Number range CHAPTER

**Oil Pollution Prevention and Response --**

**Non-Transportation-Related Onshore and Offshore Facilities**

**40 CFR Part 112**

**67 [FR]{.underline} 47042, July 17, 2002**

**as amended August 11, 2004 (69 [FR]{.underline} 48794)**

**Side-by-Side Comparison to Old Rule**

**U.S. Environmental Protection Agency**

**Oil Program**

**Ariel Rios Building**

**1200 Pennsylvania Avenue, NW**

**Washington, DC 20460**

**August 11, 2004**

**[Table of Contents]{.smallcaps}**

+--------+-------------------------------------------------------------+
| [**[S  | **Applicability, Definitions, and General Requirements for  |
| UBPART | all Facilities and all Types of Oils 1**                    |
| A]{    |                                                             |
| .under |                                                             |
| line}* |                                                             |
| *](#Su |                                                             |
| bpart) |                                                             |
+--------+-------------------------------------------------------------+
| [[     | General applicability 5                                     |
| §112.1 |                                                             |
| ]{.und |                                                             |
| erline |                                                             |
| }](#Se |                                                             |
| ction) |                                                             |
+--------+-------------------------------------------------------------+
| [[     | Definitions 35                                              |
| §112.2 |                                                             |
| ]{.und |                                                             |
| erline |                                                             |
| }](#Se |                                                             |
| ction) |                                                             |
+--------+-------------------------------------------------------------+
| [[     | Requirement to prepare and implement a Spill Prevention,    |
| §112.3 | Control, and Countermeasure Plan 75                         |
| ]{.und |                                                             |
| erline |                                                             |
| }](#Se |                                                             |
| ction) |                                                             |
+--------+-------------------------------------------------------------+
| [[     | Amendment of Spill Prevention, Control, and Countermeasure  |
| §112.4 | Plan by Regional Administrator 93                           |
| ]{.und |                                                             |
| erline |                                                             |
| }](#Se |                                                             |
| ction) |                                                             |
+--------+-------------------------------------------------------------+
| [[     | Amendment of Spill Prevention, Control, and Countermeasure  |
| §112.5 | Plan by owners or operators 107                             |
| ]{.und |                                                             |
| erline |                                                             |
| }](#Se |                                                             |
| ction) |                                                             |
+--------+-------------------------------------------------------------+
| §112.6 | \[Reserved\]                                                |
+--------+-------------------------------------------------------------+
| [[     | General requirements for Spill Prevention, Control, and     |
| §112.7 | Countermeasure Plans 115                                    |
| ]{.und |                                                             |
| erline |                                                             |
| }](#Se |                                                             |
| ction) |                                                             |
+--------+-------------------------------------------------------------+
|        |                                                             |
+--------+-------------------------------------------------------------+
| [**[S  | **Requirements for Petroleum Oils and Non-petroleum Oils,   |
| UBPART | Except Animal Fats and Oils and**                           |
| B]{    |                                                             |
| .under | **Greases, and Fish and Marine Mammal Oils; and Vegetable   |
| line}* | Oils (Including Oils from Seeds,**                          |
| *](#Su |                                                             |
| bpart) | **Nuts, Fruits, and Kernels) 147**                          |
+--------+-------------------------------------------------------------+
| [[     | Spill Prevention, Control, and Countermeasure Plan          |
| §112.8 | requirements for onshore facilities                         |
| ]{.und |                                                             |
| erline | (excluding production facilities) 151                       |
| }](#Se |                                                             |
| ction) |                                                             |
+--------+-------------------------------------------------------------+
| [[     | Spill Prevention, Control, and Countermeasure Plan          |
| §112.9 | requirements for onshore oil production                     |
| ]{.und |                                                             |
| erline | facilities 187                                              |
| }](#Se |                                                             |
| ction) |                                                             |
+--------+-------------------------------------------------------------+
| [[§    | Spill Prevention, Control, and Countermeasure Plan          |
| 112.10 | requirements for onshore oil drilling                       |
| ]{.und |                                                             |
| erline | and workover facilities 209                                 |
| }](#Se |                                                             |
| ction) |                                                             |
+--------+-------------------------------------------------------------+
| [[§    | Spill Prevention, Control, and Countermeasure Plan          |
| 112.11 | requirements for offshore oil drilling,                     |
| ]{.und |                                                             |
| erline | production, or workover facilities 215                      |
| }](#Se |                                                             |
| ction) |                                                             |
+--------+-------------------------------------------------------------+
|        |                                                             |
+--------+-------------------------------------------------------------+
| [**[S  | **Requirements for Animal Fats and Oils and Greases, and    |
| UBPART | Fish and Marine Mammal Oils;**                              |
| C]{    |                                                             |
| .under | **and for Vegetable Oils, including Oils from Seeds, Nuts,  |
| line}* | Fruits, and Kernels 227**                                   |
| *](#Su |                                                             |
| bpart) |                                                             |
+--------+-------------------------------------------------------------+
| [[§1   | Spill Prevention, Control, and Countermeasure Plan          |
| 12.12] | requirements for onshore facilities                         |
| {.unde |                                                             |
| rline} | (excluding production facilities) 231                       |
| ](#Sec |                                                             |
| tions) |                                                             |
+--------+-------------------------------------------------------------+
| [[§1   | Spill Prevention, Control, and Countermeasure Plan          |
| 12.13] | requirements for onshore oil production                     |
| {.unde |                                                             |
| rline} | facilities 231                                              |
| ](#Sec |                                                             |
| tions) |                                                             |
+--------+-------------------------------------------------------------+
| [[§1   | Spill Prevention, Control, and Countermeasure Plan          |
| 12.14] | requirements for onshore oil drilling                       |
| {.unde |                                                             |
| rline} | and workover facilities 231                                 |
| ](#Sec |                                                             |
| tions) |                                                             |
+--------+-------------------------------------------------------------+
| [[§1   | Spill Prevention, Control, and Countermeasure Plan          |
| 12.15] | requirements for offshore oil drilling,                     |
| {.unde |                                                             |
| rline} | production, or workover facilities 231                      |
| ](#Sec |                                                             |
| tions) |                                                             |
+--------+-------------------------------------------------------------+
|        |                                                             |
+--------+-------------------------------------------------------------+
| [**[S  | **Response Requirements 235**                               |
| UBPART |                                                             |
| D]{    |                                                             |
| .under |                                                             |
| line}* |                                                             |
| *](#Su |                                                             |
| bpart) |                                                             |
+--------+-------------------------------------------------------------+
| [[§    | Facility response plans 235                                 |
| 112.20 |                                                             |
| ]{.und |                                                             |
| erline |                                                             |
| }](#Su |                                                             |
| bpart) |                                                             |
+--------+-------------------------------------------------------------+
| [[§    | Facility response training and drills/exercises 235         |
| 112.21 |                                                             |
| ]{.und |                                                             |
| erline |                                                             |
| }](#Su |                                                             |
| bpart) |                                                             |
+--------+-------------------------------------------------------------+
|        |                                                             |
+--------+-------------------------------------------------------------+
| *      |                                                             |
| *[[APP |                                                             |
| ENDICE |                                                             |
| S]{.un |                                                             |
| derlin |                                                             |
| e}](#A |                                                             |
| ppendi |                                                             |
| ces)** |                                                             |
| 241    |                                                             |
+--------+-------------------------------------------------------------+
| [[Ap   | Memorandum of Understanding Between the Secretary of        |
| pendix | Transportation and the                                      |
| A]     |                                                             |
| {.unde | Administrator of the Environmental Protection Agency 243    |
| rline} |                                                             |
| ](#App |                                                             |
| endix) |                                                             |
+--------+-------------------------------------------------------------+
| [[Ap   | Memorandum of Understanding Among the Secretary of the      |
| pendix | Interior, Secretary of                                      |
| B]     |                                                             |
| {.unde | Transportation, and Administrator of the Environmental      |
| rline} | Protection Agency 255                                       |
| ](#App |                                                             |
| endix) |                                                             |
+--------+-------------------------------------------------------------+
| [[Ap   | Substantial Harm Criteria 263                               |
| pendix |                                                             |
| C]     |                                                             |
| {.unde |                                                             |
| rline} |                                                             |
| ](#App |                                                             |
| endix) |                                                             |
+--------+-------------------------------------------------------------+
| [[Ap   | Determination of a Worst Case Discharge Planning Volume 269 |
| pendix |                                                             |
| D]     |                                                             |
| {.unde |                                                             |
| rline} |                                                             |
| ](#App |                                                             |
| endix) |                                                             |
+--------+-------------------------------------------------------------+
| [[Ap   | Facility-Specific Response Plan 273                         |
| pendix |                                                             |
| F]     |                                                             |
| {.unde |                                                             |
| rline} |                                                             |
| ](#App |                                                             |
| endix) |                                                             |
+--------+-------------------------------------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Subpart A]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| *2. Part 112 is amended by        | \[No direct counterpart in old    |
| designating §§112.1 through 112.7 | rule.\]                           |
| as subpart A, adding a subpart    |                                   |
| heading and revising newly        |                                   |
| designated subpart A to read as   |                                   |
| follows:*                         |                                   |
|                                   |                                   |
| *SUBPART A - Applicability,       |                                   |
| Definitions, and General          |                                   |
| Requirements for all Facilities   |                                   |
| and all Types of Oils*            |                                   |
|                                   |                                   |
| *Sec.*                            |                                   |
|                                   |                                   |
| *112.1 General applicability.*    |                                   |
|                                   |                                   |
| *112.2 Definitions.*              |                                   |
|                                   |                                   |
| *112.3 Requirement to prepare and |                                   |
| implement a Spill Prevention,     |                                   |
| Control, and Countermeasure       |                                   |
| Plan.*                            |                                   |
|                                   |                                   |
| *112.4 Amendment of Spill         |                                   |
| Prevention, Control, and          |                                   |
| Countermeasure Plan by Regional   |                                   |
| Administrator.*                   |                                   |
|                                   |                                   |
| *112.5 Amendment of Spill         |                                   |
| Prevention, Control, and          |                                   |
| Countermeasure Plan by owners or  |                                   |
| operators.*                       |                                   |
|                                   |                                   |
| *112.6 \[Reserved\].*             |                                   |
|                                   |                                   |
| *112.7 General requirements for   |                                   |
| Spill Prevention, Control, and    |                                   |
| Countermeasure Plans.*            |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 1.  [Reorganization]{.underline}: |                                   |
|     We reorganized the rule to    |                                   |
|     clarify SPCC Plan             |                                   |
|     requirements for different    |                                   |
|     types of facilities, and to   |                                   |
|     provide requirements for      |                                   |
|     different types of oil.       |                                   |
|     Subpart A consists of an      |                                   |
|     applicability section,        |                                   |
|     definitions, and general      |                                   |
|     requirements for all          |                                   |
|     facilities. Subparts B and C  |                                   |
|     outline the requirements for  |                                   |
|     different types of oils.      |                                   |
|     Subpart B is for petroleum    |                                   |
|     oils and non-petroleum oils,  |                                   |
|     except for animal fats and    |                                   |
|     vegetable oils. Subpart C is  |                                   |
|     for animal fats and oils and  |                                   |
|     greases, and fish and marine  |                                   |
|     mammal oils; and for          |                                   |
|     vegetable oils, including     |                                   |
|     oils from seeds, nuts,        |                                   |
|     fruits, and kernels. Subpart  |                                   |
|     D is for response. Subparts B |                                   |
|     and C are divided into        |                                   |
|     sections to reflect the       |                                   |
|     differing types of facilities |                                   |
|     for each type of oil. Subpart |                                   |
|     D is for response             |                                   |
|     requirements.                 |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Section 112.1]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.1 General applicability. | Sec. 112.1 General applicability. |
|                                   |                                   |
| (a)(1) This part establishes      | \(a\) This part establishes       |
| procedures, methods*,*            | procedures, methods and equipment |
| equipment*,* and other            | and other requirements for        |
| requirements to prevent the       | equipment to prevent the          |
| discharge of oil from             | discharge of oil from             |
| non-transportation-related        | non-transportation-related        |
| onshore and offshore facilities   | onshore and offshore facilities   |
| into or upon the navigable waters | into or upon the navigable waters |
| of the United States or adjoining | of the United States or adjoining |
| shorelines**, or into or upon the | shorelines.                       |
| waters of the contiguous zone, or |                                   |
| in connection with activities     | . . . . . . . . . . . . .         |
| under the Outer Continental Shelf |                                   |
| Lands Act or the Deepwater Port   |                                   |
| Act of 1974, or that may affect   |                                   |
| natural resources belonging to,   |                                   |
| appertaining to, or under the     |                                   |
| exclusive management authority of |                                   |
| the United States (including      |                                   |
| resources under the Magnuson      |                                   |
| Fishery Conservation and          |                                   |
| Management Act)**.                |                                   |
|                                   |                                   |
| *(2) As used in this part, words  |                                   |
| in the singular also include the  |                                   |
| plural and words in the masculine |                                   |
| gender also include the feminine  |                                   |
| and vice versa, as the case may   |                                   |
| require.*                         |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 2.  [Geographic scope of          |                                   |
|     rule]{.underline}: EPA        |                                   |
|     believes that the geographic  |                                   |
|     extension of the rule to      |                                   |
|     agree with statutory          |                                   |
|     amendments is the proper      |                                   |
|     course, and has finalized the |                                   |
|     rule as proposed.             |                                   |
|                                   |                                   |
| 3.  [Natural                      |                                   |
|     resources]{.underline}:       |                                   |
|     Limiting the scope of natural |                                   |
|     resource jurisdiction under   |                                   |
|     the rule to natural resources |                                   |
|     under the Magnuson Fishery    |                                   |
|     Conservation and Management   |                                   |
|     Act would be inconsistent     |                                   |
|     with the statutory language.  |                                   |
|     We believe that few, if any   |                                   |
|     new facilities, will be       |                                   |
|     subject to the rule because   |                                   |
|     of its extension to           |                                   |
|     facilities with the potential |                                   |
|     to affect certain natural     |                                   |
|     resources. We believe that    |                                   |
|     most affected facilities are  |                                   |
|     either already subject to the |                                   |
|     rule, or not subject to our   |                                   |
|     jurisdiction due to a         |                                   |
|     Memorandum of Understanding   |                                   |
|     between EPA, the U.S.         |                                   |
|     Department of Transportation  |                                   |
|     (DOT), and the U.S.           |                                   |
|     Department of the Interior    |                                   |
|     (DOI), which assigns          |                                   |
|     jurisdiction over most of     |                                   |
|     those facilities to DOT or    |                                   |
|     DOI. See 40 CFR part 112,     |                                   |
|     Appendix B.                   |                                   |
|                                   |                                   |
| 4.  [Number and                   |                                   |
|     gender]{.underline}: We added |                                   |
|     a new §112.1(a)(2) to make    |                                   |
|     clear that words in the       |                                   |
|     singular include the plural,  |                                   |
|     and words in the masculine    |                                   |
|     include the feminine, and     |                                   |
|     vice versa. This amendment is |                                   |
|     for clarification purposes    |                                   |
|     only.                         |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.1 General applicability. | Sec. 112.1 General applicability. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(b\) Except as provided in       | \(b\) Except as provided in       |
| paragraph (d) of this section,    | paragraph (d) of this section,    |
| this part applies to *any owner   | this part applies to owners or    |
| or operator* of *a*               | operators of                      |
| non-transportation-related        | non-transportation-related        |
| onshore or offshore *facility*    | onshore and offshore facilities   |
| engaged in drilling, producing,   | engaged in drilling, producing,   |
| gathering, storing, processing,   | gathering, storing, processing,   |
| refining, transferring,           | refining, transferring,           |
| distributing, *using,* or         | distributing or consuming oil and |
| consuming oil and oil products,   | oil products, and which, due to   |
| which due to its location, could  | their location, could reasonably  |
| reasonably be expected to         | be expected to discharge oil in   |
| discharge oil *in quantities that | harmful quantities, as defined in |
| may be harmful, as described* in  | part 110 of this chapter, into or |
| part 110 of this chapter, into or | upon the navigable waters of the  |
| upon the navigable waters of the  | United States or adjoining        |
| United States or adjoining        | shorelines.                       |
| shorelines**, or into or upon the |                                   |
| waters of the contiguous zone, or | . . . . . . . . . . . . .         |
| in connection with activities     |                                   |
| under the Outer Continental Shelf |                                   |
| Lands Act or the Deepwater Port   |                                   |
| Act of 1974, or that may affect   |                                   |
| natural resources belonging to,   |                                   |
| appertaining to, or under the     |                                   |
| exclusive management authority of |                                   |
| the United States (including      |                                   |
| resources under the Magnuson      |                                   |
| Fishery Conservation and          |                                   |
| Management Act) that has oil      |                                   |
| in:**                             |                                   |
|                                   |                                   |
| **(1) Any aboveground             |                                   |
| container;**                      |                                   |
|                                   |                                   |
| **(2) Any completely buried tank  |                                   |
| as defined in §112.2;**           |                                   |
|                                   |                                   |
| **(3) Any container that is used  |                                   |
| for standby storage, for seasonal |                                   |
| storage, or for temporary         |                                   |
| storage, or not otherwise         |                                   |
| "permanently closed" as defined   |                                   |
| in §112.2;**                      |                                   |
|                                   |                                   |
| **(4) Any "bunkered tank" or      |                                   |
| "partially buried tank" as        |                                   |
| defined in §112.2, or any         |                                   |
| container in a vault, each of     |                                   |
| which is considered an            |                                   |
| aboveground storage container for |                                   |
| purposes of this part.**          |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 5.  [Facilities]{.underline}:     |                                   |
|     Section 311(j)(1)(C) of the   |                                   |
|     statute authorizes and        |                                   |
|     requires the President (and   |                                   |
|     EPA, through delegation in    |                                   |
|     Executive Order 12777, 56 FR  |                                   |
|     54757, October 22, 1991) to   |                                   |
|     issue regulations consistent  |                                   |
|     with the National Oil and     |                                   |
|     Hazardous Substances          |                                   |
|     Pollution Contingency Plan,   |                                   |
|     and consistent with maritime  |                                   |
|     safety and with marine and    |                                   |
|     navigation laws, which        |                                   |
|     establish "procedures,        |                                   |
|     methods, and equipment and    |                                   |
|     other requirements for        |                                   |
|     equipment to prevent          |                                   |
|     discharges of oil and         |                                   |
|     hazardous substances from     |                                   |
|     vessels and from onshore and  |                                   |
|     offshore facilities, and to   |                                   |
|     contain such discharges."     |                                   |
|     This language authorizes the  |                                   |
|     President to issue oil spill  |                                   |
|     prevention rules which        |                                   |
|     pertain to onshore facilities |                                   |
|     and offshore facilities and   |                                   |
|     not just "equipment."         |                                   |
|                                   |                                   |
| > In order to fulfill the         |                                   |
| > statutory mandate, it is        |                                   |
| > necessary to regulate the       |                                   |
| > facilities from which           |                                   |
| > discharges emanate. Although    |                                   |
| > the term "facility" is not      |                                   |
| > defined in the statute, both    |                                   |
| > "onshore facility" and          |                                   |
| > "offshore facility" are defined |                                   |
| > terms in CWA section 311. They  |                                   |
| > have also been defined terms in |                                   |
| > the SPCC rule since its         |                                   |
| > inception in 1974. In the 1991  |                                   |
| > proposal, EPA proposed a        |                                   |
| > definition of "facility" to     |                                   |
| > implement the CWA. That         |                                   |
| > definition was based on a       |                                   |
| > Memorandum of Understanding     |                                   |
| > (MOU) between the Secretary of  |                                   |
| > Transportation and the EPA      |                                   |
| > Administrator dated November    |                                   |
| > 24, 1971 (36 FR 24080). The     |                                   |
| > MOU, which has been published   |                                   |
| > as Appendix A to part 112 since |                                   |
| > December 11, 1973 (38 FR 34164, |                                   |
| > 34170), defines in detail what  |                                   |
| > constitutes a facility. Thus,   |                                   |
| > there has long been a common    |                                   |
| > understanding of the term. That |                                   |
| > understanding has been          |                                   |
| > reinforced by frequent use of   |                                   |
| > the term in context within the  |                                   |
| > SPCC rule since it became       |                                   |
| > effective in 1974. To promote   |                                   |
| > clarity and to maintain all     |                                   |
| > definitions in one place, the   |                                   |
| > proposed definition has been    |                                   |
| > finalized in this rulemaking.   |                                   |
| >                                 |                                   |
| > While section 311(j)(1)(C) of   |                                   |
| > the Act may not explicitly      |                                   |
| > mention jurisdictional          |                                   |
| > criteria, section 311(b) of the |                                   |
| > Act does. Section 311(b)        |                                   |
| > establishes as the policy of    |                                   |
| > the United States that there    |                                   |
| > shall be "no discharges of oil  |                                   |
| > or hazardous substances into or |                                   |
| > upon the navigable waters of    |                                   |
| > the United States, adjoining    |                                   |
| > shorelines, or into or upon the |                                   |
| > waters of the contiguous zone,  |                                   |
| > or in connection with           |                                   |
| > activities under the Outer      |                                   |
| > Continental Shelf Lands Act or  |                                   |
| > the Deepwater Port Act of 1974, |                                   |
| > or which may affect natural     |                                   |
| > resources belonging to,         |                                   |
| > appertaining to, or under the   |                                   |
| > exclusive management authority  |                                   |
| > of the United States (including |                                   |
| > resources under the Magnuson    |                                   |
| > Fishery Conservation and        |                                   |
| > Management Act)." Thus, the     |                                   |
| > location or "jurisdictional"    |                                   |
| > criteria contained in §112.1(b) |                                   |
| > are appropriate for inclusion   |                                   |
| > in the rule. EPA believes that  |                                   |
| > the geographic extension of the |                                   |
| > rule to agree with statutory    |                                   |
| > amendments is the proper        |                                   |
| > course, and has finalized the   |                                   |
| > rule as proposed.               |                                   |
|                                   |                                   |
| 6.  [Use of Oil]{.underline}: We  |                                   |
|     amended §112.1(b) to clarify  |                                   |
|     that using oil (e.g.,         |                                   |
|     operationally) may subject a  |                                   |
|     facility to SPCC jurisdiction |                                   |
|     as long as the other          |                                   |
|     applicability criteria (e.g., |                                   |
|     oil storage capacity or       |                                   |
|     location) apply. Such a       |                                   |
|     facility might reasonably be  |                                   |
|     expected to discharge oil as  |                                   |
|     described in §112.1(b), and   |                                   |
|     the prevention of discharges  |                                   |
|     from such facility falls      |                                   |
|     within the scope of the       |                                   |
|     statute.                      |                                   |
|                                   |                                   |
| > However, we distinguish the     |                                   |
| > bulk storage of oil from the    |                                   |
| > operational use of oil. We      |                                   |
| > define "bulk storage container" |                                   |
| > in the revised rule to mean any |                                   |
| > container used to store oil.    |                                   |
| > The storage of oil may be prior |                                   |
| > to use, while being used, or    |                                   |
| > prior to further distribution   |                                   |
| > in commerce. For clarity, we    |                                   |
| > have specifically excluded      |                                   |
| > oil-filled electrical,          |                                   |
| > operating, or manufacturing     |                                   |
| > equipment from the definition.  |                                   |
| >                                 |                                   |
| > Facilities that use oil         |                                   |
| > operationally include           |                                   |
| > electrical substations,         |                                   |
| > facilities containing           |                                   |
| > electrical transformers, and    |                                   |
| > certain hydraulic or            |                                   |
| > manufacturing equipment. The    |                                   |
| > requirements for bulk storage   |                                   |
| > containers may not always apply |                                   |
| > to these facilities since the   |                                   |
| > primary purpose of this         |                                   |
| > equipment is not the storage of |                                   |
| > oil in bulk. Facilities with    |                                   |
| > equipment containing oil for    |                                   |
| > ancillary purposes are not      |                                   |
| > required to provide the         |                                   |
| > secondary containment required  |                                   |
| > for bulk storage facilities     |                                   |
| > (§112.8(c)) and onshore         |                                   |
| > production facilities           |                                   |
| > (§112.9(c)), nor implement the  |                                   |
| > other provisions of §112.8(c)   |                                   |
| > or §112.9(c). Oil-filled        |                                   |
| > equipment must meet other SPCC  |                                   |
| > requirements, for example, the  |                                   |
| > general requirements of this    |                                   |
| > part, including §112.7(c), to   |                                   |
| > provide appropriate containment |                                   |
| > and/or diversionary structures  |                                   |
| > to prevent discharged oil from  |                                   |
| > reaching a navigable            |                                   |
| > watercourse. The general        |                                   |
| > requirement for secondary       |                                   |
| > containment, which can be       |                                   |
| > provided by various means       |                                   |
| > including drainage systems,     |                                   |
| > spill diversion ponds, etc.,    |                                   |
| > will provide for safety and     |                                   |
| > also the needs of section       |                                   |
| > 311(j)(1)(C) of the CWA.        |                                   |
| >                                 |                                   |
| > In addition, a facility may     |                                   |
| > deviate from any inappropriate  |                                   |
| > SPCC requirements, if the owner |                                   |
| > or operator explains his        |                                   |
| > reasons for nonconformance and  |                                   |
| > provides equivalent             |                                   |
| > environmental protection by     |                                   |
| > some other means. See           |                                   |
| > §112.7(a)(2) and §112.7(d).     |                                   |
|                                   |                                   |
| 7.  [Distance to navigable        |                                   |
|     waters]{.underline}: We do    |                                   |
|     not believe that any rule     |                                   |
|     that exempts facilities       |                                   |
|     beyond any particular         |                                   |
|     distance meets the intent of  |                                   |
|     the statute. The locational   |                                   |
|     standard in the rule is       |                                   |
|     whether there is a reasonable |                                   |
|     possibility of discharge in   |                                   |
|     quantities that may be        |                                   |
|     harmful from the facility. A  |                                   |
|     facility that is more than    |                                   |
|     one mile from navigable       |                                   |
|     waters might well fit within  |                                   |
|     that standard. For example,   |                                   |
|     piping or drainage from that  |                                   |
|     facility might lead directly  |                                   |
|     to navigable water. If        |                                   |
|     discharged oil may reach or   |                                   |
|     does reach navigable waters,  |                                   |
|     adjoining shorelines, or      |                                   |
|     protected resources, the      |                                   |
|     distance which the discharged |                                   |
|     oil travels is irrelevant.    |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.1 General applicability. | Sec. 112.1 General applicability. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(c\) As provided in section 313  | \(c\) As provided in section 313  |
| *of the Clean Water Act (CWA)*,   | (86 Stat. 875) departments,       |
| departments, agencies, and        | agencies, and instrumentalities   |
| instrumentalities of the Federal  | of the Federal government are     |
| government are subject to this    | subject to these regulations to   |
| part to the same extent as any    | the same extent as any person,    |
| person.                           | except for the provisions of Sec. |
|                                   | 112.6.                            |
| . . . . . . . . . . . . .         |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 8.  [Civil                        |                                   |
|     Penalties]{.underline}: The   |                                   |
|     provision relating to civil   |                                   |
|     penalties was rescinded on    |                                   |
|     March 11, 1996, as it no      |                                   |
|     longer accurately reflected   |                                   |
|     the penalties provided for    |                                   |
|     under section 311(b) of the   |                                   |
|     Act, as amended by OPA (61 FR |                                   |
|     9646). In addition, EPA       |                                   |
|     believes that Federal         |                                   |
|     agencies are not subject to   |                                   |
|     penalties or fines under the  |                                   |
|     CWA because the Federal       |                                   |
|     government is not a "person"  |                                   |
|     under sections 311(a)(7) or   |                                   |
|     502 of the CWA. Only          |                                   |
|     "persons" (including owners   |                                   |
|     or operators and persons in   |                                   |
|     charge) are subject to such   |                                   |
|     penalties. Although Federal   |                                   |
|     agencies must comply with     |                                   |
|     requirements of a CWA section |                                   |
|     311 rule in accordance with   |                                   |
|     CWA section 313, they are not |                                   |
|     subject to civil or criminal  |                                   |
|     penalties or fines. *See*     |                                   |
|     [U.S. Department of Energy v. |                                   |
|     Ohio]{.underline}, 503 U.S.   |                                   |
|     607, 618 (1992) (because the  |                                   |
|     CWA does not define "person"  |                                   |
|     to include the United States, |                                   |
|     the civil penalty provisions  |                                   |
|     are not applicable).          |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.1 General applicability. | Sec. 112.1 General applicability. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(d\) **Except as provided in     | \(d\) This part does not apply    |
| paragraph (f) of this section,**  | to:                               |
| this part does not apply to:      |                                   |
|                                   | \(1\) Facilities, equipment or    |
| \(1\) *The owner or operator of   | operations which are not subject  |
| any facility, equipment, or       | to the jurisdiction of the        |
| operation that is* not subject to | Environmental Protection Agency,  |
| the jurisdiction of the           | as follows:                       |
| Environmental Protection Agency   |                                   |
| *(EPA) under section 311(j)(1)(C) | \(i\) Onshore and offshore        |
| of the CWA,* as follows:          | facilities, which, due to their   |
|                                   | location, could not reasonably be |
| \(i\) *Any* onshore or offshore   | expected to discharge oil into or |
| *facility*, *that* due to *its*   | upon the navigable waters of the  |
| location, could not reasonably be | United States or adjoining        |
| expected to *have a discharge as  | shorelines. This determination    |
| described in paragraph (b) of     | shall be based solely upon a      |
| this section*. This determination | consideration of the              |
| *must* be based solely upon       | geographical, locational aspects  |
| consideration of the geographical | of the facility (such as          |
| *and location* aspects of the     | proximity to navigable waters or  |
| facility (such as proximity to    | adjoining shorelines, land        |
| navigable waters or adjoining     | contour, drainage, etc.) and      |
| shorelines, land contour,         | shall exclude consideration of    |
| drainage, etc.) and *must*        | manmade features such as dikes,   |
| exclude consideration of manmade  | equipment or other structures     |
| features such as dikes, equipment | which may serve to restrain,      |
| or other structures, which may    | hinder, contain, or otherwise     |
| serve to restrain, hinder,        | prevent a discharge of oil from   |
| contain, or otherwise prevent a   | reaching navigable waters of the  |
| discharge *as described in        | United States or adjoining        |
| paragraph (b) of this section.*   | shorelines; and                   |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 9.  [Manmade                      |                                   |
|     structures]{.underline}*:* To |                                   |
|     allow consideration of        |                                   |
|     manmade structures (such as   |                                   |
|     dikes, equipment, or other    |                                   |
|     structures) to relieve a      |                                   |
|     facility from being subject   |                                   |
|     to the rule would defeat its  |                                   |
|     preventive purpose. Because   |                                   |
|     manmade structures may fail,  |                                   |
|     thus putting the environment  |                                   |
|     at risk in the event of a     |                                   |
|     discharge, there is an        |                                   |
|     unacceptable risk in using    |                                   |
|     such structures to justify    |                                   |
|     relieving a facility from the |                                   |
|     burden of preparing a         |                                   |
|     prevention plan. Secondary    |                                   |
|     containment structures should |                                   |
|     be part of the prevention     |                                   |
|     plan.                         |                                   |
|                                   |                                   |
| 10. [Groundwater]{.underline}:    |                                   |
|     Groundwater underlying a      |                                   |
|     facility that is directly     |                                   |
|     connected hydrologically to   |                                   |
|     navigable waters could        |                                   |
|     trigger the requirement to    |                                   |
|     produce an SPCC Plan based on |                                   |
|     geographic or locational      |                                   |
|     aspects of the facility. EPA  |                                   |
|     notes that 40 CFR part 280    |                                   |
|     and State programs approved   |                                   |
|     under 40 CFR part 281 (the    |                                   |
|     rules governing most          |                                   |
|     completely buried tanks) have |                                   |
|     adequate emergency response   |                                   |
|     provisions for regulated      |                                   |
|     tanks and piping. Such        |                                   |
|     regulations require           |                                   |
|     corrective action, reporting, |                                   |
|     and recordkeeping             |                                   |
|     requirements for any release  |                                   |
|     from regulated tanks and      |                                   |
|     piping. Also, 40 CFR parts    |                                   |
|     280 and 281 require various   |                                   |
|     measures intended to prevent  |                                   |
|     contamination that could      |                                   |
|     result from releases from     |                                   |
|     regulated tanks and piping.   |                                   |
|     Although groundwater          |                                   |
|     underlying a facility may     |                                   |
|     eventually connect            |                                   |
|     hydrologically to navigable   |                                   |
|     waters, the requirements of   |                                   |
|     40 CFR part 280 and State     |                                   |
|     programs approved under 40    |                                   |
|     CFR part 281 are intended to  |                                   |
|     address the prevention of     |                                   |
|     releases from underground     |                                   |
|     storage tanks that might have |                                   |
|     an impact on groundwater and  |                                   |
|     to require rapid response and |                                   |
|     corrective action at such     |                                   |
|     sites if they compromise      |                                   |
|     groundwater quality.          |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.1 General applicability. | Sec. 112.1 General applicability. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(d\) . . .                       | \(d\) . . .                       |
|                                   |                                   |
| \(1\) . . .                       | \(1\) . . .                       |
|                                   |                                   |
| \(ii\) *Any equipment, or         | \(ii\) Equipment or operations of |
| operation of a* vessel or         | vessels or transportation-related |
| transportation-related onshore or | onshore and offshore facilities   |
| offshore *facility* which *is*    | which are subject to authority    |
| subject to *the* authority and    | and control of the Department of  |
| control of the *U.S.* Department  | Transportation, as defined in the |
| of Transportation, as defined in  | Memorandum of Understanding       |
| the Memorandum of Understanding   | between the Secretary of          |
| between the Secretary of          | Transportation and the            |
| Transportation and the            | Administrator of the              |
| Administrator of *EPA*, dated     | Environmental Protection Agency,  |
| November 24, 1971 *(Appendix A of | dated November 24, 1971, 36 FR    |
| this part)*.                      | 24000.                            |
|                                   |                                   |
| *(iii) Any equipment, or          | . . . . . . . . . . . . .         |
| operation of a vessel or onshore  |                                   |
| or offshore facility which is     |                                   |
| subject to the authority and      |                                   |
| control of the U.S. Department of |                                   |
| Transportation or the U.S.        |                                   |
| Department of the Interior, as    |                                   |
| defined in the Memorandum of      |                                   |
| Understanding between the         |                                   |
| Secretary of Transportation, the  |                                   |
| Secretary of the Interior, and    |                                   |
| the Administrator of EPA, dated   |                                   |
| November 8, 1993 (Appendix B of   |                                   |
| this part).*                      |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 11. [Background]{.underline}: We  |                                   |
|     added a new paragraph to the  |                                   |
|     applicability section of the  |                                   |
|     rule to note the              |                                   |
|     jurisdictional changes        |                                   |
|     resulting from an MOU between |                                   |
|     DOT, DOI, and EPA             |                                   |
|     redelegating certain          |                                   |
|     functions. The MOU was        |                                   |
|     published on July 1, 1994 (at |                                   |
|     59 FR 34102). The addition of |                                   |
|     this paragraph is not a       |                                   |
|     substantive change in the     |                                   |
|     rules, but merely an          |                                   |
|     editorial revision to mark    |                                   |
|     the jurisdiction of the       |                                   |
|     respective agencies in this   |                                   |
|     rule. It complements the      |                                   |
|     other paragraphs in           |                                   |
|     §112.1(d)(1) that describe    |                                   |
|     facilities that are not       |                                   |
|     subject to EPA jurisdiction.  |                                   |
|     Due to the MOU, the           |                                   |
|     referenced facilities,        |                                   |
|     equipment, and operations of  |                                   |
|     DOT and DOI in                |                                   |
|     §112.1(d)(1)(iii), like the   |                                   |
|     facilities, equipment, and    |                                   |
|     operations described in       |                                   |
|     §112.1(d)(1)(i) and (ii), are |                                   |
|     not subject to EPA            |                                   |
|     jurisdiction under section    |                                   |
|     311(j)(1)(C) of the Act. They |                                   |
|     are not subject to EPA        |                                   |
|     jurisdiction either because   |                                   |
|     of their location, in the     |                                   |
|     case of DOI facilities, or    |                                   |
|     because of their activities,  |                                   |
|     which are strictly            |                                   |
|     transportation-related, in    |                                   |
|     the case of DOT facilities.   |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.1 General applicability. | Sec. 112.1 General applicability. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(d\) . . .                       | \(d\) . . .                       |
|                                   |                                   |
| \(2\) *Any facility* which,       | \(2\) Those facilities which,     |
| although otherwise subject to the | although otherwise subject to the |
| jurisdiction of *EPA*, *meets*    | jurisdiction of the Environmental |
| both of the following             | Protection Agency, meet both of   |
| requirements:                     | the following requirements:       |
|                                   |                                   |
| \(i\) The *completely* buried     | \(i\) The underground buried      |
| storage capacity of the facility  | storage capacity of the facility  |
| is 42,000 gallons or less of oil. | is 42,000 gallons or less of oil, |
| **For purposes of this exemption, | and                               |
| the completely buried storage     |                                   |
| capacity of a facility excludes   | ii\) The storage capacity, which  |
| the capacity of a completely      | is not buried, of the facility is |
| buried tank, as defined in        | 1,320 gallons or less of oil,     |
| §112.2, and connected underground | provided no single container has  |
| piping, underground ancillary     | a capacity in excess of 660       |
| equipment, and containment        | gallons.                          |
| systems, that is currently        |                                   |
| subject to all of the technical   | . . . . . . . . . . . . .         |
| requirements of part 280 of this  |                                   |
| chapter or all of the technical   |                                   |
| requirements of a State program   |                                   |
| approved under part 281 of this   |                                   |
| chapter. The *completely buried   |                                   |
| storage capacity* of a facility   |                                   |
| also excludes the capacity of a   |                                   |
| container that is "permanently    |                                   |
| closed," as defined in §112.2.**  |                                   |
|                                   |                                   |
| \(ii\) The *aggregate             |                                   |
| aboveground* storage *capacity    |                                   |
| of* the facility is 1,320 gallons |                                   |
| or less of oil. **For purposes of |                                   |
| this exemption, only containers   |                                   |
| of oil with a capacity of 55      |                                   |
| gallons or greater are counted.   |                                   |
| The aggregate aboveground storage |                                   |
| capacity of a facility excludes   |                                   |
| the capacity of a container that  |                                   |
| is "permanently closed," as       |                                   |
| defined in §112.2.**              |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 12. [Partially buried tanks and   |                                   |
|     bunkered tanks]{.underline}:  |                                   |
|     Partially buried tanks and    |                                   |
|     bunkered tanks should not be  |                                   |
|     considered completely buried  |                                   |
|     tanks and, therefore,         |                                   |
|     excluded from SPCC            |                                   |
|     provisions. Such tanks may    |                                   |
|     suffer damage caused by       |                                   |
|     differential corrosion of     |                                   |
|     buried and non-buried         |                                   |
|     surfaces greater than         |                                   |
|     completely buried tanks,      |                                   |
|     which could cause a discharge |                                   |
|     as described in §112.1(b).    |                                   |
|     Such tanks are also not       |                                   |
|     subject to secondary          |                                   |
|     containment requirements      |                                   |
|     under part 280 or a State     |                                   |
|     program approved under 40 CFR |                                   |
|     part 281. There may also be   |                                   |
|     accidents during loading or   |                                   |
|     unloading operations, or      |                                   |
|     overfills resulting in a      |                                   |
|     discharge to navigable waters |                                   |
|     and adjoining shorelines.     |                                   |
|     Furthermore, a failure of     |                                   |
|     such a tank (caused by        |                                   |
|     accident or vandalism) would  |                                   |
|     be more likely to cause a     |                                   |
|     discharge as described in     |                                   |
|     §112.1(b).                    |                                   |
|                                   |                                   |
| 13. [Contingency                  |                                   |
|     planning]{.underline}:        |                                   |
|     Although UST rules do not     |                                   |
|     require contingency planning, |                                   |
|     spills and overfills of USTs  |                                   |
|     resulting in a discharge to   |                                   |
|     the environment are much less |                                   |
|     likely as a result of those   |                                   |
|     rules. An owner or operator   |                                   |
|     of an underground storage     |                                   |
|     tank subject to 40 CFR part   |                                   |
|     280 or a State program        |                                   |
|     approved under 40 CFR part    |                                   |
|     281 was required to install   |                                   |
|     spill and overfill prevention |                                   |
|     equipment no later than       |                                   |
|     December 22, 1998. The use of |                                   |
|     this equipment will greatly   |                                   |
|     reduce the likelihood of both |                                   |
|     small and large releases or   |                                   |
|     discharges of petroleum to    |                                   |
|     the environment through       |                                   |
|     surface spills or overfilling |                                   |
|     underground storage tanks. In |                                   |
|     addition, the UST rules place |                                   |
|     a general responsibility on   |                                   |
|     the owner or operator to      |                                   |
|     ensure that discharges due to |                                   |
|     spilling and overfilling do   |                                   |
|     not occur. See 40 CFR 280.30. |                                   |
|                                   |                                   |
| 14. [Emergency response and       |                                   |
|     release                       |                                   |
|     reporting]{.underline}: The   |                                   |
|     UST rules have several        |                                   |
|     requirements related to       |                                   |
|     emergency response and        |                                   |
|     release or discharge          |                                   |
|     reporting. The UST rules      |                                   |
|     generally require that        |                                   |
|     releases of regulated         |                                   |
|     substances be reported to the |                                   |
|     implementing agency within 24 |                                   |
|     hours. As part of the initial |                                   |
|     response requirements (found  |                                   |
|     at 40 CFR 280.61), an owner   |                                   |
|     or operator must take         |                                   |
|     immediate action to prevent   |                                   |
|     further release of the        |                                   |
|     regulated substance and must  |                                   |
|     identify and mitigate fire,   |                                   |
|     explosion, and vapor hazards. |                                   |
|                                   |                                   |
| 15. [Reporting and                |                                   |
|     recordkeeping]{.underline}:   |                                   |
|     There are numerous reporting  |                                   |
|     and recordkeeping             |                                   |
|     requirements in the rules     |                                   |
|     governing underground storage |                                   |
|     tanks, including corrective   |                                   |
|     action plans; documentation   |                                   |
|     of corrosion protection       |                                   |
|     equipment; documentation of   |                                   |
|     UST system repairs; and       |                                   |
|     information concerning recent |                                   |
|     compliance with release       |                                   |
|     detection requirements.       |                                   |
|                                   |                                   |
| 16. [Transportation               |                                   |
|     rules]{.underline}: In        |                                   |
|     addition to the EPA UST       |                                   |
|     rules, the U.S. Department of |                                   |
|     Transportation has hazardous  |                                   |
|     material regulations related  |                                   |
|     to driver training, emergency |                                   |
|     preparation, and incident     |                                   |
|     reporting and emergency       |                                   |
|     response. Training            |                                   |
|     regulations, for example, can |                                   |
|     be found at 49 CFR part 172,  |                                   |
|     and loading and unloading     |                                   |
|     regulations can be found at   |                                   |
|     49 CFR 177.834 and 49 CFR     |                                   |
|     177.837. These regulations    |                                   |
|     apply, for example, to truck  |                                   |
|     drivers delivering gasoline   |                                   |
|     or diesel fuel to gas         |                                   |
|     stations with underground     |                                   |
|     storage tanks.                |                                   |
|                                   |                                   |
| 17. [Piping, ancillary equipment, |                                   |
|     and containment               |                                   |
|     systems]{.underline}: The     |                                   |
|     scope of the proposed         |                                   |
|     exemption for completely      |                                   |
|     buried tanks includes the     |                                   |
|     connected underground piping, |                                   |
|     underground ancillary         |                                   |
|     equipment, and containment    |                                   |
|     systems, in addition to the   |                                   |
|     tank itself. This             |                                   |
|     modification is consistent    |                                   |
|     with the definition of        |                                   |
|     underground storage tank      |                                   |
|     system found at 40 CFR        |                                   |
|     280.12.                       |                                   |
|                                   |                                   |
| 18. [Deferred tanks]{.underline}: |                                   |
|     We believe that we should     |                                   |
|     regulate tanks which are      |                                   |
|     deferred from compliance with |                                   |
|     any of the technical          |                                   |
|     requirements of 40 CFR part   |                                   |
|     280 or a State program        |                                   |
|     approved under 40 CFR         |                                   |
|     part 281. These are           |                                   |
|     containers from which a       |                                   |
|     discharge as described in     |                                   |
|     §112.1(b) may occur, and thus |                                   |
|     are properly subject to the   |                                   |
|     SPCC rule. Furthermore, if    |                                   |
|     they were not regulated by    |                                   |
|     SPCC rules, they may, in some |                                   |
|     instances, not be regulated   |                                   |
|     at all.                       |                                   |
|                                   |                                   |
| 19. [Effect on Facility Response  |                                   |
|     Plan (FRP)                    |                                   |
|     facilities]{.underline}: The  |                                   |
|     exemption for completely      |                                   |
|     buried tanks subject to all   |                                   |
|     the technical requirements of |                                   |
|     40 CFR part 280 or a State    |                                   |
|     program approved under 40 CFR |                                   |
|     part 281 applies to the       |                                   |
|     calculation of storage        |                                   |
|     capacity both for SPCC        |                                   |
|     purposes and for FRP          |                                   |
|     purposes, because the         |                                   |
|     exemption applies to all of   |                                   |
|     part 112. Therefore, a few    |                                   |
|     FRP facilities with large     |                                   |
|     capacity completely buried    |                                   |
|     tanks subject to 40 CFR part  |                                   |
|     280 or a State program        |                                   |
|     approved under 40 CFR part    |                                   |
|     281 might no longer be        |                                   |
|     required to have FRPs.        |                                   |
|     Calculations for planning     |                                   |
|     levels for worst case         |                                   |
|     discharges will also be       |                                   |
|     affected. However, the        |                                   |
|     Regional Administrator        |                                   |
|     retains authority to require  |                                   |
|     the owner or operator of any  |                                   |
|     non-transportation-related    |                                   |
|     onshore facility to prepare   |                                   |
|     and submit a FRP after        |                                   |
|     considering the factors       |                                   |
|     listed in §112.20(f)(2). See  |                                   |
|     §112.20(b)(1).                |                                   |
|                                   |                                   |
| 20. [Minimum container            |                                   |
|     size]{.underline}: The        |                                   |
|     revised rule introduces a     |                                   |
|     minimum container size. The   |                                   |
|     55 gallon container is the    |                                   |
|     most widely used commercial   |                                   |
|     bulk container, and these     |                                   |
|     containers are easily         |                                   |
|     counted. Containers below 55  |                                   |
|     gallons in capacity are       |                                   |
|     typically end-use consumer    |                                   |
|     containers. Fifty-five gallon |                                   |
|     containers are also the       |                                   |
|     lowest size bulk container    |                                   |
|     that can be handled by a      |                                   |
|     human. Containers above that  |                                   |
|     size typically require        |                                   |
|     equipment for movement and    |                                   |
|     handling.                     |                                   |
|                                   |                                   |
| > We believe that it is not       |                                   |
| > necessary to apply SPCC or FRP  |                                   |
| > rules requiring measures like   |                                   |
| > secondary containment,          |                                   |
| > inspections, or integrity       |                                   |
| > testing, to containers smaller  |                                   |
| > than 55 gallons storing oil     |                                   |
| > because a discharge from these  |                                   |
| > containers generally poses a    |                                   |
| > smaller risk to the             |                                   |
| > environment. Furthermore,       |                                   |
| > compliance with the rules for   |                                   |
| > these containers could be       |                                   |
| > extremely burdensome for an     |                                   |
| > owner or operator and could     |                                   |
| > upset manufacturing operations, |                                   |
| > while providing little or no    |                                   |
| > significant increase in         |                                   |
| > protection of human health or   |                                   |
| > the environment. Many of these  |                                   |
| > smaller containers are          |                                   |
| > constantly being emptied,       |                                   |
| > replaced, and relocated so that |                                   |
| > serious corrosion will likely   |                                   |
| > soon be detected and undetected |                                   |
| > leaks become highly unlikely.   |                                   |
| > While we realize that small     |                                   |
| > discharges may harm the         |                                   |
| > environment, depending on where |                                   |
| > and when the discharge occurs,  |                                   |
| > we believe that this measure    |                                   |
| > will allow facilities to        |                                   |
| > concentrate on the prevention   |                                   |
| > and containment of discharges   |                                   |
| > of oil from those sources most  |                                   |
| > likely to present a more        |                                   |
| > significant risk to human       |                                   |
| > health and the environment.     |                                   |
| >                                 |                                   |
| > Including containers of 55      |                                   |
| > gallons or greater within the   |                                   |
| > calculation for the regulatory  |                                   |
| > threshold is necessary to       |                                   |
| > ensure environmental            |                                   |
| > protection. The result of a     |                                   |
| > higher minimum size, in some    |                                   |
| > cases, would be large amounts   |                                   |
| > of aggregate capacity that      |                                   |
| > would not be counted for SPCC   |                                   |
| > purposes, and would therefore   |                                   |
| > be unregulated, posing a threat |                                   |
| > to the environment.             |                                   |
| >                                 |                                   |
| > EPA retains authority to        |                                   |
| > require any facility subject to |                                   |
| > its jurisdiction under section  |                                   |
| > 311(j) of the CWA to prepare    |                                   |
| > and implement an SPCC Plan, or  |                                   |
| > applicable part, to carry out   |                                   |
| > the purposes of the Act.        |                                   |
|                                   |                                   |
| 21. [Effect on Facility Response  |                                   |
|     Plan facilities]{.underline}: |                                   |
|     The exemption for containers  |                                   |
|     of less than 55 gallons       |                                   |
|     applies to the calculations   |                                   |
|     of storage capacity both for  |                                   |
|     SPCC purposes and for FRP     |                                   |
|     purposes because the          |                                   |
|     exemption applies to all of   |                                   |
|     part 112. Therefore, a few    |                                   |
|     FRP facilities might no       |                                   |
|     longer be required to have    |                                   |
|     FRPs. The calculations for    |                                   |
|     planning levels for worst     |                                   |
|     case discharges would also be |                                   |
|     affected.                     |                                   |
|                                   |                                   |
| 22. [Regulatory                   |                                   |
|     thresholds]{.underline}: We   |                                   |
|     raised the regulatory         |                                   |
|     threshold to an aggregate     |                                   |
|     volume of over 1,320 gallons. |                                   |
|     We believe that raising the   |                                   |
|     regulatory threshold is       |                                   |
|     justified because our Survey  |                                   |
|     of Oil Storage Facilities     |                                   |
|     (published in July 1996, and  |                                   |
|     available on our web site at  |                                   |
|     www.epa.gov/oilspill)         |                                   |
|     suggests that several         |                                   |
|     facility characteristics can  |                                   |
|     affect the chances of a       |                                   |
|     discharge. First, the Survey  |                                   |
|     showed that as the total      |                                   |
|     storage capacity increases,   |                                   |
|     so does the propensity to     |                                   |
|     discharge, the severity of    |                                   |
|     the discharge, and the costs  |                                   |
|     of cleanup. Likewise, the     |                                   |
|     Survey also pointed out that  |                                   |
|     as the number of tanks        |                                   |
|     increases, so does the        |                                   |
|     propensity to discharge, the  |                                   |
|     severity of the discharge,    |                                   |
|     and the costs of cleanup.     |                                   |
|     Finally, the Survey showed    |                                   |
|     that as annual throughput     |                                   |
|     increases, so does the        |                                   |
|     propensity to discharge, the  |                                   |
|     severity of the discharge,    |                                   |
|     and, to a lesser extent, the  |                                   |
|     costs of the cleanup.         |                                   |
|                                   |                                   |
| > The threshold change will have  |                                   |
| > several benefits. The threshold |                                   |
| > increase will result in a       |                                   |
| > substantial reduction in        |                                   |
| > information collection          |                                   |
| > associated with the rule        |                                   |
| > overall. Some smaller           |                                   |
| > facilities will no longer have  |                                   |
| > to bear the costs of an SPCC    |                                   |
| > Plan. EPA will be better able   |                                   |
| > to focus its regulatory         |                                   |
| > oversight on facilities that    |                                   |
| > pose a greater likelihood of a  |                                   |
| > discharge as described in       |                                   |
| > §112.1(b), and a greater        |                                   |
| > potential for injury to the     |                                   |
| > environment if a discharge as   |                                   |
| > described in §112.1(b) results. |                                   |
| >                                 |                                   |
| > We raise the regulatory         |                                   |
| > threshold realizing that        |                                   |
| > discharges as described in      |                                   |
| > §112.1(b) from small facilities |                                   |
| > may be harmful, depending on    |                                   |
| > the surrounding environment.    |                                   |
| > Among the factors remaining to  |                                   |
| > mitigate any potential          |                                   |
| > disasters are that small        |                                   |
| > facilities no longer required   |                                   |
| > to have SPCC Plans are still    |                                   |
| > liable for cleanup costs and    |                                   |
| > damages from discharges as      |                                   |
| > described in §112.1(b). We      |                                   |
| > encourage those facilities      |                                   |
| > exempted from today's rule to   |                                   |
| > maintain SPCC Plans. Likewise,  |                                   |
| > we encourage facilities         |                                   |
| > becoming operable in the future |                                   |
| > with storage or use capacity    |                                   |
| > below the regulatory threshold  |                                   |
| > to develop Plans. We believe    |                                   |
| > that SPCC Plans have utility    |                                   |
| > and benefit for both the        |                                   |
| > facility and the environment.   |                                   |
| > But, we will no longer by       |                                   |
| > regulation require Plans from   |                                   |
| > exempted facilities.            |                                   |
| >                                 |                                   |
| > While we believe that the       |                                   |
| > Federal oil program is best     |                                   |
| > focused on larger risks, State, |                                   |
| > local, or tribal governments    |                                   |
| > may still decide that smaller   |                                   |
| > facilities warrant regulation   |                                   |
| > under their own authorities. In |                                   |
| > accord with this philosophy, we |                                   |
| > note that this Federal          |                                   |
| > exemption may not relieve all   |                                   |
| > exempted facilities from Plan   |                                   |
| > requirements because some       |                                   |
| > States, local, or tribal        |                                   |
| > governments may still require   |                                   |
| > such facilities to have Plans.  |                                   |
| > While we are aware that some    |                                   |
| > States, local, or tribal        |                                   |
| > governments have laws or        |                                   |
| > policies allowing them to set   |                                   |
| > requirements no more stringent  |                                   |
| > than Federal requirements, we   |                                   |
| > encourage States, local, or     |                                   |
| > tribal governments to maintain  |                                   |
| > or lower regulatory thresholds  |                                   |
| > to include facilities no longer |                                   |
| > covered by Federal rules where  |                                   |
| > their own laws or policies      |                                   |
| > allow. We believe that CWA      |                                   |
| > section 311(o) authorizes       |                                   |
| > States to establish their own   |                                   |
| > oil spill prevention programs   |                                   |
| > which can be more stringent     |                                   |
| > than EPA's program.             |                                   |
|                                   |                                   |
| 23. [Regulatory                   |                                   |
|     safeguard]{.underline}: When  |                                   |
|     a particular facility that is |                                   |
|     below today's threshold       |                                   |
|     becomes a hazard to the       |                                   |
|     environment because of its    |                                   |
|     practices, or when needed for |                                   |
|     other reasons to carry out    |                                   |
|     the Clean Water Act, the      |                                   |
|     Regional Administrator may,   |                                   |
|     under a new rule provision,   |                                   |
|     require that facility to      |                                   |
|     prepare and implement an SPCC |                                   |
|     Plan. See §112.1(f). This     |                                   |
|     provision acts as a safeguard |                                   |
|     to an environmental threat    |                                   |
|     from any exempted facility.   |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.1 General applicability. | Sec. 112.1 General applicability. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(d\) . . .                       | \[No direct counterpart in old    |
|                                   | rule.\]                           |
| **(3) Any offshore oil drilling,  |                                   |
| production, or workover facility  |                                   |
| that is subject to the notices    |                                   |
| and regulations of the Minerals   |                                   |
| Management Service, as specified  |                                   |
| in the Memorandum of              |                                   |
| Understanding between the         |                                   |
| Secretary of Transportation, the  |                                   |
| Secretary of the Interior, and    |                                   |
| the Administrator of EPA, dated   |                                   |
| November 8, 1993 (Appendix B of   |                                   |
| this part).**                     |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 24. [Background]{.underline}: We  |                                   |
|     believe that the Minerals     |                                   |
|     Management Service (MMS) will |                                   |
|     provide equivalent            |                                   |
|     environmental protection for  |                                   |
|     the facilities under its      |                                   |
|     jurisdiction. MMS regulations |                                   |
|     require adequate spill        |                                   |
|     prevention, control, and      |                                   |
|     countermeasures that are      |                                   |
|     directed more specifically to |                                   |
|     the facilities subject to MMS |                                   |
|     requirements.                 |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.1 General applicability. | Sec. 112.1 General applicability. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(d\) . . .                       | \[No direct counterpart in old    |
|                                   | rule.\]                           |
| **(4) Any completely buried       |                                   |
| storage tank, as defined in       |                                   |
| §112.2, and connected underground |                                   |
| piping, underground ancillary     |                                   |
| equipment, and containment        |                                   |
| systems, at any facility, that is |                                   |
| subject to all of the technical   |                                   |
| requirements of part 280 of this  |                                   |
| chapter or a State program        |                                   |
| approved under part 281 of this   |                                   |
| chapter, except that such a tank  |                                   |
| must be marked on the facility    |                                   |
| diagram as provided in            |                                   |
| §112.7(a)(3), if the facility is  |                                   |
| otherwise subject to this part.** |                                   |
|                                   |                                   |
| **(5) Any container with a        |                                   |
| storage capacity of less than 55  |                                   |
| gallons of oil.**                 |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 25. [Background                   |                                   |
|     (d)(4)]{.underline}: Section  |                                   |
|     112.1(d)(4) is a companion    |                                   |
|     paragraph to §112.1(d)(2)(i), |                                   |
|     for purposes of SPCC          |                                   |
|     exemption. As in              |                                   |
|     §112.1(d)(2)(i), we have also |                                   |
|     exempted connected            |                                   |
|     underground piping,           |                                   |
|     underground ancillary         |                                   |
|     equipment, and containment    |                                   |
|     systems subject to all of the |                                   |
|     technical requirements of     |                                   |
|     part 280 or a State program   |                                   |
|     approved under 40 CFR         |                                   |
|     part 281. We also added a     |                                   |
|     clause noting that these      |                                   |
|     exempted tanks must be marked |                                   |
|     on the facility diagram as    |                                   |
|     provided in §112.7(a)(3), if  |                                   |
|     the facility is otherwise     |                                   |
|     subject to this part.         |                                   |
|                                   |                                   |
| 26. [Background                   |                                   |
|     (d)(5)]{.underline}: Section  |                                   |
|     112.1(d)(5) is a new section  |                                   |
|     added in response to comments |                                   |
|     pertaining to the regulatory  |                                   |
|     threshold/minimum container   |                                   |
|     size issue discussed above.   |                                   |
|     This section clarifies that   |                                   |
|     any aboveground or completely |                                   |
|     buried container with         |                                   |
|     capacity of less than 55      |                                   |
|     gallons is not subject to the |                                   |
|     rule. It is a companion rule  |                                   |
|     to §112.1(d)(2)(ii), for      |                                   |
|     purposes of SPCC exemption.   |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.1 General applicability. | Sec. 112.1 General applicability. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(d\) . . .                       | \[No direct counterpart in old    |
|                                   | rule.\]                           |
| **(6) Any facility or part        |                                   |
| thereof used exclusively for      |                                   |
| wastewater treatment and not used |                                   |
| to satisfy any requirement of     |                                   |
| this part. The production,        |                                   |
| recovery, or recycling of oil is  |                                   |
| not wastewater treatment for      |                                   |
| purposes of this paragraph.**     |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 27. [Applicability of             |                                   |
|     exemption]{.underline}: The   |                                   |
|     revised rule exempts certain  |                                   |
|     wastewater treatment          |                                   |
|     facilities or parts thereof,  |                                   |
|     if used exclusively for       |                                   |
|     wastewater treatment and not  |                                   |
|     used to meet any other        |                                   |
|     requirement of part 112. No   |                                   |
|     longer subject to the rule    |                                   |
|     would be wastewater treatment |                                   |
|     facilities or parts thereof   |                                   |
|     such as treatment systems at  |                                   |
|     POTWs and industrial          |                                   |
|     facilities treating oily      |                                   |
|     wastewater.                   |                                   |
|                                   |                                   |
| > Many of these wastewater        |                                   |
| > treatment facilities or parts   |                                   |
| > thereof are subject to NPDES or |                                   |
| > state-equivalent permitting     |                                   |
| > requirements that involve       |                                   |
| > operating and maintaining the   |                                   |
| > facility to prevent discharges. |                                   |
| > 40 CFR 122.41(e). The NPDES or  |                                   |
| > state-equivalent process        |                                   |
| > ensures review and approval of  |                                   |
| > the facility's: plans and       |                                   |
| > specifications;                 |                                   |
| > operation/maintenance manuals   |                                   |
| > and procedures; and, Stormwater |                                   |
| > Pollution Prevention Plans,     |                                   |
| > which may include Best          |                                   |
| > Management Practice Plans       |                                   |
| > (BMP).                          |                                   |
| >                                 |                                   |
| > Many affected facilities are    |                                   |
| > subject to a BMP prepared under |                                   |
| > an NPDES permit. Some of those  |                                   |
| > plans provide protections       |                                   |
| > equivalent to SPCC Plans. BMPs  |                                   |
| > are additional conditions which |                                   |
| > may supplement effluent         |                                   |
| > limitations in NPDES permits.   |                                   |
| > Under section 402(a)(1) of the  |                                   |
| > CWA, BMPs may be imposed when   |                                   |
| > the Administrator determines    |                                   |
| > that such conditions are        |                                   |
| > necessary to carry out the      |                                   |
| > provisions of the Act. See 40   |                                   |
| > CFR 122.44(k). CWA section      |                                   |
| > 304(e) authorizes EPA to        |                                   |
| > promulgate BMPs as effluent     |                                   |
| > limitations guidelines. NPDES   |                                   |
| > rules provide for BMPs when:    |                                   |
| > authorized under section 304(e) |                                   |
| > of the CWA for the control of   |                                   |
| > toxic pollutants and hazardous  |                                   |
| > substances; numeric limitations |                                   |
| > are infeasible; or, the         |                                   |
| > practices are reasonably        |                                   |
| > necessary to achieve effluent   |                                   |
| > limitations and standards to    |                                   |
| > carry out the purposes of the   |                                   |
| > CWA. In addition, each NPDES or |                                   |
| > state equivalent permit for a   |                                   |
| > wastewater treatment system     |                                   |
| > must contain operation and      |                                   |
| > maintenance requirements to     |                                   |
| > reduce the risk of discharges.  |                                   |
| > 40 CFR 122.41(e).               |                                   |
| >                                 |                                   |
| > Additionally, some wastewater   |                                   |
| > is pretreated prior to          |                                   |
| > discharge to a permitted        |                                   |
| > wastewater treatment facility.  |                                   |
| > The CWA authorizes EPA to       |                                   |
| > establish pretreatment          |                                   |
| > standards for pollutants that   |                                   |
| > pass through or interfere with  |                                   |
| > the operation of POTWs. The     |                                   |
| > General Pretreatment            |                                   |
| > Regulations (GPR), which set    |                                   |
| > for the framework for the       |                                   |
| > implementation of categorical   |                                   |
| > pretreatment standards, are     |                                   |
| > found at 40 CFR part 403. The   |                                   |
| > GPR prohibit a user from        |                                   |
| > introducing a pollutant into a  |                                   |
| > POTW which causes pass through  |                                   |
| > or interference. 40 CFR         |                                   |
| > 403.5(a)(1). More specifically, |                                   |
| > the GPR also prohibit the       |                                   |
| > introduction into of POTW of    |                                   |
| > "petroleum, oil,                |                                   |
| > nonbiodegradable cutting oil,   |                                   |
| > or products of mineral oil      |                                   |
| > origin in amounts that will     |                                   |
| > cause interference or pass      |                                   |
| > through. 40 CFR 403.5(b)(6).    |                                   |
| > EPA believes that the GPR and   |                                   |
| > the more specific categorical   |                                   |
| > pretreatment standards, some of |                                   |
| > which allow indirect            |                                   |
| > dischargers to adopt a BMP as   |                                   |
| > an alternative way to meet      |                                   |
| > pretreatment standards, will    |                                   |
| > work to prevent the discharge   |                                   |
| > of oil from wastewater          |                                   |
| > treatment systems into          |                                   |
| > navigable waters or adjoining   |                                   |
| > shorelines by way of a POTW.    |                                   |
|                                   |                                   |
| 28. [Facilities not covered by    |                                   |
|     exemption]{.underline}:       |                                   |
|     However, if a wastewater      |                                   |
|     facility or part thereof is   |                                   |
|     used for the purpose of       |                                   |
|     storing oil, then there is no |                                   |
|     exemption, and its capacity   |                                   |
|     must be counted as part of    |                                   |
|     the storage capacity of the   |                                   |
|     facility. Any oil storage     |                                   |
|     capacity associated with or   |                                   |
|     incidental to these           |                                   |
|     wastewater treatment          |                                   |
|     facilities or parts thereof   |                                   |
|     continues to be subject to    |                                   |
|     part 112. At permitted        |                                   |
|     wastewater treatment          |                                   |
|     facilities, storage capacity  |                                   |
|     includes bulk storage         |                                   |
|     containers, hydraulic         |                                   |
|     equipment associated with the |                                   |
|     treatment process, containers |                                   |
|     used to store oil which feed  |                                   |
|     an emergency generator        |                                   |
|     associated with wastewater    |                                   |
|     treatment, and slop tanks or  |                                   |
|     other containers used to      |                                   |
|     store oil resulting from      |                                   |
|     treatment. Some flow through  |                                   |
|     treatment such as oil/water   |                                   |
|     separators have a storage     |                                   |
|     capacity within the treatment |                                   |
|     unit itself. This storage     |                                   |
|     capacity is subject to the    |                                   |
|     rule. An example of a         |                                   |
|     wastewater treatment unit     |                                   |
|     that functions as storage is  |                                   |
|     a treatment unit that         |                                   |
|     accumulates oil and performs  |                                   |
|     no further treatment, such as |                                   |
|     a bulk storage container used |                                   |
|     to separate oil and water     |                                   |
|     mixtures, in which oil is     |                                   |
|     stored in the container after |                                   |
|     removal of the water in the   |                                   |
|     separation/treatment process. |                                   |
|                                   |                                   |
| > We do not consider wastewater   |                                   |
| > treatment facilities or parts   |                                   |
| > thereof at an oil production,   |                                   |
| > oil recovery, or oil recycling  |                                   |
| > facility to be wastewater       |                                   |
| > treatment for purposes of this  |                                   |
| > paragraph. These facilities     |                                   |
| > generally lack NPDES or         |                                   |
| > state-equivalent permits and    |                                   |
| > thus lack the protections that  |                                   |
| > such permits provide.           |                                   |
| > Production facilities are       |                                   |
| > normally unmanned and therefore |                                   |
| > lack constant human oversight   |                                   |
| > and inspection. Produced water  |                                   |
| > generated by the production     |                                   |
| > process normally contains       |                                   |
| > saline water as a contaminant   |                                   |
| > in the oil, which might         |                                   |
| > aggravate environmental         |                                   |
| > conditions in addition to the   |                                   |
| > toxicity of the oil in the case |                                   |
| > of a discharge.                 |                                   |
| >                                 |                                   |
| > Additionally, the goal of an    |                                   |
| > oil production, oil recovery,   |                                   |
| > or oil recycling facility is to |                                   |
| > maximize the production or      |                                   |
| > recovery of oil, while          |                                   |
| > eliminating impurities in the   |                                   |
| > oil, including water, whereas   |                                   |
| > the goal of a wastewater        |                                   |
| > treatment facility is to purify |                                   |
| > water. Neither an oil           |                                   |
| > production facility, nor an oil |                                   |
| > recovery or oil recycling       |                                   |
| > facility treats water, instead  |                                   |
| > they treat oil. For purposes of |                                   |
| > this exemption, produced water  |                                   |
| > is not considered wastewater    |                                   |
| > and treatment of produced water |                                   |
| > is not considered wastewater    |                                   |
| > treatment. Therefore, a         |                                   |
| > facility which stores, treats,  |                                   |
| > or otherwise uses produced      |                                   |
| > water remains subject to the    |                                   |
| > rule. At oil drilling, oil      |                                   |
| > production, oil recycling, or   |                                   |
| > oil recovery facilities,        |                                   |
| > treatment units subject to the  |                                   |
| > rule include open oil pits or   |                                   |
| > ponds associated with oil       |                                   |
| > production operations,          |                                   |
| > oil/water separators (gun       |                                   |
| > barrels), and heater/treater    |                                   |
| > units. Open oil pits or ponds   |                                   |
| > function as another form of     |                                   |
| > bulk storage container and are  |                                   |
| > not used for wastewater         |                                   |
| > treatment. Open oil pits or     |                                   |
| > ponds also pose numerous        |                                   |
| > environmental risks to birds    |                                   |
| > and other wildlife.             |                                   |
| >                                 |                                   |
| > Examples of wastewater          |                                   |
| > treatment facilities or parts   |                                   |
| > thereof used to meet a part 112 |                                   |
| > requirement include an          |                                   |
| > oil/water separator used to     |                                   |
| > meet any SPCC requirement.      |                                   |
| > Oil/water separators used to    |                                   |
| > meet SPCC requirements include  |                                   |
| > oil/water separators used as    |                                   |
| > general facility secondary      |                                   |
| > containment (i.e., §112.7(c),   |                                   |
| > secondary containment           |                                   |
| > requirements for loading and    |                                   |
| > unloading (i.e., §112.7(h)),    |                                   |
| > and for facility drainage       |                                   |
| > (i.e., §112.8(b) or §112.9(b)). |                                   |
| >                                 |                                   |
| > Whether a wastewater treatment  |                                   |
| > facility or part thereof is     |                                   |
| > used exclusively for wastewater |                                   |
| > treatment (i.e., not storage or |                                   |
| > other use of oil) or used to    |                                   |
| > satisfy a requirement of part   |                                   |
| > 112 will often be a facility    |                                   |
| > specific determination based on |                                   |
| > the activity associated with    |                                   |
| > the facility or part thereof.   |                                   |
| > Only the portion of the         |                                   |
| > facility (except at an oil      |                                   |
| > production, oil recovery, or    |                                   |
| > oil recycling facility) used    |                                   |
| > exclusively for wastewater      |                                   |
| > treatment and not used to meet  |                                   |
| > any part 112 requirement is     |                                   |
| > exempt from part 112. Storage   |                                   |
| > or use of oil at such a         |                                   |
| > facility will continue to be    |                                   |
| > subject to part 112.            |                                   |
|                                   |                                   |
| 29. [Discharges of oil in harmful |                                   |
|     quantities]{.underline}:      |                                   |
|     Although we exempt wastewater |                                   |
|     treatment facilities or parts |                                   |
|     thereof from the rule under   |                                   |
|     certain circumstances, a      |                                   |
|     mixture of wastewater and oil |                                   |
|     still is "oil" under the      |                                   |
|     statutory and regulatory      |                                   |
|     definition of the term (33    |                                   |
|     USC 1321(a)(1) and 40 CFR     |                                   |
|     110.2 and 112.2). Thus, while |                                   |
|     we are excluding from the     |                                   |
|     scope of the rule certain     |                                   |
|     wastewater treatment          |                                   |
|     facilities or parts thereof,  |                                   |
|     a discharge of wastewater     |                                   |
|     containing oil to navigable   |                                   |
|     waters or adjoining           |                                   |
|     shorelines in a "harmful      |                                   |
|     quantity" (40 CFR Part 110)   |                                   |
|     is prohibited. Thus, to avoid |                                   |
|     such discharges, we would     |                                   |
|     expect owners or operators to |                                   |
|     comply with the applicable    |                                   |
|     permitting requirements,      |                                   |
|     including best management     |                                   |
|     practices and operation and   |                                   |
|     maintenance provisions.       |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.1 General applicability. | Sec. 112.1 General applicability. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(e\) This part *establishes      | \(e\) This part provides for the  |
| requirements* for the preparation | preparation and implementation of |
| and implementation of Spill       | Spill Prevention Control and      |
| Prevention*,* Control*,* and      | Countermeasure Plans prepared in  |
| Countermeasure *(SPCC)* Plans.    | accordance with Sec. 112.7,       |
| SPCC *Plans are* designed to      | designed to complement existing   |
| complement existing laws,         | laws, regulations, rules,         |
| regulations, rules, standards,    | standards, policies and           |
| policies, and procedures          | procedures pertaining to safety   |
| pertaining to safety standards,   | standards, fire prevention and    |
| fire prevention, and pollution    | pollution prevention rules, so as |
| prevention rules. *The purpose of | to form a comprehensive balanced  |
| an SPCC Plan* *is to* form a      | Federal/State spill prevention    |
| *comprehensive* Federal/State     | program to minimize the potential |
| spill prevention program *that*   | for oil discharges. Compliance    |
| *minimizes the potential for*     | with this part does not in any    |
| *discharges*. *The SPCC Plan must | way relieve the owner or operator |
| address all relevant spill        | of an onshore or an offshore      |
| prevention, control, and          | facility from compliance with     |
| countermeasures necessary at the  | other Federal, State or local     |
| specific facility.* Compliance    | laws.                             |
| with this part does not in any    |                                   |
| way relieve the owner or operator | . . . . . . . . . . . . .         |
| of an onshore or an offshore      |                                   |
| facility from compliance with     |                                   |
| other Federal, State, or local    |                                   |
| laws.                             |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 30. [State rules]{.underline}:    |                                   |
|     Section 311(o)(2) of the CWA  |                                   |
|     specifically provides that    |                                   |
|     nothing in section 311 "shall |                                   |
|     be construed as preempting    |                                   |
|     any State or political        |                                   |
|     subdivision thereof from      |                                   |
|     imposing any requirements or  |                                   |
|     liability with respect to the |                                   |
|     discharge of oil\...." We are |                                   |
|     aware that Federal rules      |                                   |
|     often set the standard for    |                                   |
|     State rules, and at least set |                                   |
|     a floor for State rules.      |                                   |
|     Under CWA section 311(o)(2),  |                                   |
|     States are free to impose     |                                   |
|     more stringent standards      |                                   |
|     relating to prevention of oil |                                   |
|     discharges, or none at all.   |                                   |
|     EPA encourages States to set  |                                   |
|     up their own oil pollution    |                                   |
|     prevention programs because   |                                   |
|     we believe that oil pollution |                                   |
|     prevention efforts should be  |                                   |
|     a joint Federal-State effort. |                                   |
|                                   |                                   |
| 31. [Industry                     |                                   |
|     standards]{.underline}: Under |                                   |
|     this rule, a facility is      |                                   |
|     required to at least consider |                                   |
|     the use of all relevant       |                                   |
|     measures, including the use   |                                   |
|     of industry standards, as a   |                                   |
|     way to implement those        |                                   |
|     measures. The requirement     |                                   |
|     comes in the language of      |                                   |
|     revised §112.3(d)(1)(iii)     |                                   |
|     requiring the PE to attest    |                                   |
|     that "the Plan has been       |                                   |
|     prepared in accordance with   |                                   |
|     good engineering practice,    |                                   |
|     including consideration of    |                                   |
|     applicable industry           |                                   |
|     standards, and with the       |                                   |
|     requirements of this part." A |                                   |
|     facility should use industry  |                                   |
|     standards whenever possible   |                                   |
|     in preparing and implementing |                                   |
|     its SPCC Plan, and should     |                                   |
|     discuss their use in Plans.   |                                   |
|     While facility owners or      |                                   |
|     operators should look to      |                                   |
|     specific industry standards   |                                   |
|     as a guide for preparing SPCC |                                   |
|     Plans, we do not believe that |                                   |
|     incorporating specific        |                                   |
|     standards into this rule is   |                                   |
|     appropriate. Such             |                                   |
|     incorporation freezes         |                                   |
|     standards into rules, which   |                                   |
|     may swiftly become outdated   |                                   |
|     or obsolete.                  |                                   |
+-----------------------------------+-----------------------------------+

+----------------------------------+-----------------------------------+
| **Revised Rule**                 | **Old Rule**                      |
+----------------------------------+-----------------------------------+
| Sec. 112.1 General               | Sec. 112.1 General applicability. |
| applicability.                   |                                   |
|                                  | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .        |                                   |
|                                  | \[No direct counterpart in old    |
| **(f) Notwithstanding paragraph  | rule.\]                           |
| (d) of this section, the         |                                   |
| Regional Administrator may       |                                   |
| require that the owner or        |                                   |
| operator of any facility subject |                                   |
| to the jurisdiction of EPA under |                                   |
| section 311(j) of the CWA        |                                   |
| prepare and implement an SPCC    |                                   |
| Plan, or any applicable part, to |                                   |
| carry out the purposes of the    |                                   |
| CWA.**                           |                                   |
|                                  |                                   |
| **(1) Following a preliminary    |                                   |
| determination, the Regional      |                                   |
| Administrator must provide a     |                                   |
| written notice to the owner or   |                                   |
| operator stating the reasons why |                                   |
| he must prepare an SPCC Plan, or |                                   |
| applicable part. The Regional    |                                   |
| Administrator must send such     |                                   |
| notice to the owner or operator  |                                   |
| by certified mail or by personal |                                   |
| delivery. If the owner or        |                                   |
| operator is a corporation, the   |                                   |
| Regional Administrator must also |                                   |
| mail a copy of such notice to    |                                   |
| the registered agent, if any and |                                   |
| if known, of the corporation in  |                                   |
| the State where the facility is  |                                   |
| located.**                       |                                   |
|                                  |                                   |
| **(2) Within 30 days of receipt  |                                   |
| of such written notice, the      |                                   |
| owner or operator may provide    |                                   |
| information and data and may     |                                   |
| consult with the Agency about    |                                   |
| the need to prepare an SPCC      |                                   |
| Plan, or applicable part.**      |                                   |
|                                  |                                   |
| **(3) Within 30 days following   |                                   |
| the time under paragraph (f)(2)  |                                   |
| of this section within which the |                                   |
| owner or operator may provide    |                                   |
| information and data and consult |                                   |
| with the Agency about the need   |                                   |
| to prepare an SPCC Plan, or      |                                   |
| applicable part, the Regional    |                                   |
| Administrator must make a final  |                                   |
| determination regarding whether  |                                   |
| the owner or operator is         |                                   |
| required to prepare and          |                                   |
| implement an SPCC Plan, or       |                                   |
| applicable part. The Regional    |                                   |
| Administrator must send the      |                                   |
| final determination to the owner |                                   |
| or operator by certified mail or |                                   |
| by personal delivery. If the     |                                   |
| owner or operator is a           |                                   |
| corporation, the Regional        |                                   |
| Administrator must also mail a   |                                   |
| copy of the final determination  |                                   |
| to the registered agent, if any  |                                   |
| and if known, of the corporation |                                   |
| in the State where the facility  |                                   |
| is located.**                    |                                   |
|                                  |                                   |
| **(4) If the Regional            |                                   |
| Administrator makes a final      |                                   |
| determination that an SPCC Plan, |                                   |
| or applicable part, is           |                                   |
| necessary, the owner or operator |                                   |
| must prepare the Plan, or        |                                   |
| applicable part, within six      |                                   |
| months of that final             |                                   |
| determination and implement the  |                                   |
| Plan, or applicable part, as     |                                   |
| soon as possible, but not later  |                                   |
| than one year after the Regional |                                   |
| Administrator has made a final   |                                   |
| determination.**                 |                                   |
|                                  |                                   |
| **(5) The owner or operator may  |                                   |
| appeal a final determination     |                                   |
| made by the Regional             |                                   |
| Administrator requiring          |                                   |
| preparation and implementation   |                                   |
| of an SPCC Plan, or applicable   |                                   |
| part, under this paragraph. The  |                                   |
| owner or operator must make the  |                                   |
| appeal to the Administrator of   |                                   |
| EPA within 30 days of receipt of |                                   |
| the final determination under    |                                   |
| paragraph (f)(3) of this section |                                   |
| from the Regional Administrator  |                                   |
| requiring preparation and/or     |                                   |
| implementation of an SPCC Plan,  |                                   |
| or applicable part. The owner or |                                   |
| operator must send a complete    |                                   |
| copy of the appeal to the        |                                   |
| Regional Administrator at the    |                                   |
| time he makes the appeal to the  |                                   |
| Administrator. The appeal must   |                                   |
| contain a clear and concise      |                                   |
| statement of the issues and      |                                   |
| points of fact in the case. In   |                                   |
| the appeal, the owner or         |                                   |
| operator may also provide        |                                   |
| additional information. The      |                                   |
| additional information may be    |                                   |
| from any person. The             |                                   |
| Administrator may request        |                                   |
| additional information from the  |                                   |
| owner or operator. The           |                                   |
| Administrator must render a      |                                   |
| decision within 60 days of       |                                   |
| receiving the appeal or          |                                   |
| additional information submitted |                                   |
| by the owner or operator and     |                                   |
| must serve the owner or operator |                                   |
| with the decision made in the    |                                   |
| appeal in the manner described   |                                   |
| in paragraph (f)(1) of this      |                                   |
| section.**                       |                                   |
+----------------------------------+-----------------------------------+
| **Notes**                        |                                   |
|                                  |                                   |
| 32. [Background]{.underline}:    |                                   |
|     This is a new section that   |                                   |
|     allows the Regional          |                                   |
|     Administrators (RAs) to      |                                   |
|     require preparation of an    |                                   |
|     entire SPCC Plan, or         |                                   |
|     applicable part, by the      |                                   |
|     owner or operator of an      |                                   |
|     otherwise exempted facility, |                                   |
|     that is subject to the       |                                   |
|     jurisdiction of EPA under    |                                   |
|     section 311(j) of the CWA.   |                                   |
|     The proposal stems from the  |                                   |
|     1988 Interagency SPCC Task   |                                   |
|     Force and subsequent GAO     |                                   |
|     report, "Inland Oil Spills"  |                                   |
|     (GAO/RCED-89-65).            |                                   |
|                                  |                                   |
| 33. [Authority]{.underline}: EPA |                                   |
|     believes that it has         |                                   |
|     adequate authority under     |                                   |
|     section 311 of the CWA to    |                                   |
|     require any facility within  |                                   |
|     its jurisdiction to prepare  |                                   |
|     a Plan that could because of |                                   |
|     its location, cause a        |                                   |
|     discharge as described in    |                                   |
|     §112.1(b). This authority is |                                   |
|     broad enough to encompass    |                                   |
|     the storage or use capacity  |                                   |
|     of any exempted facility     |                                   |
|     within EPA's jurisdiction,   |                                   |
|     regardless of size.          |                                   |
|                                  |                                   |
| 34. [Standard to use             |                                   |
|     authority]{.underline}: RAs  |                                   |
|     may invoke this section to   |                                   |
|     carry out the purposes of    |                                   |
|     the Act on a case-specific   |                                   |
|     basis when it is needed to   |                                   |
|     prevent a discharge as       |                                   |
|     described in §112.1(b), and  |                                   |
|     thus protect the             |                                   |
|     environment. While we expect |                                   |
|     to use this section          |                                   |
|     sparingly, it is necessary   |                                   |
|     to address gaps in other     |                                   |
|     regulatory regimes that      |                                   |
|     might best be remedied by    |                                   |
|     requiring a facility to have |                                   |
|     an SPCC Plan. Factors the    |                                   |
|     RAs may consider in making a |                                   |
|     determination that a         |                                   |
|     facility needs an SPCC Plan  |                                   |
|     include, but are not limited |                                   |
|     to, the physical             |                                   |
|     characteristics of the       |                                   |
|     facility, the presence of    |                                   |
|     secondary containment, the   |                                   |
|     discharge history of the     |                                   |
|     facility, and the proximity  |                                   |
|     of the facility to sensitive |                                   |
|     environmental areas such as  |                                   |
|     wetlands, parks, or wildlife |                                   |
|     refuges. An example of the   |                                   |
|     use of this section might be |                                   |
|     when a facility is exempted  |                                   |
|     from SPCC rules because its  |                                   |
|     storage capacity is below    |                                   |
|     the regulatory threshold,    |                                   |
|     but the facility has been    |                                   |
|     the cause of repeated        |                                   |
|     discharges as described in   |                                   |
|     §112.1(b). The RA might      |                                   |
|     require an entire Plan, or   |                                   |
|     might only require a partial |                                   |
|     Plan addressing secondary    |                                   |
|     containment, for example, to |                                   |
|     prevent future discharges as |                                   |
|     described in §112.1(b).      |                                   |
|                                  |                                   |
| 35. [Partial Plans]{.underline}: |                                   |
|     We clarify that the RA may   |                                   |
|     require partial Plans to     |                                   |
|     cover situations where the   |                                   |
|     preparation of only a        |                                   |
|     partial Plan may be          |                                   |
|     necessary, such as to        |                                   |
|     supplement an existing       |                                   |
|     document other than a Plan   |                                   |
|     or to address a particular   |                                   |
|     environmental threat. The    |                                   |
|     decision to require a Plan   |                                   |
|     (or partial Plan) could be   |                                   |
|     based on the presence of     |                                   |
|     environmental concerns not   |                                   |
|     adequately addressed under   |                                   |
|     UST or NPDES regulations, or |                                   |
|     due to other relevant        |                                   |
|     environmental factors. The   |                                   |
|     section may be invoked when  |                                   |
|     the RA determines it is      |                                   |
|     necessary to "carry out the  |                                   |
|     purposes of the Act." The    |                                   |
|     decision to require a        |                                   |
|     partial Plan is separate     |                                   |
|     from a decision to require   |                                   |
|     an amendment to a Plan. In   |                                   |
|     one case, the assumption is  |                                   |
|     that a Plan doesn't exist;   |                                   |
|     in the other, that an        |                                   |
|     existing Plan needs          |                                   |
|     amendment.                   |                                   |
|                                  |                                   |
| 36. [Response Plan]{.underline}: |                                   |
|     Section 112.1(f) applies     |                                   |
|     only to the total or partial |                                   |
|     preparation of an SPCC Plan. |                                   |
|     It does not authorize the    |                                   |
|     Regional Administrator to    |                                   |
|     require an owner or operator |                                   |
|     to prepare a facility        |                                   |
|     response plan. We have       |                                   |
|     withdrawn a proposal (see    |                                   |
|     1993 proposed §112.7(d)(1))  |                                   |
|     which would have required an |                                   |
|     owner or operator to prepare |                                   |
|     a response plan when the     |                                   |
|     SPCC facility lacked         |                                   |
|     secondary containment.       |                                   |
|     Therefore, most facilities   |                                   |
|     will incur no response       |                                   |
|     planning costs. Instead, if  |                                   |
|     the facility lacks secondary |                                   |
|     containment, the owner or    |                                   |
|     operator must prepare a      |                                   |
|     contingency plan following   |                                   |
|     the provisions of 40 CFR     |                                   |
|     part 109, and otherwise      |                                   |
|     comply with §112.7(d). As a  |                                   |
|     result, requirements to      |                                   |
|     prepare a facility response  |                                   |
|     plan are contained solely in |                                   |
|     §112.20, and not §112.1(f).  |                                   |
|                                  |                                   |
| 37. [Appeals                     |                                   |
|     process]{.underline}: An     |                                   |
|     appeals process is           |                                   |
|     appropriate for this         |                                   |
|     section. Therefore we have   |                                   |
|     added a new paragraph (f)(5) |                                   |
|     to include such a process,   |                                   |
|     and have provided time       |                                   |
|     frames for the process. The  |                                   |
|     appeals process is modeled   |                                   |
|     upon current §112.4(f).      |                                   |
+----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Section 112.2]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| For the purposes of this part :   | For the purposes of this part:    |
|                                   |                                   |
| [Adverse weather]{.underline}     | [Adverse weather]{.underline}     |
| means weather conditions that     | means the weather conditions that |
| make it difficult for response    | make it difficult for response    |
| equipment and personnel to clean  | equipment and personnel to        |
| up or remove spilled oil, and     | cleanup or remove spilled oil,    |
| that *must be* considered when    | and that will be considered when  |
| identifying response systems and  | identifying response systems and  |
| equipment in a response plan for  | equipment in a response plan for  |
| the applicable operating          | the applicable operating          |
| environment. Factors to consider  | environment. Factors to consider  |
| include significant wave height   | include significant wave height   |
| as specified in Appendix E to     | as specified in Appendix E to     |
| this part *(as appropriate)*, ice | this part, as appropriate, ice    |
| conditions, temperatures,         | conditions, temperatures,         |
| weather-related visibility, and   | weather-related visibility, and   |
| currents within the area in which | currents within the area in which |
| the systems or equipment is       | the systems or equipment are      |
| intended to function.             | intended to function.             |
|                                   |                                   |
| **[Alteration]{.underline} means  | [Animal fat]{.underline} means a  |
| any work on a container involving | non-petroleum oil, fat, or grease |
| cutting, burning, welding, or     | of animal, fish, or marine mammal |
| heating operations that changes   | origin.                           |
| the physical dimensions or        |                                   |
| configuration of the container.** | . . . . . . . . . . . . .         |
|                                   |                                   |
| [Animal fat]{.underline} means a  |                                   |
| non-petroleum oil, fat, or grease |                                   |
| of animal, fish, or marine mammal |                                   |
| origin.                           |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 38. [Alteration]{.underline}: We  |                                   |
|     originally proposed a         |                                   |
|     definition of "alteration" in |                                   |
|     1993, to ensure against       |                                   |
|     brittle fracture. Examples of |                                   |
|     alteration include the        |                                   |
|     addition of manways and       |                                   |
|     nozzles greater than 12-inch  |                                   |
|     nominal pipe size and an      |                                   |
|     increase or decrease in tank  |                                   |
|     shell height (58 FR 8843.).   |                                   |
|                                   |                                   |
| 39. [Related                      |                                   |
|     equipment]{.underline}: We    |                                   |
|     have not included the term    |                                   |
|     "or related equipment" in the |                                   |
|     definition of "alteration" to |                                   |
|     conform with API Standard     |                                   |
|     653, which does not include   |                                   |
|     alterations of related        |                                   |
|     equipment as a criterion for  |                                   |
|     brittle fracture evaluation.  |                                   |
|                                   |                                   |
| 40. [Industry                     |                                   |
|     Standards]{.underline}: An    |                                   |
|     industry standard that may be |                                   |
|     helpful in understanding the  |                                   |
|     definition of "alteration" is |                                   |
|     API Standard 653, "Tank       |                                   |
|     Inspection, Repair,           |                                   |
|     Alteration, and               |                                   |
|     Reconstruction."              |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| **[Breakout tank]{.underline}     | \[No direct counterpart in old    |
| means a container used to relieve | rule.\]                           |
| surges in an oil pipeline system  |                                   |
| or to receive and store oil       |                                   |
| transported by a pipeline for     |                                   |
| reinjection and continued         |                                   |
| transportation by pipeline.**     |                                   |
|                                   |                                   |
| **[Bulk storage                   |                                   |
| container]{.underline} means any  |                                   |
| container used to store oil.      |                                   |
| These containers are used for     |                                   |
| purposes including, but not       |                                   |
| limited to, the storage of oil    |                                   |
| prior to use, while being used,   |                                   |
| or prior to further distribution  |                                   |
| in commerce. Oil-filled           |                                   |
| electrical, operating, or         |                                   |
| manufacturing equipment is not a  |                                   |
| bulk storage container.**         |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 41. [Rationale for new            |                                   |
|     definitions]{.underline}: The |                                   |
|     definitions of "breakout      |                                   |
|     tank" and "bulk storage       |                                   |
|     container" are intended to    |                                   |
|     clarify the distinction       |                                   |
|     between facilities regulated  |                                   |
|     by DOT and EPA.               |                                   |
|                                   |                                   |
| 42. [Breakout tanks]{.underline}: |                                   |
|     Breakout tanks are used       |                                   |
|     mainly to compensate for      |                                   |
|     pressure surges or to control |                                   |
|     and maintain pressure through |                                   |
|     pipelines. They are also      |                                   |
|     sometimes used for bulk       |                                   |
|     storage. These tanks are      |                                   |
|     frequently in-line, and may   |                                   |
|     be regulated by EPA, DOT, or  |                                   |
|     both. When a breakout tank is |                                   |
|     used for both storage and for |                                   |
|     pipeline control, it becomes  |                                   |
|     in itself a "complex," and is |                                   |
|     regulated as such. See        |                                   |
|     §112.1(d)(1)(ii).             |                                   |
|                                   |                                   |
| > EPA has adopted a modified      |                                   |
| > version of the DOT definition   |                                   |
| > in 49 CFR 195.2, to promote     |                                   |
| > consistency in the DOT and EPA  |                                   |
| > definitions to aid the          |                                   |
| > regulators and regulated        |                                   |
| > community. We modified the DOT  |                                   |
| > definition by substituting the  |                                   |
| > word "oil" for "hazardous       |                                   |
| > liquid," because our rules      |                                   |
| > apply only to oil. We also use  |                                   |
| > in the definition the term      |                                   |
| > "container" rather than just    |                                   |
| > "tank" to cover any type of     |                                   |
| > container. This terminology is  |                                   |
| > consistent with other           |                                   |
| > terminology used in this rule.  |                                   |
| >                                 |                                   |
| > A breakout tank that is used    |                                   |
| > only to relieve surges in an    |                                   |
| > oil pipeline system or to       |                                   |
| > receive and store oil           |                                   |
| > transported by a pipeline for   |                                   |
| > reinjection and continued       |                                   |
| > transportation by pipeline is   |                                   |
| > subject only to DOT             |                                   |
| > jurisdiction. When that same    |                                   |
| > breakout tank is used for other |                                   |
| > purposes, such as a process     |                                   |
| > tank or as a bulk storage       |                                   |
| > container, it is no longer      |                                   |
| > solely within the definition of |                                   |
| > breakout tank, and may be       |                                   |
| > subject to EPA or other         |                                   |
| > jurisdiction with the new use.  |                                   |
| >                                 |                                   |
| > EPA and DOT signed a joint      |                                   |
| > memorandum dated February 4,    |                                   |
| > 2000, clarifying regulatory     |                                   |
| > jurisdiction on breakout tanks. |                                   |
| > That memorandum is available to |                                   |
| > the public upon request. It is  |                                   |
| > also available on our website   |                                   |
| > at                              |                                   |
| > [[http                          |                                   |
| ://www.epa.gov/oilspill]{.underli |                                   |
| ne}](http://www.epa.gov/oilspill) |                                   |
| > under the "What's New" section. |                                   |
|                                   |                                   |
| 43. [Bulk storage                 |                                   |
|     containers]{.underline}: The  |                                   |
|     rule refers to "container"    |                                   |
|     rather than "tank", because   |                                   |
|     "container" is more accurate. |                                   |
|     Many containers storing oil   |                                   |
|     are not tanks, but provide    |                                   |
|     bulk storage. A bulk storage  |                                   |
|     container may be either       |                                   |
|     aboveground, partially        |                                   |
|     buried, bunkered, or          |                                   |
|     completely buried. The        |                                   |
|     definition of "bulk storage   |                                   |
|     container" should not be      |                                   |
|     confused with the definitions |                                   |
|     of "container" used in        |                                   |
|     several fire codes. Sometimes |                                   |
|     those codes limit a container |                                   |
|     to one below a certain size.  |                                   |
|     See for example, the BOCA     |                                   |
|     National Fire Prevention      |                                   |
|     Code, section F-2302.1 (1999) |                                   |
|     and NFPA 30 section 1-6       |                                   |
|     (1996). The definition        |                                   |
|     adopted in today's rule is    |                                   |
|     broader than the definitions  |                                   |
|     in the codes in that it is    |                                   |
|     not limited to a particular   |                                   |
|     amount of storage capacity.   |                                   |
|                                   |                                   |
| 44. [Electrical                   |                                   |
|     Equipment]{.underline}:       |                                   |
|     Electrical equipment is not   |                                   |
|     bulk storage. See the above   |                                   |
|     discussion on the             |                                   |
|     applicability of the rule to  |                                   |
|     electrical and other          |                                   |
|     operating equipment under     |                                   |
|     §112.1(b). See also the       |                                   |
|     definition of "bulk storage   |                                   |
|     container" in §112.2. For a   |                                   |
|     discussion of minimum size    |                                   |
|     containers to which the rule  |                                   |
|     applies, see the discussion   |                                   |
|     under §112.1(d)(2)(ii).       |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| **[Bunkered tank]{.underline}     | \[No direct counterpart in old    |
| means a container constructed or  | rule.\]                           |
| placed in the ground by cutting   |                                   |
| the earth and re-covering the     |                                   |
| container in a manner that breaks |                                   |
| the surrounding natural grade, or |                                   |
| that lies above grade, and is     |                                   |
| covered with earth, sand, gravel, |                                   |
| asphalt, or other material. A     |                                   |
| bunkered tank is considered an    |                                   |
| aboveground storage container for |                                   |
| purposes of this part.**          |                                   |
|                                   |                                   |
| **[Completely buried              |                                   |
| tank]{.underline} means any       |                                   |
| container completely below grade  |                                   |
| and covered with earth, sand,     |                                   |
| gravel, asphalt, or other         |                                   |
| material. Containers in vaults,   |                                   |
| bunkered tanks, or partially      |                                   |
| buried tanks are considered       |                                   |
| aboveground storage containers    |                                   |
| for purposes of this part.**      |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 45. [Bunkered tank]{.underline}:  |                                   |
|     This definition clarifies     |                                   |
|     that bunkered tanks are a     |                                   |
|     subset of partially buried    |                                   |
|     tanks, and as such, subject   |                                   |
|     to part 112 as aboveground    |                                   |
|     tanks.                        |                                   |
|                                   |                                   |
| 46. [Completely buried            |                                   |
|     tank]{.underline}: In 1991,   |                                   |
|     we proposed adding a          |                                   |
|     definition for "underground   |                                   |
|     storage tank." It differed    |                                   |
|     from the Underground Storage  |                                   |
|     Tank (UST) program definition |                                   |
|     in 40 CFR part 280 because it |                                   |
|     excluded tanks which are      |                                   |
|     partially buried or bunkered, |                                   |
|     as well as some other tanks   |                                   |
|     or containers included within |                                   |
|     the part 280 definition, such |                                   |
|     as containers storing certain |                                   |
|     hazardous substances.         |                                   |
|     Partially buried and bunkered |                                   |
|     tanks still have a potential  |                                   |
|     to discharge oil into         |                                   |
|     navigable waters, adjoining   |                                   |
|     shorelines, or affecting      |                                   |
|     natural resources. Therefore, |                                   |
|     we proposed to retain those   |                                   |
|     tanks within our regulatory   |                                   |
|     jurisdiction, while we        |                                   |
|     proposed to exclude all       |                                   |
|     completely buried tanks       |                                   |
|     storing petroleum that are    |                                   |
|     subject to all of the         |                                   |
|     technical requirements of the |                                   |
|     UST program (40 CFR part 280  |                                   |
|     or a State program approved   |                                   |
|     under 40 CFR part 281).       |                                   |
|                                   |                                   |
| 47. [Consistency with the         |                                   |
|     definition of underground     |                                   |
|     tanks in 4 CFR part           |                                   |
|     280]{.underline}: The scope   |                                   |
|     of the part 112 exclusion for |                                   |
|     underground tanks is not      |                                   |
|     consistent with the scope of  |                                   |
|     the definition of             |                                   |
|     "underground storage tank" in |                                   |
|     part 280. The programs are    |                                   |
|     designed for different        |                                   |
|     purposes and, therefore, the  |                                   |
|     definitions used will         |                                   |
|     necessarily differ. To        |                                   |
|     eliminate confusion with the  |                                   |
|     part 280 definition, we use   |                                   |
|     the term "completely buried   |                                   |
|     tank" instead of "underground |                                   |
|     storage tank".                |                                   |
|                                   |                                   |
| > Part 280 includes within its    |                                   |
| > UST definition tanks that have  |                                   |
| > a volume up to 90 percent above |                                   |
| > the surface of the ground,      |                                   |
| > which are considered            |                                   |
| > aboveground tanks for part 112  |                                   |
| > purposes. Part 280 also         |                                   |
| > regulates underground storage   |                                   |
| > tanks containing hazardous      |                                   |
| > substances, while the SPCC      |                                   |
| > program regulates only          |                                   |
| > facilities storing or using oil |                                   |
| > as defined in CWA section 311.  |                                   |
| > The SPCC program regulates      |                                   |
| > facilities with relatively      |                                   |
| > large completely buried storage |                                   |
| > capacity, while the bulk of     |                                   |
| > facilities regulated under part |                                   |
| > 280 are small capacity          |                                   |
| > facilities such as gasoline     |                                   |
| > filling stations. The SPCC      |                                   |
| > program also regulates other    |                                   |
| > types of containers and         |                                   |
| > facilities which part 280       |                                   |
| > excludes, such as: tanks used   |                                   |
| > for storing heating oil for     |                                   |
| > consumptive use on the premises |                                   |
| > where stored; certain pipeline  |                                   |
| > complexes where oil is stored;  |                                   |
| > and, oil-water separators.      |                                   |
|                                   |                                   |
| 48. [Vaulted tanks]{.underline}:  |                                   |
|     Aboveground vaulted tanks are |                                   |
|     clearly ASTs. While           |                                   |
|     subterranean vaulted tanks    |                                   |
|     may be completely below       |                                   |
|     grade, they may not be        |                                   |
|     completely covered with       |                                   |
|     earth. Because of their       |                                   |
|     design, they pose a threat of |                                   |
|     discharge into the            |                                   |
|     environment, and are thus     |                                   |
|     excluded from our definition  |                                   |
|     of completely buried tank.    |                                   |
|     Subterranean vaulted tanks    |                                   |
|     are also excluded from the    |                                   |
|     part 280 UST definition of    |                                   |
|     underground tank if the       |                                   |
|     storage tank is situated upon |                                   |
|     or above the surface of the   |                                   |
|     floor in an underground are   |                                   |
|     providing enough space for    |                                   |
|     physical inspection of the    |                                   |
|     exterior of the tank.         |                                   |
|     Therefore, if subterranean    |                                   |
|     tanks were excluded from our  |                                   |
|     definition of completely      |                                   |
|     buried tank, they would       |                                   |
|     likely not be regulated at    |                                   |
|     all, and thereby be likely to |                                   |
|     pose a greater threat to the  |                                   |
|     environment.                  |                                   |
|                                   |                                   |
| 49. [Other completely buried      |                                   |
|     tanks excluded from the part  |                                   |
|     280 UST                       |                                   |
|     definition]{.underline}:      |                                   |
|     Tanks in underground rooms or |                                   |
|     above the floor surface, or   |                                   |
|     in other underground areas    |                                   |
|     such as basements, cellars,   |                                   |
|     mine workings, drifts,        |                                   |
|     shafts, or tunnels are also   |                                   |
|     not considered USTs for       |                                   |
|     purposes of the part 280      |                                   |
|     definition. The purpose of    |                                   |
|     the part 112 definition is to |                                   |
|     clarify that these are tanks  |                                   |
|     that are technically          |                                   |
|     underground but that, in a    |                                   |
|     practical sense, are no       |                                   |
|     different from aboveground    |                                   |
|     tanks. They are situated so   |                                   |
|     that, to the same extent as   |                                   |
|     tanks aboveground, physical   |                                   |
|     inspection for leaks is       |                                   |
|     possible. Also, some of these |                                   |
|     tanks are designed such that  |                                   |
|     in case of a discharge, oil   |                                   |
|     would escape to navigable     |                                   |
|     waters or adjoining           |                                   |
|     shorelines, a result which    |                                   |
|     our program seeks to prevent. |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| [Complex]{.underline} means a     | [Complex]{.underline} means a     |
| facility possessing a combination | facility possessing a combination |
| of transportation-related and     | of transportation-related and     |
| non-transportation-related        | non-transportation-related        |
| components that is subject to the | components that is subject to the |
| jurisdiction of more than one     | jurisdiction of more than one     |
| Federal agency under section      | Federal agency under section      |
| 311(j) of the *CWA*.              | 311(j) of the Clean Water Act.    |
|                                   |                                   |
| **[Contiguous zone]{.underline}   | [Contract or other                |
| means the zone established by the | approved]{.underline} mean        |
| United States under Article 24 of |                                   |
| the Convention of the Territorial | \(1\) A written contractual       |
| Sea and Contiguous Zone, that is  | agreement with an oil spill       |
| contiguous to the territorial sea | removal organization(s) that      |
| and that extends nine miles       | identifies and ensures the        |
| seaward from the outer limit of   | availability of the necessary     |
| the territorial area.**           | personnel and equipment within    |
|                                   | appropriate response times;       |
| [Contract or other approved       | and/or                            |
| *means*]{.underline} *means*:     |                                   |
|                                   | \(2\) A written certification by  |
| \(1\) A written contractual       | the owner or operator that the    |
| agreement with an oil spill       | necessary personnel and equipment |
| removal *organization* that       | resources, owned or operated by   |
| identifies and ensures the        | the facility owner or operator,   |
| availability of the necessary     | are available to respond to a     |
| personnel and equipment within    | discharge within appropriate      |
| appropriate response times;       | response times; and/or            |
| and/or                            |                                   |
|                                   | \(3\) Active membership in a      |
| \(2\) A written certification by  | local or regional oil spill       |
| the owner or operator that the    | removal organization(s) that has  |
| necessary personnel and equipment | identified and ensures adequate   |
| resources, owned or operated by   | access through such membership to |
| the facility owner or operator,   | necessary personnel and equipment |
| are available to respond to a     | to respond to a discharge within  |
| discharge within appropriate      | appropriate response times in the |
| response times; and/or            | specified geographic areas;       |
|                                   | and/or                            |
| \(3\) Active membership in a      |                                   |
| local or regional oil spill       | \(4\) Other specific arrangements |
| removal *organization* that has   | approved by the Regional          |
| identified and ensures adequate   | Administrator upon request of the |
| access through such membership to | owner or operator.                |
| necessary personnel and equipment |                                   |
| to respond to a discharge within  | . . . . . . . . . . . . .         |
| appropriate response times in the |                                   |
| specified geographic area; and/or |                                   |
|                                   |                                   |
| \(4\) *Any* other specific        |                                   |
| arrangement approved by the       |                                   |
| Regional Administrator upon       |                                   |
| request of the owner or operator. |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 50. [Contiguous                   |                                   |
|     zone]{.underline}: The        |                                   |
|     revised rule refers to the    |                                   |
|     definition of "contiguous     |                                   |
|     zone" to conform with 1978    |                                   |
|     amendments to the CWA, and    |                                   |
|     the 1990 amendments to the    |                                   |
|     National Oil and Hazardous    |                                   |
|     Substances Pollution          |                                   |
|     Contingency Plan (NCP)        |                                   |
|     dealing with the scope of     |                                   |
|     discharges. The contiguous    |                                   |
|     zone is the area that extends |                                   |
|     nine miles seaward from the   |                                   |
|     outer limit of the            |                                   |
|     territorial sea. A            |                                   |
|     presidential proclamation of  |                                   |
|     December 17, 1988 (No. 5928,  |                                   |
|     54 FR 777, January 9, 1989)   |                                   |
|     extended the territorial seas |                                   |
|     of the United States to 12    |                                   |
|     nautical miles from the       |                                   |
|     baselines of the United       |                                   |
|     States as determined in       |                                   |
|     accordance with international |                                   |
|     law. However, the             |                                   |
|     proclamation provided that    |                                   |
|     nothing therein "extends or   |                                   |
|     otherwise alters existing     |                                   |
|     federal or state law or any   |                                   |
|     jurisdiction, rights, legal   |                                   |
|     interests, or obligations     |                                   |
|     derived therefrom\...."       |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| [Discharge]{.underline} includes, | [Discharge]{.underline} includes  |
| but is not limited to, any        | but is not limited to, any        |
| spilling, leaking, pumping,       | spilling, leaking, pumping,       |
| pouring, emitting, emptying, or   | pouring, emitting, emptying or    |
| dumping *of oil, but excludes     | dumping. For purposes of this     |
| discharges in compliance with a   | part, the term discharge shall    |
| permit under section 402 of the   | not include any discharge of oil  |
| CWA; discharges resulting from    | which is authorized by a permit   |
| circumstances identified,         | issued pursuant to section 13 of  |
| reviewed, and made a part of the  | the River and Harbor Act of 1899  |
| public record with respect to a   | (30 Stat. 1121, 33 U.S.C. 407),   |
| permit issued or modified under   | or sections 402 or 405 of the     |
| section 402 of the CWA, and       | FWPCA Amendments of 1972 (86      |
| subject to a condition in such    | Stat. 816 et seq., 33 U.S.C. 1251 |
| permit; or continuous or          | et seq.).                         |
| anticipated intermittent          |                                   |
| discharges from a point source,   | . . . . . . . . . . . . .         |
| identified in a permit or permit  |                                   |
| application under section 402 of  |                                   |
| the CWA, that are caused by       |                                   |
| events occurring within the scope |                                   |
| of relevant operating or          |                                   |
| treatment systems.* For purposes  |                                   |
| of this part, the term discharge  |                                   |
| shall not include any discharge   |                                   |
| of oil *that* is authorized by a  |                                   |
| permit issued *under* section 13  |                                   |
| of the River and Harbor Act of    |                                   |
| 1899 *(33 U.S.C. 407).*           |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 51. [Scope of                     |                                   |
|     definition]{.underline}: A    |                                   |
|     discharge includes, but is    |                                   |
|     not limited to, any           |                                   |
|     "spilling, leaking, pumping,  |                                   |
|     pouring, emitting, emptying,  |                                   |
|     or dumping," of oil. A        |                                   |
|     discharge as described in     |                                   |
|     §112.1(b) need not reach the  |                                   |
|     level of an imminent danger   |                                   |
|     to affected lands, waters, or |                                   |
|     resources to be a discharge.  |                                   |
|     It includes any spilling,     |                                   |
|     leaking, pumping, pouring,    |                                   |
|     emitting, emptying, or        |                                   |
|     dumping of any amount of oil  |                                   |
|     no matter where it occurs. It |                                   |
|     may not be a reportable       |                                   |
|     discharge under 40 CFR part   |                                   |
|     110 if oil never escapes the  |                                   |
|     secondary containment at the  |                                   |
|     facility and is promptly      |                                   |
|     cleaned up. If the discharge  |                                   |
|     escapes secondary             |                                   |
|     containment, it may become a  |                                   |
|     discharge as described in     |                                   |
|     §112.1(b), and if that        |                                   |
|     happens, the discharge must   |                                   |
|     then be reported to the       |                                   |
|     National Response Center.     |                                   |
|                                   |                                   |
| > Foreseeable or chronic point    |                                   |
| > source discharges that are      |                                   |
| > permitted under section 402 of  |                                   |
| > the CWA, and that are either    |                                   |
| > due to causes associated with   |                                   |
| > the manufacturing or other      |                                   |
| > commercial activities in which  |                                   |
| > the discharger is engaged or    |                                   |
| > due to the operation of the     |                                   |
| > treatment facilities required   |                                   |
| > by the NPDES permit, are to be  |                                   |
| > regulated under the NPDES       |                                   |
| > program. Other oil discharges   |                                   |
| > in reportable quantities are    |                                   |
| > subject to the requirements of  |                                   |
| > section 311 of the CWA. Such    |                                   |
| > spills or discharges are        |                                   |
| > governed by section 311 even    |                                   |
| > where the discharger holds a    |                                   |
| > valid and effective NPDES       |                                   |
| > permit under CWA section 402.   |                                   |
| > Therefore, a discharge of oil   |                                   |
| > to a publicly owned treatment   |                                   |
| > work (POTW) would not be a      |                                   |
| > discharge under the §112.2      |                                   |
| > definition if the discharge is  |                                   |
| > in compliance with the          |                                   |
| > provisions of the permit; or    |                                   |
| > resulted from a circumstance    |                                   |
| > identified and reviewed and     |                                   |
| > made a part of the public       |                                   |
| > record with respect to a permit |                                   |
| > issued or modified under        |                                   |
| > section 402; or if it were a    |                                   |
| > continuous or anticipated       |                                   |
| > intermittent discharge from a   |                                   |
| > point source, identified in a   |                                   |
| > permit or permit application    |                                   |
| > under section 402, which is     |                                   |
| > caused by events occurring      |                                   |
| > within the scope of relevant    |                                   |
| > operating or treatment systems. |                                   |
| > 33 U.S.C. 1321(a)(2); 40 CFR    |                                   |
| > 117.12. Otherwise, the          |                                   |
| > discharge is subject to the     |                                   |
| > provisions of section 311 of    |                                   |
| > the CWA as well as the          |                                   |
| > unpermitted discharge           |                                   |
| > prohibition of section 301(a)   |                                   |
| > of the CWA. 33 U.S.C. 1311(a).  |                                   |
|                                   |                                   |
| 52. [Editorial changes and        |                                   |
|     clarifications]{.underline}:  |                                   |
|     We revised the citation for   |                                   |
|     the River and Harbor Act of   |                                   |
|     1899 so that it refers only   |                                   |
|     to the U.S. Code, and have    |                                   |
|     deleted the reference to the  |                                   |
|     Statutes at Large.            |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| **[Facility]{.underline} means    | \[No direct counterpart in old    |
| any mobile or fixed, onshore or   | rule.\]                           |
| offshore building, structure,     |                                   |
| installation, equipment, pipe, or |                                   |
| pipeline (other than a vessel or  |                                   |
| a public vessel) used in oil well |                                   |
| drilling operations, oil          |                                   |
| production, oil refining, oil     |                                   |
| storage, oil gathering, oil       |                                   |
| processing, oil transfer, oil     |                                   |
| distribution, and waste           |                                   |
| treatment, or in which oil is     |                                   |
| used, as described in Appendix A  |                                   |
| to this part. The boundaries of a |                                   |
| facility depend on several        |                                   |
| site-specific factors, including, |                                   |
| but not limited to, the ownership |                                   |
| or operation of buildings,        |                                   |
| structures, and equipment on the  |                                   |
| same site and the types of        |                                   |
| activity at the site**.           |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 53. [Basis for                    |                                   |
|     definition]{.underline}: The  |                                   |
|     definition of "facility" is   |                                   |
|     based on the Memorandum of    |                                   |
|     Understanding (MOU) between   |                                   |
|     the Secretary of DOT and the  |                                   |
|     EPA Administrator, dated      |                                   |
|     November 24, 1971 (36 FR      |                                   |
|     24080). A discussion of the   |                                   |
|     types of facilities covered   |                                   |
|     is found in Appendix A to the |                                   |
|     rule.                         |                                   |
|                                   |                                   |
| 54. [Facility                     |                                   |
|     boundaries]{.underline}: A    |                                   |
|     facility includes any         |                                   |
|     building, structure,          |                                   |
|     installation, equipment, pipe |                                   |
|     or pipeline in oil well       |                                   |
|     drilling operations, oil      |                                   |
|     production, oil refining, oil |                                   |
|     storage, and waste treatment, |                                   |
|     or in which oil is used at a  |                                   |
|     site, whether it is mobile or |                                   |
|     fixed. It may also include    |                                   |
|     power rights of way connected |                                   |
|     to the facility. The extent   |                                   |
|     of the facility will vary     |                                   |
|     according to the              |                                   |
|     circumstances of the site. It |                                   |
|     may be as small as a single   |                                   |
|     container or as large as all  |                                   |
|     of the structures and         |                                   |
|     buildings on a site. Some     |                                   |
|     specific factors to use in    |                                   |
|     determining the extent of a   |                                   |
|     facility may be the ownership |                                   |
|     or operation of those         |                                   |
|     buildings, structures,        |                                   |
|     equipment, installations,     |                                   |
|     pipes or pipelines, or the    |                                   |
|     types of activities being     |                                   |
|     carried on at the facility.   |                                   |
|                                   |                                   |
| 55. [Electrical or operational    |                                   |
|     equipment]{.underline}:       |                                   |
|     Electrical equipment "using"  |                                   |
|     oil as opposed to "storing"   |                                   |
|     falls within the definition   |                                   |
|     of "facility" in part 112.    |                                   |
|     Section 311(j)(1)(C) of the   |                                   |
|     CWA, which authorizes EPA to  |                                   |
|     promulgate the SPCC rule,     |                                   |
|     does not distinguish between  |                                   |
|     the storage and the usage of  |                                   |
|     oil. The section simply       |                                   |
|     authorizes EPA, as delegated  |                                   |
|     by the President, to          |                                   |
|     establish "requirements to    |                                   |
|     prevent discharges of oil     |                                   |
|     \... from onshore and         |                                   |
|     offshore facilities, and to   |                                   |
|     contain such discharges\...." |                                   |
|     33 U.S.C. 1321(j)(1)(C). Nor  |                                   |
|     do the definitions of         |                                   |
|     "onshore facility" or         |                                   |
|     "offshore facility" in        |                                   |
|     sections 311(a)(10) of the    |                                   |
|     CWA distinguish between the   |                                   |
|     use or storage of oil.        |                                   |
|     Although the definition of    |                                   |
|     "facility" in section 1001(9) |                                   |
|     of the OPA is limited by the  |                                   |
|     "purpose" of the facility, no |                                   |
|     such limitation appears in    |                                   |
|     CWA section 311. Moreover,    |                                   |
|     EPA believes that although    |                                   |
|     much of the electrical        |                                   |
|     equipment may arguably "use"  |                                   |
|     oil, in effect the oil is     |                                   |
|     "stored" in the equipment     |                                   |
|     because it remains in the     |                                   |
|     equipment for such long time  |                                   |
|     frames. We added language to  |                                   |
|     the definition to clarify     |                                   |
|     that such types of equipment  |                                   |
|     are facilities subject to the |                                   |
|     SPCC rule whether they are    |                                   |
|     storing or using oil.         |                                   |
|     Therefore, we revised the     |                                   |
|     definition to include the     |                                   |
|     words "or in which oil is     |                                   |
|     used." However, we note that  |                                   |
|     a facility which contains     |                                   |
|     only electrical equipment is  |                                   |
|     not a bulk storage facility.  |                                   |
|                                   |                                   |
| 56. [Buried pipelines, gathering  |                                   |
|     lines, flowlines, waste       |                                   |
|     treatment                     |                                   |
|     equipment:]{.underline}       |                                   |
|     Buried pipelines that carry   |                                   |
|     oil at mining sites are part  |                                   |
|     of a facility unless they are |                                   |
|     permanently closed as defined |                                   |
|     in §112.2. Such pipelines may |                                   |
|     otherwise be the source of a  |                                   |
|     discharge as described in     |                                   |
|     §112.1(b). Likewise, the same |                                   |
|     rationale applies to          |                                   |
|     gathering lines and           |                                   |
|     flowlines, and waste          |                                   |
|     treatment equipment. Note     |                                   |
|     that any facility or part     |                                   |
|     thereof used exclusively for  |                                   |
|     wastewater treatment and not  |                                   |
|     to satisfy any part 112       |                                   |
|     requirement is exempted from  |                                   |
|     the rule. The production,     |                                   |
|     recovery, or recycling of oil |                                   |
|     is not considered wastewater  |                                   |
|     treatment for purposes of the |                                   |
|     rule. See §112.1(d)(6).       |                                   |
|                                   |                                   |
| > While gathering lines,          |                                   |
| > flowlines, and waste treatment  |                                   |
| > equipment are subject to        |                                   |
| > secondary containment           |                                   |
| > requirements, the appropriate   |                                   |
| > method of secondary containment |                                   |
| > is an engineering question.     |                                   |
| > Double-walled piping may be an  |                                   |
| > option, but is not required by  |                                   |
| > these rules. The owner or       |                                   |
| > operator and Professional       |                                   |
| > Engineer certifying the Plan    |                                   |
| > should consider whether         |                                   |
| > pursuant to good engineering    |                                   |
| > practice, double-walled piping  |                                   |
| > is the appropriate method of    |                                   |
| > secondary containment according |                                   |
| > to good engineering practice.   |                                   |
| > In determining whether to       |                                   |
| > install double-walled piping    |                                   |
| > versus an alternative method of |                                   |
| > secondary containment, you      |                                   |
| > could consider such factors as  |                                   |
| > the additional effectiveness of |                                   |
| > double-walled piping in         |                                   |
| > preventing discharges, the      |                                   |
| > technical aspects of            |                                   |
| > cathodically protecting any     |                                   |
| > buried double-walled piping     |                                   |
| > system, the cost of installing  |                                   |
| > double-walled pipe, and the     |                                   |
| > potential fire and safety       |                                   |
| > hazards of double-walled pipes. |                                   |
| > Earthen or natural structures   |                                   |
| > may be acceptable if they       |                                   |
| > contain and prevent discharges  |                                   |
| > as described in §112.1(b),      |                                   |
| > including containment that      |                                   |
| > prevents discharge of oil       |                                   |
| > through groundwater that might  |                                   |
| > cause a discharge as described  |                                   |
| > in §112.1(b). What is practical |                                   |
| > for one facility, however,      |                                   |
| > might not work for another.     |                                   |
|                                   |                                   |
| 57. [Mobile or fixed              |                                   |
|     facilities]{.underline}*:*    |                                   |
|     Either mobile or fixed        |                                   |
|     equipment might be the source |                                   |
|     of a discharge as described   |                                   |
|     in §112.1(b) and, therefore,  |                                   |
|     both are included within the  |                                   |
|     definition of "facility."     |                                   |
|     Section 112.3(c) of this rule |                                   |
|     already provides that it is   |                                   |
|     not necessary to amend a Plan |                                   |
|     each time a mobile facility   |                                   |
|     moves to a new site.          |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| [Fish and wildlife and sensitive  | [Fish and wildlife and sensitive  |
| environments]{.underline} means   | environments]{.underline} means   |
| areas that may be identified *by  | areas that may be identified by   |
| their* legal designation or by    | either their legal designation or |
| evaluations of Area Committees    | by evaluations of Area Committees |
| (for planning) or members of the  | (for planning) or members of the  |
| Federal On-Scene Coordinator's    | Federal On-Scene Coordinator's    |
| spill response structure (during  | spill response structure (during  |
| responses). These areas may       | responses). These areas may       |
| include wetlands, National and    | include wetlands, National and    |
| State parks, critical habitats    | State parks, critical habitats    |
| for endangered *or* threatened    | for endangered/ threatened        |
| species, wilderness and natural   | species, wilderness and natural   |
| resource areas, marine            | resource areas, marine            |
| sanctuaries and estuarine         | sanctuaries and estuarine         |
| reserves, conservation areas,     | reserves, conservation areas,     |
| preserves, wildlife areas,        | preserves, wildlife areas,        |
| wildlife refuges, wild and scenic | wildlife refuges, wild and scenic |
| rivers, recreational areas,       | rivers, recreational areas,       |
| national forests, Federal and     | national forests, Federal and     |
| State lands that are research     | State lands that are research     |
| national areas, heritage program  | national areas, heritage program  |
| areas, land trust areas, and      | areas, land trust areas, and      |
| historical and archaeological     | historical and archeological      |
| sites and parks. These areas may  | sites and parks. These areas may  |
| also include unique habitats such | also include unique habitats such |
| as aquaculture sites and          | as: aquaculture sites and         |
| agricultural surface water        | agricultural surface water        |
| intakes, bird nesting areas,      | intakes, bird nesting areas,      |
| critical biological resource      | critical biological resource      |
| areas, designated migratory       | areas, designated migratory       |
| routes, and designated seasonal   | routes, and designated seasonal   |
| habitats.                         | habitats.                         |
|                                   |                                   |
| [Injury]{.underline} means a      | [Injury]{.underline} means a      |
| measurable adverse change, either | measurable adverse change, either |
| long- or short-term, in the       | long- or short- term, in the      |
| chemical or physical quality or   | chemical or physical quality or   |
| the viability of a natural        | the viability of a natural        |
| resource resulting either         | resource resulting either         |
| directly or indirectly from       | directly or indirectly from       |
| exposure to a *discharge*, or     | exposure to a discharge of oil,   |
| exposure to a product of          | or exposure to a product of       |
| reactions resulting from a        | reactions resulting from a        |
| *discharge*.                      | discharge of oil.                 |
|                                   |                                   |
| [Maximum extent                   | [Maximum extent                   |
| practicable]{.underline} means    | practicable]{.underline} means    |
| *within* the limitations used to  | the limitations used to determine |
| determine oil spill planning      | oil spill planning resources and  |
| resources and response times for  | response times for on-water       |
| on-water recovery, shoreline      | recovery, shoreline protection,   |
| protection, and cleanup for worst | and cleanup for worst case        |
| case discharges from onshore      | discharges from onshore non-      |
| non-transportation-related        | transportation-related facilities |
| facilities in adverse weather. It | in adverse weather. It considers  |
| *includes* the planned capability | the planned capability to respond |
| to respond to a worst case        | to a worst case discharge in      |
| discharge in adverse weather, as  | adverse weather, as contained in  |
| contained in a response plan that | a response plan that meets the    |
| meets the requirements in         | requirements in Sec. 112.20 or in |
| *§*112.20 or in a specific plan   | a specific plan approved by the   |
| approved by the Regional          | Regional Administrator.           |
| Administrator.                    |                                   |
|                                   | The term [navigable               |
| *[Navigable waters]{.underline}   | waters]{.underline} of the United |
| means the waters of the United    | States means navigable waters as  |
| States, including the territorial | defined in section 502(7) of the  |
| seas.*                            | FWPCA, and includes:              |
|                                   |                                   |
| \(1\) *The term* includes:        | \(1\) All navigable waters of the |
|                                   | United States, as defined in      |
| \(i\) *All waters that are        | judicial decisions prior to       |
| currently used, were used in the  | passage of the 1972 Amendments to |
| past, or may be susceptible to    | the FWPCA (Pub. L. 92-500), and   |
| use in interstate or foreign      | tributaries of such waters;       |
| commerce, including all waters    |                                   |
| subject to the ebb and flow of    | \(2\) Interstate waters;          |
| the tide;*                        |                                   |
|                                   | \(3\) Intrastate lakes, rivers,   |
| \(ii\) *All interstate waters,    | and streams which are utilized by |
| including interstate wetlands;*   | interstate travelers for          |
|                                   | recreational or other purposes;   |
| \(iii\) *All other waters such as | and                               |
| intrastate lakes, rivers, streams |                                   |
| (including intermittent streams), | \(4\) Intrastate lakes, rivers,   |
| mudflats, sandflats, wetlands,    | and streams from which fish or    |
| sloughs, prairie potholes, wet    | shellfish are taken and sold in   |
| meadows, playa lakes, or natural  | interstate commerce. Navigable    |
| ponds, the use, degradation, or   | waters do not include prior       |
| destruction of which could affect | converted cropland.               |
| interstate or foreign commerce    | Notwithstanding the determination |
| including any such waters:*       | of an area's status as prior      |
|                                   | converted cropland by any other   |
| \(A\) *That are or could be used  | federal agency, for the purposes  |
| by interstate or foreign          | of the Clean Water Act, the final |
| travelers for recreational or     | authority regarding Clean Water   |
| other purposes; or*               | Act jurisdiction remains with     |
|                                   | EPA.                              |
| \(B\) *From which fish or         |                                   |
| shellfish are or could be taken   | . . . . . . . . . . . . .         |
| and sold in interstate or foreign |                                   |
| commerce; or,*                    |                                   |
|                                   |                                   |
| \(C\) *That are or could be used  |                                   |
| for industrial purposes by        |                                   |
| industries in interstate          |                                   |
| commerce;*                        |                                   |
|                                   |                                   |
| *(iv) All impoundments of waters  |                                   |
| otherwise defined as waters of    |                                   |
| the United States under this      |                                   |
| section;*                         |                                   |
|                                   |                                   |
| *(v) Tributaries of waters        |                                   |
| identified in paragraphs (1)(i)   |                                   |
| through (1)(iv) of this           |                                   |
| definition;*                      |                                   |
|                                   |                                   |
| *(vi) The territorial sea; and*   |                                   |
|                                   |                                   |
| *(vii) Wetlands adjacent to       |                                   |
| waters (other than waters that    |                                   |
| are themselves wetlands)          |                                   |
| identified in paragraphs (1)      |                                   |
| through (6) of this definition.*  |                                   |
|                                   |                                   |
| *(2) Waste treatment systems,     |                                   |
| including treatment ponds or      |                                   |
| lagoons designed to meet the      |                                   |
| requirements of the CWA (other    |                                   |
| than cooling ponds which also     |                                   |
| meet the criteria of this         |                                   |
| definition) are not waters of the |                                   |
| United States. Navigable waters   |                                   |
| do not include prior converted    |                                   |
| cropland.* Notwithstanding the    |                                   |
| determination of an area's status |                                   |
| as prior converted cropland by    |                                   |
| any other Federal agency, for the |                                   |
| purposes of the CWA, the final    |                                   |
| authority regarding CWA           |                                   |
| jurisdiction remains with EPA.    |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 58. [Rationale for revised        |                                   |
|     definition of "navigable      |                                   |
|     waters"]{.underline}: We      |                                   |
|     revised the definition of     |                                   |
|     "navigable waters" to have    |                                   |
|     the part 112 definition track |                                   |
|     the definition of "navigable  |                                   |
|     waters" in 40 CFR part 110,   |                                   |
|     which deals with the          |                                   |
|     discharge of oil.             |                                   |
|                                   |                                   |
| 59. [Clarification of the meaning |                                   |
|     of navigable waters,          |                                   |
|     maps]{.underline}: We clarify |                                   |
|     what we mean by navigable     |                                   |
|     waters by describing the      |                                   |
|     characteristics of navigable  |                                   |
|     waters and by listing         |                                   |
|     examples of navigable waters. |                                   |
|     We also note in the           |                                   |
|     definition that certain waste |                                   |
|     treatment systems are not     |                                   |
|     navigable waters. We are      |                                   |
|     unable to provide a map to    |                                   |
|     identify all navigable waters |                                   |
|     because not all such waters   |                                   |
|     have been identified on a     |                                   |
|     map. However, the rule        |                                   |
|     provides guidelines as to     |                                   |
|     where such waters may be      |                                   |
|     found.                        |                                   |
|                                   |                                   |
| 60. [Navigability, legal          |                                   |
|     authority]{.underline}:       |                                   |
|     Navigable waters are not only |                                   |
|     waters on which a craft may   |                                   |
|     be sailed. Navigable waters   |                                   |
|     include all waters with a     |                                   |
|     past, present, or possible    |                                   |
|     future use in interstate or   |                                   |
|     foreign commerce, including   |                                   |
|     all waters subject to the ebb |                                   |
|     and flow of the tide.         |                                   |
|     Navigable waters also include |                                   |
|     intrastate waters which could |                                   |
|     affect interstate or foreign  |                                   |
|     commerce. The case law        |                                   |
|     supports a broad definition   |                                   |
|     of navigable waters, such as  |                                   |
|     the one published today, and  |                                   |
|     that definition does not      |                                   |
|     necessarily depend on         |                                   |
|     navigability in fact.         |                                   |
|                                   |                                   |
| 61. [Wetlands]{.underline}: The   |                                   |
|     definition includes wetlands, |                                   |
|     as defined in §112.2 and      |                                   |
|     discussed below, because      |                                   |
|     wetlands are waters of the    |                                   |
|     United States. Different      |                                   |
|     programs serve different      |                                   |
|     purposes, and merely because  |                                   |
|     an activity or function is    |                                   |
|     regulated for one purpose     |                                   |
|     (for example, NPDES) does not |                                   |
|     mean that regulation for      |                                   |
|     another purpose is redundant. |                                   |
|     The purpose of a permit       |                                   |
|     discharge system is waste     |                                   |
|     treatment and management. The |                                   |
|     purpose of the SPCC rule is   |                                   |
|     oil pollution prevention      |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| [Non-petroleum oil]{.underline}   | [Non-petroleum oil]{.underline}   |
| means oil of any kind that is not | means oil of any kind that is not |
| petroleum-based, including but    | petroleum-based, including but    |
| not limited to: Fats, oils, and   | not limited to: Fats, oils, and   |
| greases of animal, fish, or       | greases of animal, fish, or       |
| marine mammal origin; and         | marine mammal origin; and         |
| vegetable oils, including oils    | vegetable oils, including oils    |
| from seeds, nuts, fruits, and     | from seeds, nuts, fruits, and     |
| kernels.                          | kernels.                          |
|                                   |                                   |
| [Offshore facility]{.underline}   | [Offshore facility]{.underline}   |
| means any facility of any kind    | means any facility of any kind    |
| *(other than a vessel or public   | located in, on, or under any of   |
| vessel)* located in, on, or under | the navigable waters of the       |
| any of the navigable waters of    | United States, which is not a     |
| the United States, *and any       | transportation-related facility.  |
| facility of any kind that is      |                                   |
| subject to the jurisdiction of    | . . . . . . . . . . . . .         |
| the United States and is located  |                                   |
| in, on, or under any other        |                                   |
| waters.*                          |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 62. [EPA or DOI                   |                                   |
|     jurisdiction]{.underline}:    |                                   |
|     The 1994 Memorandum of        |                                   |
|     Understanding between DOI,    |                                   |
|     DOT, and EPA addresses the    |                                   |
|     jurisdictional issue          |                                   |
|     transferring to EPA those     |                                   |
|     non-transportation-related    |                                   |
|     offshore facilities landward  |                                   |
|     of the coastline.             |                                   |
|                                   |                                   |
| 63. [CWA definition]{.underline}: |                                   |
|     The part 112 definition of    |                                   |
|     "offshore facility", except   |                                   |
|     for minor editorial changes,  |                                   |
|     is identical to the CWA       |                                   |
|     definition. There is no       |                                   |
|     difference between the        |                                   |
|     substance of the part 112     |                                   |
|     definition and the CWA        |                                   |
|     definition.                   |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| [Oil]{.underline} means oil of    | [Oil]{.underline} means oil of    |
| any kind or in any form,          | any kind or in any form,          |
| including, but not limited to:    | including, but not limited to     |
| *fats, oils, or greases of        | petroleum, fuel oil, sludge, oil  |
| animal, fish, or marine mammal    | refuse and oil mixed with wastes  |
| origin; vegetable oils, including | other than dredged spoil.         |
| oils from seeds, nuts, fruits, or |                                   |
| kernels; and, other oils and      | . . . . . . . . . . . . .         |
| greases, including* petroleum,    |                                   |
| fuel oil, sludge**,** *synthetic  |                                   |
| oils, mineral oils,* oil refuse,  |                                   |
| or oil mixed with wastes other    |                                   |
| than dredged spoil.               |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 64. [Edible Oil Regulatory Reform |                                   |
|     Act (EORRA)]{.underline}: In  |                                   |
|     response to Edible Oil        |                                   |
|     Regulatory Reform Act (EORRA) |                                   |
|     of 1995 (33 U.S.C. 2720)      |                                   |
|     requirements, we have         |                                   |
|     reworded the definition to    |                                   |
|     include the categories of oil |                                   |
|     included in EORRA. Those      |                                   |
|     categories are: 1) petroleum  |                                   |
|     oils, (2) animal fats and     |                                   |
|     vegetable oils; and, 3) other |                                   |
|     non-petroleum oils and        |                                   |
|     greases. Animal fats include  |                                   |
|     fats, oils, and greases of    |                                   |
|     animal origin (for example,   |                                   |
|     lard and tallow), fish (for   |                                   |
|     example, cod liver oil), or   |                                   |
|     marine mammal origin (for     |                                   |
|     example, whale oil).          |                                   |
|     Vegetable oils include oils   |                                   |
|     of vegetable origin,          |                                   |
|     including oils from seeds,    |                                   |
|     nuts, fruits, and kernels.    |                                   |
|     Examples of vegetable oils    |                                   |
|     include: corn oil, rapeseed   |                                   |
|     oil, coconut oil, palm oil,   |                                   |
|     soy bean oil, sunflower seed  |                                   |
|     oil, cottonseed oil, and      |                                   |
|     peanut oil. Other             |                                   |
|     non-petroleum oils and        |                                   |
|     greases include coal tar,     |                                   |
|     creosote, silicon fluids,     |                                   |
|     pine oil, turpentine, and     |                                   |
|     tall oils. Petroleum oils     |                                   |
|     include crude and refined     |                                   |
|     petroleum products, asphalt,  |                                   |
|     gasoline, fuel oils, mineral  |                                   |
|     oils, naphtha, sludge, oil    |                                   |
|     refuse, and oil mixed with    |                                   |
|     wastes other than dredged     |                                   |
|     spoil. The revised definition |                                   |
|     imposes no new requirements,  |                                   |
|     because all oils have always  |                                   |
|     been subject to the           |                                   |
|     substantive requirements of   |                                   |
|     the rule.                     |                                   |
|                                   |                                   |
| > EORRA requires that Federal     |                                   |
| > agencies establish separate     |                                   |
| > classes for at least these      |                                   |
| > three types of oils. It further |                                   |
| > requires agencies to            |                                   |
| > differentiate between those     |                                   |
| > classes of oil in relation to   |                                   |
| > their environmental effects,    |                                   |
| > and their physical, chemical,   |                                   |
| > biological, and other           |                                   |
| > characteristics. EPA has        |                                   |
| > provided new subparts within    |                                   |
| > part 112 to facilitate          |                                   |
| > differentiation between the     |                                   |
| > categories of oil listed in     |                                   |
| > EORRA. In an advance notice of  |                                   |
| > proposed rulemaking, published  |                                   |
| > on April 8, 1999 (64 FR 17227), |                                   |
| > we requested ideas on how to    |                                   |
| > differentiate among the SPCC    |                                   |
| > requirements for facilities     |                                   |
| > storing or using the various    |                                   |
| > categories of oil. These ideas  |                                   |
| > for further differentiation     |                                   |
| > will be considered in a future  |                                   |
| > rulemaking.                     |                                   |
|                                   |                                   |
| 65. [What is oil]{.underline}:    |                                   |
|     EPA interprets the definition |                                   |
|     of oil to include all types   |                                   |
|     of oil, in whatever form,     |                                   |
|     solid or liquid. That         |                                   |
|     includes synthetic oils,      |                                   |
|     mineral oils, vegetable oils, |                                   |
|     animal fats, petroleum        |                                   |
|     derivatives, etc.             |                                   |
|                                   |                                   |
| 66. [Specific                     |                                   |
|     substances]{.underline}:      |                                   |
|     Asphaltic cement is oil       |                                   |
|     because it is a               |                                   |
|     petroleum-based product and   |                                   |
|     exhibits oil-like             |                                   |
|     characteristics. A discharge  |                                   |
|     of asphaltic cement may       |                                   |
|     violate applicable water      |                                   |
|     quality standards, or cause a |                                   |
|     film or sheen or              |                                   |
|     discoloration of the water or |                                   |
|     adjoining shorelines or cause |                                   |
|     a sludge or emulsion to be    |                                   |
|     deposited beneath the surface |                                   |
|     of the water or upon          |                                   |
|     adjoining shorelines.         |                                   |
|     Aromatic hydrocarbons may or  |                                   |
|     may not be oil, depending on  |                                   |
|     their physical                |                                   |
|     characteristics and           |                                   |
|     environmental effects. Some   |                                   |
|     aromatic hydrocarbons are     |                                   |
|     hazardous substances. Bilge   |                                   |
|     water that contains           |                                   |
|     sufficient oil such that its  |                                   |
|     discharge would violate the   |                                   |
|     standards set out in 40 CFR   |                                   |
|     110.3 is considered oil. The  |                                   |
|     percentage of oil             |                                   |
|     concentration in the water is |                                   |
|     not determinative for the     |                                   |
|     purpose of the definition or  |                                   |
|     the discharge standards.      |                                   |
|                                   |                                   |
| 67. [Authority]{.underline}: Our  |                                   |
|     interpretation of our         |                                   |
|     authority is consistent with  |                                   |
|     Congressional intent as       |                                   |
|     expressed in section          |                                   |
|     311(a)(1) of the CWA, which   |                                   |
|     extends to all types of oils  |                                   |
|     in any form. EPA's definition |                                   |
|     tracks that statutory         |                                   |
|     definition. Our revised       |                                   |
|     definition also reflects      |                                   |
|     EORRA requirements for        |                                   |
|     differentiation. EORRA did    |                                   |
|     not expand or contract the    |                                   |
|     universe of substances that   |                                   |
|     are oils, it only required    |                                   |
|     differentiation, when         |                                   |
|     necessary, between the        |                                   |
|     requirements for facilities   |                                   |
|     storing or using different    |                                   |
|     types of oil.                 |                                   |
|                                   |                                   |
| 68. [Positions on previously      |                                   |
|     suggested                     |                                   |
|     exclusions]{.underline}:      |                                   |
|     While States may choose to    |                                   |
|     regulate all oils or some     |                                   |
|     oils, the CWA definition is   |                                   |
|     designed to prevent the       |                                   |
|     discharge of all oils.        |                                   |
|                                   |                                   |
| > A definition based on liquidity |                                   |
| > would exclude solid oils, such  |                                   |
| > as certain animal fats, a       |                                   |
| > result that would be            |                                   |
| > inconsistent with Congressional |                                   |
| > intent.                         |                                   |
| >                                 |                                   |
| > While releases or discharges of |                                   |
| > some refined petroleum products |                                   |
| > may be regulated under the      |                                   |
| > Solid Waste Disposal Act as     |                                   |
| > waste products, that program is |                                   |
| > dedicated more to waste         |                                   |
| > management, and does not        |                                   |
| > regulate storage of non-waste   |                                   |
| > oil.                            |                                   |
| >                                 |                                   |
| > EPA must address all types of   |                                   |
| > oils, including animal fats and |                                   |
| > vegetable oils, since they can  |                                   |
| > harm the environment in many    |                                   |
| > ways.                           |                                   |
| >                                 |                                   |
| > Oil can coat the feathers of    |                                   |
| > birds, the fur of mammals and   |                                   |
| > cause drowning and hypothermia  |                                   |
| > and increased vulnerability to  |                                   |
| > starvation and predators from   |                                   |
| > lack of mobility. Oils can act  |                                   |
| > on the epithelial tissue of     |                                   |
| > fish, accumulate on gills, and  |                                   |
| > prevent respiration.            |                                   |
| >                                 |                                   |
| > The oil coating of surface      |                                   |
| > waters can interfere with       |                                   |
| > natural processes, oxygen       |                                   |
| > diffusion/reaeration and        |                                   |
| > photosynthesis. Organisms and   |                                   |
| > algae coated with oil may       |                                   |
| > settle to the bottom with       |                                   |
| > suspended solids along with     |                                   |
| > other oily substances that can  |                                   |
| > destroy benthic organisms and   |                                   |
| > interfere with spawning areas.  |                                   |
| > Oils can increase biological or |                                   |
| > chemical oxygen demand and      |                                   |
| > deplete the water of oxygen     |                                   |
| > sufficiently to kill fish and   |                                   |
| > other aquatic organisms.        |                                   |
| >                                 |                                   |
| > Oils can cause starvation of    |                                   |
| > fish and wildlife by coating    |                                   |
| > food and depleting the food     |                                   |
| > supply. Animals that ingest     |                                   |
| > large amounts of oil through    |                                   |
| > contaminated food or preening   |                                   |
| > themselves may die as a result  |                                   |
| > of the ingested oil. Animals    |                                   |
| > can also starve because of      |                                   |
| > increased energy demands needed |                                   |
| > to maintain body temperature    |                                   |
| > when they are coated with oil.  |                                   |
| > Oils can exert a direct toxic   |                                   |
| > action on fish, wildlife, or    |                                   |
| > their food supply.              |                                   |
| >                                 |                                   |
| > Oils can taint the flavor of    |                                   |
| > fish for human consumption and  |                                   |
| > cause intestinal lesions in     |                                   |
| > fish from laxative properties.  |                                   |
| > Tainted flavor of fish used for |                                   |
| > human consumption and the       |                                   |
| > causation of rancid odors are   |                                   |
| > public health or welfare        |                                   |
| > concerns within the scope of    |                                   |
| > our rules. Tainted flavor of    |                                   |
| > fish used for human consumption |                                   |
| > may indicate a disease in the   |                                   |
| > fish which could render them    |                                   |
| > inedible and thus have a        |                                   |
| > substantial impact on the       |                                   |
| > fishermen who harvest them and  |                                   |
| > communities who may rely on     |                                   |
| > them for a food supply. Oils    |                                   |
| > can foul shorelines and         |                                   |
| > beaches. Oil discharges can     |                                   |
| > create rancid odors. Rancid     |                                   |
| > odors may cause both health     |                                   |
| > impacts and environmental       |                                   |
| > impacts. For example, the 1991  |                                   |
| > Wisconsin Butter Fire and Spill |                                   |
| > resulted in a discharge of      |                                   |
| > melted butter and lard. After   |                                   |
| > the cleanup was largely         |                                   |
| > completed, the Wisconsin        |                                   |
| > Department of Natural Resources |                                   |
| > declared as hazardous           |                                   |
| > substances the thousands of     |                                   |
| > gallons of melted butter that   |                                   |
| > ran offsite and the mountain of |                                   |
| > damaged and charred meat        |                                   |
| > products spoiling in the hot    |                                   |
| > sun and creating objectionable  |                                   |
| > odors. The Wisconsin DNR stated |                                   |
| > that these products posed an    |                                   |
| > imminent threat to human health |                                   |
| > and the environment. 62 FR      |                                   |
| > 54526.                          |                                   |
|                                   |                                   |
| 69. [Highly volatile              |                                   |
|     liquids]{.underline}: We do   |                                   |
|     not consider highly volatile  |                                   |
|     liquids that volatilize on    |                                   |
|     contact with air or water,    |                                   |
|     such as liquid natural gas,   |                                   |
|     or liquid petroleum gas, to   |                                   |
|     be oil. Such substances do    |                                   |
|     not violate applicable water  |                                   |
|     quality standards, do not     |                                   |
|     cause a reportable film or    |                                   |
|     sheen or discoloration upon   |                                   |
|     the surface of water or       |                                   |
|     adjoining shorelines, do not  |                                   |
|     cause a sludge or emulsion to |                                   |
|     be deposited beneath the      |                                   |
|     surface of the water or upon  |                                   |
|     adjoining shorelines, and are |                                   |
|     not removable. Therefore,     |                                   |
|     there would be no reportable  |                                   |
|     discharge as described in 40  |                                   |
|     CFR 110.3.                    |                                   |
|                                   |                                   |
| 70. [Part 280                     |                                   |
|     definition]{.underline}: The  |                                   |
|     definition of petroleum in 40 |                                   |
|     CFR part 280 is a subset of   |                                   |
|     the part 112 definition of    |                                   |
|     "oil." The part 112           |                                   |
|     definition of oil is broader  |                                   |
|     than the part 280 definition  |                                   |
|     of petroleum because part 112 |                                   |
|     regulates all types of oils,  |                                   |
|     whereas part 280 regulates    |                                   |
|     only petroleum.               |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| [Oil Spill Removal                | [Oil Spill Removal                |
| Organization]{.underline} means   | Organization]{.underline} means   |
| an entity that provides oil spill | an entity that provides oil spill |
| response resources, and includes  | response resources, and includes  |
| any for-profit or not-for-profit  | any for-profit or not-for-profit  |
| contractor, cooperative, or       | contractor, cooperative, or       |
| in-house response resources that  | in-house response resources that  |
| have been established in a        | have been established in a        |
| geographic area to provide        | geographic area to provide        |
| required response resources.      | required response resources.      |
|                                   |                                   |
| [Onshore facility]{.underline}    | [Onshore facility]{.underline}    |
| means any facility of any kind    | means any facility of any kind    |
| located in, on, or under any land | located in, on, or under any land |
| within the United States, other   | within the United States, other   |
| than submerged *lands*.           | than submerged lands, which is    |
|                                   | not a transportation-related      |
| [Owner or operator]{.underline}   | facility.                         |
| means any person owning or        |                                   |
| operating an onshore facility or  | [Owner or operator]{.underline}   |
| an offshore facility, and in the  | means any person owning or        |
| case of any abandoned offshore    | operating an onshore facility or  |
| facility, the person who owned or | an offshore facility, and in the  |
| operated *or maintained* the      | case of any abandoned offshore    |
| facility immediately prior to     | facility, the person who owned or |
| such abandonment.                 | operated such facility            |
|                                   | immediately prior to such         |
| . . . . . . . . . . . . .         | abandonment.                      |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 71. [Editorial                    |                                   |
|     change]{.underline}: We       |                                   |
|     deleted as unnecessary        |                                   |
|     surplus the reference to the  |                                   |
|     facility not being            |                                   |
|     transportation-related.       |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| **[Partially buried               | \[No direct counterpart in old    |
| tank]{.underline} means a storage | rule.\]                           |
| container that is partially       |                                   |
| inserted or constructed in the    |                                   |
| ground, but not entirely below    |                                   |
| grade, and not completely covered |                                   |
| with earth, sand, gravel,         |                                   |
| asphalt, or other material. A     |                                   |
| partially buried tank is          |                                   |
| considered an aboveground storage |                                   |
| container for purposes of this    |                                   |
| part.**                           |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 72. [Rationale for                |                                   |
|     definition]{.underline}: The  |                                   |
|     intent of the definition of   |                                   |
|     "partially buried tank" is to |                                   |
|     clarify the distinction       |                                   |
|     between partially buried      |                                   |
|     tanks and underground storage |                                   |
|     tanks. We have renamed        |                                   |
|     underground tanks in this     |                                   |
|     rule as "completely buried    |                                   |
|     tanks" -- i.e., those tanks   |                                   |
|     completely covered with       |                                   |
|     earth. Partially buried tanks |                                   |
|     are subject to the SPCC rule  |                                   |
|     the same as aboveground       |                                   |
|     containers.                   |                                   |
|                                   |                                   |
| > We have not adopted the part    |                                   |
| > 280 UST definition (at 40 CFR   |                                   |
| > 280.12) and have not classified |                                   |
| > partially buried tanks as       |                                   |
| > completely buried tanks,        |                                   |
| > because they are not. The UST   |                                   |
| > definition might also exclude   |                                   |
| > some tanks or containers that   |                                   |
| > would be covered by the SPCC    |                                   |
| > definition. The UST definition  |                                   |
| > includes tanks whose volume     |                                   |
| > (including the volume of        |                                   |
| > underground pipes connected     |                                   |
| > thereto) are ten percent or     |                                   |
| > more beneath the surface of the |                                   |
| > ground. The SPCC definition of  |                                   |
| > "partially buried tank"         |                                   |
| > contains no volume percentage   |                                   |
| > and applies to any tank that is |                                   |
| > partially inserted or           |                                   |
| > constructed in the ground, but  |                                   |
| > not entirely below grade, and   |                                   |
| > not completely covered with     |                                   |
| > earth.                          |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| **[Permanently                    | \[No direct counterpart in old    |
| closed]{.underline} means any     | rule.\]                           |
| container or facility for         |                                   |
| which:**                          |                                   |
|                                   |                                   |
| **(1) All liquid and sludge has   |                                   |
| been removed from each container  |                                   |
| and connecting line; and**        |                                   |
|                                   |                                   |
| **(2) All connecting lines and    |                                   |
| piping have been disconnected     |                                   |
| from the container and blanked    |                                   |
| off, all valves (except for       |                                   |
| ventilation valves) have been     |                                   |
| closed and locked, and            |                                   |
| conspicuous signs have been       |                                   |
| posted on each container stating  |                                   |
| that it is a permanently closed   |                                   |
| container and noting the date of  |                                   |
| closure.**                        |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 73. [Background]{.underline}: The |                                   |
|     intent of the definition of   |                                   |
|     "permanently closed" is to    |                                   |
|     clarify the scope of          |                                   |
|     facilities and tanks or       |                                   |
|     containers excluded from      |                                   |
|     coverage under the SPCC rule. |                                   |
|     Permanently closed containers |                                   |
|     are those containers which    |                                   |
|     are no longer capable of      |                                   |
|     storing or using oil.         |                                   |
|     Permanently closed facilities |                                   |
|     are those facilities which    |                                   |
|     are no longer capable of      |                                   |
|     storing or using oil. In      |                                   |
|     permanently closed containers |                                   |
|     and facilities, physical      |                                   |
|     changes have been made so     |                                   |
|     that storage capacity or use  |                                   |
|     is rendered impossible.       |                                   |
|     Therefore, the definition     |                                   |
|     describes those changes that  |                                   |
|     must have occurred before a   |                                   |
|     container or facility is      |                                   |
|     "permanently closed."         |                                   |
|     Containers that are only      |                                   |
|     closed temporarily may be     |                                   |
|     returned to storage purposes  |                                   |
|     and thus may present a threat |                                   |
|     of discharge. Therefore, they |                                   |
|     will continue to be subject   |                                   |
|     to the rule.                  |                                   |
|                                   |                                   |
| 74. [Non-oil                      |                                   |
|     products]{.underline}:        |                                   |
|     Containers that store         |                                   |
|     products other than oil and   |                                   |
|     never store oil, are not      |                                   |
|     subject to the SPCC rule      |                                   |
|     whether they are "permanently |                                   |
|     closed" as defined or not. If |                                   |
|     the containers sometimes      |                                   |
|     store oil and sometimes store |                                   |
|     non-oil products, they are    |                                   |
|     subject to the rule.          |                                   |
|                                   |                                   |
| 75. [Connecting                   |                                   |
|     lines]{.underline}:           |                                   |
|     Connecting lines that have    |                                   |
|     been emptied of oil, and have |                                   |
|     been disconnected and blanked |                                   |
|     off, are considered           |                                   |
|     permanently closed.           |                                   |
|                                   |                                   |
| 76. [Explosive                    |                                   |
|     vapors]{.underline}: To help  |                                   |
|     prevent a buildup of          |                                   |
|     explosive vapors, the         |                                   |
|     definition provides that      |                                   |
|     ventilation valves need not   |                                   |
|     be closed.                    |                                   |
|                                   |                                   |
| 77. [Retroactivity]{.underline}:  |                                   |
|     We believe that containers    |                                   |
|     that have been permanently    |                                   |
|     closed according to the       |                                   |
|     standards prescribed in the   |                                   |
|     rule qualify for the          |                                   |
|     designation of "permanently   |                                   |
|     closed," whether they have    |                                   |
|     been closed before or after   |                                   |
|     the effective date of the     |                                   |
|     rule. Containers that cannot  |                                   |
|     meet the standards prescribed |                                   |
|     in the rule will not qualify  |                                   |
|     as permanently closed. To     |                                   |
|     clarify when a container has  |                                   |
|     been closed, the rule         |                                   |
|     requires that the sign noting |                                   |
|     closure show the date of such |                                   |
|     closure. The date of such     |                                   |
|     closure must be noted whether |                                   |
|     it occurred before or after   |                                   |
|     the effective date of this    |                                   |
|     provision. Some States and    |                                   |
|     localities require a permit   |                                   |
|     for tank closure. A document  |                                   |
|     noting a State closure        |                                   |
|     inspection may serve as       |                                   |
|     evidence of container closure |                                   |
|     if it is dated.               |                                   |
|                                   |                                   |
| 78. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     be useful to effect the       |                                   |
|     permanent closure of          |                                   |
|     containers or facilities      |                                   |
|     include: (1) National Fire    |                                   |
|     Protection Association (NFPA) |                                   |
|     30, "Flammable and            |                                   |
|     Combustible Liquids           |                                   |
|     Code"; (2) Building Officials |                                   |
|     and Code Administrators       |                                   |
|     International (BOCA),         |                                   |
|     "National Fire Prevention     |                                   |
|     Code"; (3) American Petroleum |                                   |
|     Institute (API) Standard      |                                   |
|     2015, "Safe Entry and         |                                   |
|     Cleaning of Petroleum Storage |                                   |
|     Tanks"; and, (4) API          |                                   |
|     Recommended Practice 1604,    |                                   |
|     "Removal and Disposal of Used |                                   |
|     Underground Petroleum Storage |                                   |
|     Tanks."                       |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| [Person]{.underline} includes an  | [Person]{.underline} includes an  |
| individual, firm, corporation,    | individual, firm, corporation,    |
| association, or partnership.      | association, and a partnership.   |
|                                   |                                   |
| [Petroleum oil]{.underline} means | [Petroleum oil]{.underline} means |
| petroleum in any form, including  | petroleum in any form, including  |
| but not limited to crude oil,     | but not limited to crude oil,     |
| fuel oil, mineral oil, sludge,    | fuel oil, mineral oil, sludge,    |
| oil refuse, and refined products. | oil refuse, and refined products. |
|                                   |                                   |
| **[Production                     | [Regional                         |
| facility]{.underline} means all   | Administrator]{.underline} means  |
| structures (including but not     | the Regional Administrator of the |
| limited to wells, platforms, or   | Environmental Protection Agency,  |
| storage facilities), piping       | or his designee, in and for the   |
| (including but not limited to     | Region in which the facility is   |
| flowlines or gathering lines), or | located.                          |
| equipment (including but not      |                                   |
| limited to workover equipment,    | . . . . . . . . . . . . .         |
| separation equipment, or          |                                   |
| auxiliary                         |                                   |
| non-transportation-related        |                                   |
| equipment) used in the            |                                   |
| production, extraction, recovery, |                                   |
| lifting, stabilization,           |                                   |
| separation or treating of oil, or |                                   |
| associated storage or             |                                   |
| measurement, and located in a     |                                   |
| single geographical oil or gas    |                                   |
| field operated by a single        |                                   |
| operator.**                       |                                   |
|                                   |                                   |
| [Regional                         |                                   |
| Administrator]{.underline} means  |                                   |
| the Regional Administrator of the |                                   |
| Environmental Protection *Agency, |                                   |
| in* and for the Region in which   |                                   |
| the facility is located.          |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 79. [Flowlines and gathering      |                                   |
|     lines, wells and              |                                   |
|     separators]{.underline}:      |                                   |
|     These structures or equipment |                                   |
|     are integral parts of         |                                   |
|     production facilities and     |                                   |
|     should therefore be included  |                                   |
|     in the definition. We do not  |                                   |
|     believe that the installation |                                   |
|     of structures and equipment   |                                   |
|     to prevent discharges around  |                                   |
|     gathering lines and flowlines |                                   |
|     may not be practicable, and   |                                   |
|     that EPA will be flooded with |                                   |
|     contingency plans. First of   |                                   |
|     all, secondary containment    |                                   |
|     may be practicable. In        |                                   |
|     §112.7(c), we list sorbent    |                                   |
|     materials, drainage systems,  |                                   |
|     and other equipment as        |                                   |
|     possible forms of secondary   |                                   |
|     containment systems. We       |                                   |
|     realize that in many cases,   |                                   |
|     secondary containment may not |                                   |
|     be practicable. If secondary  |                                   |
|     containment is not            |                                   |
|     practicable, an owner or      |                                   |
|     operator must provide in the  |                                   |
|     SPCC Plan a contingency plan  |                                   |
|     following the provisions of   |                                   |
|     part 109, and otherwise       |                                   |
|     comply with §112.7(d). We do  |                                   |
|     not require an owner or       |                                   |
|     operator to provide           |                                   |
|     contingency plans as a matter |                                   |
|     of course to the Regional     |                                   |
|     Administrator. Therefore, an  |                                   |
|     owner or operator will rarely |                                   |
|     have to submit a contingency  |                                   |
|     plan to EPA. The contingency  |                                   |
|     plan an owner or operator     |                                   |
|     does provide when secondary   |                                   |
|     containment is not            |                                   |
|     practicable for flowlines and |                                   |
|     gathering lines should rely   |                                   |
|     on strong maintenance,        |                                   |
|     corrosion protection,         |                                   |
|     testing, recordkeeping, and   |                                   |
|     inspection procedures to      |                                   |
|     prevent and quickly detect    |                                   |
|     discharges from such lines.   |                                   |
|     It should also provide for    |                                   |
|     the quick availability of     |                                   |
|     response equipment.           |                                   |
|                                   |                                   |
| 80. [DOT definition]{.underline}: |                                   |
|     We developed the definition   |                                   |
|     of "production facility" to   |                                   |
|     be consistent with the DOT    |                                   |
|     definition, found at 49 CFR   |                                   |
|     195.2. For example, we added  |                                   |
|     the uses ("production,        |                                   |
|     extraction, recovery,         |                                   |
|     lifting, stabilization,       |                                   |
|     separation, or treating") of  |                                   |
|     the piping and equipment      |                                   |
|     detailed in DOT rule. We also |                                   |
|     reflect EPA jurisdiction. We  |                                   |
|     added the word "structure,"   |                                   |
|     which was not in the DOT      |                                   |
|     definition, to cover          |                                   |
|     necessary parts of a          |                                   |
|     production facility. We also  |                                   |
|     added examples of types of    |                                   |
|     piping, structures, and       |                                   |
|     equipment. These examples are |                                   |
|     not an exclusive list of the  |                                   |
|     possible piping, structures,  |                                   |
|     or equipment covered under    |                                   |
|     the definition. The new       |                                   |
|     definition encompasses all    |                                   |
|     those facilities that would   |                                   |
|     have been covered under both  |                                   |
|     former proposed definitions.  |                                   |
|                                   |                                   |
| 81. [Single oil or gas field,     |                                   |
|     single operator]{.underline}: |                                   |
|     "A single geographical oil or |                                   |
|     gas field" may consist of one |                                   |
|     or more natural formations    |                                   |
|     containing oil. The           |                                   |
|     determination of its          |                                   |
|     boundaries is area-specific.  |                                   |
|     Such formation may underlie   |                                   |
|     one or many facilities,       |                                   |
|     regardless of whether any     |                                   |
|     natural or man-made physical  |                                   |
|     geographical barriers on the  |                                   |
|     surface intervene such as a   |                                   |
|     mountain range, river, or     |                                   |
|     road.                         |                                   |
|                                   |                                   |
| > An "owner" or "operator" is     |                                   |
| > defined in §112.2 as any        |                                   |
| > "person owning or operating an  |                                   |
| > onshore facility or an offshore |                                   |
| > facility, and in the case of    |                                   |
| > any abandoned offshore          |                                   |
| > facility, the person who owned  |                                   |
| > or operated or maintained such  |                                   |
| > facility immediately prior to   |                                   |
| > abandonment." A "person" is not |                                   |
| > restricted to a single natural  |                                   |
| > person. "Person" is a defined   |                                   |
| > term in the rule (at §112.2)    |                                   |
| > which includes an individual,   |                                   |
| > firm, corporation, association, |                                   |
| > or partnership. Nothing in the  |                                   |
| > definition would preclude an    |                                   |
| > owner or operator from          |                                   |
| > combining elements of a         |                                   |
| > production facility into one    |                                   |
| > SPCC Plan with an               |                                   |
| > identification of the wells to  |                                   |
| > which that Plan applies.        |                                   |
|                                   |                                   |
| 82. [Natural gas]{.underline}:    |                                   |
|     Because natural gas is not    |                                   |
|     oil, natural gas facilities   |                                   |
|     that do not store or use oil  |                                   |
|     are not covered by this rule. |                                   |
|     However, drip or condensate   |                                   |
|     from natural gas production   |                                   |
|     is an oil. The storage of     |                                   |
|     such drip or condensate must  |                                   |
|     be included in the            |                                   |
|     calculation of oil stored or  |                                   |
|     used at the facility.         |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| **[Repair]{.underline} means any  | \[No direct counterpart in old    |
| work necessary to maintain or     | rule.\]                           |
| restore a container to a          |                                   |
| condition suitable for safe       |                                   |
| operation, other than that        |                                   |
| necessary for ordinary,           |                                   |
| day-to-day maintenance to         |                                   |
| maintain the functional integrity |                                   |
| of the container and that does    |                                   |
| not weaken the container.**       |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 83. [Background]{.underline}: In  |                                   |
|     1993, we proposed a           |                                   |
|     definition of "repair" in     |                                   |
|     conjunction with the proposed |                                   |
|     rule for brittle fracture     |                                   |
|     evaluation.                   |                                   |
|                                   |                                   |
| 84. [Ordinary                     |                                   |
|     maintenance]{.underline}:     |                                   |
|     Some repairs in the nature of |                                   |
|     ordinary maintenance that     |                                   |
|     maintain or strengthen the    |                                   |
|     integrity of the container    |                                   |
|     might not necessitate brittle |                                   |
|     fracture evaluation. "Repair" |                                   |
|     means any work necessary to   |                                   |
|     maintain or restore a         |                                   |
|     container or related          |                                   |
|     equipment to a condition      |                                   |
|     suitable for safe operation.  |                                   |
|     Typical examples of a repair  |                                   |
|     that would trigger a brittle  |                                   |
|     fracture evaluation include   |                                   |
|     the removal and replacement   |                                   |
|     of material (such as roof,    |                                   |
|     shell, or bottom material,    |                                   |
|     including weld metal) to      |                                   |
|     maintain tank integrity; the  |                                   |
|     re-leveling or jacking of a   |                                   |
|     tank shell, bottom, or roof;  |                                   |
|     the addition of reinforcing   |                                   |
|     plates to existing shell      |                                   |
|     penetrations; and the repair  |                                   |
|     of flaws, such as tears or    |                                   |
|     gouges, by grinding or        |                                   |
|     gouging followed by welding.  |                                   |
|     The definition of "repair"    |                                   |
|     also includes reconstruction. |                                   |
|     Reconstruction means the work |                                   |
|     necessary to reassemble a     |                                   |
|     container that has been       |                                   |
|     dismantled and relocated to a |                                   |
|     new site. Ordinary,           |                                   |
|     day-to-day maintenance that   |                                   |
|     does not weaken the integrity |                                   |
|     of the container will not     |                                   |
|     trigger the brittle fracture  |                                   |
|     evaluation requirement.       |                                   |
|                                   |                                   |
| 85. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     be helpful in understanding   |                                   |
|     the definition of repair (and |                                   |
|     reconstruction) include API   |                                   |
|     Standard 653, "Tank           |                                   |
|     Inspection, Repair,           |                                   |
|     Alteration, and               |                                   |
|     Reconstruction."              |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| **[Spill Prevention, Control, and | \[No direct counterpart in old    |
| Countermeasure Plan; SPCC Plan,   | rule.\]                           |
| or Plan]{.underline} means the    |                                   |
| document required by §112.3 that  |                                   |
| details the equipment, workforce, |                                   |
| procedures, and steps to prevent, |                                   |
| control, and provide adequate     |                                   |
| countermeasures to a discharge.** |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 86. [Acceptable                   |                                   |
|     formats]{.underline}: Any     |                                   |
|     equivalent prevention plan    |                                   |
|     acceptable to the Regional    |                                   |
|     Administrator qualifies as an |                                   |
|     SPCC Plan as long as it meets |                                   |
|     all Federal requirements      |                                   |
|     (including certification by a |                                   |
|     Professional Engineer), and   |                                   |
|     is cross-referenced from the  |                                   |
|     requirement in part 112 to    |                                   |
|     the page of the equivalent    |                                   |
|     plan. We will not specify     |                                   |
|     acceptable formats. We will   |                                   |
|     give examples of those        |                                   |
|     acceptable formats, but those |                                   |
|     examples are not meant to be  |                                   |
|     exhaustive.                   |                                   |
|                                   |                                   |
| > Examples of an "equivalent      |                                   |
| > prevention plan" might include  |                                   |
| > an Integrated Contingency Plan  |                                   |
| > (ICP), a State plan, a Best     |                                   |
| > Management Practice Plan (which |                                   |
| > is a component of the           |                                   |
| > Stormwater Pollution Prevention |                                   |
| > Plan), or other plan that meets |                                   |
| > all the requirements of part    |                                   |
| > 112 and is supplemented by a    |                                   |
| > cross-reference section         |                                   |
| > identifying the location of     |                                   |
| > elements in part 112 to the     |                                   |
| > equivalent requirement in the   |                                   |
| > other plan. We support the use  |                                   |
| > of the ICP format and encourage |                                   |
| > owners or operators to use it.  |                                   |
| >                                 |                                   |
| > An equivalent Plan might be a   |                                   |
| > Plan following the SPCC         |                                   |
| > sequence in effect before this  |                                   |
| > final rule became effective. An |                                   |
| > owner or operator may choose to |                                   |
| > use the sequence of the old     |                                   |
| > rule, but must cross-reference  |                                   |
| > the requirements in the revised |                                   |
| > rule to the sequence used in    |                                   |
| > their Plan. We provide a table  |                                   |
| > in section IV.A of the revised  |                                   |
| > rule's preamble to help the     |                                   |
| > owner or operator               |                                   |
| > cross-reference the             |                                   |
| > requirements more easily. If    |                                   |
| > the only change an owner or     |                                   |
| > operator makes is the addition  |                                   |
| > of cross-referencing, he need   |                                   |
| > not have a Professional         |                                   |
| > Engineer certify that change.   |                                   |
| >                                 |                                   |
| > Another example of an           |                                   |
| > equivalent plan might include a |                                   |
| > multi-facility plan for         |                                   |
| > operating equipment. This type  |                                   |
| > of plan is intended for         |                                   |
| > electrical utility transmission |                                   |
| > systems, electrical cable       |                                   |
| > systems, and similar facilities |                                   |
| > which might aggregate equipment |                                   |
| > located in diverse areas into   |                                   |
| > one plan. Examples of operating |                                   |
| > equipment containing oil        |                                   |
| > include electrical equipment    |                                   |
| > such as substations,            |                                   |
| > transformers, capacitors,       |                                   |
| > buried cable equipment, and oil |                                   |
| > circuit breakers.               |                                   |
| >                                 |                                   |
| > A general, multi-facility plan  |                                   |
| > for operational equipment used  |                                   |
| > in various manufacturing        |                                   |
| > processes containing over the   |                                   |
| > threshold amount of oil might   |                                   |
| > also be acceptable as an SPCC   |                                   |
| > Plan. Examples of operating     |                                   |
| > equipment used in manufacturing |                                   |
| > that contains oil include small |                                   |
| > lube oil systems, fat traps,    |                                   |
| > hydraulic power presses,        |                                   |
| > hydraulic pumps, injection      |                                   |
| > molding machines, auto          |                                   |
| > boosters, certain metalworking  |                                   |
| > machinery and associated fluid  |                                   |
| > transfer systems, and oil based |                                   |
| > heaters. Whenever an owner or   |                                   |
| > operator adds or removes        |                                   |
| > operating equipment in their    |                                   |
| > Plan that materially affects    |                                   |
| > the potential for a discharge   |                                   |
| > as described in §112.1(b), they |                                   |
| > must amend their Plan. 40 CFR   |                                   |
| > 112.5(a).                       |                                   |
| >                                 |                                   |
| > Multi-facility plans would      |                                   |
| > include all elements required   |                                   |
| > for individual plans.           |                                   |
| > Site-specific information would |                                   |
| > be required for all equipment   |                                   |
| > included in each plan. However, |                                   |
| > the site-specific information   |                                   |
| > might be maintained in a        |                                   |
| > separate location, such as a    |                                   |
| > central office, or an           |                                   |
| > electronic data base, as long   |                                   |
| > as such information was         |                                   |
| > immediately accessible to       |                                   |
| > responders and inspectors. If   |                                   |
| > the owner or operator keeps the |                                   |
| > information in an electronic    |                                   |
| > data base, he must also keep a  |                                   |
| > paper or other backup that is   |                                   |
| > immediately accessible for      |                                   |
| > emergency response purposes, or |                                   |
| > for EPA inspectors, in case the |                                   |
| > computer is not functioning.    |                                   |
| > Where the owner or operator     |                                   |
| > places that site-specific       |                                   |
| > information would be a question |                                   |
| > of allowable formatting, as is  |                                   |
| > the question of what is an      |                                   |
| > "equivalent" plan -- an issue   |                                   |
| > subject to RA discretion.       |                                   |
| >                                 |                                   |
| > Still another example of an     |                                   |
| > equivalent plan might be a Best |                                   |
| > Management Practice Plan (BMP)  |                                   |
| > plan prepared under an NPDES    |                                   |
| > permit, if the plan provides    |                                   |
| > protections equivalent to SPCC  |                                   |
| > Plans. Not all BMP plans will   |                                   |
| > qualify, as some BMP plans      |                                   |
| > might not provide equivalent    |                                   |
| > protection. NPDES permits       |                                   |
| > without BMP plans would not     |                                   |
| > qualify. BMP plans are          |                                   |
| > additional conditions which may |                                   |
| > supplement effluent limitations |                                   |
| > in NPDES permits. Under section |                                   |
| > 402(a)(1) of the CWA, BMP plans |                                   |
| > may be imposed when the         |                                   |
| > Administrator determines that   |                                   |
| > such conditions are necessary   |                                   |
| > to carry out the provisions of  |                                   |
| > the Act. See 40 CFR 122.44(k).  |                                   |
| > CWA section 304(e) authorizes   |                                   |
| > EPA to promulgate BMP plans as  |                                   |
| > effluent limitations            |                                   |
| > guidelines. NPDES rules provide |                                   |
| > for BMP plans when: authorized  |                                   |
| > under section 304(e) of the CWA |                                   |
| > for the control of toxic        |                                   |
| > pollutants and hazardous        |                                   |
| > substances; numeric limitations |                                   |
| > are infeasible; or, the         |                                   |
| > practices are reasonably        |                                   |
| > necessary to achieve effluent   |                                   |
| > limitations and standards to    |                                   |
| > carry out the purposes of the   |                                   |
| > CWA.                            |                                   |
| >                                 |                                   |
| > Any format that contains all    |                                   |
| > the required elements of an     |                                   |
| > SPCC Plan and provides          |                                   |
| > equivalent environmental        |                                   |
| > protection would be             |                                   |
| > presumptively acceptable. The   |                                   |
| > final decision on what is an    |                                   |
| > "equivalent" plan, however,     |                                   |
| > would be at the discretion of   |                                   |
| > the Regional Administrator.     |                                   |
| > "Equivalence" would not mean    |                                   |
| > that an alternate format would  |                                   |
| > be the mirror image of an SPCC  |                                   |
| > Plan, but it would have to      |                                   |
| > contain all the required        |                                   |
| > elements of an SPCC Plan.       |                                   |
| > Required elements include, but  |                                   |
| > are not limited to, provisions  |                                   |
| > for a written plan, secondary   |                                   |
| > containment or a contingency    |                                   |
| > plan following 40 CFR part 109, |                                   |
| > equivalent inspections and      |                                   |
| > tests, security, personnel      |                                   |
| > training, and certification of  |                                   |
| > the plan by a Professional      |                                   |
| > Engineer. Acceptance of an      |                                   |
| > equivalent plan does not,       |                                   |
| > however, imply any type of      |                                   |
| > approval or submission process. |                                   |
| > As before, SPCC Plans are       |                                   |
| > generally not submitted to the  |                                   |
| > Regional Administrator. The     |                                   |
| > Regional Administrator could    |                                   |
| > accept an equivalent prevention |                                   |
| > plan if it: (1) meets all       |                                   |
| > regulatory requirements in the  |                                   |
| > SPCC rule; and (2) is           |                                   |
| > supplemented by a               |                                   |
| > cross-reference section         |                                   |
| > identifying requirements listed |                                   |
| > in part 112 to the equivalent   |                                   |
| > requirements in the other       |                                   |
| > prevention plan. Partial use of |                                   |
| > other equivalent prevention     |                                   |
| > plans is also acceptable, if    |                                   |
| > the plan is supplemented by     |                                   |
| > elements that meet the          |                                   |
| > remainder of the EPA            |                                   |
| > requirements contained in part  |                                   |
| > 112.                            |                                   |
|                                   |                                   |
| 87. [Written Plans]{.underline}:  |                                   |
|     A "written" Plan might also   |                                   |
|     include texts, graphs,        |                                   |
|     charts, maps, photos, and     |                                   |
|     tables, on whatever media,    |                                   |
|     including floppy disk, CD,    |                                   |
|     hard drive, and tape storage, |                                   |
|     that allows the document to   |                                   |
|     be easily accessed,           |                                   |
|     comprehended, distributed,    |                                   |
|     viewed, updated, and printed. |                                   |
|     Whatever medium the owner or  |                                   |
|     operator uses, however, must  |                                   |
|     be readily accessible to      |                                   |
|     response personnel in an      |                                   |
|     emergency. If it is produced  |                                   |
|     in a medium that is not       |                                   |
|     readily accessible in an      |                                   |
|     emergency, it must be also    |                                   |
|     available in a medium that    |                                   |
|     is. For example, a Plan might |                                   |
|     be electronically produced,   |                                   |
|     but computers fail and may    |                                   |
|     not be operable in an         |                                   |
|     emergency. For an electronic  |                                   |
|     Plan or Plan produced in some |                                   |
|     other medium, therefore, a    |                                   |
|     backup copy must be readily   |                                   |
|     available on paper. At least  |                                   |
|     one version of the Plan       |                                   |
|     should be written in English  |                                   |
|     so that it will be readily    |                                   |
|     understood by an EPA          |                                   |
|     inspector.                    |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| **[Storage capacity]{.underline}  | \[No direct counterpart in old    |
| of a container means the shell    | rule.\]                           |
| capacity of the container.**      |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 88. [Rationale for                |                                   |
|     definition]{.underline}: The  |                                   |
|     definition of "storage        |                                   |
|     capacity" includes the total  |                                   |
|     capacity of a container       |                                   |
|     capable of storing oil or oil |                                   |
|     mixtures. Because the         |                                   |
|     percentage of oil in a        |                                   |
|     mixture is determined by the  |                                   |
|     owner or operator and can be  |                                   |
|     changed at will, the total    |                                   |
|     capacity of a container is    |                                   |
|     considered in determining     |                                   |
|     applicability under this      |                                   |
|     part, regardless of whether   |                                   |
|     the container is filled with  |                                   |
|     oil or a mixture of oil and   |                                   |
|     another substance, as long as |                                   |
|     a discharge from such         |                                   |
|     container could violate the   |                                   |
|     harmful quantity standards in |                                   |
|     40 CFR part 110.              |                                   |
|                                   |                                   |
| 89. [Standard of                  |                                   |
|     measurement]{.underline}: In  |                                   |
|     most instances the shell      |                                   |
|     capacity of a container will  |                                   |
|     define its storage capacity.  |                                   |
|     The shell capacity (or        |                                   |
|     nominal or gross capacity) is |                                   |
|     the amount of oil that a      |                                   |
|     container is designed to      |                                   |
|     hold. If a certain portion of |                                   |
|     a container is incapable of   |                                   |
|     storing oil because of its    |                                   |
|     integral design, for example  |                                   |
|     electrical equipment or other |                                   |
|     interior component might take |                                   |
|     up space, then the shell      |                                   |
|     capacity of the container is  |                                   |
|     reduced to the volume the     |                                   |
|     container might hold. When    |                                   |
|     the integral design of a      |                                   |
|     container has been altered by |                                   |
|     actions such as drilling a    |                                   |
|     hole in the side of the       |                                   |
|     container so that it cannot   |                                   |
|     hold oil above that point,    |                                   |
|     shell capacity remains the    |                                   |
|     measure of storage capacity   |                                   |
|     because such alteration can   |                                   |
|     be altered again at will to   |                                   |
|     restore the former storage    |                                   |
|     capacity. When the alteration |                                   |
|     is an action such as the      |                                   |
|     installation of a double      |                                   |
|     bottom or new floor to the    |                                   |
|     container, the integral       |                                   |
|     design of the container has   |                                   |
|     changed, and may result in a  |                                   |
|     reduction in shell capacity.  |                                   |
|                                   |                                   |
| > The keys to the definition are  |                                   |
| > the availability of the         |                                   |
| > container for drilling,         |                                   |
| > producing, gathering, storing,  |                                   |
| > processing, refining,           |                                   |
| > transferring, distributing,     |                                   |
| > using, or consuming oil, and    |                                   |
| > whether it is available for one |                                   |
| > of those uses or whether it is  |                                   |
| > permanently closed. Containers  |                                   |
| > available for one of the above  |                                   |
| > described uses count towards    |                                   |
| > storage capacity, those not     |                                   |
| > used for these activities do    |                                   |
| > not. Types of containers        |                                   |
| > counted as storage capacity     |                                   |
| > would include some flow-through |                                   |
| > separators, tanks used for      |                                   |
| > "emergency" storage,            |                                   |
| > transformers, and other         |                                   |
| > oil-filled equipment.           |                                   |
|                                   |                                   |
| 90. [Exclusions -- small          |                                   |
|     containers; waste treatment   |                                   |
|     facilities; small             |                                   |
|     containers]{.underline}: The  |                                   |
|     definition of "storage        |                                   |
|     capacity" applies to both     |                                   |
|     large and small storage and   |                                   |
|     use capacity. However, we     |                                   |
|     note that in the              |                                   |
|     applicability section of the  |                                   |
|     rule, we exclude containers   |                                   |
|     of less than 55 gallons from  |                                   |
|     the scope of the SPCC rule.   |                                   |
|     See §112.1(d)(5). A container |                                   |
|     above that size that is       |                                   |
|     available for use or storage  |                                   |
|     containing even small volumes |                                   |
|     of oil must be counted in     |                                   |
|     storage capacity.             |                                   |
|                                   |                                   |
| 91. [Waste treatment              |                                   |
|     facilities]{.underline}: A    |                                   |
|     facility or part thereof      |                                   |
|     (except at an oil production, |                                   |
|     oil recovery, or oil          |                                   |
|     recycling facility) used      |                                   |
|     exclusively for wastewater    |                                   |
|     treatment system and not to   |                                   |
|     meet any part 112 requirement |                                   |
|     should not be considered      |                                   |
|     storage capacity because      |                                   |
|     wastewater treatment is       |                                   |
|     neither use nor storage of    |                                   |
|     oil. Therefore, we have       |                                   |
|     exempted such facilities or   |                                   |
|     parts thereof from the rule.  |                                   |
|     However, note that certain    |                                   |
|     parts of such facilities may  |                                   |
|     continue to be subject to the |                                   |
|     rule. See §112.1(d)(6).       |                                   |
|                                   |                                   |
| 92. [Secondary containment        |                                   |
|     containers]{.underline}*:*    |                                   |
|     Containers that are used for  |                                   |
|     secondary containment and not |                                   |
|     storage or use, are not       |                                   |
|     counted as storage capacity.  |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.2 Definitions.           | Sec. 112.2 Definitions.           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| [Transportation-related and       | [Transportation-related and       |
| non-trans                         | non-tr                            |
| portation-related*,*]{.underline} | ansportation-related]{.underline} |
| as applied to an onshore or       | as applied to an onshore or       |
| offshore facility, are defined in | offshore facility, are defined in |
| the Memorandum of Understanding   | the Memorandum of Understanding   |
| between the Secretary of          | between the Secretary of          |
| Transportation and the            | Transportation and the            |
| Administrator of the              | Administrator of the              |
| Environmental Protection Agency,  | Environmental Protection Agency,  |
| dated November 24, 1971,          | dated November 24, 1971, 36 FR    |
| *(Appendix A of this part).*      | 24080.                            |
|                                   |                                   |
| [United States]{.underline} means | [United States]{.underline} means |
| the States, the District of       | the States, the District of       |
| Columbia, the Commonwealth of     | Columbia, the Commonwealth of     |
| Puerto Rico, the Commonwealth of  | Puerto Rico, the Canal Zone,      |
| the Northern Mariana Islands,     | Guam, American Samoa, the Virgin  |
| Guam, American Samoa, the *U.S.*  | Islands, and the Trust Territory  |
| Virgin Islands, and the Pacific   | of the Pacific Islands.           |
| *Island Governments*.             |                                   |
|                                   | [Vegetable oil]{.underline} means |
| [Vegetable oil]{.underline} means | a non-petroleum oil or fat of     |
| a non-petroleum oil or fat of     | vegetable origin, including but   |
| vegetable origin, including but   | not limited to oils and fats      |
| not limited to oils and fats      | derived from plant seeds, nuts,   |
| derived from plant seeds, nuts,   | fruits, and kernels.              |
| fruits, and kernels.              |                                   |
|                                   | [Vessel]{.underline} means every  |
| [Vessel]{.underline} means every  | description of watercraft or      |
| description of watercraft or      | other artificial contrivance      |
| other artificial contrivance      | used, or capable of being used as |
| used, or capable of being used,   | a means of transportation on      |
| as a means of transportation on   | water, other than a public        |
| water, other than a public        | vessel.                           |
| vessel.                           |                                   |
|                                   | [Worst case discharge for an      |
| **[Wetlands]{.underline} means    | onshore                           |
| those areas that are inundated or | non-transportation-related        |
| saturated by surface or           | facility]{.underline} means the   |
| groundwater at a frequency or     | largest foreseeable discharge in  |
| duration sufficient to support,   | adverse weather conditions as     |
| and that under normal             | determined using the worksheets   |
| circumstances do support, a       | in Appendix D to this part.       |
| prevalence of vegetation          |                                   |
| typically adapted for life in     |                                   |
| saturated soil conditions.        |                                   |
| Wetlands generally include playa  |                                   |
| lakes, swamps, marshes, bogs, and |                                   |
| similar areas such as sloughs,    |                                   |
| prairie potholes, wet meadows,    |                                   |
| prairie river overflows,          |                                   |
| mudflats, and natural ponds.**    |                                   |
|                                   |                                   |
| [Worst case discharge for an      |                                   |
| onshore                           |                                   |
| non-transportation-related        |                                   |
| facility]{.underline} means the   |                                   |
| largest foreseeable discharge in  |                                   |
| adverse weather conditions as     |                                   |
| determined using the worksheets   |                                   |
| in Appendix D to this part.       |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 93. [Rationale for                |                                   |
|     definition]{.underline}: The  |                                   |
|     term "wetlands" appears in    |                                   |
|     the definition of "navigable  |                                   |
|     waters." The definition of    |                                   |
|     wetlands conforms to the      |                                   |
|     definition in 40 CFR part 110 |                                   |
|     relating to the discharge of  |                                   |
|     oil.                          |                                   |
|                                   |                                   |
| 94. [Examples of                  |                                   |
|     wetlands]{.underline}: The    |                                   |
|     examples listed in the        |                                   |
|     definition are intended to    |                                   |
|     help the reader with          |                                   |
|     guidelines to identify        |                                   |
|     wetlands. While the examples  |                                   |
|     generally represent types of  |                                   |
|     wetlands, they are not        |                                   |
|     intended to be a categorical  |                                   |
|     listing of such wetlands.     |                                   |
|     Certain examples under some   |                                   |
|     circumstances do not          |                                   |
|     constitute wetlands. The 1987 |                                   |
|     Wetlands Manual is a useful   |                                   |
|     source material for wetlands  |                                   |
|     guidance. It would be         |                                   |
|     impossible to specify every   |                                   |
|     type of situation where       |                                   |
|     wetlands occur.               |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Section 112.3]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.3 Requirement to prepare | Sec. 112.3 Requirement to prepare |
| and implement a Spill Prevention, | and implement a Spill Prevention, |
| Control, and Countermeasure Plan. | Control, and Countermeasure Plan. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| *The owner or operator of an      | \[No direct counterpart in old    |
| onshore or offshore facility      | rule.\]                           |
| subject to this section must      |                                   |
| prepare a Spill Prevention,       |                                   |
| Control, and Countermeasure Plan  |                                   |
| (hereafter "SPCC Plan" or         |                                   |
| "Plan)," in writing, and in       |                                   |
| accordance with §112.7, and any   |                                   |
| other applicable section of this  |                                   |
| part.*                            |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 95. [Editorial                    |                                   |
|     change]{.underline}: We added |                                   |
|     an introduction to §112.3 as  |                                   |
|     an editorial device to        |                                   |
|     simplify the language in the  |                                   |
|     paragraphs of this section.   |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.3 Requirement to prepare | Sec. 112.3 Requirement to prepare |
| and implement a Spill Prevention, | and implement a Spill Prevention, |
| Control, and Countermeasure Plan. | Control, and Countermeasure Plan. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(a\) **If your onshore or        | \(a\) Owners or operators of      |
| offshore facility was in          | onshore and offshore facilities   |
| operation on or before August 16, | in operation on or before the     |
| 2002, you must maintain your      | effective date of this part that  |
| Plan, but must amend it, if       | have discharged or, due to their  |
| necessary to ensure compliance    | location, could reasonably be     |
| with this part, on or before      | expected to discharge oil in      |
| February 17, 2006, and must       | harmful quantities, as defined in |
| implement the amended Plan as     | 40 CFR part 110, into or upon the |
| soon as possible, but not later   | navigable waters of the United    |
| than August 18, 2006. If your     | States or adjoining shorelines,   |
| onshore or offshore facility      | shall prepare a Spill Prevention  |
| becomes operational after August  | Control and Countermeasure Plan   |
| 16, 2002, through August 18,      | (hereinafter "SPCC Plan"), in     |
| 2006, and could reasonably be     | writing and in accordance with    |
| expected to have a discharge as   | Sec. 112.7. Except as provided    |
| described in Sec. 112.1(b), you   | for in paragraph (f) of this      |
| must prepare a Plan on or before  | section, such SPCC Plan shall be  |
| August 18, 2006, and fully        | prepared within six months after  |
| implement it as soon as possible, | the effective date of this part   |
| but not later than August 18,     | and shall be fully implemented as |
| 2006.**                           | soon as possible, but not later   |
|                                   | than one year after the effective |
| \(b\) *If you are the owner or    | date of this part.                |
| operator* of an onshore or        |                                   |
| offshore facility that becomes    | \(b\) Owners or operators of      |
| operational after *August 18,     | onshore and offshore facilities   |
| 2006,* and could reasonably be    | that become operational after the |
| expected to *have a discharge as  | effective date of this part, and  |
| described in Sec. 112.1(b), you   | that have discharged or could     |
| must prepare and implement a Plan | reasonably be expected to         |
| before you begin operations.*     | discharge oil in harmful          |
|                                   | quantities, as defined in 40 CFR  |
| . . . . . . . . . . . . .         | part 110, into or upon the        |
|                                   | navigable waters of the United    |
|                                   | States or adjoining shorelines,   |
|                                   | shall prepare an SPCC Plan in     |
|                                   | accordance with Sec. 112.7.       |
|                                   | Except as provided for in         |
|                                   | paragraph (f) of this section,    |
|                                   | such SPCC Plan shall be prepared  |
|                                   | within six months after the date  |
|                                   | such facility begins operations   |
|                                   | and shall be fully implemented as |
|                                   | soon as possible, but not later   |
|                                   | than one year after such facility |
|                                   | begins operations.                |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 96. [Time period to prepare and   |                                   |
|     implement a Plan --           |                                   |
|     facilities currently in       |                                   |
|     operation]{.underline}: For a |                                   |
|     facility in operation on the  |                                   |
|     effective date of this rule   |                                   |
|     (August 16, 2002), an owner   |                                   |
|     or operator will have until   |                                   |
|     August 18, 2006 to prepare    |                                   |
|     and implement a new Plan. The |                                   |
|     owner or operator of a        |                                   |
|     facility in operation on the  |                                   |
|     effective date of this rule   |                                   |
|     will have until February 17,  |                                   |
|     2006 to amend his Plan and    |                                   |
|     must fully implement any      |                                   |
|     amendment as soon as          |                                   |
|     possible, but no later than   |                                   |
|     August 18, 2006. The owner or |                                   |
|     operator of a facility that   |                                   |
|     has had a discharge as        |                                   |
|     described in §112.1(b), or    |                                   |
|     reasonably could be expected  |                                   |
|     to have one, already has an   |                                   |
|     obligation to prepare and     |                                   |
|     implement a Plan.             |                                   |
|                                   |                                   |
| > For example, an owner or        |                                   |
| > operator whose facility became  |                                   |
| > operational four years before   |                                   |
| > the effective date of this rule |                                   |
| > is the owner or operator of a   |                                   |
| > facility currently in operation |                                   |
| > on the effective date of this   |                                   |
| > rule. He is therefore subject   |                                   |
| > to current §112.3(b), and       |                                   |
| > should have prepared his Plan   |                                   |
| > no later than three and one     |                                   |
| > half years before the effective |                                   |
| > date of this rule, and fully    |                                   |
| > implemented it no later than    |                                   |
| > three years before the          |                                   |
| > effective date of this rule.    |                                   |
| > Assuming that he still has not  |                                   |
| > prepared a Plan on the          |                                   |
| > effective date of the rule, he  |                                   |
| > must prepare and fully          |                                   |
| > implement a Plan immediately    |                                   |
| > that meets the requirements of  |                                   |
| > the revised rule. He is subject |                                   |
| > to penalties for violation of   |                                   |
| > current §112.3(b) until he does |                                   |
| > so, and the penalties would     |                                   |
| > accrue from the time the        |                                   |
| > original deadlines passed       |                                   |
| > before the effective date of    |                                   |
| > this rule. The owner or         |                                   |
| > operator of a facility which    |                                   |
| > became operational four years   |                                   |
| > before the effective date of    |                                   |
| > the rule, and who prepared and  |                                   |
| > fully implemented his Plan in   |                                   |
| > compliance with current         |                                   |
| > §112.3(b), must amend his Plan  |                                   |
| > by February 17, 2006 to meet    |                                   |
| > the requirements of the revised |                                   |
| > rule, and fully implement the   |                                   |
| > amended Plan as soon as         |                                   |
| > possible, but no later than     |                                   |
| > August 18, 2006.                |                                   |
| >                                 |                                   |
| > An owner or operator whose      |                                   |
| > facility became operational 7   |                                   |
| > months before the effective     |                                   |
| > date of the rule is an owner or |                                   |
| > operator of a facility          |                                   |
| > currently in operation and is   |                                   |
| > therefore subject to current    |                                   |
| > §112.3(b). He should have       |                                   |
| > prepared his Plan one month     |                                   |
| > before the effective date of    |                                   |
| > this rule. If he did, he will   |                                   |
| > have until February 17, 2006 to |                                   |
| > amend that Plan to meet the     |                                   |
| > requirements of the revised     |                                   |
| > rule, and must fully implement  |                                   |
| > the amended Plan as soon as     |                                   |
| > possible, but no later than     |                                   |
| > August 18, 2006. If he has not  |                                   |
| > prepared a Plan by the          |                                   |
| > effective date of the current   |                                   |
| > rule as required, then he must  |                                   |
| > prepare and fully implement a   |                                   |
| > Plan immediately that meets the |                                   |
| > requirements of the revised     |                                   |
| > rule. He is subject to          |                                   |
| > penalties for violation of      |                                   |
| > current §112.3(b) until he does |                                   |
| > so.                             |                                   |
| >                                 |                                   |
| > An owner or operator whose      |                                   |
| > facility became operational 4   |                                   |
| > months before the effective     |                                   |
| > date of this rule is also an    |                                   |
| > owner or operator of a facility |                                   |
| > currently in operation on the   |                                   |
| > effective date of this rule and |                                   |
| > therefore subject to the        |                                   |
| > current rule. However, in this  |                                   |
| > case, the deadline to prepare a |                                   |
| > Plan under the current          |                                   |
| > §112.3(b) has not yet passed.   |                                   |
| > Therefore, the owner or         |                                   |
| > operator is subject to the Plan |                                   |
| > preparation and implementation  |                                   |
| > deadlines in §112.3(a) of the   |                                   |
| > revised rule. He now has until  |                                   |
| > February 17, 2006 to prepare a  |                                   |
| > Plan, and he must fully         |                                   |
| > implement the Plan (or amended  |                                   |
| > Plan) as soon as possible after |                                   |
| > the Plan preparation deadline   |                                   |
| > of this rule, but no later than |                                   |
| > August 18, 2006.                |                                   |
| >                                 |                                   |
| > The owner or operator of a      |                                   |
| > facility in operation on the    |                                   |
| > effective date of this rule who |                                   |
| > is required to have prepared or |                                   |
| > implemented an SPCC Plan, but   |                                   |
| > has not, remains subject to     |                                   |
| > penalties for violation of      |                                   |
| > current SPCC regulations. Such  |                                   |
| > owner or operator is            |                                   |
| > consequently subject to civil   |                                   |
| > penalties for a violation of    |                                   |
| > current §112.3 if the time has  |                                   |
| > expired for preparation or      |                                   |
| > implementation of his Plan.     |                                   |
|                                   |                                   |
| 97. [Time period to prepare and   |                                   |
|     implement a Plan --           |                                   |
|     facilities becoming           |                                   |
|     operational within one year   |                                   |
|     after the effective date of   |                                   |
|     the rule (13 months following |                                   |
|     publication in the Federal    |                                   |
|     Register)]{.underline}: If an |                                   |
|     owner or operator begins      |                                   |
|     operations after August 16,   |                                   |
|     2002 through August 18, 2006, |                                   |
|     he will have until August 18, |                                   |
|     2006 to prepare and implement |                                   |
|     a Plan. The rationale for the |                                   |
|     time frame in the rule is     |                                   |
|     that the owner or operator    |                                   |
|     will have had notice of the   |                                   |
|     Plan preparation and          |                                   |
|     implementation requirements   |                                   |
|     from the publication date of  |                                   |
|     the rule. In addition, the    |                                   |
|     owner or operator would       |                                   |
|     already have had notice of    |                                   |
|     the general requirement for   |                                   |
|     preparation of an SPCC Plan   |                                   |
|     from the current part 112     |                                   |
|     regulations. Therefore, the   |                                   |
|     owner or operator of a        |                                   |
|     facility planning to become   |                                   |
|     operational after the         |                                   |
|     effective date of this rule   |                                   |
|     should start working on his   |                                   |
|     Plan in time to have it fully |                                   |
|     implemented within the        |                                   |
|     specified time frame.         |                                   |
|                                   |                                   |
| 98. [Time period to prepare and   |                                   |
|     implement a Plan -- new       |                                   |
|     facilities]{.underline}:      |                                   |
|     Experience with the           |                                   |
|     implementation of this        |                                   |
|     regulation shows that many    |                                   |
|     types of failures occur       |                                   |
|     during or shortly following   |                                   |
|     startup and that virtually    |                                   |
|     all prevention, containment,  |                                   |
|     and countermeasure practices  |                                   |
|     are part of the facility      |                                   |
|     design or construction.       |                                   |
|     Therefore, it can be          |                                   |
|     beneficial to the environment |                                   |
|     and carries out the intent of |                                   |
|     the statute if a facility     |                                   |
|     Plan is prepared and          |                                   |
|     implemented before startup.   |                                   |
|     However, to provide           |                                   |
|     sufficient notice to new      |                                   |
|     facilities that a Plan must   |                                   |
|     be prepared and implemented   |                                   |
|     before beginning operations,  |                                   |
|     we have delayed               |                                   |
|     implementation of this        |                                   |
|     section until August          |                                   |
|     18, 2006. If the owner or     |                                   |
|     operator needs an extension   |                                   |
|     to comply, he may seek one    |                                   |
|     under §112.3(f). A three-year |                                   |
|     phase-in period from the      |                                   |
|     effective date of the rule is |                                   |
|     in line with legitimate       |                                   |
|     business and investment       |                                   |
|     expectations. It allows a     |                                   |
|     reasonable period of time for |                                   |
|     facilities to undertake       |                                   |
|     necessary constructions,      |                                   |
|     purchases of equipment, or to |                                   |
|     effect changes of procedures. |                                   |
|     And again, the general        |                                   |
|     requirement for preparation   |                                   |
|     of a Plan already exists in   |                                   |
|     part 112, so new facilities   |                                   |
|     should already have been      |                                   |
|     aware of the need for a Plan. |                                   |
|                                   |                                   |
| 99. [Extensions]{.underline}: We  |                                   |
|     understand that some          |                                   |
|     facilities may need           |                                   |
|     extensions of time to comply. |                                   |
|     Extensions may be necessary   |                                   |
|     to secure necessary manpower  |                                   |
|     or equipment, or to construct |                                   |
|     necessary structures. If an   |                                   |
|     extension is necessary, the   |                                   |
|     owner or operator may seek    |                                   |
|     one under §112.3(f). If no    |                                   |
|     Plan amendments are necessary |                                   |
|     after the owner or operator   |                                   |
|     reviews the rule, he must     |                                   |
|     maintain the current Plan and |                                   |
|     cross-reference its elements  |                                   |
|     to the redesignated           |                                   |
|     requirements.                 |                                   |
|                                   |                                   |
| 100. [Acquired                    |                                   |
|      facilities]{.underline}: For |                                   |
|      SPCC purposes, we consider   |                                   |
|      acquired facilities as       |                                   |
|      facilities that are already  |                                   |
|      operating rather than new    |                                   |
|      facilities because these     |                                   |
|      facilities must already have |                                   |
|      SPCC Plans if they exceed    |                                   |
|      applicable thresholds.       |                                   |
|                                   |                                   |
| 101. [Start of                    |                                   |
|      operations]{.underline}:     |                                   |
|      Start of operations is when  |                                   |
|      the owner or operator begins |                                   |
|      to store or use oil at a     |                                   |
|      facility. Often this may be  |                                   |
|      a testing or calibration     |                                   |
|      period prior to start up of  |                                   |
|      normal operations. With the  |                                   |
|      time line we have provided,  |                                   |
|      no response team is          |                                   |
|      required, but such a team    |                                   |
|      may be a good engineering    |                                   |
|      practice. At a minimum, the  |                                   |
|      owner or operator must       |                                   |
|      prepare and implement a Plan |                                   |
|      as required by this rule.    |                                   |
|                                   |                                   |
| 102. [Small                       |                                   |
|      facilities]{.underline}:     |                                   |
|      With the time line we have   |                                   |
|      provided, all facilities,    |                                   |
|      large or small, have         |                                   |
|      adequate notice and time in  |                                   |
|      which to prepare and         |                                   |
|      implement a Plan.            |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.3 Requirement to prepare | Sec. 112.3 Requirement to prepare |
| and implement a Spill Prevention, | and implement a Spill Prevention, |
| Control, and Countermeasure Plan. | Control, and Countermeasure Plan. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(c\) *If you are the owner or    | \(c\) Owners or operators of      |
| operator* of an onshore or        | onshore and offshore mobile or    |
| offshore mobile facility, such as | portable facilities, such as      |
| an onshore drilling or workover   | onshore drilling or workover      |
| rig, barge mounted offshore       | rigs, barge mounted offshore      |
| drilling or workover rig, or      | drilling or workover rigs, and    |
| portable fueling facility, *you   | portable fueling facilities shall |
| must prepare, implement, and      | prepare and implement an SPCC     |
| maintain a facility Plan* as      | Plan as required by paragraphs    |
| required by *this section*. **You | (a), (b) and (d) of this section. |
| must maintain your Plan, but must | The owners or operators of such   |
| amend and implement it, if        | facility need not prepare a new   |
| necessary to ensure compliance    | SPCC Plan each time the facility  |
| with this part, on or before      | is moved to a new site. The SPCC  |
| August 18, 2006. If your onshore  | Plan may be a general plan,       |
| or offshore mobile facility       | prepared in accordance with Sec.  |
| becomes operational after August  | 112.7, using good engineering     |
| 18, 2006, and could reasonably be | practice. When the mobile or      |
| expected to have a discharge as   | portable facility is moved, it    |
| described in Sec. 112.1(b), you   | must be located and installed     |
| must prepare and implement a Plan | using the spill prevention        |
| before you begin operations.**    | practices outlined in the SPCC    |
| *This provision does not require  | Plan for the facility. No mobile  |
| that you prepare a new Plan each  | or portable facility subject to   |
| time you move the facility to a   | this regulation shall operate     |
| new site.* The Plan may be a      | unless the SPCC Plan has been     |
| general Plan. *When you move* the | implemented. The SPCC Plan shall  |
| mobile or portable facility, *you | only apply while the facility is  |
| must locate and install it using  | in a fixed (non-transportation)   |
| the discharge* prevention         | operating mode.                   |
| practices outlined in the Plan    |                                   |
| for the facility. *The Plan is    | . . . . . . . . . . . . .         |
| applicable* only while the        |                                   |
| facility is in a fixed            |                                   |
| (non-transportation) operating    |                                   |
| mode.                             |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 103. [Background]{.underline}:    |                                   |
|      Physical surroundings of     |                                   |
|      mobile facilities are        |                                   |
|      subject to change. However,  |                                   |
|      changing physical            |                                   |
|      surroundings should not      |                                   |
|      exempt mobile facilities     |                                   |
|      from the rule. Mobile        |                                   |
|      facilities may have          |                                   |
|      "general" Plans and need not |                                   |
|      prepare a new Plan each time |                                   |
|      the facility is moved to a   |                                   |
|      new site. When a mobile      |                                   |
|      facility is moved, it must   |                                   |
|      be located and installed     |                                   |
|      using the spill prevention   |                                   |
|      practices outlined in the    |                                   |
|      Plan for the facility.       |                                   |
|                                   |                                   |
| > Mobile facilities currently in  |                                   |
| > operation are assumed to have   |                                   |
| > implemented Plans already,      |                                   |
| > because they are currently      |                                   |
| > legally required to do so. Both |                                   |
| > new and existing mobile         |                                   |
| > facilities must have Plans      |                                   |
| > prepared and fully implemented  |                                   |
| > before operations may begin. If |                                   |
| > after the owner or operator     |                                   |
| > reviews the rule, and he        |                                   |
| > decides that no amendment to    |                                   |
| > the Plan is necessary, except   |                                   |
| > for cross-referencing, he may   |                                   |
| > continue to operate under their |                                   |
| > existing Plan, but must         |                                   |
| > promptly cross-reference the    |                                   |
| > provisions in the Plan to the   |                                   |
| > new format. Extension requests  |                                   |
| > under §112.3(f) are also        |                                   |
| > available for mobile facilities |                                   |
| > under the proper conditions.    |                                   |
|                                   |                                   |
| 104. [Multi-well drilling         |                                   |
|      programs]{.underline}: It is |                                   |
|      not necessary to amend the   |                                   |
|      Plan every time an owner or  |                                   |
|      operator drills a well in a  |                                   |
|      field containing multiple    |                                   |
|      wells. A general Plan will   |                                   |
|      suffice.                     |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.3 Requirement to prepare | Sec. 112.3 Requirement to prepare |
| and implement a Spill Prevention, | and implement a Spill Prevention, |
| Control, and Countermeasure Plan. | Control, and Countermeasure Plan. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| *(d) A licensed Professional      | \(d\) No SPCC Plan shall be       |
| Engineer must review and certify  | effective to satisfy the          |
| a Plan for it to be effective to  | requirements of this part unless  |
| satisfy the requirements of this  | it has been reviewed by a         |
| part.*                            | Registered Professional Engineer  |
|                                   | and certified to by such          |
| *(1)* By means of this            | Professional Engineer. By means   |
| certification the *Professional   | of this certification the         |
| Engineer attests:*                | engineer, having examined the     |
|                                   | facility and being familiar with  |
| **(i) That he is familiar with    | the provisions of this part,      |
| the requirements of this part;**  | shall attest that the SPCC Plan   |
|                                   | has been prepared in accordance   |
| **(ii) That he or his agent has   | with good engineering practices.  |
| visited and examined the          | Such certification shall in no    |
| facility;**                       | way relieve the owner or operator |
|                                   | of an onshore or offshore         |
| **(iii)** That the Plan has been  | facility of his duty to prepare   |
| prepared in accordance with good  | and fully implement such Plan in  |
| engineering practice, *including  | accordance with Sec. 112.7, as    |
| consideration of applicable       | required by paragraphs (a), (b)   |
| industry standards, and with the  | and (c) of this section.          |
| requirements of this part;*       |                                   |
|                                   | . . . . . . . . . . . . .         |
| **(iv) That procedures for        |                                   |
| required inspections and testing  |                                   |
| have been established;**          |                                   |
|                                   |                                   |
| **and**                           |                                   |
|                                   |                                   |
| **(v) That the Plan is adequate   |                                   |
| for the facility.**               |                                   |
|                                   |                                   |
| *(2)* Such certification shall in |                                   |
| no way relieve the owner or       |                                   |
| operator of a facility of his     |                                   |
| duty to prepare and fully         |                                   |
| implement such Plan in accordance |                                   |
| with the requirements *of this    |                                   |
| part.*                            |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 105. [Certification               |                                   |
|      requirement]{.underline}: PE |                                   |
|      certification of all         |                                   |
|      facilities, both large and   |                                   |
|      small -- a discharge as      |                                   |
|      described in §112.1(b) from  |                                   |
|      any size facility may be     |                                   |
|      harmful, and PE review and   |                                   |
|      certification of a Plan may  |                                   |
|      help prevent that discharge. |                                   |
|      Nevertheless, we note that   |                                   |
|      under the revised rule many  |                                   |
|      small facilities will not be |                                   |
|      regulated by the SPCC        |                                   |
|      program at all. See          |                                   |
|      §112.1(d)(2).                |                                   |
|                                   |                                   |
| > A PE's certification of a Plan  |                                   |
| > means that the PE is certifying |                                   |
| > that the facility's equipment,  |                                   |
| > design, construction, and       |                                   |
| > maintenance procedures used to  |                                   |
| > implement the Plan are in       |                                   |
| > accordance with good            |                                   |
| > engineering practices. Good     |                                   |
| > engineering practices are       |                                   |
| > likely to prevent discharges.   |                                   |
| > PE certification, to be         |                                   |
| > effective for SPCC purposes,    |                                   |
| > must be completed in accordance |                                   |
| > with the law of the State in    |                                   |
| > which the PE is working. For    |                                   |
| > example, some States require a  |                                   |
| > PE to apply his seal to         |                                   |
| > effectuate a certification.     |                                   |
| > Others do not.                  |                                   |
|                                   |                                   |
| 106. [Certification by other      |                                   |
|      environmental                |                                   |
|      professionals]{.underline}:  |                                   |
|      Certification by a PE,       |                                   |
|      rather than by another       |                                   |
|      environmental professional,  |                                   |
|      is necessary to ensure the   |                                   |
|      application of good          |                                   |
|      engineering judgment. A PE   |                                   |
|      must obtain a Bachelor of    |                                   |
|      Engineering degree from an   |                                   |
|      accredited engineering       |                                   |
|      program, pass two            |                                   |
|      comprehensive national       |                                   |
|      examinations, and            |                                   |
|      demonstrate an acceptable    |                                   |
|      level (usually four          |                                   |
|      additional years) of         |                                   |
|      engineering experience. A    |                                   |
|      licensed engineer is also    |                                   |
|      required to practice         |                                   |
|      engineering solely within    |                                   |
|      his areas of competence and  |                                   |
|      to protect the public        |                                   |
|      health, safety, and welfare. |                                   |
|      All licensed PEs, no matter  |                                   |
|      who their employer, are      |                                   |
|      required by State laws and   |                                   |
|      codes of ethics to discharge |                                   |
|      their engineering            |                                   |
|      responsibilities accurately  |                                   |
|      and honestly. Furthermore,   |                                   |
|      State governments have and   |                                   |
|      do exercise the authority to |                                   |
|      discipline licensed PEs who  |                                   |
|      fail to comply with State    |                                   |
|      laws and requirements. Other |                                   |
|      environmental professionals  |                                   |
|      may not have similar         |                                   |
|      expertise nor be held to     |                                   |
|      similar standards as the     |                                   |
|      licensed PE.                 |                                   |
|                                   |                                   |
| > We require either the PE or the |                                   |
| > PE's agent to visit and examine |                                   |
| > the facility before the PE      |                                   |
| > certifies the Plan. An agent    |                                   |
| > might include an engineering    |                                   |
| > technician, technologist,       |                                   |
| > graduate engineer, or other     |                                   |
| > qualified person to prepare     |                                   |
| > preliminary reports, studies,   |                                   |
| > and evaluations after visiting  |                                   |
| > the site. The PE, after         |                                   |
| > reviewing the agent's work,     |                                   |
| > could then legitimately certify |                                   |
| > the Plan. Nevertheless, in all  |                                   |
| > cases the PE must ensure that   |                                   |
| > his certification represents an |                                   |
| > exercise of good engineering    |                                   |
| > judgment. If that requires a    |                                   |
| > personal site visit, the PE     |                                   |
| > must visit the facility himself |                                   |
| > before certifying the Plan.     |                                   |
|                                   |                                   |
| 107. [Good engineering            |                                   |
|      practice]{.underline}: Good  |                                   |
|      engineering practice "will   |                                   |
|      require that appropriate     |                                   |
|      provisions of applicable     |                                   |
|      codes, standards, and        |                                   |
|      regulations be incorporated  |                                   |
|      into the SPCC Plan for a     |                                   |
|      particular facility" (56 FR  |                                   |
|      54617-18). The revised rule  |                                   |
|      specifically includes        |                                   |
|      consideration of applicable  |                                   |
|      industry standards as an     |                                   |
|      element of the PE's          |                                   |
|      attestation that the Plan    |                                   |
|      has been prepared in         |                                   |
|      accordance with good         |                                   |
|      engineering practice.        |                                   |
|      Consideration of applicable  |                                   |
|      industry standards is an     |                                   |
|      essential element of good    |                                   |
|      engineering practice.        |                                   |
|      Industry standards include   |                                   |
|      industry regulations,        |                                   |
|      standards, codes,            |                                   |
|      specifications,              |                                   |
|      recommendations, recommended |                                   |
|      practices, publications,     |                                   |
|      bulletins, and other         |                                   |
|      materials. See §112.7(a)(1)  |                                   |
|      and (j). The owner or        |                                   |
|      operator must specifically   |                                   |
|      document any industry        |                                   |
|      standard used in a Plan to   |                                   |
|      comply with this section.    |                                   |
|      The documentation should     |                                   |
|      include the name of the      |                                   |
|      industry standard, and the   |                                   |
|      year or edition of that      |                                   |
|      standard. However, we have   |                                   |
|      chosen not to incorporate    |                                   |
|      specific industry standards  |                                   |
|      into the rule.               |                                   |
|                                   |                                   |
| 108. [Testing]{.underline}:       |                                   |
|      Procedures for inspections   |                                   |
|      and tests must have been     |                                   |
|      established, not necessarily |                                   |
|      completed, when the PE is    |                                   |
|      present. The PE is not       |                                   |
|      normally present at time of  |                                   |
|      completion. It is also not   |                                   |
|      necessary that the PE        |                                   |
|      oversee all testing, because |                                   |
|      the PE only shares           |                                   |
|      responsibility with the      |                                   |
|      owner or operator for        |                                   |
|      establishing procedures, not |                                   |
|      for their implementation     |                                   |
|      (which is the sole           |                                   |
|      responsibility of the owner  |                                   |
|      or operator). However, the   |                                   |
|      PE may include in the Plan a |                                   |
|      schedule for testing, with   |                                   |
|      specific time frames for the |                                   |
|      completion of that testing.  |                                   |
|                                   |                                   |
| 109. [Non-technical               |                                   |
|      changes]{.underline}: PE     |                                   |
|      certification is not         |                                   |
|      required for items that do   |                                   |
|      not require engineering      |                                   |
|      judgment, such as telephone  |                                   |
|      numbers; names on lists;     |                                   |
|      some, but not all, product   |                                   |
|      changes (see the response to |                                   |
|      comments of §112.5(a));      |                                   |
|      ownership changes; or, any   |                                   |
|      other changes not requiring  |                                   |
|      engineering judgment.        |                                   |
|                                   |                                   |
| 110. [Time limit for PE           |                                   |
|      certification]{.underline}:  |                                   |
|      There is not a time limit on |                                   |
|      PE certification, because    |                                   |
|      the rule ensures that the PE |                                   |
|      reviews the Plan at          |                                   |
|      appropriate times. Thus,     |                                   |
|      current PE certifications    |                                   |
|      remain valid. But new        |                                   |
|      certifications after the     |                                   |
|      effective date of this rule  |                                   |
|      must include the required    |                                   |
|      attestations. An owner or    |                                   |
|      operator must review his     |                                   |
|      Plan at least every five     |                                   |
|      years (under the revised     |                                   |
|      rule), and amend it if new   |                                   |
|      technology is warranted.     |                                   |
|      Also, an owner or operator   |                                   |
|      must amend his Plan to       |                                   |
|      conform with any applicable  |                                   |
|      rule requirements, or at any |                                   |
|      time he makes any change in  |                                   |
|      facility design,             |                                   |
|      construction, operation, or  |                                   |
|      maintenance that materially  |                                   |
|      affects its potential for a  |                                   |
|      discharge as described in    |                                   |
|      §112.1(b). All material      |                                   |
|      amendments require PE        |                                   |
|      certification. Because a     |                                   |
|      Plan will likely require one |                                   |
|      or more amendments requiring |                                   |
|      PE review and certification, |                                   |
|      a time limit on PE           |                                   |
|      certifications is            |                                   |
|      unnecessary. See §112.5(c).  |                                   |
|                                   |                                   |
| 111. [Other PE                    |                                   |
|      issues]{.underline}: The PE  |                                   |
|      need not be independent of   |                                   |
|      the facility. Nor is there a |                                   |
|      requirement that he not have |                                   |
|      a financial interest in it.  |                                   |
|      We believe the professional  |                                   |
|      integrity of a PE and the    |                                   |
|      professional oversight of    |                                   |
|      boards licensing PEs are     |                                   |
|      sufficient to prevent any    |                                   |
|      abuses. In addition, it is   |                                   |
|      not necessary that the PE be |                                   |
|      licensed in the same State   |                                   |
|      as the facility, because the |                                   |
|      SPCC program is national in  |                                   |
|      scope and therefore State    |                                   |
|      expertise is unnecessary.    |                                   |
|      While States may prescribe   |                                   |
|      more stringent requirements  |                                   |
|      than EPA, a PE may           |                                   |
|      familiarize himself with any |                                   |
|      particular requirements a    |                                   |
|      State may impose and address |                                   |
|      them in the Plan. See        |                                   |
|      §112.7(j). Furthermore,      |                                   |
|      violations of PE ethics may  |                                   |
|      be handled by the licensing  |                                   |
|      board of the PE's state no   |                                   |
|      matter where the work is     |                                   |
|      done.                        |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.3 Requirement to prepare | Sec. 112.3 Requirement to prepare |
| and implement a Spill Prevention, | and implement a Spill Prevention, |
| Control, and Countermeasure Plan. | Control, and Countermeasure Plan. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(e\) *If you are the owner or    | \(e\) Owners or operators of a    |
| operator of a facility for which  | facility for which an SPCC Plan   |
| a Plan is required under this     | is required pursuant to paragraph |
| section, you must*:               | (a), (b) or (c) of this section   |
|                                   | shall maintain a complete copy of |
| *(1)* Maintain a complete copy of | the Plan at such facility if the  |
| the Plan at *the* facility if the | facility is normally attended at  |
| facility is normally attended at  | least 8 hours per day, or at the  |
| least **four** hours per day, or  | nearest field office if the       |
| at the nearest field office if    | facility is not so attended, and  |
| the facility is not so attended,  | shall make such Plan available to |
| *and*                             | the Regional Administrator for    |
|                                   | on-site review during normal      |
| *(2) Have* the Plan available to  | working hours.                    |
| the Regional Administrator for    |                                   |
| on-site review during normal      | . . . . . . . . . . . . .         |
| working hours.                    |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 112. [Nearest field office,       |                                   |
|      normal working               |                                   |
|      hours]{.underline}: The term |                                   |
|      "nearest field office" in    |                                   |
|      paragraph (e)(1) means the   |                                   |
|      office with operational      |                                   |
|      responsibility for the       |                                   |
|      facility, or the emergency   |                                   |
|      response center for the      |                                   |
|      facility, because those      |                                   |
|      locations ensure             |                                   |
|      accessibility for personnel  |                                   |
|      who need to respond in case  |                                   |
|      of a discharge. The term     |                                   |
|      "normal working hours" in    |                                   |
|      paragraph (e)(2) refers to   |                                   |
|      the working hours of the     |                                   |
|      facility or the field        |                                   |
|      office, not EPA.             |                                   |
|                                   |                                   |
| 113. [Plan                        |                                   |
|      availability]{.underline}:   |                                   |
|      The Plan must be available   |                                   |
|      at the facility if it is     |                                   |
|      normally attended at least   |                                   |
|      four hours per day, or at    |                                   |
|      the nearest field office if  |                                   |
|      it is not so attended. A     |                                   |
|      Plan must always be          |                                   |
|      available without advance    |                                   |
|      notice, because an           |                                   |
|      inspection might not be      |                                   |
|      scheduled. The owner or      |                                   |
|      operator is not required to  |                                   |
|      locate a Plan at an          |                                   |
|      unattended facility because  |                                   |
|      of the difficulty that might |                                   |
|      ensue when emergency         |                                   |
|      personnel try to find the    |                                   |
|      Plan. However, the owner or  |                                   |
|      operator may keep a Plan at  |                                   |
|      an unattended facility. If   |                                   |
|      the owner or operator does   |                                   |
|      not locate the Plan at the   |                                   |
|      facility, they must locate   |                                   |
|      it at the nearest field      |                                   |
|      office.                      |                                   |
|                                   |                                   |
| 114. [State and local             |                                   |
|      agencies]{.underline}: The   |                                   |
|      owner or operator is not     |                                   |
|      required to file or locate a |                                   |
|      Plan with a State Emergency  |                                   |
|      Response Commission or Local |                                   |
|      Emergency Planning Committee |                                   |
|      or other State or local      |                                   |
|      agency because the           |                                   |
|      distribution would           |                                   |
|      unjustifiably increase the   |                                   |
|      information collection       |                                   |
|      burden of the rule, and not  |                                   |
|      all committees or agencies   |                                   |
|      may want copies of SPCC      |                                   |
|      Plans. Should a State wish   |                                   |
|      to require filing of a       |                                   |
|      Federal SPCC Plan with a     |                                   |
|      State or local committee or  |                                   |
|      agency, it may do so. No     |                                   |
|      Federal requirement is       |                                   |
|      necessary.                   |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.3 Requirement to prepare | Sec. 112.3 Requirement to prepare |
| and implement a Spill Prevention, | and implement a Spill Prevention, |
| Control, and Countermeasure Plan. | Control, and Countermeasure Plan. |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(f\) *Extension* of time.        | \(f\) Extensions of time.         |
|                                   |                                   |
| \(1\) The Regional Administrator  | \(1\) The Regional Administrator  |
| may authorize an extension of     | may authorize an extension of     |
| time for the preparation and full | time for the preparation and full |
| implementation of *a Plan*, *or   | implementation of an SPCC Plan    |
| any amendment thereto,* beyond    | beyond the time permitted for the |
| the time permitted for the        | preparation and implementation of |
| preparation, implementation, or   | an SPCC Plan pursuant to          |
| amendment of *a Plan* *under this | paragraph (a), (b) or (c) of this |
| part*, *when* he finds that the   | section where he finds that the   |
| owner or operator of a facility   | owner or operator of a facility   |
| subject to *this section*, cannot | subject to paragraphs (a), (b) or |
| fully comply with the             | (c) of this section cannot fully  |
| requirements as a result of       | comply with the requirements of   |
| either nonavailability of         | this part as a result of either   |
| qualified personnel, or delays in | nonavailability of qualified      |
| construction or equipment         | personnel, or delays in           |
| delivery beyond the control and   | construction or equipment         |
| without the fault of such owner   | delivery beyond the control and   |
| or operator or *his agents* or    | without the fault of such owner   |
| employees.                        | or operator or their respective   |
|                                   | agents or employees.              |
| \(2\) *If you are an* owner or    |                                   |
| operator seeking an extension of  | \(2\) Any owner or operator       |
| time under paragraph (f)(1) of    | seeking an extension of time      |
| this section, *you* may submit a  | pursuant to paragraph (f)(1) of   |
| *written extension request* to    | this section may submit a letter  |
| the Regional Administrator. Your  | of request to the Regional        |
| *request must include*:           | Administrator. Such letter shall  |
|                                   | include:                          |
| *(i)* A full explanation of the   |                                   |
| cause for any such delay and the  | \(i\) A complete copy of the SPCC |
| specific aspects of *the Plan*    | Plan, if completed;               |
| affected by the delay;            |                                   |
|                                   | \(ii\) A full explanation of the  |
| \(ii\) A full discussion of       | cause for any such delay and the  |
| actions being taken or            | specific aspects of the SPCC Plan |
| contemplated to minimize or       | affected by the delay;            |
| mitigate such delay; *and*        |                                   |
|                                   | \(iii\) A full discussion of      |
| \(iii\) A proposed time schedule  | actions being taken or            |
| for the implementation of any     | contemplated to minimize or       |
| corrective actions being taken or | mitigate such delay;              |
| contemplated, including interim   |                                   |
| dates for completion of tests or  | \(iv\) A proposed time schedule   |
| studies, installation and         | for the implementation of any     |
| operation of any necessary        | corrective actions being taken or |
| equipment, or other preventive    | contemplated, including interim   |
| measures. In addition you may     | dates for completion of tests or  |
| present additional oral or        | studies, installation and         |
| written statements in support of  | operation of any necessary        |
| *your extension request*.         | equipment or other preventive     |
|                                   | measures. In addition, such owner |
| \(3\) The submission of a         | or operator may present           |
| *written extension request* under | additional oral or written        |
| paragraph (f)(2) of this section  | statements in support of this     |
| *does not relieve you of your     | letter of request.                |
| obligation* to comply with the    |                                   |
| requirements *of this part. The   | \(3\) The submission of a letter  |
| Regional Administrator may        | of request for extension of time  |
| request a copy of your Plan to    | pursuant to paragraph (f)(2) of   |
| evaluate the extension request.   | this section shall in no way      |
| When the Regional Administrator   | relieve the owner or operator     |
| authorizes an extension of time*  | from his obligation to comply     |
| for particular equipment or other | with the requirements of Sec.     |
| specific aspects of the *Plan,*   | 112.3 (a), (b) or (c). Where an   |
| such extension *does not affect   | extension of time is authorized   |
| your* obligation to comply with   | by the Regional Administrator for |
| the *requirements* *related* to   | particular equipment or other     |
| other equipment or other specific | specific aspects of the SPCC      |
| aspects of the *Plan* for which   | Plan, such extension shall in no  |
| *the Regional Administrator has   | way affect the owner's or         |
| not expressly authorized an       | operator's obligation to comply   |
| extension.*                       | with the requirements of Sec.     |
|                                   | 112.3 (a), (b) or (c) with        |
|                                   | respect to other equipment or     |
|                                   | other specific aspects of the     |
|                                   | SPCC Plan for which an extension  |
|                                   | of time has not been expressly    |
|                                   | authorized.                       |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 115. [Existing Plan               |                                   |
|      requirements]{.underline}:   |                                   |
|      We have broadened the scope  |                                   |
|      of extension requests to any |                                   |
|      facility that can justify    |                                   |
|      the request, because for     |                                   |
|      every type of facility there |                                   |
|      may be cases in which an     |                                   |
|      extension can be justified.  |                                   |
|      Existing fixed and mobile    |                                   |
|      facilities may experience    |                                   |
|      delays in construction or    |                                   |
|      equipment delivery or may    |                                   |
|      lack qualified personnel,    |                                   |
|      and these circumstances may  |                                   |
|      be beyond the control of,    |                                   |
|      and without the fault of,    |                                   |
|      the owner or operator. We    |                                   |
|      also believe that the        |                                   |
|      submission of the entire     |                                   |
|      Plan as a matter of course   |                                   |
|      is unnecessary to evaluate   |                                   |
|      each extension request.      |                                   |
|      Therefore, we have amended   |                                   |
|      the rule to provide that the |                                   |
|      Regional Administrator may   |                                   |
|      request the facility Plan if |                                   |
|      he deems it appropriate. But |                                   |
|      we do not believe that he    |                                   |
|      will always do so. It may be |                                   |
|      necessary under some         |                                   |
|      circumstances. The Regional  |                                   |
|      Administrator also retains   |                                   |
|      discretion to request the    |                                   |
|      Plan after on-site review,   |                                   |
|      or after certain discharges. |                                   |
|      *See* §112.4(a)(9) and (d).  |                                   |
|                                   |                                   |
| 116. [Amendments]{.underline}: We |                                   |
|      added a provision for an     |                                   |
|      extension of time to prepare |                                   |
|      and implement an amendment   |                                   |
|      to the Plan, as well as an   |                                   |
|      entire Plan. We believe that |                                   |
|      there may be cases in which  |                                   |
|      an extension can be          |                                   |
|      justified for a Plan         |                                   |
|      amendment because the same   |                                   |
|      extenuating circumstances    |                                   |
|      may apply.                   |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Section 112.4]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.4 Amendment of Spill      | Sec.112.4 Amendment of Spill      |
| Prevention, Control, and          | Prevention, Control, and          |
| Countermeasure Plan by Regional   | Countermeasure Plan by Regional   |
| Administrator.                    | Administrator.                    |
|                                   |                                   |
| *If you are the owner or operator | \(a\) Notwithstanding compliance  |
| of a facility subject to this     | with Sec. 112.3, whenever a       |
| part, you must:*                  | facility subject to Sec. 112.3    |
|                                   | (a), (b) or (c) has: Discharged   |
| \(a\) Notwithstanding compliance  | more than 1,000 U.S. gallons of   |
| with *§*112.3, whenever *your     | oil into or upon the navigable    |
| facility has discharged* more     | waters of the United States or    |
| than 1,000 U.S. gallons of oil    | adjoining shorelines in a single  |
| *in a single discharge as         | spill event, or discharged oil in |
| described in §112.1(b), or        | harmful quantities, as defined in |
| discharged more than* **42**      | 40 CFR part 110, into or upon the |
| *U.S. gallons of oil in each of   | navigable waters of the United    |
| two discharges as described in    | States or adjoining shorelines in |
| §112.1(b),* occurring within any  | two spill events, reportable      |
| twelve month period, *submit the  | under section 311(b)(5) of the    |
| following* information to the     | FWPCA, occurring within any       |
| Regional Administrator within 60  | twelve month period, the owner or |
| days from the time the facility   | operator of such facility shall   |
| becomes subject to this section:  | submit to the Regional            |
|                                   | Administrator, within 60 days     |
| \(1\) Name of the facility;       | from the time such facility       |
|                                   | becomes subject to this section,  |
| \(2\) *Your name*;                | the following:                    |
|                                   |                                   |
| \(3\) Location of the facility;   | \(1\) Name of the facility;       |
|                                   |                                   |
| \(4\) Maximum storage or handling | \(2\) Name(s) of the owner or     |
| capacity of the facility and      | operator of the facility;         |
| normal daily throughput;          |                                   |
|                                   | \(3\) Location of the facility;   |
| *(5)* Corrective action and       |                                   |
| countermeasures you have taken,   | \(4\) Date and year of initial    |
| including a description of        | facility operation;               |
| equipment repairs *and*           |                                   |
| replacements;                     | \(5\) Maximum storage or handling |
|                                   | capacity of the facility and      |
| \(6\) An *adequate* description   | normal daily throughput;          |
| of the facility, including maps,  |                                   |
| flow diagrams, and topographical  | \(6\) Description of the          |
| maps, *as necessary;*             | facility, including maps, flow    |
|                                   | diagrams, and topographical maps; |
| \(7\) The cause of such           |                                   |
| *discharge* *as described in      | \(7\) A complete copy of the SPCC |
| §112.1(b),* including a failure   | Plan with any amendments;         |
| analysis of the system or         |                                   |
| subsystem in which the failure    | \(8\) The cause(s) of such spill, |
| occurred;                         | including a failure analysis of   |
|                                   | system or subsystem in which the  |
| \(8\) Additional preventive       | failure occurred;                 |
| measures you have taken or        |                                   |
| contemplated to minimize the      | \(9\) The corrective actions      |
| possibility of recurrence; and    | and/or countermeasures taken,     |
|                                   | including an adequate description |
| \(9\) Such other information as   | of equipment repairs and/or       |
| the Regional Administrator may    | replacements;                     |
| reasonably require pertinent to   |                                   |
| the Plan or *discharge*.          | \(10\) Additional preventive      |
|                                   | measures taken or contemplated to |
| . . . . . . . . . . . . .         | minimize the possibility of       |
|                                   | recurrence;                       |
|                                   |                                   |
|                                   | \(11\) Such other information as  |
|                                   | the Regional Administrator may    |
|                                   | reasonably require pertinent to   |
|                                   | the Plan or spill event.          |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 117. [Background]{.underline}: We |                                   |
|      revised the geographic scope |                                   |
|      of the rule in accordance    |                                   |
|      with the CWA amendments, by  |                                   |
|      using the phase "discharge   |                                   |
|      as described in §112.1(b)."  |                                   |
|      We also reduced the amount   |                                   |
|      of information that must     |                                   |
|      minimally be submitted to    |                                   |
|      the RA.                      |                                   |
|                                   |                                   |
| 118. [Submission of entire        |                                   |
|      Plan]{.underline}: CWA       |                                   |
|      section 311(m) provides EPA  |                                   |
|      with the authority to        |                                   |
|      require an owner or operator |                                   |
|      of a facility subject to     |                                   |
|      section 311 to make reports  |                                   |
|      and provide information to   |                                   |
|      carry out the objectives of  |                                   |
|      section 311; and CWA section |                                   |
|      308(a) provides us with      |                                   |
|      authority to require the     |                                   |
|      owner or operator of any     |                                   |
|      "point source" to make such  |                                   |
|      reports as the Administrator |                                   |
|      may reasonably require. The  |                                   |
|      submission of the entire     |                                   |
|      Plan is not always necessary |                                   |
|      when reporting discharges    |                                   |
|      under §112.4(a). We believe  |                                   |
|      the information now required |                                   |
|      to be submitted is adequate  |                                   |
|      to assess the cause of       |                                   |
|      discharge and the ability of |                                   |
|      the facility to prevent      |                                   |
|      future discharges. If the RA |                                   |
|      believes that the entire     |                                   |
|      Plan has utility, he can     |                                   |
|      request it. However, we do   |                                   |
|      not believe that RAs will    |                                   |
|      always require submission of |                                   |
|      the Plan, or other           |                                   |
|      information not required, as |                                   |
|      a matter of course. RAs may  |                                   |
|      use their administrative     |                                   |
|      discretion not to require    |                                   |
|      the submission of Plan       |                                   |
|      information or other         |                                   |
|      additional information.      |                                   |
|                                   |                                   |
| 119. [Discharge threshold -- 42   |                                   |
|      gallons]{.underline}: We     |                                   |
|      raised the threshold for     |                                   |
|      reporting two discharges as  |                                   |
|      described in §112.1(b), from |                                   |
|      a "reportable" quantity      |                                   |
|      under the Clean Water Act,   |                                   |
|      to a threshold of more than  |                                   |
|      42 U.S. gallons, or 1        |                                   |
|      barrel, in each of those     |                                   |
|      discharges. The 1,000 gallon |                                   |
|      threshold for a single       |                                   |
|      discharge as described in    |                                   |
|      §112.1(b) remains unchanged. |                                   |
|                                   |                                   |
| > A higher threshold of reporting |                                   |
| > discharges is justifiable       |                                   |
| > because we believe that only    |                                   |
| > larger discharges should        |                                   |
| > trigger an EPA obligation to    |                                   |
| > review a facility's prevention  |                                   |
| > efforts. A higher threshold     |                                   |
| > should also trigger a           |                                   |
| > facility's obligation to submit |                                   |
| > information and possibly have   |                                   |
| > to take further prevention      |                                   |
| > measures. Therefore, we have    |                                   |
| > changed the threshold for       |                                   |
| > reporting after two discharges  |                                   |
| > as described in §112.1(b).      |                                   |
| > Under the revised rule, an      |                                   |
| > owner or operator of a facility |                                   |
| > subject to this part must only  |                                   |
| > submit the required information |                                   |
| > when in any 12-month period     |                                   |
| > there have been two discharges  |                                   |
| > as described in §112.1(b), in   |                                   |
| > each of which more than 42 U.S. |                                   |
| > gallons, or one barrel, has     |                                   |
| > been discharged. We believe     |                                   |
| > that a 42 gallon threshold is   |                                   |
| > the appropriate one to trigger  |                                   |
| > a facility's information and    |                                   |
| > possibly to have to take        |                                   |
| > further prevention measures.    |                                   |
| > When multiple discharges occur  |                                   |
| > at a facility subject to the    |                                   |
| > SPCC program, such as a         |                                   |
| > generating station, they often  |                                   |
| > involve the discharge of very   |                                   |
| > small amounts of oil, and these |                                   |
| > discharges tend to come         |                                   |
| > randomly from a lube pipe, an   |                                   |
| > oil level sight glass crack, or |                                   |
| > some other apparatus, and do    |                                   |
| > not normally indicate a         |                                   |
| > recurring problem with the      |                                   |
| > container. Having two or more   |                                   |
| > of these small discharges does  |                                   |
| > not indicate that the           |                                   |
| > facility's SPCC Plan requires   |                                   |
| > revision. The other reporting   |                                   |
| > threshold of 1,000 gallons in   |                                   |
| > any a single discharge as       |                                   |
| > described in §112.1(b) remains  |                                   |
| > the same.                       |                                   |
| >                                 |                                   |
| > Even if a sheen caused by a     |                                   |
| > discharge as described in       |                                   |
| > §112.1(b) over the threshold    |                                   |
| > amount disappears within 24     |                                   |
| > hours, a discharge report is    |                                   |
| > still necessary. The discharge  |                                   |
| > itself may indicate a serious   |                                   |
| > problem at the facility that    |                                   |
| > needs to be corrected. The      |                                   |
| > discharge report may give us    |                                   |
| > the information necessary to    |                                   |
| > require specific correction     |                                   |
| > measures.                       |                                   |
|                                   |                                   |
| 120. ["Sheen" rule]{.underline}:  |                                   |
|      The duty imposed by the CWA  |                                   |
|      to report to the National    |                                   |
|      Response Center all          |                                   |
|      discharges that may be       |                                   |
|      harmful, further described   |                                   |
|      by 40 CFR 110.3, is          |                                   |
|      unchanged. Those discharges  |                                   |
|      include discharges that      |                                   |
|      violate applicable water     |                                   |
|      quality standards; or, cause |                                   |
|      a film or sheen upon or      |                                   |
|      discoloration of the surface |                                   |
|      of the water or adjoining    |                                   |
|      shorelines or cause a sludge |                                   |
|      or emulsion to be deposited  |                                   |
|      beneath the surface of the   |                                   |
|      water or upon adjoining      |                                   |
|      shorelines.                  |                                   |
|                                   |                                   |
| 121. [Maps, flow diagrams, and    |                                   |
|      charts]{.underline}: We      |                                   |
|      modified the provision       |                                   |
|      regarding maps, flow         |                                   |
|      diagrams, topographical maps |                                   |
|      to clarify that only the     |                                   |
|      information necessary to     |                                   |
|      adequately describe the      |                                   |
|      facility and discharge is    |                                   |
|      required -- not necessarily  |                                   |
|      all of the information       |                                   |
|      listed in the paragraph. "As |                                   |
|      necessary" means as          |                                   |
|      determined by the owner or   |                                   |
|      operator, subject to the     |                                   |
|      obligations of this rule,    |                                   |
|      unless the RA requests more  |                                   |
|      information. There might be  |                                   |
|      circumstances in which the   |                                   |
|      owner or operator would      |                                   |
|      submit only a brief          |                                   |
|      description of the facility  |                                   |
|      or a map, for example,       |                                   |
|      because flow diagrams and    |                                   |
|      topographical maps were      |                                   |
|      unnecessary to describe the  |                                   |
|      discharge, and would not     |                                   |
|      help the RA to determine     |                                   |
|      whether any amendment to the |                                   |
|      Plan was necessary to        |                                   |
|      prevent future discharges as |                                   |
|      described in §112.1(b).      |                                   |
|                                   |                                   |
| 122. [Calculation of time for     |                                   |
|      discharge reports required   |                                   |
|      by §112.4(a)]{.underline}:   |                                   |
|      We believe a "rolling" basis |                                   |
|      is the appropriate method to |                                   |
|      calculate a discharge as     |                                   |
|      described in §112.1(b) for   |                                   |
|      purposes of the rule because |                                   |
|      discharges as described in   |                                   |
|      §112.1(b) that are closer in |                                   |
|      time are more likely to be   |                                   |
|      related in cause. Discharges |                                   |
|      that are more proximate in   |                                   |
|      time may indicate a problem  |                                   |
|      that needs to be remedied. A |                                   |
|      "rolling basis" means that   |                                   |
|      each discharge as described  |                                   |
|      in §112.1(b) triggers the    |                                   |
|      start of a new 12-month      |                                   |
|      period. For example, if      |                                   |
|      discharge #1 occurred on     |                                   |
|      January 1, and if discharge  |                                   |
|      #2 occurred on June 2,       |                                   |
|      discharge #2 would trigger   |                                   |
|      the regulatory submission    |                                   |
|      and would start a new twelve |                                   |
|      month period. If discharge   |                                   |
|      #3 occurred on the following |                                   |
|      February 3, it would again   |                                   |
|      trigger a submission,        |                                   |
|      because discharge #3 would   |                                   |
|      be within 12 months of       |                                   |
|      discharge #2. While the      |                                   |
|      "rolling basis" would        |                                   |
|      trigger more regulatory      |                                   |
|      submissions than the "block  |                                   |
|      basis," we believe that it   |                                   |
|      would enhance environmental  |                                   |
|      protection because it would  |                                   |
|      call potential problems to   |                                   |
|      the attention of the         |                                   |
|      Regional Administrator       |                                   |
|      sooner, and allow them to be |                                   |
|      remedied sooner by a Plan    |                                   |
|      amendment where necessary.   |                                   |
|                                   |                                   |
| 123. [Additional                  |                                   |
|      information]{.underline}: If |                                   |
|      the Regional Administrator   |                                   |
|      requires other information,  |                                   |
|      for example, concerning the  |                                   |
|      spill pathway or any         |                                   |
|      response measures taken,     |                                   |
|      this request is authorized   |                                   |
|      under renumbered from        |                                   |
|      §112.4(a)(11) (old rule) to  |                                   |
|      §112.4(a)(9) (revised rule). |                                   |
|                                   |                                   |
| 124. [Adjoining shorelines,       |                                   |
|      natural resources, affected  |                                   |
|      natural                      |                                   |
|      resources]{.underline}:      |                                   |
|      Discharges into navigable    |                                   |
|      waters are not the only      |                                   |
|      discharges reportable for    |                                   |
|      purposes of this section.    |                                   |
|      Any discharge as described   |                                   |
|      in §112.1(b) is also within  |                                   |
|      the scope of this section's  |                                   |
|      reportable discharges.       |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.4 Amendment of Spill      | Sec.112.4 Amendment of Spill      |
| Prevention, Control, and          | Prevention, Control, and          |
| Countermeasure Plan by Regional   | Countermeasure Plan by Regional   |
| Administrator.                    | Administrator.                    |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(b\) *Take no action under this  | \(b\) Section 112.4 shall not     |
| section until it applies to your  | apply until the expiration of the |
| facility. This section does not*  | time permitted for the            |
| apply until the expiration of the | preparation and implementation of |
| time permitted for the *initial*  | an SPCC Plan pursuant to Sec.     |
| preparation and implementation of | 112.3 (a), (b), (c) and (f).      |
| the *Plan under §112.3, but not   |                                   |
| including any amendments to the   | . . . . . . . . . . . . .         |
| Plan.*                            |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 125. [Time line]{.underline}: We  |                                   |
|      revised §112.3 to extend the |                                   |
|      time lines for certain       |                                   |
|      facilities to prepare and    |                                   |
|      implement Plans.             |                                   |
|      Accordingly, we are          |                                   |
|      maintaining the approach     |                                   |
|      under the old §112.4(b) to   |                                   |
|      provide that the §112.4      |                                   |
|      spill reporting requirements |                                   |
|      will not apply until the     |                                   |
|      expiration of the time       |                                   |
|      permitted for the initial    |                                   |
|      preparation and              |                                   |
|      implementation of a Plan     |                                   |
|      under §112.3(a), (b), (c),   |                                   |
|      and (f).                     |                                   |
|                                   |                                   |
| > We also revised §112.3(a) to    |                                   |
| > provide an extended time line   |                                   |
| > for preparing a Plan amendment  |                                   |
| > and §112.3(f) to provide for an |                                   |
| > extension request for an        |                                   |
| > amendment to a Plan. Therefore, |                                   |
| > we have also revised §112.4(b)  |                                   |
| > to provide that the obligation  |                                   |
| > to submit information as        |                                   |
| > required by §112.4(a) does not  |                                   |
| > arise until the expiration of   |                                   |
| > the time permitted for the      |                                   |
| > initial preparation and         |                                   |
| > implementation of the Plan      |                                   |
| > under §112.3, but not for any   |                                   |
| > amendments to the Plan. An      |                                   |
| > amendment may or may not be     |                                   |
| > directly related to the cause   |                                   |
| > of the discharge as described   |                                   |
| > in §112.1(b), and therefore may |                                   |
| > have little relevance to the    |                                   |
| > duty to submit discharge        |                                   |
| > reports to EPA.                 |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.4 Amendment of Spill      | Sec.112.4 Amendment of Spill      |
| Prevention, Control, and          | Prevention, Control, and          |
| Countermeasure Plan by Regional   | Countermeasure Plan by Regional   |
| Administrator.                    | Administrator.                    |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(c\) *Send to the appropriate    | \(c\) A complete copy of all      |
| agency or agencies in charge of   | information provided to the       |
| oil pollution control activities  | Regional Administrator pursuant   |
| in the State in which the         | to paragraph (a) of this section  |
| facility is located* a complete   | shall be sent at the same time to |
| copy of all information *you*     | the State agency in charge of     |
| provided to the Regional          | water pollution control           |
| Administrator *under* paragraph   | activities in and for the State   |
| (a) of this *section. Upon*       | in which the facility is located. |
| receipt of the information such   | Upon receipt of such information  |
| State agency *or agencies* may    | such State agency may conduct a   |
| conduct a review and make         | review and make recommendations   |
| recommendations to the Regional   | to the Regional Administrator as  |
| Administrator as to further       | to further procedures, methods,   |
| procedures, methods, equipment,   | equipment and other requirements  |
| and other *requirements           | for equipment necessary to        |
| necessary* to prevent and to      | prevent and to contain discharges |
| contain *discharges* from your    | of oil from such facility.        |
| facility.                         |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 126. [Legal                       |                                   |
|      authority]{.underline}:      |                                   |
|      Section 311(j)(1) of the CWA |                                   |
|      authorizes the Federal       |                                   |
|      government (and EPA through  |                                   |
|      delegation) to establish     |                                   |
|      "procedures, methods, and    |                                   |
|      equipment and other          |                                   |
|      requirements for equipment   |                                   |
|      to prevent discharges of     |                                   |
|      oil\...." Section 112.4(c)   |                                   |
|      of this rule is a procedure  |                                   |
|      to help prevent discharges   |                                   |
|      that fall within the scope   |                                   |
|      of that statutory provision. |                                   |
|      It enables States to learn   |                                   |
|      of discharges reported to    |                                   |
|      EPA and to make              |                                   |
|      recommendations as to        |                                   |
|      further procedures, methods, |                                   |
|      equipment, and other         |                                   |
|      requirements that might      |                                   |
|      prevent such discharges at   |                                   |
|      the reporting facility. The  |                                   |
|      SPCC program is a Federal    |                                   |
|      program and we believe that  |                                   |
|      in working with the States,  |                                   |
|      we can improve the Federal   |                                   |
|      program through coordination |                                   |
|      with State oil pollution     |                                   |
|      prevention programs.         |                                   |
|                                   |                                   |
| 127. [State agency                |                                   |
|      review]{.underline}: The     |                                   |
|      revised rule includes notice |                                   |
|      to any appropriate State     |                                   |
|      agency in charge of oil      |                                   |
|      pollution control            |                                   |
|      activities, since there may  |                                   |
|      be more than one such agency |                                   |
|      in some States and all may   |                                   |
|      have need for the            |                                   |
|      information. We do not list  |                                   |
|      such agencies in the rule,   |                                   |
|      because the names and        |                                   |
|      jurisdiction of the State    |                                   |
|      agencies are subject to      |                                   |
|      change. It is the reporter's |                                   |
|      obligation to learn which    |                                   |
|      State agencies receive the   |                                   |
|      discharge reports. Most      |                                   |
|      States publish documents on  |                                   |
|      an ongoing basis, similar to |                                   |
|      the Federal Register, that   |                                   |
|      publicize relevant           |                                   |
|      regulatory information.      |                                   |
|                                   |                                   |
| > We do not provide State         |                                   |
| > agencies funds to review these  |                                   |
| > discharge reports due to        |                                   |
| > budgetary constraints. While we |                                   |
| > assume that many States review  |                                   |
| > these reports carefully, we     |                                   |
| > cannot require them to do so.   |                                   |
| > Thus, this action is not an     |                                   |
| > unfunded mandate from the       |                                   |
| > Federal government to the       |                                   |
| > States. But if States do review |                                   |
| > the reports, they do so at      |                                   |
| > their own expense.              |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.4 Amendment of Spill      | Sec.112.4 Amendment of Spill      |
| Prevention, Control, and          | Prevention, Control, and          |
| Countermeasure Plan by Regional   | Countermeasure Plan by Regional   |
| Administrator.                    | Administrator.                    |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(d\) *Amend your Plan, if after  | \(d\) After review of the SPCC    |
| review by the Regional            | Plan for a facility subject to    |
| Administrator of the information  | paragraph (a) of this section,    |
| you submit under paragraph (a) of | together with all other           |
| this section, or submission of    | information submitted by the      |
| information to EPA by the State   | owner or operator of such         |
| agency under paragraph (c) of     | facility, and by the State agency |
| this section, or after on-site    | under paragraph (c) of this       |
| review of your Plan, the Regional | section, the Regional             |
| Administrator requires that you   | Administrator may require the     |
| do so.* The Regional              | owner or operator of such         |
| Administrator may require *you to | facility to amend the SPCC Plan   |
| amend your Plan if* he finds that | if he finds that the Plan does    |
| *it* does not meet the            | not meet the requirements of this |
| requirements of this part or that | part or that the amendment of the |
| amendment is necessary to prevent | Plan is necessary to prevent and  |
| and contain *discharges* from     | to contain discharges of oil from |
| *your* facility.                  | such facility.                    |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 128. [Regional Administrator      |                                   |
|      approval of                  |                                   |
|      Plans]{.underline}: We       |                                   |
|      decided not to create a new  |                                   |
|      class of SPCC Plans that     |                                   |
|      require EPA approval --      |                                   |
|      either Plans submitted       |                                   |
|      following certain discharges |                                   |
|      as required by §112.4(a) or  |                                   |
|      Plans with contingency plans |                                   |
|      -- because we do not believe |                                   |
|      such approval is necessary   |                                   |
|      in order to ensure effective |                                   |
|      Plans.                       |                                   |
|                                   |                                   |
| 129. [Plan information and        |                                   |
|      amendments]{.underline}:     |                                   |
|      While the RA will not have   |                                   |
|      authority under this section |                                   |
|      to approve Plans, he has     |                                   |
|      authority to require Plan    |                                   |
|      amendment. We will strive to |                                   |
|      be as timely as possible in  |                                   |
|      reviewing the information    |                                   |
|      when submitted, and making   |                                   |
|      decisions on any required    |                                   |
|      amendments. A time limit on  |                                   |
|      the RA's decision making     |                                   |
|      authority is unnecessary     |                                   |
|      because a facility may       |                                   |
|      continue to operate under    |                                   |
|      its existing Plan while the  |                                   |
|      RA's decision is pending.    |                                   |
|      While we will consider cost  |                                   |
|      in our decision making,      |                                   |
|      amendments may be required   |                                   |
|      on a case-specific basis to  |                                   |
|      help prevent discharges. Any |                                   |
|      technical amendment required |                                   |
|      would require PE             |                                   |
|      certification. See §112.5(c) |                                   |
|      .                            |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.4 Amendment of Spill      | Sec.112.4 Amendment of Spill      |
| Prevention, Control, and          | Prevention, Control, and          |
| Countermeasure Plan by Regional   | Countermeasure Plan by Regional   |
| Administrator.                    | Administrator.                    |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(e\) *Act in accordance with     | \(e\) When the Regional           |
| this paragraph when the Regional  | Administrator proposes to require |
| Administrator proposes by         | an amendment to the SPCC Plan, he |
| certified mail or by personal     | shall notify the facility         |
| delivery that you amend your SPCC | operator by certified mail        |
| Plan.* If *the owner* or operator | addressed to, or by personal      |
| is a corporation, *he must also   | delivery to, the facility owner   |
| notify by mail the registered     | or operator, that he proposes to  |
| agent* of such corporation, *if   | require an amendment to the Plan, |
| any* *and if known,* in the State | and shall specify the terms of    |
| *in which* *the* facility is      | such amendment. If the facility   |
| located. *The Regional            | owner or operator is a            |
| Administrator must specify the    | corporation, a copy of such       |
| terms of such proposed            | notice shall also be mailed to    |
| amendment.* Within 30 days from   | the registered agent, if any, of  |
| receipt of such notice, *you* may | such corporation in the State     |
| submit written information,       | where such facility is located.   |
| views, and arguments on the       | Within 30 days from receipt of    |
| *proposed* amendment. After       | such notice, the facility owner   |
| considering all relevant material | or operator may submit written    |
| presented, the Regional           | information, views, and arguments |
| Administrator must either notify  | on the amendment. After           |
| *you* of any amendment required   | considering all relevant material |
| or rescind the notice. *You must  | presented, the Regional           |
| amend your Plan as required       | Administrator shall notify the    |
| within 30 days after such         | facility owner or operator of any |
| notice*, unless the Regional      | amendment required or shall       |
| Administrator, for good cause,    | rescind the notice. The amendment |
| specifies another effective date. | required by the Regional          |
| *You* must implement the amended  | Administrator shall become part   |
| Plan as soon as possible, but not | of the Plan 30 days after such    |
| later than six months *after you  | notice, unless the Regional       |
| amend your Plan*, unless the      | Administrator, for good cause,    |
| Regional Administrator specifies  | shall specify another effective   |
| another date.                     | date. The owner or operator of    |
|                                   | the facility shall implement the  |
| \(f\) *If you* appeal a decision  | amendment of the Plan as soon as  |
| made by the Regional              | possible, but not later than six  |
| Administrator requiring an        | months after the amendment        |
| amendment to an SPCC Plan, *send  | becomes part of the Plan, unless  |
| the appeal to the EPA             | the Regional Administrator        |
| Administrator in writing* within  | specifies another date.           |
| 30 days of receipt of the notice  |                                   |
| from the Regional Administrator   | \(f\) An owner or operator may    |
| requiring the amendment *under    | appeal a decision made by the     |
| paragraph (e) of this section.    | Regional Administrator requiring  |
| You must send* a complete copy of | an amendment to an SPCC Plan. The |
| the *appeal to* the Regional      | appeal shall be made to the       |
| Administrator at the time *you    | Administrator of the United       |
| make* the appeal. The appeal      | States Environmental Protection   |
| *must* contain a clear and        | Agency and must be made in        |
| concise statement of the issues   | writing within 30 days of receipt |
| and points of fact in the case.   | of the notice from the Regional   |
| It may also contain additional    | Administrator requiring the       |
| information from *you*, or from   | amendment. A complete copy of the |
| any other person. The *EPA*       | appeal must be sent to the        |
| *Administrator* may request       | Regional Administrator at the     |
| additional information from       | time the appeal is made. The      |
| *you*, or from any other person.  | appeal shall contain a clear and  |
| The *EPA* *Administrator* must    | concise statement of the issues   |
| render a decision within 60 days  | and points of fact in the case.   |
| of receiving the appeal and *must | It may also contain additional    |
| notify you* of his decision.      | information from the owner or     |
|                                   | operator, or from any other       |
|                                   | person. The Administrator or his  |
|                                   | designee may request additional   |
|                                   | information from the owner or     |
|                                   | operator, or from any other       |
|                                   | person. The Administrator or his  |
|                                   | designee shall render a decision  |
|                                   | within 60 days of receiving the   |
|                                   | appeal and shall notify the owner |
|                                   | or operator of his decision.      |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 130. [Who receives                |                                   |
|      notice]{.underline}: The     |                                   |
|      rule requires notice only to |                                   |
|      the owner or operator of the |                                   |
|      facility, and the registered |                                   |
|      agent, if any and if known.  |                                   |
|      Notice from EPA to the       |                                   |
|      facility improvements owner  |                                   |
|      and landowner is unnecessary |                                   |
|      because these matters can    |                                   |
|      and should be handled        |                                   |
|      between the facility owner   |                                   |
|      or operator and the owner or |                                   |
|      operator of the improvements |                                   |
|      or the landowner.            |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Section 112.5]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.5 Amendment of Spill      | Sec.112.5 Amendment of Spill      |
| Prevention, Control, and          | Prevention, Control, and          |
| Countermeasure Plan by owners or  | Countermeasure Plan by owners or  |
| operators.                        | operators                         |
|                                   |                                   |
| *If you are the owner or operator | \(a\) Owners or operators of      |
| of a facility subject to this     | facilities subject to Sec. 112.3  |
| part, you must:*                  | (a), (b) or (c) shall amend the   |
|                                   | SPCC Plan for such facility in    |
| \(a\) Amend the SPCC Plan for     | accordance with Sec. 112.7        |
| *your* facility in accordance     | whenever there is a change in     |
| with the *general requirements    | facility design, construction,    |
| in* §112.7, *and with any         | operation or maintenance which    |
| specific section of this part     | materially affects the facility's |
| applicable to your facility*,     | potential for the discharge of    |
| *when* there is a change in *the* | oil into or upon the navigable    |
| facility design, construction,    | waters of the United States or    |
| operation, or maintenance *that*  | adjoining shore lines. Such       |
| materially affects *its*          | amendments shall be fully         |
| potential for *a discharge as     | implemented as soon as possible,  |
| described in §112.1(b)*.          | but not later than six months     |
| *Examples of changes that may     | after such change occurs.         |
| 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.*                       |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 131. [When amendment is           |                                   |
|      necessary]{.underline}: We   |                                   |
|      have maintained the standard |                                   |
|      for amendments -- i.e., when |                                   |
|      there is a change that       |                                   |
|      materially affects the       |                                   |
|      facility's potential to      |                                   |
|      discharge oil. This position |                                   |
|      accords with our stance on   |                                   |
|      when Plans should be         |                                   |
|      prepared and implemented.    |                                   |
|      See §112.3. An amendment is  |                                   |
|      necessary when a facility    |                                   |
|      change results in a decrease |                                   |
|      in the volume stored or a    |                                   |
|      decrease in the potential    |                                   |
|      for an oil spill because EPA |                                   |
|      needs this information to    |                                   |
|      determine compliance with    |                                   |
|      the rule. For example, the   |                                   |
|      amount of secondary          |                                   |
|      containment required depends |                                   |
|      on the storage capacity of a |                                   |
|      container. Decreases might   |                                   |
|      also affect the way a        |                                   |
|      facility plans emergency     |                                   |
|      response measures and        |                                   |
|      training procedures. A       |                                   |
|      lesser capacity might        |                                   |
|      require different response   |                                   |
|      measures than a larger       |                                   |
|      capacity. The training of    |                                   |
|      employees might be affected  |                                   |
|      because the operation and    |                                   |
|      maintenance of the facility  |                                   |
|      might be affected by a       |                                   |
|      lesser storage capacity.     |                                   |
|                                   |                                   |
| > Likewise, a standard requiring  |                                   |
| > amendment "when there are       |                                   |
| > indicia of problems" is too     |                                   |
| > vague and leaves problems       |                                   |
| > unaddressed, which may result   |                                   |
| > in a discharge as described in  |                                   |
| > §112.1(b). A standard requiring |                                   |
| > an amendment only when the      |                                   |
| > change would cause the spill    |                                   |
| > potential to exceed the Plan's  |                                   |
| > capabilities (because           |                                   |
| > day-to-day changes do not       |                                   |
| > affect the worst case spill)    |                                   |
| > would have the effect of        |                                   |
| > leaving no documentation of     |                                   |
| > amendments which might affect   |                                   |
| > discharges which do not reach   |                                   |
| > the standard of "worst case     |                                   |
| > spill." While we encourage      |                                   |
| > facilities to incorporate new   |                                   |
| > procedures into Plans that      |                                   |
| > would help to prevent           |                                   |
| > discharges, amendments are      |                                   |
| > still necessary when material   |                                   |
| > changes are made, to document   |                                   |
| > those new procedures and thus   |                                   |
| > facilitate the enforcement of   |                                   |
| > the rule's requirements.        |                                   |
| > Amendments may be necessary at  |                                   |
| > large or small facilities alike |                                   |
| > to prevent discharges after     |                                   |
| > material changes.               |                                   |
|                                   |                                   |
| 132. [Material                    |                                   |
|      changes]{.underline}: A      |                                   |
|      material change is one that  |                                   |
|      may either increase or       |                                   |
|      decrease the potential for a |                                   |
|      discharge. The examples of   |                                   |
|      material changes are for     |                                   |
|      illustration only -- the     |                                   |
|      items in the list may not    |                                   |
|      always trigger amendments,   |                                   |
|      and the list is not          |                                   |
|      comprehensive. Only changes  |                                   |
|      that materially affect       |                                   |
|      operations trigger the       |                                   |
|      amendment requirement.       |                                   |
|      Ordinary maintenance or      |                                   |
|      non-material changes which   |                                   |
|      do not affect the potential  |                                   |
|      for the discharge of oil do  |                                   |
|      not.                         |                                   |
|                                   |                                   |
| > Even decommissioning a          |                                   |
| > container could materially      |                                   |
| > decrease the potential for a    |                                   |
| > discharge and require Plan      |                                   |
| > amendment, unless such          |                                   |
| > decommissioning brings the      |                                   |
| > facility below the regulatory   |                                   |
| > threshold, making the           |                                   |
| > preparation and implementation  |                                   |
| > of a Plan no longer a           |                                   |
| > requirement. We also believe    |                                   |
| > that the oversight of a         |                                   |
| > Professional Engineer is        |                                   |
| > necessary to ensure that the    |                                   |
| > container is in fact properly   |                                   |
| > closed.                         |                                   |
| >                                 |                                   |
| > Replacement of tanks,           |                                   |
| > containers, or equipment may    |                                   |
| > not be a material change if the |                                   |
| > replacements are identical in   |                                   |
| > quality, capacity, and number.  |                                   |
| > However, a replacement of one   |                                   |
| > tank with more than one         |                                   |
| > identical tank resulting in     |                                   |
| > greater storage capacity is a   |                                   |
| > material change because the     |                                   |
| > storage capacity of the         |                                   |
| > facility and its consequent     |                                   |
| > discharge potential have        |                                   |
| > increased.                      |                                   |
|                                   |                                   |
| 133. [Changes of                  |                                   |
|      product]{.underline}: The    |                                   |
|      list of examples includes    |                                   |
|      "changes of product." Such   |                                   |
|      changes may materially       |                                   |
|      affect facility operations   |                                   |
|      and therefore be a material  |                                   |
|      change. An example of a      |                                   |
|      change of product that would |                                   |
|      be a material change would   |                                   |
|      be a change from storage of  |                                   |
|      asphalt to storage of        |                                   |
|      gasoline. Storage of         |                                   |
|      gasoline instead of asphalt  |                                   |
|      presents an increased fire   |                                   |
|      and explosion hazard. A      |                                   |
|      switch from storage of       |                                   |
|      gasoline to storage of       |                                   |
|      asphalt might result in      |                                   |
|      increased stress on the      |                                   |
|      container leading to its     |                                   |
|      failure. Changes of product  |                                   |
|      involving different grades   |                                   |
|      of gasoline might not be a   |                                   |
|      material change and thus not |                                   |
|      require amendment of the     |                                   |
|      Plan if the differing grades |                                   |
|      of gasoline do not           |                                   |
|      substantially change the     |                                   |
|      conditions of storage and    |                                   |
|      potential for discharge.     |                                   |
|                                   |                                   |
| 134. [Changes in                  |                                   |
|      service]{.underline}: A      |                                   |
|      change in service may be a   |                                   |
|      material change if it        |                                   |
|      affects the potential for a  |                                   |
|      discharge. A "change in      |                                   |
|      service" is a change from    |                                   |
|      previous operating           |                                   |
|      conditions involving         |                                   |
|      different properties of the  |                                   |
|      stored product such as       |                                   |
|      specific gravity or          |                                   |
|      corrosivity and/or different |                                   |
|      service conditions of        |                                   |
|      temperature and/or pressure. |                                   |
|      Therefore, we have amended   |                                   |
|      the rule to add "or service" |                                   |
|      after the phrase "changes of |                                   |
|      product."                    |                                   |
|                                   |                                   |
| 135. [Documenting no change or    |                                   |
|      certain                      |                                   |
|      activities]{.underline}: We  |                                   |
|      agree that a log book may be |                                   |
|      used to document             |                                   |
|      non-material, routine        |                                   |
|      activities. However, this is |                                   |
|      not an appropriate           |                                   |
|      substitute for amendment     |                                   |
|      when a material change is    |                                   |
|      made at a facility.          |                                   |
|                                   |                                   |
| 136. [EPA approval]{.underline}:  |                                   |
|      EPA approval of an amendment |                                   |
|      is not required. However, if |                                   |
|      the RA is not satisfied that |                                   |
|      your amendment satisfies the |                                   |
|      requirements of these rules, |                                   |
|      he may require further       |                                   |
|      amendment of your Plan.      |                                   |
|                                   |                                   |
| 137. [Time line for amendment     |                                   |
|      implementation]{.underline}: |                                   |
|      The rule does not require    |                                   |
|      Plan amendment before        |                                   |
|      material changes are made.   |                                   |
|      The rule continues to        |                                   |
|      provide a maximum of six     |                                   |
|      months for Plan amendment,   |                                   |
|      and a maximum of six more    |                                   |
|      months for amendment         |                                   |
|      implementation. Section      |                                   |
|      112.3(f) allows the RA to    |                                   |
|      authorize an extension of    |                                   |
|      time to prepare and          |                                   |
|      implement an amendment under |                                   |
|      certain circumstances.       |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.5 Amendment of Spill      | Sec.112.5 Amendment of Spill      |
| Prevention, Control, and          | Prevention, Control, and          |
| Countermeasure Plan by owners or  | Countermeasure Plan by owners or  |
| operators                         | operators                         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(b\) Notwithstanding compliance  | \(b\) Notwithstanding compliance  |
| with paragraph (a) of this        | with paragraph (a) of this        |
| *section, complete* a review and  | section, owners and operators of  |
| evaluation of the SPCC Plan at    | facilities subject to Sec. 112.3  |
| least once every **five** years   | (a), (b) or (c) shall complete a  |
| from the date *your* facility     | review and evaluation of the SPCC |
| becomes subject to this part;     | Plan at least once every three    |
| *or, if your facility was in      | years from the date such facility |
| operation on or before August 16, | becomes subject to this part. As  |
| 2002, five years from the date    | a result of this review and       |
| your last review was required     | evaluation, the owner or operator |
| under this part.* As a result of  | shall amend the SPCC Plan within  |
| this review and evaluation, *you* | six months of the review to       |
| must amend *your* SPCC Plan       | include more effective prevention |
| within six months of the review   | and control technology if: (1)    |
| to include more effective         | Such technology will              |
| prevention and control technology | significantly reduce the          |
| if *the technology has been       | likelihood of a spill event from  |
| field-proven at the time of the   | the facility, and (2) if such     |
| review and will significantly     | technology has been field-proven  |
| reduce the likelihood of a        | at the time of the review.        |
| 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."**              |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 138. [Five-year                   |                                   |
|      review]{.underline}: The     |                                   |
|      revised rule changes the     |                                   |
|      frequency of Plan review     |                                   |
|      from once every three years  |                                   |
|      to once every five years. A  |                                   |
|      five-year review period will |                                   |
|      make coordination of review  |                                   |
|      of related plans, such as    |                                   |
|      facility response plans      |                                   |
|      required by part 112,        |                                   |
|      easier. Amendment of a Plan  |                                   |
|      will still be necessary when |                                   |
|      a material change is made    |                                   |
|      affecting the facility's     |                                   |
|      potential to discharge oil,  |                                   |
|      perhaps after certain        |                                   |
|      discharges as required by    |                                   |
|      the RA under §112.4(a), and  |                                   |
|      perhaps after on-site review |                                   |
|      of a Plan (see §112.4(d)).   |                                   |
|      Plus the Plan must be        |                                   |
|      implemented at all times.    |                                   |
|      These opportunities ensure   |                                   |
|      that Plans will be current.  |                                   |
|      Technology changes enough    |                                   |
|      within a five-year period to |                                   |
|      warrant required review      |                                   |
|      within such time period      |                                   |
|      whether or not other changes |                                   |
|      occur. Amendments other than |                                   |
|      the five-year review         |                                   |
|      amendments may not be based  |                                   |
|      on the need to learn of      |                                   |
|      improved technology. Those   |                                   |
|      amendments might result from |                                   |
|      deficiencies in the Plan, on |                                   |
|      the need to make repairs, or |                                   |
|      to remedy the cause of a     |                                   |
|      discharge.                   |                                   |
|                                   |                                   |
| 139. [Calculation of time between |                                   |
|      reviews]{.underline}: The    |                                   |
|      change in the rule from      |                                   |
|      three-year to five-year      |                                   |
|      reviews requires some        |                                   |
|      explanation as to when a     |                                   |
|      review must be conducted.    |                                   |
|      For example, a facility      |                                   |
|      became subject to the rule   |                                   |
|      on January 1, 1990. The      |                                   |
|      first three-year review      |                                   |
|      should have been conducted   |                                   |
|      by January 1, 1993, the      |                                   |
|      second by January 1, 1996,   |                                   |
|      the third by January 1,      |                                   |
|      1999, and the fourth by      |                                   |
|      January 1, 2002. The next    |                                   |
|      review must be conducted by  |                                   |
|      January 1, 2007, due to the  |                                   |
|      rule change. In other words, |                                   |
|      an existing facility must    |                                   |
|      complete the review within 5 |                                   |
|      years of the date the last   |                                   |
|      review must have been        |                                   |
|      completed. A facility        |                                   |
|      becoming operable on or      |                                   |
|      after the effective date of  |                                   |
|      the rule will begin a        |                                   |
|      five-year cycle at the date  |                                   |
|      it becomes subject to part   |                                   |
|      112.                         |                                   |
|                                   |                                   |
| 140. [Completion of               |                                   |
|      review]{.underline}: The     |                                   |
|      benefit of documenting       |                                   |
|      completion of review lies in |                                   |
|      the fact that it shows that  |                                   |
|      someone reviewed the Plan to |                                   |
|      determine if better          |                                   |
|      technology would benefit the |                                   |
|      facility and the Plan is     |                                   |
|      current. Documentation of    |                                   |
|      completion of review is      |                                   |
|      necessary whether or not any |                                   |
|      amendments are necessary in  |                                   |
|      order to clearly show that   |                                   |
|      the review was done. Mere    |                                   |
|      dating of the Plan or of an  |                                   |
|      amendment does not show that |                                   |
|      an owner or operator         |                                   |
|      performed the required       |                                   |
|      review. Documentation of     |                                   |
|      completion of review is a    |                                   |
|      function of the owner or     |                                   |
|      operator, whereas            |                                   |
|      certification of any         |                                   |
|      resulting technical          |                                   |
|      amendment is a function of   |                                   |
|      the PE. Such documentation   |                                   |
|      does not need to be          |                                   |
|      forwarded to the Regional    |                                   |
|      Administrator. If the        |                                   |
|      Regional Administrator       |                                   |
|      wishes to verify completion  |                                   |
|      of review, he may do so      |                                   |
|      during an on-site            |                                   |
|      inspection.                  |                                   |
|                                   |                                   |
| 141. [How to document completion  |                                   |
|      of review]{.underline}: A    |                                   |
|      documentation of completion  |                                   |
|      of review must be added      |                                   |
|      either at the beginning or   |                                   |
|      the end of the Plan, or in a |                                   |
|      log book appended to the     |                                   |
|      Plan or other appendix to    |                                   |
|      the Plan. Completion can be  |                                   |
|      documented in one of two     |                                   |
|      ways. First, if amendment of |                                   |
|      the Plan is necessary, then  |                                   |
|      an owner or operator must    |                                   |
|      state as much, and the       |                                   |
|      review is complete. This     |                                   |
|      statement is necessary       |                                   |
|      because Plan amendments may  |                                   |
|      result either from five-year |                                   |
|      review or from material      |                                   |
|      changes at the facility      |                                   |
|      affecting its potential for  |                                   |
|      discharge, or from on-site   |                                   |
|      review of the Plan. There is |                                   |
|      no way to know which         |                                   |
|      circumstance causes the      |                                   |
|      amendment without some       |                                   |
|      explanation. Second, if no   |                                   |
|      amendments are necessary,    |                                   |
|      the owner or operator must   |                                   |
|      document completion of       |                                   |
|      review by merely signing a   |                                   |
|      statement that he has        |                                   |
|      completed the review and no  |                                   |
|      amendments are necessary.    |                                   |
|      The owner or operator may    |                                   |
|      use the words suggested in   |                                   |
|      the rule to document         |                                   |
|      completion, or make any      |                                   |
|      similar statement to the     |                                   |
|      same effect.                 |                                   |
|                                   |                                   |
| 142. [Who documents               |                                   |
|      review]{.underline}: The     |                                   |
|      owner or operator of the     |                                   |
|      facility, or a person at a   |                                   |
|      management level with        |                                   |
|      sufficient authority to      |                                   |
|      commit the necessary         |                                   |
|      resources, must document     |                                   |
|      completion of review.        |                                   |
|                                   |                                   |
| 143. [Time line for amendment     |                                   |
|      implementation]{.underline}: |                                   |
|      Under the old rule,          |                                   |
|      §112.5(b) required that Plan |                                   |
|      amendments be prepared       |                                   |
|      within six months. It was    |                                   |
|      silent as to time lines for  |                                   |
|      implementation. Therefore,   |                                   |
|      we revised the rule to       |                                   |
|      clarify that amendments must |                                   |
|      be implemented as soon as    |                                   |
|      possible, but within the     |                                   |
|      next six months. This is the |                                   |
|      current standard for         |                                   |
|      implementation of certain    |                                   |
|      other amendments. See, for   |                                   |
|      example, §§112.3(a) and      |                                   |
|      112.4(e). We note that       |                                   |
|      §112.3(f) allows an owner or |                                   |
|      operator to request an       |                                   |
|      extension of time to prepare |                                   |
|      and implement an amendment.  |                                   |
|                                   |                                   |
| 144. [Editorial changes and       |                                   |
|      clarifications]{.underline}: |                                   |
|      We do not use the word       |                                   |
|      "certification" in the       |                                   |
|      requirement so that the rule |                                   |
|      avoids the legal effect a    |                                   |
|      certification may have. The  |                                   |
|      intent of the certification  |                                   |
|      is to show that an owner or  |                                   |
|      operator performed a review  |                                   |
|      of the Plan every five       |                                   |
|      years. A false documentation |                                   |
|      of completion of review of   |                                   |
|      the Plan is a deficiency in  |                                   |
|      the Plan and may be cited as |                                   |
|      a violation.                 |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.5 Amendment of Spill      | Sec.112.5 Amendment of Spill      |
| Prevention, Control, and          | Prevention, Control, and          |
| Countermeasure Plan by owners or  | Countermeasure Plan by owners or  |
| operators                         | operators                         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(c\) *Have a Professional        | \(c\) No amendment to an SPCC     |
| Engineer certify any technical    | Plan shall be effective to        |
| amendment to your Plan in         | satisfy the requirements of this  |
| accordance with §112.3(d).*       | section unless it has been        |
|                                   | certified by a Professional       |
|                                   | Engineer in accordance with Sec.  |
|                                   | 112.3(d).                         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 145. [PE                          |                                   |
|      certification]{.underline}:  |                                   |
|      It is the responsibility of  |                                   |
|      the owner or operator to     |                                   |
|      document completion of       |                                   |
|      review, but completion of    |                                   |
|      review and Plan amendment    |                                   |
|      are two different processes. |                                   |
|      PE certification is not      |                                   |
|      necessary unless the Plan is |                                   |
|      amended.                     |                                   |
|                                   |                                   |
| > We believe that PE              |                                   |
| > certification is necessary for  |                                   |
| > any technical amendment that    |                                   |
| > requires the application of     |                                   |
| > good engineering practice. We   |                                   |
| > believe that good engineering   |                                   |
| > practice is essential to help   |                                   |
| > prevent discharges.             |                                   |
| > Non-technical changes not       |                                   |
| > requiring the exercise of good  |                                   |
| > engineering practice do not     |                                   |
| > require PE certification. Such  |                                   |
| > non-technical changes include   |                                   |
| > but are not limited to such     |                                   |
| > items as: changes to the        |                                   |
| > contact list; more stringent    |                                   |
| > requirements for stormwater     |                                   |
| > discharges to comply with NPDES |                                   |
| > rules; phone numbers; product   |                                   |
| > changes if the new product is   |                                   |
| > compatible with conditions in   |                                   |
| > the existing tank and secondary |                                   |
| > containment; and, any other     |                                   |
| > changes which do not materially |                                   |
| > affect the facility's potential |                                   |
| > to discharge oil. If the owner  |                                   |
| > or operator is not sure whether |                                   |
| > the change is technical or      |                                   |
| > non-technical, he should have   |                                   |
| > it certified.                   |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Section 112.7]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.7 General requirements    | Sec.112.7 General requirements    |
| for Spill Prevention, Control,    | for Spill Prevention, Control,    |
| and Countermeasure Plans.         | and Countermeasure Plans.         |
|                                   |                                   |
| *If you are the owner or operator | The SPCC Plan shall be a          |
| of a facility subject to this     | carefully thought-out plan,       |
| part you must prepare a Plan* in  | prepared in accordance with good  |
| accordance with good engineering  | engineering practices, and which  |
| practices. *The Plan must have    | has the full approval of          |
| the* full approval of management  | management at a level with        |
| at a level of authority to commit | authority to commit the necessary |
| the necessary resources *to fully | resources. If the plan calls for  |
| implement the Plan. You must      | additional facilities or          |
| prepare the Plan in writing.*     | procedures, methods, or equipment |
| **If you do not follow the        | not yet fully operational, these  |
| sequence specified in this        | items should be discussed in      |
| section for the Plan, you must    | separate paragraphs, and the      |
| prepare an equivalent Plan        | details of installation and       |
| acceptable to the Regional        | operational start-up should be    |
| Administrator that meets all of   | explained separately. The         |
| the applicable requirements       | complete SPCC Plan shall follow   |
| listed in this part, and you must | the sequence outlined below, and  |
| supplement it with a section      | include a discussion of the       |
| cross-referencing the location of | facility's conformance with the   |
| requirements listed in this part  | appropriate guidelines listed:    |
| and the equivalent requirements   |                                   |
| in the other prevention plan.**   | \(a\) A facility which has        |
| If the Plan calls for additional  | experienced one or more spill     |
| facilities or procedures,         | events within twelve months prior |
| methods, or equipment not yet     | to the effective date of this     |
| fully operational, *you must      | part should include a written     |
| discuss these items* in separate  | description of each such spill,   |
| paragraphs, and *must explain     | corrective action taken and plans |
| separately* the details of        | for preventing recurrence.        |
| installation and operational      |                                   |
| start-up. *As detailed elsewhere  | . . . . . . . . . . . . .         |
| in this section, you must also:*  |                                   |
|                                   |                                   |
| (a)(1) Include a discussion of    |                                   |
| your facility's conformance with  |                                   |
| *the requirements listed* *in     |                                   |
| this part*.                       |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 146. ["Should to Shall to Must"   |                                   |
|      Clarification]{.underline}:  |                                   |
|      EPA has always considered    |                                   |
|      that §112.3 of the SPCC rule |                                   |
|      requires that SPCC Plans be  |                                   |
|      prepared in accordance with  |                                   |
|      §112.7, which in turn        |                                   |
|      requires that Plans be       |                                   |
|      prepared in accordance with  |                                   |
|      good engineering practice.   |                                   |
|      However, clarification of    |                                   |
|      the rule was necessary       |                                   |
|      because of confusion on the  |                                   |
|      part of some facility owners |                                   |
|      or operators who have        |                                   |
|      interpreted the old rule's   |                                   |
|      use of the words "should"    |                                   |
|      and "guidelines" in §112.7   |                                   |
|      as an indication that        |                                   |
|      compliance with the          |                                   |
|      applicable provisions of the |                                   |
|      rule is optional. The rule   |                                   |
|      used the words "should" and  |                                   |
|      "guidelines" to provide      |                                   |
|      flexibility for facilities   |                                   |
|      with unique circumstances.   |                                   |
|      Those circumstances might be |                                   |
|      such that mandated           |                                   |
|      regulatory provisions would  |                                   |
|      not be in accord with good   |                                   |
|      engineering practice.        |                                   |
|      Therefore, the rule gave     |                                   |
|      facilities the opportunity   |                                   |
|      to provide alternative       |                                   |
|      methods that achieve         |                                   |
|      equivalent environmental     |                                   |
|      protection, or to show that  |                                   |
|      the provisions were          |                                   |
|      inapplicable based on        |                                   |
|      specific circumstances. In   |                                   |
|      1991, we proposed to clarify |                                   |
|      that misunderstanding by     |                                   |
|      generally substituting       |                                   |
|      "shall" in place of "should" |                                   |
|      throughout the reorganized   |                                   |
|      rule. In the final rule, we  |                                   |
|      have editorially changed     |                                   |
|      "shall" to "must" in         |                                   |
|      furtherance of the Agency's  |                                   |
|      "plain language" objectives. |                                   |
|      The "shall" to "must" is not |                                   |
|      a substantive change. We     |                                   |
|      will continue to provide     |                                   |
|      flexibility for an owner or  |                                   |
|      operator who can explain his |                                   |
|      reasons for nonconformance   |                                   |
|      with rule requirements, and  |                                   |
|      can provide alternate        |                                   |
|      measures from those          |                                   |
|      specified in the rule, which |                                   |
|      achieve equivalent           |                                   |
|      environmental protection.    |                                   |
|      Section 112.7(a)(2) will     |                                   |
|      provide such flexibility. In |                                   |
|      the exercise of our          |                                   |
|      authority to inspect         |                                   |
|      facilities and SPCC Plans,   |                                   |
|      we reserve the right to find |                                   |
|      that such alternate methods  |                                   |
|      do not provide equivalent    |                                   |
|      environmental protection. In |                                   |
|      such cases, we would require |                                   |
|      the owner or operator of the |                                   |
|      facility to amend the SPCC   |                                   |
|      Plan to provide equivalent   |                                   |
|      environmental protection.    |                                   |
|                                   |                                   |
| 147.                              |                                   |
|  [Cross-referencing]{.underline}: |                                   |
|      With the wide variation now  |                                   |
|      allowed in differing         |                                   |
|      formats, we need             |                                   |
|      cross-referencing so that an |                                   |
|      inspector can tell whether   |                                   |
|      the Plan meets Federal       |                                   |
|      requirements, and whether it |                                   |
|      is complete. In addition, in |                                   |
|      order for an owner or        |                                   |
|      operator to do his own check |                                   |
|      to ensure that his facility  |                                   |
|      meets all SPCC requirements, |                                   |
|      he must go through the       |                                   |
|      exercise of comparing his    |                                   |
|      Plan to each SPCC            |                                   |
|      requirement.                 |                                   |
|      Cross-referencing in the     |                                   |
|      context of the rule means    |                                   |
|      indicating the relationship  |                                   |
|      of a requirement in the new  |                                   |
|      format to an SPCC            |                                   |
|      requirement. The             |                                   |
|      cross-referencing must       |                                   |
|      identify the Federal section |                                   |
|      and paragraph for each       |                                   |
|      section of the new format it |                                   |
|      fulfills. If the Plan calls  |                                   |
|      for additional facilities or |                                   |
|      procedures, methods, or      |                                   |
|      equipment not yet fully      |                                   |
|      operational, the owner or    |                                   |
|      operator must discuss these  |                                   |
|      items in separate            |                                   |
|      paragraphs, and must explain |                                   |
|      separately the details of    |                                   |
|      installation and operational |                                   |
|      start-up. The discussion     |                                   |
|      must include a schedule for  |                                   |
|      the installation and         |                                   |
|      start-up of these items.     |                                   |
|                                   |                                   |
| 148. [Written Plans]{.underline}: |                                   |
|      A "written" Plan might also  |                                   |
|      include texts, graphs,       |                                   |
|      charts, maps, photos, and    |                                   |
|      tables, on whatever media,   |                                   |
|      including floppy disk, CD,   |                                   |
|      hard drive, and tape         |                                   |
|      storage, that allows the     |                                   |
|      document to be easily        |                                   |
|      accessed, comprehended,      |                                   |
|      distributed, viewed,         |                                   |
|      updated, and printed.        |                                   |
|      Whatever medium used,        |                                   |
|      however, must be readily     |                                   |
|      accessible to response       |                                   |
|      personnel in an emergency.   |                                   |
|      If it is produced in a       |                                   |
|      medium that is not readily   |                                   |
|      accessible in an emergency,  |                                   |
|      it must be also available in |                                   |
|      a medium that is. For        |                                   |
|      example, a Plan might be     |                                   |
|      electronically produced, but |                                   |
|      computers fail and may not   |                                   |
|      be operable in an emergency. |                                   |
|      For an electronic Plan or    |                                   |
|      Plan produced in some other  |                                   |
|      medium, therefore, a backup  |                                   |
|      copy must be readily         |                                   |
|      available on paper. At least |                                   |
|      one version of the Plan      |                                   |
|      should be written in English |                                   |
|      so that it will be readily   |                                   |
|      understood by an EPA         |                                   |
|      inspector.                   |                                   |
|                                   |                                   |
| 149. [Editorial changes and       |                                   |
|      clarifications]{.underline}: |                                   |
|      We have transferred all of   |                                   |
|      the proposed substantive     |                                   |
|      requirements in the 1997     |                                   |
|      proposed definition of "SPCC |                                   |
|      Plan" to the introduction of |                                   |
|      this section. We did this    |                                   |
|      because definitions should   |                                   |
|      not contain substantive      |                                   |
|      requirements. We also        |                                   |
|      revised the introduction to  |                                   |
|      §112.7 to facilitate use of  |                                   |
|      the active voice and to      |                                   |
|      clearly note that the owner  |                                   |
|      or operator, except as       |                                   |
|      specifically noted, is       |                                   |
|      responsible for implementing |                                   |
|      the rule.                    |                                   |
|                                   |                                   |
| > We deleted language requiring a |                                   |
| > "carefully thought-out" SPCC    |                                   |
| > Plan. Such language is          |                                   |
| > unnecessary because the Plan    |                                   |
| > must be prepared in accordance  |                                   |
| > with good engineering           |                                   |
| > practices. Another editorial    |                                   |
| > revision in the introduction is |                                   |
| > the change from "level with     |                                   |
| > authority" in the last sentence |                                   |
| > of proposed §112.7(a) to "level |                                   |
| > of authority." A third revision |                                   |
| > is a change from "format" to    |                                   |
| > "sequence."                     |                                   |
| >                                 |                                   |
| > Consistent with response plan   |                                   |
| > language in §112.20(h), the     |                                   |
| > language referring to           |                                   |
| > alternative SPCC formats has    |                                   |
| > been revised to read            |                                   |
| > "equivalent Plan acceptable to  |                                   |
| > the Regional Administrator."    |                                   |
| > The response plan language in   |                                   |
| > §112.20(h) on "equivalent       |                                   |
| > response plans" has also been   |                                   |
| > revised to include the          |                                   |
| > "acceptable to the Regional     |                                   |
| > Administrator" language         |                                   |
| > included in the introduction to |                                   |
| > §112.7.                         |                                   |
| >                                 |                                   |
| > We clarify that the discussion  |                                   |
| > of the facility's conformance   |                                   |
| > with the requirements listed    |                                   |
| > (see §112.7(a)(1)) means the    |                                   |
| > requirements listed in part     |                                   |
| > 112, not merely the             |                                   |
| > requirements listed in §112.7.  |                                   |
| >                                 |                                   |
| > As proposed in 1991 (56 FR      |                                   |
| > 54620), we deleted §112.7(a),   |                                   |
| > which required a description of |                                   |
| > certain discharges to navigable |                                   |
| > waters or adjoining shorelines  |                                   |
| > which occurred prior to the     |                                   |
| > effective date of the rule in   |                                   |
| > 1974, because that information  |                                   |
| > was no longer relevant.         |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.7 General requirements    | Sec.112.7 General requirements    |
| for Spill Prevention, Control,    | for Spill Prevention, Control,    |
| and Countermeasure Plans.         | and Countermeasure Plans.         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(a\) . . .                       | \[No direct counterpart in old    |
|                                   | rule.\]                           |
| **(2) Comply with all applicable  |                                   |
| requirements listed in this part. |                                   |
| Your Plan may deviate from the    |                                   |
| requirements in paragraphs (g),   |                                   |
| (h)(2) and (3), and (i) of this   |                                   |
| section and the requirements in   |                                   |
| subparts B and C of this part,    |                                   |
| except the secondary containment  |                                   |
| requirements in paragraphs (c)    |                                   |
| and (h)(1) of this section, and   |                                   |
| §§112.8(c)(2),112.8(c)(11),       |                                   |
| 112.9(c)(2), 112.10(c),           |                                   |
| 112.12(c)(2),                     |                                   |
| 112.12(c)(11),112.13(c)(2), and   |                                   |
| 112.14(c), where applicable to a  |                                   |
| specific facility, if you provide |                                   |
| equivalent environmental          |                                   |
| protection by some other means of |                                   |
| spill prevention, control, or     |                                   |
| countermeasure. Where your Plan   |                                   |
| does not conform to the           |                                   |
| applicable requirements in        |                                   |
| paragraphs (g), (h)(2) and (3),   |                                   |
| and (i) of this section, or the   |                                   |
| requirements of subparts B and C  |                                   |
| of this part, except the          |                                   |
| secondary containment             |                                   |
| requirements in paragraphs (c)    |                                   |
| and (h)(1) of this section, and   |                                   |
| §§112.8(c)(2), 112.8(c)(11),      |                                   |
| 112.9(c)(2), 112.10(c),           |                                   |
| 112.12(c)(2), 112.12(c)(11),      |                                   |
| 112.13(c)(2), and 112.14(c), you  |                                   |
| must state the reasons for        |                                   |
| nonconformance in your Plan and   |                                   |
| describe in detail alternate      |                                   |
| methods and how you will achieve  |                                   |
| equivalent environmental          |                                   |
| protection. If the Regional       |                                   |
| Administrator determines that the |                                   |
| measures described in your Plan   |                                   |
| do not provide equivalent         |                                   |
| environmental protection, he may  |                                   |
| require that you amend your Plan, |                                   |
| following the procedures in       |                                   |
| §112.4(d) and (e).**              |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 150. [Applicability]{.underline}: |                                   |
|      An owner or operator should  |                                   |
|      have flexibility to          |                                   |
|      substitute alternate         |                                   |
|      measures providing           |                                   |
|      equivalent environmental     |                                   |
|      protection in place of       |                                   |
|      express requirements.        |                                   |
|      Therefore, we allow          |                                   |
|      deviations from the          |                                   |
|      requirements in §112.7(g),   |                                   |
|      (h)(2) and (3), or (i), as   |                                   |
|      well as subparts B, and C,   |                                   |
|      except for the listed        |                                   |
|      secondary containment        |                                   |
|      provisions in §112.7 and     |                                   |
|      subparts B and C. We took    |                                   |
|      this step because we believe |                                   |
|      that the application of good |                                   |
|      engineering practice         |                                   |
|      requires the flexibility to  |                                   |
|      use alternative measures     |                                   |
|      when such measures offer     |                                   |
|      equivalent environmental     |                                   |
|      protection. This provision   |                                   |
|      may be especially important  |                                   |
|      in differentiating between   |                                   |
|      requirements for facilities  |                                   |
|      storing, processing, or      |                                   |
|      otherwise using various      |                                   |
|      types of oil.                |                                   |
|                                   |                                   |
| > A deviation may be used         |                                   |
| > whenever an owner or operator   |                                   |
| > can explain his reasons for     |                                   |
| > nonconformance, and provide     |                                   |
| > equivalent environmental        |                                   |
| > protection. Possible rationales |                                   |
| > for a deviation include when    |                                   |
| > the owner or operator can show  |                                   |
| > that the particular requirement |                                   |
| > is inappropriate for the        |                                   |
| > facility because of good        |                                   |
| > engineering practice            |                                   |
| > considerations or other         |                                   |
| > reasons, and that he can        |                                   |
| > achieve equivalent              |                                   |
| > environmental protection in an  |                                   |
| > alternate manner. For example,  |                                   |
| > a requirement that may be       |                                   |
| > essential for a facility        |                                   |
| > storing gasoline may be         |                                   |
| > inappropriate for a facility    |                                   |
| > storing asphalt; or, the owner  |                                   |
| > or operator may be able to      |                                   |
| > implement equivalent            |                                   |
| > environmental protection        |                                   |
| > through an alternate            |                                   |
| > technology. An owner or         |                                   |
| > operator may consider cost as   |                                   |
| > one of the factors in deciding  |                                   |
| > whether to deviate from a       |                                   |
| > particular requirement, but the |                                   |
| > alternate provided must achieve |                                   |
| > environmental protection        |                                   |
| > equivalent to the required      |                                   |
| > measure. The owner or operator  |                                   |
| > must ensure that the design of  |                                   |
| > any alternate device used as a  |                                   |
| > deviation is adequate for the   |                                   |
| > facility, and that the          |                                   |
| > alternate device is adequately  |                                   |
| > maintained. In all cases, the   |                                   |
| > owner or operator must explain  |                                   |
| > in the Plan his reason for      |                                   |
| > nonconformance. We do not       |                                   |
| > intend this deviation provision |                                   |
| > to be used as a means to avoid  |                                   |
| > compliance with the rule or     |                                   |
| > simply as an excuse for not     |                                   |
| > meeting requirements the owner  |                                   |
| > or operator believes are too    |                                   |
| > costly. The alternate measure   |                                   |
| > chosen must represent good      |                                   |
| > engineering practice and must   |                                   |
| > achieve environmental           |                                   |
| > protection equivalent to the    |                                   |
| > rule requirement. Technical     |                                   |
| > deviations, like other          |                                   |
| > substantive technical portions  |                                   |
| > of the Plan requiring the       |                                   |
| > application of engineering      |                                   |
| > judgment, are subject to PE     |                                   |
| > certification.                  |                                   |
|                                   |                                   |
| 151. [RA                          |                                   |
|      oversight]{.underline}*:*    |                                   |
|      Once an RA becomes aware of  |                                   |
|      a facility's SPCC Plan as a  |                                   |
|      result of an on-site         |                                   |
|      inspection or the submission |                                   |
|      of required information, he  |                                   |
|      is to follow the principles  |                                   |
|      of good engineering practice |                                   |
|      and not overrule a deviation |                                   |
|      unless it is clear that such |                                   |
|      deviation fails to afford    |                                   |
|      equivalent environmental     |                                   |
|      protection. This does not    |                                   |
|      mean that the deviation must |                                   |
|      achieve "mathematical        |                                   |
|      equivalency". But it does    |                                   |
|      mean equivalent protection   |                                   |
|      of the environment. We       |                                   |
|      encourage innovative         |                                   |
|      techniques, but such         |                                   |
|      techniques must also protect |                                   |
|      the environment. We also     |                                   |
|      believe that in general PEs  |                                   |
|      will seek to protect         |                                   |
|      themselves from liability by |                                   |
|      only certifying measures     |                                   |
|      that do provide equivalent   |                                   |
|      environmental protection.    |                                   |
|      But the RA must still retain |                                   |
|      the authority to require     |                                   |
|      amendments for deviations,   |                                   |
|      as he can with other parts   |                                   |
|      of the Plan certified by a   |                                   |
|      PE.                          |                                   |
|                                   |                                   |
| 152. [Not covered under the       |                                   |
|      deviation                    |                                   |
|      rule]{.underline}*:*         |                                   |
|      Deviations under             |                                   |
|      §112.7(a)(2) are not allowed |                                   |
|      for the general and specific |                                   |
|      secondary containment        |                                   |
|      provisions listed above      |                                   |
|      because §112.7(d) contains   |                                   |
|      the necessary requirements   |                                   |
|      when an owner or operator of |                                   |
|      a facility finds that        |                                   |
|      secondary containment is not |                                   |
|      practicable. We have amended |                                   |
|      both this paragraph and      |                                   |
|      §112.7(d) to clarify this.   |                                   |
|      Instead, the contingency     |                                   |
|      planning and other           |                                   |
|      requirements in §112.7(d)    |                                   |
|      apply. Section §112.7(d)     |                                   |
|      contains the measures which  |                                   |
|      a facility owner or operator |                                   |
|      must undertake when the      |                                   |
|      secondary containment        |                                   |
|      requirements in §112.7 and   |                                   |
|      subparts B and C are not     |                                   |
|      practicable. Those measures  |                                   |
|      are expressly tailored to    |                                   |
|      address the lack of          |                                   |
|      secondary containment at a   |                                   |
|      facility. They include       |                                   |
|      requirements to: explain why |                                   |
|      secondary containment is not |                                   |
|      practicable; conduct         |                                   |
|      periodic integrity testing   |                                   |
|      of bulk storage containers;  |                                   |
|      conduct periodic integrity   |                                   |
|      and leak testing of valves   |                                   |
|      and piping; provide in the   |                                   |
|      Plan a contingency plan      |                                   |
|      following the provisions of  |                                   |
|      40 CFR part 109; and,        |                                   |
|      provide a written commitment |                                   |
|      of manpower, equipment, and  |                                   |
|      materials to expeditiously   |                                   |
|      control and remove any       |                                   |
|      quantity of oil discharged   |                                   |
|      that may be harmful.         |                                   |
|                                   |                                   |
| > Deviations are also not         |                                   |
| > available for the general       |                                   |
| > recordkeeping and training      |                                   |
| > provisions in §112.7, as these  |                                   |
| > requirements are meant to apply |                                   |
| > to all facilities, or for the   |                                   |
| > provisions of §112.7(f) and     |                                   |
| > (j). We already provide         |                                   |
| > flexibility in the manner of    |                                   |
| > recordkeeping by allowing the   |                                   |
| > use of ordinary and customary   |                                   |
| > business records. Training and  |                                   |
| > a discussion of compliance with |                                   |
| > more stringent State rules are  |                                   |
| > essential for all facilities.   |                                   |
| > Therefore, we do not allow      |                                   |
| > deviations for these measures.  |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.7 General requirements    | Sec.112.7 General requirements    |
| for Spill Prevention, Control,    | for Spill Prevention, Control,    |
| and Countermeasure Plans.         | and Countermeasure Plans.         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(a\) . . .                       | \[No direct counterpart in old    |
|                                   | rule.\]                           |
| **(3) Describe in your Plan the   |                                   |
| physical layout of the facility   |                                   |
| and include a facility diagram,   |                                   |
| which must mark the location and  |                                   |
| contents of each container. The   |                                   |
| facility diagram must include     |                                   |
| completely buried tanks that are  |                                   |
| otherwise exempted from the       |                                   |
| requirements of this part under   |                                   |
| §112.1(d)(4). The facility        |                                   |
| diagram must also include all     |                                   |
| transfer stations and connecting  |                                   |
| pipes. You must also address in   |                                   |
| your Plan:**                      |                                   |
|                                   |                                   |
| **(i) The type of oil in each     |                                   |
| container and its storage         |                                   |
| capacity;**                       |                                   |
|                                   |                                   |
| **(ii) Discharge prevention       |                                   |
| measures including procedures for |                                   |
| routine handling of products      |                                   |
| (loading, unloading, and facility |                                   |
| transfers, etc.);**               |                                   |
|                                   |                                   |
| **(iii) Discharge or drainage     |                                   |
| controls such as secondary        |                                   |
| containment around containers and |                                   |
| other structures, equipment, and  |                                   |
| procedures for the control of a   |                                   |
| discharge;**                      |                                   |
|                                   |                                   |
| **(iv) Countermeasures for        |                                   |
| discharge discovery, response,    |                                   |
| and cleanup (both the facility's  |                                   |
| capability and those that might   |                                   |
| be required of a contractor);**   |                                   |
|                                   |                                   |
| **(v) Methods of disposal of      |                                   |
| recovered materials in accordance |                                   |
| with applicable legal             |                                   |
| requirements; and**               |                                   |
|                                   |                                   |
| **(vi) Contact list and phone     |                                   |
| numbers for the facility response |                                   |
| coordinator, National Response    |                                   |
| Center, cleanup contractors with  |                                   |
| whom you have an agreement for    |                                   |
| response, and all appropriate     |                                   |
| Federal, State, and local         |                                   |
| agencies who must be contacted in |                                   |
| case of a discharge as described  |                                   |
| in §112.1(b).**                   |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 1.  [General description of       |                                   |
|     characteristics]{.underline}: |                                   |
|     The following characteristics |                                   |
|     must be described on a        |                                   |
|     per-container basis: the      |                                   |
|     storage capacity of the       |                                   |
|     container, type of oil in     |                                   |
|     each container, and secondary |                                   |
|     containment for each          |                                   |
|     container. The major new      |                                   |
|     requirement in §112.7(a)(3)   |                                   |
|     is the facility diagram. The  |                                   |
|     other items mentioned in      |                                   |
|     §112.7(a)(3) -- storage       |                                   |
|     capacity of each container,   |                                   |
|     prevention measures,          |                                   |
|     discharge controls,           |                                   |
|     countermeasures, disposal     |                                   |
|     methods, and the contact list |                                   |
|     -- are already required under |                                   |
|     the current rule or required  |                                   |
|     by good engineering practice. |                                   |
|     Providing information on a    |                                   |
|     container-specific basis      |                                   |
|     helps the facility to         |                                   |
|     prioritize inspections and    |                                   |
|     maintenance of containers     |                                   |
|     based on characteristics such |                                   |
|     as age, capacity, or          |                                   |
|     location. It also helps       |                                   |
|     inspectors to prioritize      |                                   |
|     inspections of higher-risk    |                                   |
|     containers at a facility.     |                                   |
|     Container-specific            |                                   |
|     information helps an          |                                   |
|     inspector verify the capacity |                                   |
|     calculation to determine      |                                   |
|     whether a Plan is needed;     |                                   |
|     and, helps to formulate       |                                   |
|     contingency planning if such  |                                   |
|     planning is necessary.        |                                   |
|                                   |                                   |
| 2.  [Facility                     |                                   |
|     diagram]{.underline}: The     |                                   |
|     facility diagram is important |                                   |
|     because it is used for        |                                   |
|     effective prevention,         |                                   |
|     planning, management (for     |                                   |
|     example, inspections), and    |                                   |
|     response considerations. The  |                                   |
|     diagram will help the         |                                   |
|     facility and emergency        |                                   |
|     response personnel to plan    |                                   |
|     for emergencies. For example, |                                   |
|     the identification of the     |                                   |
|     type of oil in each container |                                   |
|     may help such personnel       |                                   |
|     determine the risks when      |                                   |
|     conducting a response action. |                                   |
|     Some oils present a higher    |                                   |
|     risk of fire and explosion    |                                   |
|     than other less flammable     |                                   |
|     oils. Inspectors and          |                                   |
|     personnel new to the facility |                                   |
|     need to know the location of  |                                   |
|     all containers subject to the |                                   |
|     rule. The facility diagram    |                                   |
|     may also help first           |                                   |
|     responders to determine the   |                                   |
|     pathway of the flow of        |                                   |
|     discharged oil. If responders |                                   |
|     know possible pathways, they  |                                   |
|     may be able to take measures  |                                   |
|     to control the flow of oil.   |                                   |
|     Such control may avert damage |                                   |
|     to sensitive environmental    |                                   |
|     areas; may protect drinking   |                                   |
|     water sources; and may help   |                                   |
|     responders to prevent         |                                   |
|     discharges to other conduits  |                                   |
|     leading to a treatment        |                                   |
|     facility or navigable waters. |                                   |
|     Diagrams may assist Federal,  |                                   |
|     State, or facility personnel  |                                   |
|     to avoid certain hazards and  |                                   |
|     to respond differently to     |                                   |
|     others. The facility diagram  |                                   |
|     is necessary for all          |                                   |
|     facilities, large or small,   |                                   |
|     because the rationale is the  |                                   |
|     same for both. While some     |                                   |
|     States may require a diagram, |                                   |
|     others do not. SPCC is a      |                                   |
|     Federal program specifying    |                                   |
|     minimum requirements, which   |                                   |
|     the States may supplement     |                                   |
|     with their own more stringent |                                   |
|     requirements. State plans may |                                   |
|     be used as SPCC Plans if they |                                   |
|     meet all Federal              |                                   |
|     requirements, thus avoiding   |                                   |
|     any duplication of effort.    |                                   |
|                                   |                                   |
| 3.  [Facility diagram --          |                                   |
|     container                     |                                   |
|     contents]{.underline}: The    |                                   |
|     facility diagram must include |                                   |
|     all fixed (i.e., not mobile   |                                   |
|     or portable) containers which |                                   |
|     store 55 gallons or more of   |                                   |
|     oil and must include          |                                   |
|     information marking the       |                                   |
|     contents of those containers. |                                   |
|     If store mobile containers    |                                   |
|     are stored in a certain area, |                                   |
|     the owner or operator of the  |                                   |
|     facility must mark that area  |                                   |
|     on the diagram. He may mark   |                                   |
|     the contents of each          |                                   |
|     container either on the       |                                   |
|     diagram of the facility, or   |                                   |
|     on a separate sheet or log if |                                   |
|     those contents change on a    |                                   |
|     frequent basis. Marking       |                                   |
|     containers makes for more     |                                   |
|     effective prevention,         |                                   |
|     planning, management, and     |                                   |
|     response. For example, a      |                                   |
|     responder may take one type   |                                   |
|     of emergency measure for one  |                                   |
|     type of oil, and another      |                                   |
|     measure for another type. As  |                                   |
|     noted above, oils differ in   |                                   |
|     their risk of fire and        |                                   |
|     explosion. Gasoline is highly |                                   |
|     flammable and volatile. It    |                                   |
|     presents the risk of fire and |                                   |
|     inhalation of vapors when     |                                   |
|     discharged. However, motor    |                                   |
|     oil is not highly flammable,  |                                   |
|     and there is no inhalation of |                                   |
|     vapors hazard associated with |                                   |
|     its discharge. In an          |                                   |
|     emergency, the responder may  |                                   |
|     not have container content    |                                   |
|     information unless it is      |                                   |
|     clearly marked on a diagram,  |                                   |
|     log, or sheet. For emergency  |                                   |
|     response purposes, we also    |                                   |
|     encourage, but do not require |                                   |
|     you to mark on the facility   |                                   |
|     diagram containers that store |                                   |
|     CWA hazardous substances and  |                                   |
|     to label the contents of      |                                   |
|     those containers. When the    |                                   |
|     contents of an oil container  |                                   |
|     change, this may or may not   |                                   |
|     be a material change          |                                   |
|     (see§112.5(a)).               |                                   |
|                                   |                                   |
| 4.  [Facility diagram -- Transfer |                                   |
|     stations, connecting pipes,   |                                   |
|     and USTs]{.underline}: All    |                                   |
|     facility transfer stations    |                                   |
|     and connecting pipes that     |                                   |
|     handle oil must be included   |                                   |
|     in the diagram. This will     |                                   |
|     help facilitate response by   |                                   |
|     informing responders of the   |                                   |
|     location of this equipment.   |                                   |
|     The location of all           |                                   |
|     containers and connecting     |                                   |
|     pipes that store oil (other   |                                   |
|     than *de minimis* containers) |                                   |
|     must be marked, including     |                                   |
|     USTs and other containers not |                                   |
|     subject to SPCC rules which   |                                   |
|     are present at SPCC           |                                   |
|     facilities. This is necessary |                                   |
|     to facilitate response by     |                                   |
|     informing responders of the   |                                   |
|     location of these containers. |                                   |
|                                   |                                   |
| 5.  [Discharge prevention         |                                   |
|     measures]{.underline}: We use |                                   |
|     the term "discharge           |                                   |
|     prevention measures" because  |                                   |
|     it encompasses both secondary |                                   |
|     containment and other         |                                   |
|     discharge prevention          |                                   |
|     measures.                     |                                   |
|                                   |                                   |
| 6.  [Drainage                     |                                   |
|     controls]{.underline}: We     |                                   |
|     include a reference to        |                                   |
|     drainage controls in the      |                                   |
|     paragraph because drainage    |                                   |
|     systems or diversionary ponds |                                   |
|     might be an alternative means |                                   |
|     of secondary containment (see |                                   |
|     §112.7(c)(1)(iii) and (v)).   |                                   |
|                                   |                                   |
| 7.  [Discharge                    |                                   |
|     countermeasures]{.underline}: |                                   |
|     A discussion of discovery,    |                                   |
|     response, and cleanup in the  |                                   |
|     Plan is necessary in order to |                                   |
|     be prepared for any           |                                   |
|     discharges. This information  |                                   |
|     is required here, as opposed  |                                   |
|     to a response section,        |                                   |
|     because most SPCC facilities  |                                   |
|     are not required to have      |                                   |
|     response plans, and the       |                                   |
|     information is necessary to   |                                   |
|     prepare for discharge         |                                   |
|     discovery, response, and      |                                   |
|     cleanup.                      |                                   |
|                                   |                                   |
| 8.  [Disposal of recovered        |                                   |
|     materials]{.underline}: This  |                                   |
|     provision applies to all      |                                   |
|     facilities, including mobile  |                                   |
|     facilities, because proper    |                                   |
|     disposal of recovered         |                                   |
|     materials helps prevent a     |                                   |
|     discharge as described in     |                                   |
|     §112.1(b) by ensuring that    |                                   |
|     the materials are managed in  |                                   |
|     an environmentally sound      |                                   |
|     manner. Proper disposal also  |                                   |
|     assists response efforts. If  |                                   |
|     a facility lacks adequate     |                                   |
|     resources to dispose of       |                                   |
|     recovered oil and             |                                   |
|     oil-contaminated material     |                                   |
|     during a response, it limits  |                                   |
|     how much and how quickly oil  |                                   |
|     and oil-contaminated material |                                   |
|     is recovered, thereby         |                                   |
|     increasing the risk and       |                                   |
|     damage to the environment.    |                                   |
|     The paragraph requires a      |                                   |
|     discussion of the methods     |                                   |
|     employed to dispose of        |                                   |
|     recovered materials; it does  |                                   |
|     not require that materials    |                                   |
|     recovered be "disposed" of in |                                   |
|     any particular manner nor is  |                                   |
|     it an independent requirement |                                   |
|     to properly dispose of        |                                   |
|     materials. There is no        |                                   |
|     infringement on or            |                                   |
|     duplication of any other      |                                   |
|     State or Federal program or   |                                   |
|     regulatory authority. We      |                                   |
|     assume that good engineering  |                                   |
|     practice will in many cases   |                                   |
|     include a discussion of such  |                                   |
|     disposal already. By          |                                   |
|     describing those methods in   |                                   |
|     the Plan, an owner or         |                                   |
|     operator helps to ensure that |                                   |
|     the facility has done the     |                                   |
|     appropriate planning to be    |                                   |
|     able to dispose of recovered  |                                   |
|     materials, should a discharge |                                   |
|     occur. We support the         |                                   |
|     recycling of spilled oil to   |                                   |
|     the extent possible, rather   |                                   |
|     than its disposal. For        |                                   |
|     purposes of this rule,        |                                   |
|     disposal of recovered         |                                   |
|     materials includes recycling  |                                   |
|     of those materials.           |                                   |
|                                   |                                   |
| 9.  [Contact list]{.underline}:   |                                   |
|     We have amended the rule to   |                                   |
|     require that the cleanup      |                                   |
|     contractor listed must be the |                                   |
|     one with whom the facility    |                                   |
|     has an agreement for response |                                   |
|     that ensures the availability |                                   |
|     of the necessary personnel    |                                   |
|     and equipment within          |                                   |
|     appropriate response times.   |                                   |
|     This information is presented |                                   |
|     here, rather than in a        |                                   |
|     response section, because     |                                   |
|     most SPCC facilities are not  |                                   |
|     required to have response     |                                   |
|     plans, and the information is |                                   |
|     necessary to prepare for      |                                   |
|     response to an emergency. An  |                                   |
|     agreement to respond may      |                                   |
|     include a contract or some    |                                   |
|     less formal relationship with |                                   |
|     a cleanup contractor. No      |                                   |
|     formal written agreement to   |                                   |
|     respond is required by the    |                                   |
|     SPCC rule, but if one exists, |                                   |
|     it must be discussed in the   |                                   |
|     Plan. We refer to "all        |                                   |
|     appropriate State and local   |                                   |
|     agencies." "Appropriate"      |                                   |
|     means those State and local   |                                   |
|     agencies that must be         |                                   |
|     contacted due to Federal or   |                                   |
|     State requirements, or        |                                   |
|     pursuant to good engineering  |                                   |
|     practice. An owner or         |                                   |
|     operator may not always be    |                                   |
|     required to notify fire       |                                   |
|     departments, local emergency  |                                   |
|     planning committees (LEPCs),  |                                   |
|     and State emergency response  |                                   |
|     commissions (SERCs), nor as   |                                   |
|     an engineering practice do    |                                   |
|     they always need to receive   |                                   |
|     direct notice from the        |                                   |
|     facility in the event of a    |                                   |
|     discharge as described in     |                                   |
|     §112.1(b). At times they      |                                   |
|     might, but they might also    |                                   |
|     receive notice from other     |                                   |
|     sources (e.g., the National   |                                   |
|     Response Center). Other State |                                   |
|     and local agencies might also |                                   |
|     need notice from the owner or |                                   |
|     operator. We added the word   |                                   |
|     "Federal" to the list of all  |                                   |
|     appropriate contact agencies  |                                   |
|     because there are times when  |                                   |
|     an owner or operator must     |                                   |
|     notify EPA of certain         |                                   |
|     discharges (see §112.4(a)).   |                                   |
|     There might also be           |                                   |
|     requirements under Federal    |                                   |
|     statutes other than the CWA,  |                                   |
|     for notice in such            |                                   |
|     emergencies.                  |                                   |
|                                   |                                   |
| > We have ample authority to ask  |                                   |
| > for information concerning      |                                   |
| > emergency contacts under the    |                                   |
| > CWA because it is relevant to   |                                   |
| > the statute's prevention,       |                                   |
| > preparedness, and response      |                                   |
| > purposes. Furthermore, it is an |                                   |
| > appropriate question for all    |                                   |
| > facilities, including mobile    |                                   |
| > facilities, because it is       |                                   |
| > necessary to prepare for        |                                   |
| > discharges and to aid in prompt |                                   |
| > cleanup when they occur. Having |                                   |
| > a Plan which contains a contact |                                   |
| > list of response organizations  |                                   |
| > is a procedure and method to    |                                   |
| > contain a discharge of oil as   |                                   |
| > specified in CWA section        |                                   |
| > 311(j)(1)(C).                   |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.7 General requirements    | Sec.112.7 General requirements    |
| for Spill Prevention, Control,    | for Spill Prevention, Control,    |
| and Countermeasure Plans.         | and Countermeasure Plans.         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(a\) . . .                       | \[No direct counterpart in old    |
|                                   | rule.\]                           |
| **(4) Unless you have submitted a |                                   |
| response plan under §112.20,      |                                   |
| provide information and           |                                   |
| procedures in your Plan to enable |                                   |
| a person reporting a discharge as |                                   |
| described in §112.1(b) to relate  |                                   |
| information on the exact address  |                                   |
| or location and phone number of   |                                   |
| the facility; the date and time   |                                   |
| of the discharge, the type of     |                                   |
| material discharged; estimates of |                                   |
| the total quantity discharged;    |                                   |
| estimates of the quantity         |                                   |
| discharged as described in        |                                   |
| §112.1(b); the source of the      |                                   |
| discharge; a description of all   |                                   |
| affected media; the cause of the  |                                   |
| discharge; any damages or         |                                   |
| injuries caused by the discharge; |                                   |
| actions being used to stop,       |                                   |
| remove, and mitigate the effects  |                                   |
| of the discharge; whether an      |                                   |
| evacuation may be needed; and,    |                                   |
| the names of individuals and/or   |                                   |
| organizations who have also been  |                                   |
| contacted.**                      |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 10. [Information and              |                                   |
|     procedures]{.underline}: We   |                                   |
|     revised the rule to provide   |                                   |
|     for "information and          |                                   |
|     procedures" that would assist |                                   |
|     the reporting of discharges   |                                   |
|     as described in §112.1(b).    |                                   |
|     "Information" refers to the   |                                   |
|     facts that an owner or        |                                   |
|     operator must report, and     |                                   |
|     "procedures" refers to the    |                                   |
|     method of reporting those     |                                   |
|     facts. Such procedures must   |                                   |
|     address whom the person       |                                   |
|     relating the information      |                                   |
|     should call, in what order    |                                   |
|     the caller should call        |                                   |
|     potential responders and      |                                   |
|     others, and any other         |                                   |
|     instructions necessary to     |                                   |
|     facilitate notification of a  |                                   |
|     discharge as described in     |                                   |
|     §112.1(b). If properly noted, |                                   |
|     the information and           |                                   |
|     procedures in the Plan should |                                   |
|     enable a person reporting a   |                                   |
|     discharge to accurately       |                                   |
|     describe information          |                                   |
|     concerning that occurrence to |                                   |
|     the proper persons in an      |                                   |
|     emergency. Any information or |                                   |
|     procedure not applicable will |                                   |
|     not have to be used.          |                                   |
|     Available information on a    |                                   |
|     discharge must be reported.   |                                   |
|     Applicable procedures must be |                                   |
|     followed.                     |                                   |
|                                   |                                   |
| 11. [State                        |                                   |
|     requirements]{.underline}:    |                                   |
|     Where this information is     |                                   |
|     duplicative with State        |                                   |
|     requirements, the owner or    |                                   |
|     operator can use a State SPCC |                                   |
|     Plan for Federal SPCC         |                                   |
|     purposes.                     |                                   |
|                                   |                                   |
| 12. [Response plan                |                                   |
|     applicability]{.underline}:   |                                   |
|     This information is required  |                                   |
|     here, rather than in a        |                                   |
|     response section, because     |                                   |
|     most SPCC facilities are not  |                                   |
|     required to have response     |                                   |
|     plans, and the information is |                                   |
|     necessary to prepare for      |                                   |
|     response to an emergency.     |                                   |
|     However, if a facility has    |                                   |
|     prepared and submitted a      |                                   |
|     response plan to us under     |                                   |
|     §112.20, there is no need to  |                                   |
|     document this information in  |                                   |
|     the SPCC Plan, because it is  |                                   |
|     already contained in the      |                                   |
|     response plan (see            |                                   |
|     §112.20(h)(1)(i)-(viii)).     |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.7 General requirements    | Sec.112.7 General requirements    |
| for Spill Prevention, Control,    | for Spill Prevention, Control,    |
| and Countermeasure Plans.         | and Countermeasure Plans.         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(a\) . . .                       | \[No direct counterpart in old    |
|                                   | rule.\]                           |
| **(5) Unless you have submitted a |                                   |
| response plan under §112.20,      |                                   |
| organize portions of the Plan     |                                   |
| describing procedures you will    |                                   |
| use when a discharge occurs in a  |                                   |
| way that will make them readily   |                                   |
| usable in an emergency, and       |                                   |
| include appropriate supporting    |                                   |
| material as appendices.**         |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 13. [Background]{.underline}:     |                                   |
|     This paragraph ensures that   |                                   |
|     portions of the Plan          |                                   |
|     describing procedures to be   |                                   |
|     used in emergency             |                                   |
|     circumstances are organized   |                                   |
|     in a manner to make them      |                                   |
|     readily usable in an          |                                   |
|     emergency. Because this       |                                   |
|     information would repeat      |                                   |
|     information contained in a    |                                   |
|     response plan submitted under |                                   |
|     §112.20, we have excluded     |                                   |
|     from the requirements of this |                                   |
|     paragraph those facilities    |                                   |
|     which have submitted response |                                   |
|     plans (see                    |                                   |
|     §112.20(h)(3)(i)-(ix)).       |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.7 General requirements    | Sec.112.7 General requirements    |
| for Spill Prevention, Control,    | for Spill Prevention, Control,    |
| and Countermeasure Plans.         | and Countermeasure Plans.         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(b\) Where experience indicates  | \(b\) Where experience indicates  |
| a reasonable potential for        | a reasonable potential for        |
| equipment failure (such as        | equipment failure (such as tank   |
| *loading or unloading equipment*, | overflow, rupture, or leakage),   |
| tank overflow, rupture, or        | the plan should include a         |
| leakage, *or any other equipment  | prediction of the direction, rate |
| known to be a source of a         | of flow, and total quantity of    |
| discharge*), *include in your     | oil which could be discharged     |
| Plan* a prediction of the         | from the facility as a result of  |
| direction, rate of flow, and      | each major type of failure.       |
| total quantity of oil which could |                                   |
| be discharged from the facility   | . . . . . . . . . . . . .         |
| as a result of each *type of      |                                   |
| major equipment failure*.         |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 14. [Applicability]{.underline}:  |                                   |
|     The Plan must only discuss    |                                   |
|     potential failure situations  |                                   |
|     that might result in a        |                                   |
|     discharge from the facility,  |                                   |
|     not any failure situation.    |                                   |
|     When experience indicates a   |                                   |
|     reasonable potential for      |                                   |
|     failure of equipment, the     |                                   |
|     Plan must contain certain     |                                   |
|     information relevant to those |                                   |
|     failures. "Experience"        |                                   |
|     includes the experience of    |                                   |
|     the facility and the industry |                                   |
|     in general. The requirement   |                                   |
|     should not be too difficult   |                                   |
|     for owners or operators of    |                                   |
|     small or mobile facilities,   |                                   |
|     or of flowlines or gathering  |                                   |
|     lines, or of electrical       |                                   |
|     equipment facilities, or      |                                   |
|     other users of oil. We        |                                   |
|     believe that a Professional   |                                   |
|     Engineer may evaluate the     |                                   |
|     potential risk of failure for |                                   |
|     the aforementioned facilities |                                   |
|     and equipment and predict     |                                   |
|     with a certain degree of      |                                   |
|     accuracy the result of a      |                                   |
|     failure from each. Since we   |                                   |
|     have raised the regulatory    |                                   |
|     threshold, this requirement   |                                   |
|     will not be applicable to     |                                   |
|     many smaller facilities.      |                                   |
|                                   |                                   |
| 15. [Failure                      |                                   |
|     factors]{.underline}: To      |                                   |
|     comply with this section, an  |                                   |
|     owner or operator must only   |                                   |
|     address "major equipment"     |                                   |
|     failures. A major equipment   |                                   |
|     failure is one which could    |                                   |
|     cause a discharge as          |                                   |
|     described in §112.1(b), not a |                                   |
|     minor failure possibility. To |                                   |
|     help clarify the type of      |                                   |
|     equipment failures the rule   |                                   |
|     contemplates, we have added   |                                   |
|     examples of other types of    |                                   |
|     failures that would trigger   |                                   |
|     the requirements of this      |                                   |
|     paragraph. Such other         |                                   |
|     equipment failures include    |                                   |
|     failures of loading/unloading |                                   |
|     equipment, or of any other    |                                   |
|     equipment known to be a       |                                   |
|     source of a discharge.        |                                   |
|                                   |                                   |
| > The analysis required will      |                                   |
| > depend on the experience of the |                                   |
| > facility and how sophisticated  |                                   |
| > the facility equipment is. If   |                                   |
| > the facility has simpler        |                                   |
| > equipment, there will be less   |                                   |
| > to detail. If the facility has  |                                   |
| > more sophisticated equipment, a |                                   |
| > more detailed analysis is       |                                   |
| > appropriate. If the facility's  |                                   |
| > experience or industry          |                                   |
| > experience in general indicates |                                   |
| > a higher risk of failure        |                                   |
| > associated with the use of that |                                   |
| > equipment, the analysis will    |                                   |
| > also have to be more detailed.  |                                   |
| > This rationale and analytic     |                                   |
| > detail are also applicable to   |                                   |
| > electrical equipment facilities |                                   |
| > and other facilities that do    |                                   |
| > not store oil, but contain it   |                                   |
| > for operational use. Again, the |                                   |
| > required explanation will be    |                                   |
| > tailored to the type of         |                                   |
| > equipment used and the          |                                   |
| > experience with that equipment. |                                   |
|                                   |                                   |
| 16. [Spill pathways]{.underline}: |                                   |
|     The level of analysis of      |                                   |
|     spill pathways will depend on |                                   |
|     the geographic                |                                   |
|     characteristics of the        |                                   |
|     facility's site and the       |                                   |
|     possibility of a discharge as |                                   |
|     described in §112.1(b) that   |                                   |
|     equipment failure might       |                                   |
|     cause. However, the           |                                   |
|     Professional Engineer should  |                                   |
|     focus on the most obvious     |                                   |
|     spill pathways.               |                                   |
|                                   |                                   |
| > Because this information is     |                                   |
| > facility-specific, the owner or |                                   |
| > operator of a mobile facility   |                                   |
| > will not be able to detail      |                                   |
| > spill pathways in the general   |                                   |
| > Plan for the facility each time |                                   |
| > the facility moves. However,    |                                   |
| > the owner or operator must      |                                   |
| > provide management practices in |                                   |
| > the general Plan that provide   |                                   |
| > for containment of discharges   |                                   |
| > in spill pathways in a variety  |                                   |
| > of geographic conditions likely |                                   |
| > to be encountered. In case of a |                                   |
| > discharge at a particular       |                                   |
| > facility, the owner or operator |                                   |
| > would then take appropriate     |                                   |
| > action to contain or remove the |                                   |
| > discharge. For example, the     |                                   |
| > Plan may provide that a rig     |                                   |
| > must be positioned to minimize  |                                   |
| > or prevent discharges as        |                                   |
| > described in §112.1(b); or it   |                                   |
| > may provide for the use of      |                                   |
| > spill pans, drip trays,         |                                   |
| > excavations, or trenching to    |                                   |
| > augment discharge prevention.   |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.7 General requirements    | Sec.112.7 General requirements    |
| for Spill Prevention, Control,    | for Spill Prevention, Control,    |
| and Countermeasure Plans.         | and Countermeasure Plans.         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(c\) *Provide* appropriate       | \(c\) Appropriate containment     |
| containment and/or diversionary   | and/or diversionary structures or |
| structures or equipment to        | equipment to prevent discharged   |
| prevent *a discharge as described | oil from reaching a navigable     |
| in §112.1(b)*. *The entire        | water course should be provided.  |
| containment system, including     | One of the following preventive   |
| walls and floor, must be capable  | systems or its equivalent should  |
| of containing oil and must be     | be used as a minimum:             |
| constructed so that any discharge |                                   |
| from a primary containment        | \(1\) Onshore facilities:         |
| system, such as a tank or pipe,   |                                   |
| will not escape the containment   | \(i\) Dikes, berms or retaining   |
| system before cleanup occurs. At  | walls sufficiently impervious to  |
| a minimum, you must use* one of   | contain spilled oil;              |
| the following prevention systems  |                                   |
| or its equivalent*:*              | \(ii\) Curbing;                   |
|                                   |                                   |
| \(1\) For onshore facilities:     | \(iii\) Culverting, gutters or    |
|                                   | other drainage systems;           |
| \(i\) Dikes, berms, or retaining  |                                   |
| walls sufficiently impervious to  | \(iv\) Weirs, booms or other      |
| *contain oil*;                    | barriers;                         |
|                                   |                                   |
| \(ii\) Curbing;                   | \(v\) Spill diversion ponds;      |
|                                   |                                   |
| \(iii\) Culverting, gutters, or   | \(vi\) Retention ponds;           |
| other drainage systems;           |                                   |
|                                   | \(vii\) Sorbent materials.        |
| \(iv\) Weirs, booms, or other     |                                   |
| barriers;                         | \(2\) Offshore facilities:        |
|                                   |                                   |
| \(v\) Spill diversion ponds;      | \(i\) Curbing, drip pans;         |
|                                   |                                   |
| \(vi\) Retention ponds; or        | \(ii\) Sumps and collection       |
|                                   | systems.                          |
| \(vii\) Sorbent materials.        |                                   |
|                                   | . . . . . . . . . . . . .         |
| \(2\) For offshore facilities:    |                                   |
|                                   |                                   |
| \(i\) Curbing or drip pans; or    |                                   |
|                                   |                                   |
| \(ii\) Sumps and collection       |                                   |
| systems.                          |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 17. [Contingency                  |                                   |
|     planning]{.underline}: A      |                                   |
|     contingency plan should not   |                                   |
|     be used routinely as a        |                                   |
|     substitute for secondary      |                                   |
|     containment because we        |                                   |
|     believe it is normally        |                                   |
|     environmentally better to     |                                   |
|     contain oil than to clean it  |                                   |
|     up after it has been          |                                   |
|     discharged. Secondary         |                                   |
|     containment is intended to    |                                   |
|     contain discharged oil so     |                                   |
|     that it does not leave the    |                                   |
|     facility and contaminate the  |                                   |
|     environment. The proper       |                                   |
|     method of secondary           |                                   |
|     containment is a matter of    |                                   |
|     good engineering practice,    |                                   |
|     and so we do not prescribe    |                                   |
|     here any particular method.   |                                   |
|     Under part 112, where         |                                   |
|     secondary containment is not  |                                   |
|     practicable, you may deviate  |                                   |
|     from the requirement, provide |                                   |
|     a contingency plan following  |                                   |
|     the provisions of 40 CFR part |                                   |
|     109, and comply with the      |                                   |
|     other requirements of         |                                   |
|     §112.7(d). For bulk storage   |                                   |
|     containers, those             |                                   |
|     requirements include both     |                                   |
|     periodic integrity testing of |                                   |
|     the containers and periodic   |                                   |
|     integrity and leak testing of |                                   |
|     the valves and piping. You    |                                   |
|     must also provide a written   |                                   |
|     commitment of manpower,       |                                   |
|     equipment, and materials to   |                                   |
|     expeditiously control and     |                                   |
|     remove any quantity of oil    |                                   |
|     discharged that may be        |                                   |
|     harmful.                      |                                   |
|                                   |                                   |
| 18. [Applicability of             |                                   |
|     requirement]{.underline}:     |                                   |
|     Secondary containment is best |                                   |
|     for most facilities storing   |                                   |
|     or using oil because it is    |                                   |
|     the most effective method to  |                                   |
|     stop oil from migrating       |                                   |
|     beyond that containment. We   |                                   |
|     believe that secondary        |                                   |
|     containment is preferable to  |                                   |
|     a contingency plan at manned  |                                   |
|     and unmanned facilities       |                                   |
|     because it prevents           |                                   |
|     discharges as described in    |                                   |
|     §112.1(b). At unmanned        |                                   |
|     facilities, it may be even    |                                   |
|     more important because of the |                                   |
|     lag in time before a          |                                   |
|     discharge may be discovered.  |                                   |
|     Notwithstanding what may be   |                                   |
|     difficult terrain, we believe |                                   |
|     that some form of secondary   |                                   |
|     containment is practicable at |                                   |
|     most facilities, including    |                                   |
|     remote production facilities. |                                   |
|     In fact, it may often be more |                                   |
|     feasible in remote or rural   |                                   |
|     areas because there are fewer |                                   |
|     space limitations in such     |                                   |
|     areas. For example, at some   |                                   |
|     remote mobile or production   |                                   |
|     facilities, owners or         |                                   |
|     operators dig trenches and    |                                   |
|     line them for containment or  |                                   |
|     retention of drilling fluids. |                                   |
|     Technologies used at offshore |                                   |
|     facilities to catch or        |                                   |
|     contain oil may also          |                                   |
|     sometimes be used onshore.    |                                   |
|                                   |                                   |
| > While some types of secondary   |                                   |
| > containment (for example, dikes |                                   |
| > or berms) may not be            |                                   |
| > appropriate at certain          |                                   |
| > facilities, other types (for    |                                   |
| > example, diversionary systems   |                                   |
| > or remote impounding) might.    |                                   |
| > However, we recognize that some |                                   |
| > or perhaps all types of         |                                   |
| > secondary containment for       |                                   |
| > certain facilities with         |                                   |
| > equipment that contain oil,     |                                   |
| > such as electrical equipment,   |                                   |
| > may be contrary to safety       |                                   |
| > factors or other good           |                                   |
| > engineering practice            |                                   |
| > considerations. Other           |                                   |
| > equipment, like fired or        |                                   |
| > pressurized vessels, might have |                                   |
| > safety considerations that      |                                   |
| > preclude some or all types of   |                                   |
| > secondary containment.          |                                   |
| >                                 |                                   |
| > Some facilities or equipment    |                                   |
| > that use but do not store oil   |                                   |
| > may or may not, as a matter of  |                                   |
| > good engineering practice,      |                                   |
| > employ secondary containment.   |                                   |
| > Such facilities might include   |                                   |
| > wastewater treatment            |                                   |
| > facilities, whose purpose is    |                                   |
| > not to store oil, but to treat  |                                   |
| > water. Other facilities that    |                                   |
| > may not find the requirement    |                                   |
| > practicable are those that use  |                                   |
| > oil in equipment such as        |                                   |
| > hydraulic equipment. Similarly, |                                   |
| > flowlines must have a program   |                                   |
| > of maintenance to prevent       |                                   |
| > discharges (see §112.9(d)(3)).  |                                   |
| > The maintenance program may or  |                                   |
| > may not include secondary       |                                   |
| > containment. Owners or          |                                   |
| > operators of underground piping |                                   |
| > must have some form of          |                                   |
| > corrosion protection, but do    |                                   |
| > not necessarily have to use     |                                   |
| > secondary containment for that  |                                   |
| > purpose.                        |                                   |
| >                                 |                                   |
| > For a facility where secondary  |                                   |
| > containment is not practicable, |                                   |
| > the owner or operator is not    |                                   |
| > exempt from the requirement,    |                                   |
| > but may instead provide a       |                                   |
| > contingency plan and take other |                                   |
| > measures required under         |                                   |
| > §112.7(d). For most facilities, |                                   |
| > however, including small        |                                   |
| > facilities, mobile facilities,  |                                   |
| > production facilities, mining   |                                   |
| > sites, and any other facilities |                                   |
| > that store or use oil, we       |                                   |
| > believe that secondary          |                                   |
| > containment is generally        |                                   |
| > necessary and appropriate to    |                                   |
| > prevent a discharge as          |                                   |
| > described in §112.1(b). Without |                                   |
| > secondary containment,          |                                   |
| > discharges from containers      |                                   |
| > would often reach navigable     |                                   |
| > waters or adjoining shorelines, |                                   |
| > or affect natural resources.    |                                   |
|                                   |                                   |
| 19. [Methods of secondary         |                                   |
|     containment]{.underline}: The |                                   |
|     appropriate method of         |                                   |
|     secondary containment is an   |                                   |
|     engineering question. Earthen |                                   |
|     or natural structures may be  |                                   |
|     acceptable if they contain    |                                   |
|     and prevent discharges as     |                                   |
|     described in §112.1(b),       |                                   |
|     including containment that    |                                   |
|     prevents discharge of oil to  |                                   |
|     groundwater that is connected |                                   |
|     to navigable water. What is   |                                   |
|     practical for one facility,   |                                   |
|     however, might not work for   |                                   |
|     another. If secondary         |                                   |
|     containment is not            |                                   |
|     practicable, then the         |                                   |
|     facility must provide a       |                                   |
|     contingency plan following    |                                   |
|     the provisions of 40 CFR part |                                   |
|     109, and otherwise comply     |                                   |
|     with §112.7(d).               |                                   |
|                                   |                                   |
| 20. [Double-walled or vaulted     |                                   |
|     tanks]{.underline}: The term  |                                   |
|     "vaulted tank" has been used  |                                   |
|     to describe both              |                                   |
|     double-walled tanks           |                                   |
|     (especially those with a      |                                   |
|     concrete outer shell) and     |                                   |
|     tanks inside underground      |                                   |
|     vaults, rooms, or crawl       |                                   |
|     spaces. While double-walled   |                                   |
|     or vaulted tanks are subject  |                                   |
|     to secondary containment      |                                   |
|     requirements, shop-fabricated |                                   |
|     double-walled aboveground     |                                   |
|     storage tanks equipped with   |                                   |
|     adequate technical spill and  |                                   |
|     leak prevention options might |                                   |
|     provide sufficient equivalent |                                   |
|     secondary containment as that |                                   |
|     required under §112.7(c).     |                                   |
|     Such options include overfill |                                   |
|     alarms, flow shutoff or       |                                   |
|     restrictor devices, and       |                                   |
|     constant monitoring of        |                                   |
|     product transfers. In the     |                                   |
|     case of vaulted tanks, the    |                                   |
|     Professional Engineer must    |                                   |
|     determine whether the vault   |                                   |
|     meets the requirements for    |                                   |
|     secondary containment in      |                                   |
|     §112.7(c). This determination |                                   |
|     should include an evaluation  |                                   |
|     of drainage systems and of    |                                   |
|     sumps or pumps which could    |                                   |
|     cause a discharge of oil      |                                   |
|     outside the vault. Industry   |                                   |
|     standards for vaulted tanks   |                                   |
|     often require the vaults to   |                                   |
|     be liquid tight, which if     |                                   |
|     sized correctly, may meet the |                                   |
|     secondary containment         |                                   |
|     requirement. There might also |                                   |
|     be other examples of such     |                                   |
|     alternative systems.          |                                   |
|                                   |                                   |
| 21. [Completely buried            |                                   |
|     tanks]{.underline}:           |                                   |
|     Completely buried tanks,      |                                   |
|     other than those exempted     |                                   |
|     from this rule because they   |                                   |
|     are subject to all technical  |                                   |
|     Federal or State UST          |                                   |
|     requirements, are subject to  |                                   |
|     the secondary containment     |                                   |
|     requirement. We realize that  |                                   |
|     the concept of freeboard for  |                                   |
|     precipitation is inapplicable |                                   |
|     to secondary containment for  |                                   |
|     completely buried tanks. The  |                                   |
|     requirement for secondary     |                                   |
|     containment may be satisfied  |                                   |
|     in any of the ways listed in  |                                   |
|     the rule or their equivalent. |                                   |
|                                   |                                   |
| 22. ["Sufficiently impervious"    |                                   |
|     standard]{.underline}: We     |                                   |
|     retained the current standard |                                   |
|     that dikes, berms, or         |                                   |
|     retaining walls must be       |                                   |
|     sufficiently impervious to    |                                   |
|     contain oil. The purpose of   |                                   |
|     secondary containment is to   |                                   |
|     contain oil from escaping the |                                   |
|     facility and reaching the     |                                   |
|     environment. An owner or      |                                   |
|     operator of a facility should |                                   |
|     have flexibility in how he    |                                   |
|     prevents a discharge as       |                                   |
|     described in §112.1(b), and   |                                   |
|     any method of containment     |                                   |
|     that achieves that end is     |                                   |
|     sufficient. Should such       |                                   |
|     containment fail, the owner   |                                   |
|     or operator must immediately  |                                   |
|     clean up any discharged oil.  |                                   |
|                                   |                                   |
| > Because the purpose of the      |                                   |
| > "sufficiently impervious"       |                                   |
| > standard is to prevent          |                                   |
| > discharges as described in      |                                   |
| > §112.1(b), dikes, berms, or     |                                   |
| > retaining walls must be capable |                                   |
| > of containing oil and           |                                   |
| > preventing such discharges.     |                                   |
| > Discharges as described in      |                                   |
| > §112.1(b) may result from       |                                   |
| > direct discharges from          |                                   |
| > containers, or from discharges  |                                   |
| > from containers to groundwater  |                                   |
| > that travel through the         |                                   |
| > groundwater to navigable        |                                   |
| > waters. Effective containment   |                                   |
| > means that the dike, berm, or   |                                   |
| > retaining wall must be capable  |                                   |
| > of containing oil and           |                                   |
| > sufficiently impervious to      |                                   |
| > prevent discharges from the     |                                   |
| > containment system until it is  |                                   |
| > cleaned up. The same holds true |                                   |
| > for container floors or         |                                   |
| > bottoms; they must be able to   |                                   |
| > contain oil to prevent a        |                                   |
| > discharge as described in       |                                   |
| > §112.1(b). However, "effective  |                                   |
| > containment" does not mean that |                                   |
| > liners are required for         |                                   |
| > secondary containment areas.    |                                   |
| > Liners are an option for        |                                   |
| > meeting the secondary           |                                   |
| > containment requirements, but   |                                   |
| > are not required by the rule.   |                                   |
| >                                 |                                   |
| > An owner or operator of a       |                                   |
| > facility subject to this part   |                                   |
| > must prepare a Plan in          |                                   |
| > accordance with good            |                                   |
| > engineering practice. A         |                                   |
| > complete description of how     |                                   |
| > secondary containment is        |                                   |
| > designed, implemented, and      |                                   |
| > maintained to meet the standard |                                   |
| > of sufficiently impervious is   |                                   |
| > necessary. In order to document |                                   |
| > that secondary containment is   |                                   |
| > sufficiently impervious and     |                                   |
| > sufficiently strong to contain  |                                   |
| > oil until it is cleaned up, the |                                   |
| > Plan must describe how the      |                                   |
| > secondary containment is        |                                   |
| > designed to meet that standard. |                                   |
| > A written description of the    |                                   |
| > sufficiently impervious         |                                   |
| > standard is not only necessary  |                                   |
| > for design and implementation,  |                                   |
| > but will aid owners or          |                                   |
| > operators of facilities in      |                                   |
| > determining which practices     |                                   |
| > will be necessary to maintain   |                                   |
| > the standard of sufficiently    |                                   |
| > impervious. Control and/or      |                                   |
| > removal of vegetation may be    |                                   |
| > necessary to maintain the       |                                   |
| > impervious integrity of the     |                                   |
| > secondary containment. Repairs  |                                   |
| > of excavations or other         |                                   |
| > penetrations through secondary  |                                   |
| > containment will need to be     |                                   |
| > conducted in accordance with    |                                   |
| > good engineering practices in   |                                   |
| > order to maintain the standard  |                                   |
| > of sufficiently impervious. The |                                   |
| > owner or operator should        |                                   |
| > monitor such imperviousness for |                                   |
| > effectiveness, in order to be   |                                   |
| > sure that the method chosen     |                                   |
| > remains impervious to contain   |                                   |
| > oil.                            |                                   |
|                                   |                                   |
| 23. [Sufficient                   |                                   |
|     freeboard]{.underline}: See   |                                   |
|     §112.8(c)(2) for a discussion |                                   |
|     of this topic.                |                                   |
|                                   |                                   |
| 24. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with secondary containment    |                                   |
|     include: (1) NFPA 30; (2)     |                                   |
|     BOCA, National Fire           |                                   |
|     Prevention Code; and, (3) API |                                   |
|     Standard 2610, "Design,       |                                   |
|     Construction, Operation,      |                                   |
|     Maintenance, and Inspection   |                                   |
|     of Terminal and Tank          |                                   |
|     Facilities."                  |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.7 General requirements    | Sec.112.7 General requirements    |
| for Spill Prevention, Control,    | for Spill Prevention, Control,    |
| and Countermeasure Plans.         | and Countermeasure Plans.         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(d\) *If you determine* that the | \(d\) When it is determined that  |
| installation of *any* of *the*    | the installation of structures or |
| structures or *pieces of*         | equipment listed in Sec. 112.7(c) |
| equipment listed in *paragraphs   | to prevent discharged oil from    |
| (c) and (h)(1) of this section,   | reaching the navigable waters is  |
| and §§112.8(c)(2), 112.8(c)(11),  | not practicable from any onshore  |
| 112.9(c)(2), 112.10(c),           | or offshore facility, the owner   |
| 112.12(c)(2), 112.12(c)(11),      | or operator should clearly        |
| 112.13(c)(2), and 112.14(c) to    | demonstrate such impracticability |
| prevent a discharge as described  | and provide the following:        |
| in §112.1(b) from any onshore or  |                                   |
| offshore facility is not          | \(1\) A strong oil spill          |
| practicable, you must clearly     | contingency plan following the    |
| explain in your Plan why such     | provision of 40 CFR part 109.     |
| measures are not practicable;*    |                                   |
| **for bulk storage containers,    | \(2\) A written commitment of     |
| conduct both periodic integrity   | manpower, equipment and materials |
| testing of the containers and     | required to expeditiously control |
| periodic integrity and leak       | and remove any harmful quantity   |
| testing of the valves and         | of oil discharged.                |
| piping***; and, unless you have   |                                   |
| submitted a response plan under   | . . . . . . . . . . . . .         |
| §112.20, provide in your Plan the |                                   |
| following:*                       |                                   |
|                                   |                                   |
| \(1\) An oil spill contingency    |                                   |
| plan following the provisions of  |                                   |
| *part 109 of this chapter*.       |                                   |
|                                   |                                   |
| \(2\) A written commitment of     |                                   |
| manpower, equipment, and          |                                   |
| materials required to             |                                   |
| expeditiously control and remove  |                                   |
| any quantity of oil discharged    |                                   |
| *that may be harmful*.            |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 25. [Background]{.underline}: The |                                   |
|     revised rule adds             |                                   |
|     requirements for periodic     |                                   |
|     integrity testing of          |                                   |
|     containers, and periodic      |                                   |
|     integrity and leak testing of |                                   |
|     valves and piping. We clarify |                                   |
|     that if an owner or operator  |                                   |
|     has submitted a facility      |                                   |
|     response plan under §112.20   |                                   |
|     for a facility, he need not   |                                   |
|     provide for that facility     |                                   |
|     either a contingency plan     |                                   |
|     following the provisions of   |                                   |
|     part 109 or a written         |                                   |
|     commitment of manpower,       |                                   |
|     equipment, and materials      |                                   |
|     required to expeditiously     |                                   |
|     control and remove any        |                                   |
|     quantity of oil discharged    |                                   |
|     that may be harmful.          |                                   |
|                                   |                                   |
| 26. [Planning                     |                                   |
|     requirements]{.underline}:    |                                   |
|     Under the old rule,           |                                   |
|     contingency planning was      |                                   |
|     necessary whenever an owner   |                                   |
|     or operator determines that a |                                   |
|     secondary containment system  |                                   |
|     for any part of the facility  |                                   |
|     that might be the cause of a  |                                   |
|     discharge as described in     |                                   |
|     §112.1(b) is not practicable. |                                   |
|     This requirement applied      |                                   |
|     whether the facility is       |                                   |
|     manned or unmanned, urban or  |                                   |
|     rural, and for large and      |                                   |
|     small facilities. The revised |                                   |
|     rule exempts from the         |                                   |
|     contingency planning          |                                   |
|     requirement any facility that |                                   |
|     has submitted a response plan |                                   |
|     under §112.20, because such a |                                   |
|     response plan is more         |                                   |
|     comprehensive than a          |                                   |
|     contingency plan following    |                                   |
|     part 109.                     |                                   |
|                                   |                                   |
| > We believe that it may be       |                                   |
| > appropriate for an owner or     |                                   |
| > operator to consider costs or   |                                   |
| > economic impacts in determining |                                   |
| > whether he can meet a specific  |                                   |
| > requirement that falls within   |                                   |
| > the general deviation provision |                                   |
| > of §112.7(a)(2). We believe so  |                                   |
| > because under this section, the |                                   |
| > owner or operator will still    |                                   |
| > have to utilize good            |                                   |
| > engineering practices and come  |                                   |
| > up with an alternative that     |                                   |
| > provides "equivalent            |                                   |
| > environmental protection."      |                                   |
| > However, we believe that the    |                                   |
| > secondary containment           |                                   |
| > requirement in §112.7(d) is an  |                                   |
| > important component in          |                                   |
| > preventing discharges as        |                                   |
| > described in §112.1(b) and is   |                                   |
| > environmentally preferable to a |                                   |
| > contingency plan prepared under |                                   |
| > 40 CFR part 109. Thus, we do    |                                   |
| > not believe it is appropriate   |                                   |
| > to allow an owner or operator   |                                   |
| > to consider costs or economic   |                                   |
| > impacts in any determination as |                                   |
| > to whether he can satisfy the   |                                   |
| > secondary containment           |                                   |
| > requirement. Instead, the owner |                                   |
| > or operator may only provide a  |                                   |
| > contingency Plan in his SPCC    |                                   |
| > Plan and otherwise comply with  |                                   |
| > §112.7(d). Therefore, the       |                                   |
| > purpose of a determination of   |                                   |
| > impracticability is to examine  |                                   |
| > whether space or other          |                                   |
| > geographic limitations of the   |                                   |
| > facility would accommodate      |                                   |
| > secondary containment; or, if   |                                   |
| > local zoning ordinances or fire |                                   |
| > prevention standards or safety  |                                   |
| > considerations would not allow  |                                   |
| > secondary containment; or, if   |                                   |
| > installing secondary            |                                   |
| > containment would defeat the    |                                   |
| > overall goal of the regulation  |                                   |
| > to prevent discharges as        |                                   |
| > described in §112.1(b).         |                                   |
| >                                 |                                   |
| > In following the provisions of  |                                   |
| > part 109, an owner or operator  |                                   |
| > must address the oil removal    |                                   |
| > contingency planning criteria   |                                   |
| > listed in 40 CFR 109.5 and      |                                   |
| > ensure that all response        |                                   |
| > actions are coordinated with    |                                   |
| > governmental oil spill response |                                   |
| > organizations. The absence of   |                                   |
| > secondary containment will      |                                   |
| > place extreme importance on the |                                   |
| > early detection of an oil       |                                   |
| > discharge and rapid response by |                                   |
| > the facility to prevent that    |                                   |
| > discharge. Part 109 was         |                                   |
| > originally promulgated to       |                                   |
| > assist State and local          |                                   |
| > government oil spill response   |                                   |
| > agencies to prepare oil removal |                                   |
| > contingency plans in the inland |                                   |
| > response zone, where EPA        |                                   |
| > provides the On-Scene           |                                   |
| > Coordinator. The basic criteria |                                   |
| > for contingency planning listed |                                   |
| > in §109.5 apply to any SPCC     |                                   |
| > regulated facility that has     |                                   |
| > adequately justified the        |                                   |
| > impracticability of installing  |                                   |
| > secondary containment,          |                                   |
| > irrespective of whether it is a |                                   |
| > government agency or the        |                                   |
| > facility is located in the      |                                   |
| > coastal (U.S. Coast Guard) or   |                                   |
| > inland (EPA) response zone.     |                                   |
| > Because the contingency plan    |                                   |
| > involves good engineering       |                                   |
| > practice and is technically a   |                                   |
| > material part of the Plan, PE   |                                   |
| > certification is required.      |                                   |
| >                                 |                                   |
| > A contingency plan prepared     |                                   |
| > under RCRA rules might suffice  |                                   |
| > for purposes of the rule if the |                                   |
| > plan fulfills the requirements  |                                   |
| > of part 109, and the PE         |                                   |
| > certifies that such plan is     |                                   |
| > adequate for the facility. If   |                                   |
| > the RCRA contingency plan       |                                   |
| > satisfies some but not all SPCC |                                   |
| > requirements, an owner or       |                                   |
| > operator must supplement it so  |                                   |
| > that it does.                   |                                   |
| >                                 |                                   |
| > The contingency plan (or any    |                                   |
| > other deviation) does not have  |                                   |
| > to be submitted to the Regional |                                   |
| > Administrator for his review    |                                   |
| > and approval because we believe |                                   |
| > that it is sufficient that the  |                                   |
| > contingency plan (or other      |                                   |
| > deviation) be available for     |                                   |
| > on-site inspection.             |                                   |
|                                   |                                   |
| 27. [Integrity and leak           |                                   |
|     testing]{.underline}:         |                                   |
|     "Integrity testing" is any    |                                   |
|     means to measure the strength |                                   |
|     (structural soundness) of the |                                   |
|     container shell, bottom,      |                                   |
|     and/or floor to contain oil   |                                   |
|     and may include leak testing  |                                   |
|     to determine whether the      |                                   |
|     container will discharge oil. |                                   |
|     Facility components that      |                                   |
|     might cause a discharge as    |                                   |
|     described in §112.1(b)        |                                   |
|     include containers, piping,   |                                   |
|     valves, or other equipment or |                                   |
|     devices. Integrity testing    |                                   |
|     includes, but is not limited  |                                   |
|     to, testing foundations and   |                                   |
|     supports of containers. Its   |                                   |
|     scope includes both the       |                                   |
|     inside and outside of the     |                                   |
|     container. It also includes   |                                   |
|     frequent observation of the   |                                   |
|     outside of the container for  |                                   |
|     signs of deterioration,       |                                   |
|     leaks, or accumulation of oil |                                   |
|     inside diked areas. Such      |                                   |
|     testing is also applicable to |                                   |
|     valves and piping. See API    |                                   |
|     Standard 653 for further      |                                   |
|     information on this term.     |                                   |
|                                   |                                   |
| > "Leak testing" is testing to    |                                   |
| > determine the liquid tightness  |                                   |
| > of valves and piping and        |                                   |
| > whether they may discharge oil. |                                   |
| > Facilities that store oil,      |                                   |
| > whether they are mines or other |                                   |
| > businesses, are required to     |                                   |
| > employ integrity testing for    |                                   |
| > their bulk storage containers,  |                                   |
| > and integrity and leak testing  |                                   |
| > for their valves and piping, to |                                   |
| > help prevent discharges.        |                                   |
| > Containers that do not store    |                                   |
| > oil, but merely use oil, are    |                                   |
| > not subject to the requirement. |                                   |
| >                                 |                                   |
| > We reaffirm the applicability   |                                   |
| > of integrity and leak testing   |                                   |
| > to both large and small         |                                   |
| > facilities, because we believe  |                                   |
| > such testing requirements help  |                                   |
| > prevent discharges as described |                                   |
| > in §112.1(b) at those           |                                   |
| > facilities. Integrity and leak  |                                   |
| > testing requirements are also   |                                   |
| > applicable for containers and   |                                   |
| > valves and piping that are      |                                   |
| > entirely within buildings, or   |                                   |
| > within mines, because in either |                                   |
| > case, such containers, or       |                                   |
| > valves and piping may become    |                                   |
| > the source of a discharge as    |                                   |
| > described in §112.1(b). We have |                                   |
| > revised the rule to reflect     |                                   |
| > that the requirement applies    |                                   |
| > only to onshore and offshore    |                                   |
| > bulk storage facilities.        |                                   |
| > Therefore, a facility with only |                                   |
| > oil-filled electrical,          |                                   |
| > operating, or manufacturing     |                                   |
| > equipment need not conduct such |                                   |
| > testing nor incur any costs for |                                   |
| > such testing. We assume that    |                                   |
| > this provision represents a     |                                   |
| > negligible additional burden    |                                   |
| > because most facilities are     |                                   |
| > already testing such valves and |                                   |
| > gathering lines according to    |                                   |
| > industry standards as a matter  |                                   |
| > of good engineering practice.   |                                   |
| >                                 |                                   |
| > Rather than proscribe a testing |                                   |
| > frequency, we require           |                                   |
| > "periodic" integrity testing of |                                   |
| > containers, and "periodic"      |                                   |
| > integrity and leak testing of   |                                   |
| > valves and piping. "Periodic"   |                                   |
| > testing means testing according |                                   |
| > to a regular schedule           |                                   |
| > consistent with accepted        |                                   |
| > industry standards. We believe  |                                   |
| > that use of industry standards, |                                   |
| > which change over time, will    |                                   |
| > prove more feasible than        |                                   |
| > providing a specific and        |                                   |
| > unchanging regulatory           |                                   |
| > requirement. As required by     |                                   |
| > §112.8(c)(6), integrity testing |                                   |
| > of containers must be           |                                   |
| > accomplished by a combination   |                                   |
| > of visual testing and some      |                                   |
| > other technique.                |                                   |
|                                   |                                   |
| 28. [Written                      |                                   |
|     commitment]{.underline}: A    |                                   |
|     "written commitment" of       |                                   |
|     manpower, equipment, and      |                                   |
|     materials means either a      |                                   |
|     written contract or other     |                                   |
|     written documentation showing |                                   |
|     that an owner or operator has |                                   |
|     made provision for those      |                                   |
|     items for response purposes.  |                                   |
|     Such commitment must be shown |                                   |
|     by: the identification and    |                                   |
|     inventory of applicable       |                                   |
|     equipment, materials, and     |                                   |
|     supplies which are available  |                                   |
|     locally and regionally; an    |                                   |
|     estimate of the equipment,    |                                   |
|     materials, and supplies which |                                   |
|     would be required to remove   |                                   |
|     the maximum oil discharge to  |                                   |
|     be anticipated; and,          |                                   |
|     development of agreements and |                                   |
|     arrangements in advance of an |                                   |
|     oil discharge for the         |                                   |
|     acquisition of equipment,     |                                   |
|     materials, and supplies to be |                                   |
|     used in responding to such a  |                                   |
|     discharge (40 CFR 109.5(c)).  |                                   |
|                                   |                                   |
| > The commitment also involves    |                                   |
| > making provisions for           |                                   |
| > well-defined and specific       |                                   |
| > actions to be taken after       |                                   |
| > discovery and notification of   |                                   |
| > an oil discharge including:     |                                   |
| > specification of an oil         |                                   |
| > discharge response operating    |                                   |
| > team consisting of trained,     |                                   |
| > prepared, and available         |                                   |
| > operating personnel;            |                                   |
| > predesignation of a properly    |                                   |
| > qualified oil discharge         |                                   |
| > response coordinator who is     |                                   |
| > charged with the responsibility |                                   |
| > and delegated commensurate      |                                   |
| > authority for directing and     |                                   |
| > coordinating response           |                                   |
| > operations and who knows how to |                                   |
| > request assistance from Federal |                                   |
| > authorities operating under     |                                   |
| > current national and regional   |                                   |
| > contingency plans; a preplanned |                                   |
| > location for an oil discharge   |                                   |
| > response operations center and  |                                   |
| > a reliable communications       |                                   |
| > system for directing the        |                                   |
| > coordinated overall response    |                                   |
| > actions; provisions for varying |                                   |
| > degrees of response effort      |                                   |
| > depending on the severity of    |                                   |
| > the oil discharge; and,         |                                   |
| > specification of the order of   |                                   |
| > priority in which the various   |                                   |
| > water uses are to be protected  |                                   |
| > where more than one water use   |                                   |
| > may be adversely affected as a  |                                   |
| > result of an oil discharge and  |                                   |
| > where response operations may   |                                   |
| > not be adequate to protect all  |                                   |
| > uses (40 CFR 109.5(d)).         |                                   |
|                                   |                                   |
| 29. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with the integrity testing of |                                   |
|     containers, and the integrity |                                   |
|     and leak testing of piping    |                                   |
|     and valves include: (1) API   |                                   |
|     Standard 653, "Tank           |                                   |
|     Inspection, Repair,           |                                   |
|     Alteration, and               |                                   |
|     Reconstruction"; (2) API      |                                   |
|     Recommended Practice 575,     |                                   |
|     "Inspection of Atmospheric    |                                   |
|     and Low-Pressure Tanks"; (3)  |                                   |
|     API Standard 570, "Piping     |                                   |
|     Inspection Code (Inspection,  |                                   |
|     Repair, Alteration, and       |                                   |
|     Rerating of In-Service Piping |                                   |
|     Systems)"; (4) American       |                                   |
|     Society of Mechanical         |                                   |
|     Engineers (ASME) B31.3,       |                                   |
|     "Process Piping"; (5) ASME    |                                   |
|     31.4, "Liquid Transportation  |                                   |
|     Systems for Hydrocarbons,     |                                   |
|     Liquid Petroleum Gas,         |                                   |
|     Anhydrous Ammonia, and        |                                   |
|     Alcohols"; (6) Steel Tank     |                                   |
|     Institute Standard SP001-00,  |                                   |
|     "Standard for Inspection of   |                                   |
|     In-Service Shop Fabricated    |                                   |
|     Aboveground Tanks for Storage |                                   |
|     of Combustible and Flammable  |                                   |
|     Liquids"; and, (7)            |                                   |
|     Underwriters Laboratory (UL)  |                                   |
|     Standard 142, "Steel          |                                   |
|     Aboveground Tanks for         |                                   |
|     Flammable and Combustible     |                                   |
|     Liquids."                     |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.7 General requirements    | Sec.112.7 General requirements    |
| for Spill Prevention, Control,    | for Spill Prevention, Control,    |
| and Countermeasure Plans.         | and Countermeasure Plans.         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(e\) [Inspections*, tests,* and  | \(e\) . . .                       |
| records.]{.underline} *Conduct*   |                                   |
| inspections *and tests* required  | \(8\) *[Inspections and           |
| by this *part in accordance* with | records]{.underline}*.            |
| written procedures *that you or   | Inspections required by this part |
| the certifying engineer develop   | should be in accordance with      |
| for the facility.* *You must      | written procedures developed for  |
| keep* these written procedures    | the facility by the owner or      |
| and a record of the inspections   | operator. These written           |
| and tests, signed by the          | procedures and a record of the    |
| appropriate supervisor or         | inspections, signed by the        |
| inspector, with the SPCC Plan for | appropriate supervisor or         |
| a period of three years.          | inspector, should be made part of |
| **Records of inspections and      | the SPCC Plan and maintained for  |
| tests kept under usual and        | a period of three years.          |
| customary business practices will |                                   |
| suffice for purposes of this      | . . . . . . . . . . . . .         |
| paragraph.**                      |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 30. [Background]{.underline}: The |                                   |
|     revised rule allows use of    |                                   |
|     usual and customary business  |                                   |
|     records to serve as a record  |                                   |
|     of tests or inspections,      |                                   |
|     instead of keeping duplicate  |                                   |
|     records. It also allows the   |                                   |
|     owner or operator to keep     |                                   |
|     those records as an appendix  |                                   |
|     to the Plan, or in a separate |                                   |
|     log, etc., with the Plan,     |                                   |
|     rather than requiring that    |                                   |
|     those records be a part of    |                                   |
|     the Plan. The rule also       |                                   |
|     acknowledges that the         |                                   |
|     certifying engineer, as well  |                                   |
|     as the owner or operator, has |                                   |
|     a role in the development of  |                                   |
|     inspection procedures.        |                                   |
|                                   |                                   |
| 31. [Maintenance with             |                                   |
|     Plan]{.underline}: It is not  |                                   |
|     necessary to maintain records |                                   |
|     as part of the Plan.          |                                   |
|     Therefore, the rule allows    |                                   |
|     "keeping" of the records      |                                   |
|     "with" the Plan, but not as   |                                   |
|     part of it. Under the old     |                                   |
|     rule, such records "should be |                                   |
|     made part of the SPCC         |                                   |
|     Plan\...." Because an owner   |                                   |
|     or operator continually       |                                   |
|     updates these records, this   |                                   |
|     change will eliminate the     |                                   |
|     need to amend the Plan each   |                                   |
|     time old records are removed  |                                   |
|     and new ones are added. If    |                                   |
|     desired, an owner or operator |                                   |
|     can still make these records  |                                   |
|     a part of the Plan.           |                                   |
|                                   |                                   |
| 32. [Records                      |                                   |
|     required]{.underline}: The    |                                   |
|     rule permits use of usual and |                                   |
|     customary business records,   |                                   |
|     and covers all of the         |                                   |
|     inspections and tests         |                                   |
|     required by this part as well |                                   |
|     as any ancillary records.     |                                   |
|     "Inspections and tests"       |                                   |
|     include not only inspections  |                                   |
|     and tests, but schedules,     |                                   |
|     evaluations, examinations,    |                                   |
|     descriptions, and similar     |                                   |
|     activities required by this   |                                   |
|     part. We will list all of the |                                   |
|     inspections and tests         |                                   |
|     required by part 112 on our   |                                   |
|     website                       |                                   |
|     (www.epa.gov/oilspill). The   |                                   |
|     applicability of each         |                                   |
|     inspection and test will      |                                   |
|     depend on the exercise of     |                                   |
|     good engineering practice,    |                                   |
|     because not every one will be |                                   |
|     applicable to every facility. |                                   |
|                                   |                                   |
| 33. [Form of                      |                                   |
|     records]{.underline}: Records |                                   |
|     of inspections and tests      |                                   |
|     required by this rule may be  |                                   |
|     maintained in electronic or   |                                   |
|     any other format which is     |                                   |
|     readily accessible to the     |                                   |
|     facility and to EPA           |                                   |
|     personnel. Usual and          |                                   |
|     customary business records    |                                   |
|     may be those ordinarily used  |                                   |
|     in the industry, including    |                                   |
|     those made under API          |                                   |
|     standards, Underwriters'      |                                   |
|     Laboratories standards, NPDES |                                   |
|     permits, a facility's QS-9000 |                                   |
|     or ISO-14000 system, or any   |                                   |
|     other format acceptable to    |                                   |
|     the Regional Administrator.   |                                   |
|     If an owner or operator       |                                   |
|     chooses to use records        |                                   |
|     associated with compliance    |                                   |
|     with industry standards, such |                                   |
|     as Underwriters' Laboratories |                                   |
|     standards, he must closely    |                                   |
|     review the inspection,        |                                   |
|     testing, and recordkeeping    |                                   |
|     requirements of this rule to  |                                   |
|     ensure that any records kept  |                                   |
|     in accordance with industry   |                                   |
|     standards meets the intent of |                                   |
|     the rule. Some standards have |                                   |
|     limited recordkeeping         |                                   |
|     requirements and may only     |                                   |
|     address a particular aspect   |                                   |
|     of container fabrication,     |                                   |
|     installation, inspection, and |                                   |
|     operation and maintenance. An |                                   |
|     owner or operator will not    |                                   |
|     have to maintain duplicate    |                                   |
|     sets of records when one set  |                                   |
|     has already been prepared     |                                   |
|     under industry or regulatory  |                                   |
|     purposes that also fully      |                                   |
|     suffices for SPCC purposes.   |                                   |
|     The use of these alternative  |                                   |
|     record formats is optional.   |                                   |
|                                   |                                   |
| 34. [Time period]{.underline}:    |                                   |
|     Maintenance of records for    |                                   |
|     three years is sufficient for |                                   |
|     SPCC purposes, since that     |                                   |
|     period will allow for         |                                   |
|     meaningful comparisons of     |                                   |
|     inspections and tests taken.  |                                   |
|     Therefore, there will be no   |                                   |
|     new costs. Certain industry   |                                   |
|     standards, for example API    |                                   |
|     Standards 570 and 653, may    |                                   |
|     specify record maintenance    |                                   |
|     for more than three years.    |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.7 General requirements    | Sec.112.7 General requirements    |
| for Spill Prevention, Control,    | for Spill Prevention, Control,    |
| and Countermeasure Plans.         | and Countermeasure Plans.         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(f\) [Personnel, training, and   | \(e\) . . .                       |
| discharge prevention              |                                   |
| procedures.]{.underline}          | \(10\) [Personnel, training and   |
|                                   | spill prevention                  |
| \(1\) *At a minimum, train your*  | procedures]{.underline}.          |
| **oil-handling** personnel in the |                                   |
| operation and maintenance of      | \(i\) Owners or operators are     |
| equipment to *prevent discharges; | responsible for properly          |
| discharge procedure protocols;*   | instructing their personnel in    |
| applicable pollution control      | the operation and maintenance of  |
| laws, rules, and regulations*;    | equipment to prevent the          |
| general facility operations;      | discharges of oil and applicable  |
| and,* **the contents of the       | pollution control laws, rules and |
| facility SPCC Plan**.             | regulations.                      |
|                                   |                                   |
| \(2\) *Designate a person at each | \(ii\) Each applicable facility   |
| applicable facility who is        | should have a designated person   |
| accountable for discharge         | who is accountable for oil spill  |
| prevention and who reports to     | prevention and who reports to     |
| facility management.*             | line management.                  |
|                                   |                                   |
| \(3\) Schedule and conduct        | \(iii\) Owners or operators       |
| *discharge prevention* briefings  | should schedule and conduct spill |
| for *your* **oil-handling**       | prevention briefings for their    |
| personnel **at least once a       | operating personnel at intervals  |
| year** to assure adequate         | frequent enough to assure         |
| understanding of the SPCC Plan    | adequate understanding of the     |
| for that facility. Such briefings | SPCC Plan for that facility. Such |
| *must* highlight and describe     | briefings should highlight and    |
| known *discharges as described in | describe known spill events or    |
| §112.1(b)* or failures,           | failures, malfunctioning          |
| malfunctioning components, and    | components, and recently          |
| any recently developed            | developed precautionary measures. |
| precautionary measures.           |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 35. [Background]{.underline}: The |                                   |
|     revised rule mandates         |                                   |
|     training only for             |                                   |
|     oil-handling employees,       |                                   |
|     instead of all employees. It  |                                   |
|     specifies additional topics   |                                   |
|     for the training of these     |                                   |
|     employees. It also specifies  |                                   |
|     that discharge prevention     |                                   |
|     briefings must be conducted   |                                   |
|     at least once a year, instead |                                   |
|     of at "intervals frequent     |                                   |
|     enough to assure adequate     |                                   |
|     understanding of the SPCC     |                                   |
|     Plan for that facility."      |                                   |
|                                   |                                   |
| 36. [Applicability of training    |                                   |
|     requirements]{.underline}: We |                                   |
|     believe that training         |                                   |
|     requirements should apply to  |                                   |
|     all facilities, large or      |                                   |
|     small, including all those    |                                   |
|     that store or use oil,        |                                   |
|     regardless of the amount of   |                                   |
|     oil transferred in any        |                                   |
|     particular time. Training may |                                   |
|     help avert human error, which |                                   |
|     is a principal cause of oil   |                                   |
|     discharges. "Spills from ASTs |                                   |
|     may occur as a result of      |                                   |
|     operator error, for example,  |                                   |
|     during loading operations     |                                   |
|     (e.g., vessel or tank truck,  |                                   |
|     AST transfer operation), or   |                                   |
|     as a result of structural     |                                   |
|     failure (e.g., brittle        |                                   |
|     fracture) because of          |                                   |
|     inadequate maintenance of the |                                   |
|     AST" (EPA Liner Study, at     |                                   |
|     14). The 1995 SPCC Survey     |                                   |
|     found that operator error was |                                   |
|     the most common spill cause   |                                   |
|     for facilities in 9 of the 19 |                                   |
|     industry categories that      |                                   |
|     reported having spills. Also, |                                   |
|     the August 1994 draft report  |                                   |
|     of the EPA Aboveground Oil    |                                   |
|     Storage Facilities Workgroup  |                                   |
|     called "Soil and Ground Water |                                   |
|     Contamination from            |                                   |
|     Aboveground Oil Storage       |                                   |
|     Facilities: A Strategic       |                                   |
|     Study" presented data on      |                                   |
|     causes of discharges from two |                                   |
|     studies. Both studies showed  |                                   |
|     that error during product     |                                   |
|     transfer activities is one of |                                   |
|     the biggest known causes of   |                                   |
|     discharges at AST facilities. |                                   |
|     Two other studies also        |                                   |
|     support our contention:       |                                   |
|     Carter, W.J., "How API Viewed |                                   |
|     the Needs for Aboveground     |                                   |
|     Storage Tanks," Tank Talk,    |                                   |
|     Vol. 7, July/August 1992,     |                                   |
|     p.2.; and U.S. EPA, "The      |                                   |
|     Technical Background Document |                                   |
|     to Support the Implementation |                                   |
|     of OPA Response Plan          |                                   |
|     Requirements," Emergency      |                                   |
|     Response Division, Office of  |                                   |
|     Solid Waste and Emergency     |                                   |
|     Response, February 1993,      |                                   |
|     p.4-19. We therefore retained |                                   |
|     the applicability of training |                                   |
|     to all facilities. The rule   |                                   |
|     requires that all facilities, |                                   |
|     whether bulk storage          |                                   |
|     facilities or facilities that |                                   |
|     merely use oil, train         |                                   |
|     oil-handling employees        |                                   |
|     because all facilities have   |                                   |
|     the potential for a discharge |                                   |
|     as described in §112.1(b),    |                                   |
|     and training is necessary to  |                                   |
|     avert such a discharge.       |                                   |
|                                   |                                   |
| > Training is only necessary for  |                                   |
| > personnel who will use it to    |                                   |
| > carry out the requirements of   |                                   |
| > this rule. "Oil-handling        |                                   |
| > personnel" will be interpreted  |                                   |
| > according to industry           |                                   |
| > standards, but includes         |                                   |
| > employees engaged in the        |                                   |
| > operation and maintenance of    |                                   |
| > oil storage containers or the   |                                   |
| > operation of equipment related  |                                   |
| > to storage containers and       |                                   |
| > emergency response personnel.   |                                   |
| > We do not interpret the term to |                                   |
| > include secretaries, clerks,    |                                   |
| > and other personnel who are     |                                   |
| > never involved in operation or  |                                   |
| > maintenance activities related  |                                   |
| > to oil storage or equipment,    |                                   |
| > oil transfer operations,        |                                   |
| > emergency response,             |                                   |
| > countermeasure functions, or    |                                   |
| > similar activities.             |                                   |
| >                                 |                                   |
| > An owner or operator may        |                                   |
| > incorporate SPCC training       |                                   |
| > requirements into already       |                                   |
| > existing training programs      |                                   |
| > required by other Federal or    |                                   |
| > State law or may conduct SPCC   |                                   |
| > training separately. The owner  |                                   |
| > or operator must document that  |                                   |
| > he has conducted required       |                                   |
| > training courses. Such          |                                   |
| > documentation must be           |                                   |
| > maintained with the Plan for    |                                   |
| > three years.                    |                                   |
|                                   |                                   |
| 37. [Timing of employee           |                                   |
|     training]{.underline}: The    |                                   |
|     revised rule leaves the       |                                   |
|     timing and number of hours of |                                   |
|     training of oil-handling      |                                   |
|     employees, including new      |                                   |
|     employees, to the employer's  |                                   |
|     discretion. "Proper           |                                   |
|     instruction" of oil-handling  |                                   |
|     employees, as required in the |                                   |
|     rule, means in accordance     |                                   |
|     with industry standards or at |                                   |
|     a frequency sufficient to     |                                   |
|     prevent a discharge as        |                                   |
|     described in §112.1(b). This  |                                   |
|     standard will allow           |                                   |
|     facilities more flexibility   |                                   |
|     to develop training programs  |                                   |
|     better suited to the          |                                   |
|     particular facility. While    |                                   |
|     the rule requires annual      |                                   |
|     discharge prevention          |                                   |
|     briefings, the annual         |                                   |
|     briefings required are not    |                                   |
|     drills. In any case, the SPCC |                                   |
|     rules do not require drills,  |                                   |
|     as explained below.           |                                   |
|                                   |                                   |
| 38. [Discharge prevention         |                                   |
|     briefings]{.underline}:       |                                   |
|     Annual discharge prevention   |                                   |
|     briefings are necessary, but  |                                   |
|     there should be more frequent |                                   |
|     briefings where appropriate.  |                                   |
|     Such briefings are necessary  |                                   |
|     to refresh employees'         |                                   |
|     memories on facility Plan     |                                   |
|     provisions and to update      |                                   |
|     employees on the latest       |                                   |
|     prevention and response       |                                   |
|     techniques. Training must     |                                   |
|     include the contents of the   |                                   |
|     facility Plan. Although it is |                                   |
|     desirable, we are not         |                                   |
|     requiring SPCC briefings to   |                                   |
|     include emergency response    |                                   |
|     training -- such training is  |                                   |
|     already required for          |                                   |
|     facilities that must prepare  |                                   |
|     response plans.               |                                   |
|                                   |                                   |
| 39. [Content of                   |                                   |
|     training]{.underline}:        |                                   |
|     Specifying a minimum list of  |                                   |
|     training subjects is          |                                   |
|     necessary to ensure that      |                                   |
|     facility employees are aware  |                                   |
|     of discharge prevention       |                                   |
|     procedures and regulations.   |                                   |
|     We added knowledge of         |                                   |
|     discharge procedure protocols |                                   |
|     to the list of training       |                                   |
|     subjects because such         |                                   |
|     training will help avert      |                                   |
|     discharges. Training must     |                                   |
|     include, at a minimum: the    |                                   |
|     operation and maintenance of  |                                   |
|     equipment to prevent the      |                                   |
|     discharge of oil; discharge   |                                   |
|     procedure protocols;          |                                   |
|     applicable pollution control  |                                   |
|     laws, rules, and regulations; |                                   |
|     general facility operations;  |                                   |
|     and, the contents of the      |                                   |
|     facility Plan. The training   |                                   |
|     must address relevant         |                                   |
|     maintenance activities at the |                                   |
|     facility. For example, if     |                                   |
|     there is no transfer and      |                                   |
|     handling of oil, such topic   |                                   |
|     need not be covered in        |                                   |
|     training.                     |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.7 General requirements    | Sec.112.7 General requirements    |
| for Spill Prevention, Control,    | for Spill Prevention, Control,    |
| and Countermeasure Plans.         | and Countermeasure Plans.         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(g\) [Security (excluding oil    | \(e\) . . .                       |
| production                        |                                   |
| facilities)]{.underline}.         | \(9\) [Security (excluding oil    |
|                                   | production                        |
| \(1\) *Fully fence each facility* | facilities)]{.underline}.         |
| handling, processing, or storing  |                                   |
| oil, *and lock and/or guard       | \(i\) All plants handling,        |
| entrance gates when the facility* | processing, and storing oil       |
| is not in production or is        | should be fully fenced, and       |
| unattended.                       | entrance gates should be locked   |
|                                   | and/or guarded when the plant is  |
| \(2\) *Ensure that the* master    | not in production or is           |
| flow and drain valves and any     | unattended.                       |
| other valves *permitting* direct  |                                   |
| outward flow of the *container's* | \(ii\) The master flow and drain  |
| contents to the surface *have     | valves and any other valves that  |
| adequate security measures so     | will permit direct outward flow   |
| that they remain* in the closed   | of the tank's content to the      |
| position when in non-operating or | surface should be securely locked |
| non-standby status.               | in the closed position when in    |
|                                   | non-operating or non-standby      |
| \(3\) *Lock the starter control   | status.                           |
| on each oil pump in the "off"     |                                   |
| position and locate it at* a site | \(iii\) The starter control on    |
| accessible only to authorized     | all oil pumps should be locked in |
| personnel when the *pump is* in a | the "off" position or located at  |
| non-operating or non-standby      | a site accessible only to         |
| status.                           | authorized personnel when the     |
|                                   | pumps are in a non-operating or   |
| \(4\) *Securely cap or            | non-standby status.               |
| blank-flange the                  |                                   |
| loading/unloading connections of  | \(iv\) The loading/unloading      |
| oil pipelines or facility piping* | connections of oil pipelines      |
| when not in service or *when in*  | should be securely capped or      |
| standby service for an extended   | blank-flanged when not in service |
| time. This security practice also | or standby service for an         |
| applies to *piping* that *is*     | extended time. This security      |
| emptied of liquid content either  | practice should also apply to     |
| by draining or by inert gas       | pipelines that are emptied of     |
| pressure.                         | liquid content either by draining |
|                                   | or by inert gas pressure.         |
| \(5\) *Provide facility lighting* |                                   |
| commensurate with the type and    | \(v\) Facility lighting should be |
| location of the facility *that    | commensurate with the type and    |
| will assist in the*:              | location of the facility.         |
|                                   | Consideration should be given to: |
| \(i\) Discovery of *discharges*   |                                   |
| occurring during hours of         | \(A\) Discovery of spills         |
| darkness, both by operating       | occurring during hours of         |
| personnel, if present, and by     | darkness, both by operating       |
| non-operating personnel (the      | personnel, if present, and by     |
| general public, local police,     | non-operating personnel (the      |
| etc.); and                        | general public, local police,     |
|                                   | etc.) and                         |
| \(ii\) Prevention of discharges   |                                   |
| occurring through acts of         | \(B\) prevention of spills        |
| vandalism.                        | occurring through acts of         |
|                                   | vandalism.                        |
| . . . . . . . . . . . . .         |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 40. [Applicability of             |                                   |
|     requirements]{.underline}:    |                                   |
|     The revised rule clarifies    |                                   |
|     that security measures are    |                                   |
|     requirements (i.e., not       |                                   |
|     discretionary provisions)     |                                   |
|     under the regulation. We      |                                   |
|     believe that fencing,         |                                   |
|     facility lighting, and the    |                                   |
|     other measures prescribed in  |                                   |
|     the rule to prevent vandalism |                                   |
|     are elements of good          |                                   |
|     engineering practice in most  |                                   |
|     facilities, including mobile  |                                   |
|     facilities. Where they are    |                                   |
|     not a part of good            |                                   |
|     engineering practice, we      |                                   |
|     allow deviations (see         |                                   |
|     §112.7(a)(2)).                |                                   |
|                                   |                                   |
| 41. [Fences]{.underline}: Fencing |                                   |
|     helps to deter vandals and    |                                   |
|     thus prevent the discharges   |                                   |
|     that they might cause. When a |                                   |
|     fence is used to protect a    |                                   |
|     facility, the design of the   |                                   |
|     fence should deter vandalism. |                                   |
|     Methods of deterring vandals  |                                   |
|     might include barbed wire or  |                                   |
|     other devices. If any type of |                                   |
|     fence is impractical, an      |                                   |
|     owner or operator may, under  |                                   |
|     §112.7(a)(2), explain the     |                                   |
|     reasons for nonconformance    |                                   |
|     and provide equivalent        |                                   |
|     environmental protection by   |                                   |
|     some other means.             |                                   |
|                                   |                                   |
| 42. [Valves]{.underline}: Owners  |                                   |
|     and operators must ensure     |                                   |
|     that the master flow and      |                                   |
|     drain valves and other valves |                                   |
|     permitting outward flow of    |                                   |
|     the container's contents have |                                   |
|     adequate security measures.   |                                   |
|     The old rule required that    |                                   |
|     such valves be securely       |                                   |
|     locked in the closed position |                                   |
|     when in non-operating or      |                                   |
|     non-standby status. The       |                                   |
|     revised rule allows security  |                                   |
|     measures other than locking   |                                   |
|     drain valves or other valves  |                                   |
|     permitting outflow to the     |                                   |
|     surface. Manual locks may be  |                                   |
|     preferable for valves that    |                                   |
|     are not electronically or     |                                   |
|     automatically controlled.     |                                   |
|     Such locks may be the only    |                                   |
|     practical way to ensure that  |                                   |
|     valves stay in the closed     |                                   |
|     position. For electronically  |                                   |
|     controlled or automated       |                                   |
|     systems, no manual lock may   |                                   |
|     be necessary. The rule gives  |                                   |
|     an owner or operator          |                                   |
|     discretion in the method of   |                                   |
|     securing valves. Such         |                                   |
|     flexibility allows for        |                                   |
|     changes in technology and in  |                                   |
|     the use of manual and         |                                   |
|     electronic valving.           |                                   |
|                                   |                                   |
| 43. [Starter controls on          |                                   |
|     pumps]{.underline}: In        |                                   |
|     addition to requiring starter |                                   |
|     controls to be locked in the  |                                   |
|     off position, the rule        |                                   |
|     requires that the pumps be    |                                   |
|     accessible only to authorized |                                   |
|     personnel. Restricting access |                                   |
|     prevents unauthorized         |                                   |
|     personnel from accidentally   |                                   |
|     opening the starter control.  |                                   |
|     These measures are necessary  |                                   |
|     to prevent discharges at      |                                   |
|     small as well as large        |                                   |
|     facilities -- the threat of   |                                   |
|     discharge is the same         |                                   |
|     regardless of the size of the |                                   |
|     container, and a small        |                                   |
|     discharge may be harmful to   |                                   |
|     the environment. If the       |                                   |
|     potential for losing keys,    |                                   |
|     weather conditions such as    |                                   |
|     frequent freezing, or other   |                                   |
|     engineering factors render    |                                   |
|     such a measure infeasible, an |                                   |
|     owner or operator may use the |                                   |
|     deviation provisions in       |                                   |
|     §112.7(a)(2) if he can        |                                   |
|     explain his reasons for       |                                   |
|     nonconformance and provide    |                                   |
|     equivalent environmental      |                                   |
|     protection by some other      |                                   |
|     means.                        |                                   |
|                                   |                                   |
| 44. [Loading/unloading            |                                   |
|     connections]{.underline}:     |                                   |
|     Under §112.7(g)(4), the       |                                   |
|     revised rule continues to     |                                   |
|     refer to "an extended time,"  |                                   |
|     instead of specifying a time  |                                   |
|     line (e.g., six months), due  |                                   |
|     to the need for operational   |                                   |
|     flexibility at facilities. We |                                   |
|     define "an extended time" in  |                                   |
|     reference to industry         |                                   |
|     standards or, in the absence  |                                   |
|     of such standards, at a       |                                   |
|     frequency sufficient to       |                                   |
|     prevent any discharge. The    |                                   |
|     appropriate method of         |                                   |
|     securing or blank flanging of |                                   |
|     these connections is a matter |                                   |
|     of good engineering practice, |                                   |
|     and might include "quick      |                                   |
|     disconnect fittings" as a     |                                   |
|     possible deviation under      |                                   |
|     §112.7(a)(2). In any case, a  |                                   |
|     secure cap is one equipped    |                                   |
|     with some kind of lock or     |                                   |
|     secure closure device to      |                                   |
|     prevent vandalism. The        |                                   |
|     requirements of this          |                                   |
|     paragraph apply to the owner  |                                   |
|     or operator of the piping,    |                                   |
|     rather than to the owner or   |                                   |
|     operator of the facility,     |                                   |
|     because a facility might      |                                   |
|     place only some piping out of |                                   |
|     service for a period of time, |                                   |
|     and let other piping remain   |                                   |
|     in service. Otherwise, the    |                                   |
|     owners or operators of some   |                                   |
|     piping might escape the       |                                   |
|     requirements of the rule and  |                                   |
|     be more likely to discharge   |                                   |
|     oil.                          |                                   |
|                                   |                                   |
| 45. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with security purposes        |                                   |
|     include: (1) API Standard     |                                   |
|     2610, Design, Construction,   |                                   |
|     Operation, Maintenance, and   |                                   |
|     Inspection of Terminal and    |                                   |
|     Tank Facilities; and, (2)     |                                   |
|     NFPA 30A, Automotive and      |                                   |
|     Marine Service Station Code,  |                                   |
|     Flammable and Combustible     |                                   |
|     Liquids Code.                 |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.7 General requirements    | Sec.112.7 General requirements    |
| for Spill Prevention, Control,    | for Spill Prevention, Control,    |
| and Countermeasure Plans.         | and Countermeasure Plans.         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(h\) [Facility tank car and tank | \(4\) [Facility tank car and tank |
| truck loading/unloading rack      | truck loading/unloading rack      |
| (*excluding offshore              | (onshore)]{.underline}.           |
| facilities*).]{.underline}        |                                   |
|                                   | \(i\) Tank car and tank truck     |
| *(1)* Where *loading/unloading    | loading/unloading procedures      |
| area drainage* does not flow into | should meet the minimum           |
| a catchment basin or treatment    | requirements and regulation       |
| facility designed to handle       | established by the Department of  |
| *discharges*, *use* a quick       | Transportation.                   |
| drainage system for *tank car or* |                                   |
| tank truck loading and unloading  | \(ii\) Where rack area drainage   |
| areas. *You must design any       | does not flow into a catchment    |
| containment system* to hold at    | basin or treatment facility       |
| least *the* maximum capacity of   | designed to handle spills, a      |
| any single compartment of a tank  | quick drainage system should be   |
| car or tank truck loaded or       | used for tank truck loading and   |
| unloaded at the *facility*.       | unloading areas. The containment  |
|                                   | system should be designed to hold |
| \(2\) *Provide* an interlocked    | at least maximum capacity of any  |
| warning light or physical barrier | single compartment of a tank car  |
| system, *warning signs, wheel     | or tank truck loaded or unloaded  |
| chocks, or vehicle brake          | in the plant.                     |
| interlock system* in              |                                   |
| loading/unloading areas to        | \(iii\) An interlocked warning    |
| prevent *vehicles* *from          | light or physical barrier system, |
| departing* before complete        | or warning signs, should be       |
| disconnection of flexible or      | provided in loading/unloading     |
| fixed oil transfer lines.         | areas to prevent vehicular        |
|                                   | departure before complete         |
| \(3\) Prior to filling and        | disconnect of flexible or fixed   |
| departure of any tank car or tank | transfer lines.                   |
| truck, *closely inspect for       |                                   |
| discharges the lowermost drain    | \(iv\) Prior to filling and       |
| and all outlets of such           | departure of any tank car or tank |
| vehicles*, and if necessary,      | truck, the lowermost drain and    |
| *ensure that they are* tightened, | all outlets of such vehicles      |
| adjusted, or replaced to prevent  | should be closely examined for    |
| liquid *discharge* while in       | leakage, and if necessary,        |
| transit.                          | tightened, adjusted, or replaced  |
|                                   | to prevent liquid leakage while   |
| . . . . . . . . . . . . .         | in transit.                       |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 46. [Background]{.underline}:     |                                   |
|     This section applies to any   |                                   |
|     non-transportation-related or |                                   |
|     terminal facility where oil   |                                   |
|     is loaded or unloaded from or |                                   |
|     to a tank car or tank truck.  |                                   |
|     It applies to containers that |                                   |
|     are aboveground (including    |                                   |
|     partially buried tanks,       |                                   |
|     bunkered tanks, or vaulted    |                                   |
|     tanks) or completely buried   |                                   |
|     (except those exempted by     |                                   |
|     this rule), and to all        |                                   |
|     facilities, large or small.   |                                   |
|     All such facilities have a    |                                   |
|     risk of discharge from        |                                   |
|     transfers. Our Survey of Oil  |                                   |
|     Storage Facilities (published |                                   |
|     in July 1996) showed that as  |                                   |
|     annual throughput increases,  |                                   |
|     so does the propensity to     |                                   |
|     discharge, the severity of    |                                   |
|     the discharge, and, to a      |                                   |
|     lesser extent, the costs of   |                                   |
|     the cleanup. Throughput       |                                   |
|     increases are often           |                                   |
|     associated with transfers of  |                                   |
|     oil.                          |                                   |
|                                   |                                   |
| > The requirements contained in   |                                   |
| > this section, including those   |                                   |
| > for secondary containment,      |                                   |
| > warning systems, and inspection |                                   |
| > of trucks or cars for           |                                   |
| > discharges are necessary to     |                                   |
| > help prevent discharges. If an  |                                   |
| > owner or operator can justify a |                                   |
| > deviation for secondary         |                                   |
| > containment requirement in      |                                   |
| > paragraph (h)(1) on the basis   |                                   |
| > that it is not practicable from |                                   |
| > an engineering standpoint, he   |                                   |
| > must provide a contingency plan |                                   |
| > and take other actions to       |                                   |
| > comply with §112.7(d). If an    |                                   |
| > owner or operator seeks to      |                                   |
| > deviate from any of the         |                                   |
| > requirements in paragraphs      |                                   |
| > (h)(2) or (3), he must explain  |                                   |
| > his reasons for nonconformance, |                                   |
| > as provided in §112.7(a)(2),    |                                   |
| > and provide measures affording  |                                   |
| > equivalent environmental        |                                   |
| > protection.                     |                                   |
| >                                 |                                   |
| > A contingency plan (whether     |                                   |
| > labeled "strong" or otherwise)  |                                   |
| > is not a preferable alternative |                                   |
| > to secondary containment.       |                                   |
| > Secondary containment is        |                                   |
| > preferable because it may       |                                   |
| > prevent a discharge that may be |                                   |
| > harmful as described in         |                                   |
| > §112.1(b). A contingency plan   |                                   |
| > is a plan for action when such  |                                   |
| > discharge has already occurred. |                                   |
| > If secondary containment is not |                                   |
| > practicable, an owner or        |                                   |
| > operator must provide a         |                                   |
| > contingency plan and take other |                                   |
| > actions as required by          |                                   |
| > §112.7(d). EPA will continue to |                                   |
| > evaluate the issue of whether   |                                   |
| > the provisions for secondary    |                                   |
| > containment found in            |                                   |
| > §112.7(h)(1) should be modified |                                   |
| > or revised. We intend to        |                                   |
| > publish a notice asking for     |                                   |
| > additional data and comment on  |                                   |
| > this issue.                     |                                   |
| >                                 |                                   |
| > This section does not regulate  |                                   |
| > activities already under the    |                                   |
| > purview of the U.S. Department  |                                   |
| > of Transportation. We regulate  |                                   |
| > the environmental aspects of    |                                   |
| > loading/unloading transfers at  |                                   |
| > non-transportation-related      |                                   |
| > facilities, which are           |                                   |
| > legitimately part of a          |                                   |
| > prevention plan. DOT regulates  |                                   |
| > other aspects of those          |                                   |
| > transfers, such as safety       |                                   |
| > measures.                       |                                   |
|                                   |                                   |
| 47. [Secondary                    |                                   |
|     containment]{.underline}: The |                                   |
|     requirement for secondary     |                                   |
|     containment applies to all    |                                   |
|     facilities, whether with      |                                   |
|     aboveground or completely     |                                   |
|     buried containers. This       |                                   |
|     includes production           |                                   |
|     facilities and small          |                                   |
|     facilities. The method of     |                                   |
|     secondary containment must be |                                   |
|     one of those listed in the    |                                   |
|     rule (see §112.7(c)), or some |                                   |
|     similar system that provides  |                                   |
|     equivalent environmental      |                                   |
|     protection. The choice of     |                                   |
|     method is one of good         |                                   |
|     engineering practice.         |                                   |
|     However, we note that sumps   |                                   |
|     and drip pans are a listed    |                                   |
|     method of secondary           |                                   |
|     containment for offshore      |                                   |
|     facilities. A catchment basin |                                   |
|     might be an acceptable form   |                                   |
|     of retention pond for an      |                                   |
|     onshore facility. Whatever    |                                   |
|     method is implemented, it     |                                   |
|     must be capable of containing |                                   |
|     the maximum capacity of any   |                                   |
|     single compartment of a tank  |                                   |
|     car or tank truck loaded or   |                                   |
|     unloaded in the facility. A   |                                   |
|     discharge from the maximum    |                                   |
|     capacity of any single        |                                   |
|     compartment of a tank car or  |                                   |
|     tank truck includes a         |                                   |
|     discharge from the tank car   |                                   |
|     or tank truck piping and      |                                   |
|     hoses. This is the largest    |                                   |
|     amount likely to be           |                                   |
|     discharged from the oil       |                                   |
|     storage vehicle. In case of   |                                   |
|     discharge, the secondary      |                                   |
|     containment system must be    |                                   |
|     capable of preventing a       |                                   |
|     discharge from that maximum   |                                   |
|     capacity compartment to the   |                                   |
|     environment. If secondary     |                                   |
|     containment is not            |                                   |
|     practicable, an owner or      |                                   |
|     operator may be able to       |                                   |
|     deviate from the requirement  |                                   |
|     if he provides a contingency  |                                   |
|     plan and otherwise comply     |                                   |
|     with §112.7(d).               |                                   |
|                                   |                                   |
| 48. [Alarm or warning             |                                   |
|     systems]{.underline}: The     |                                   |
|     requirement to provide a      |                                   |
|     warning light or other        |                                   |
|     physical barrier system       |                                   |
|     applies to the                |                                   |
|     loading/unloading areas of    |                                   |
|     facilities. We have amended   |                                   |
|     the rule to include "vehicle  |                                   |
|     brake interlock system" and   |                                   |
|     "wheel chocks." The examples  |                                   |
|     listed in the rule of         |                                   |
|     potential warning systems are |                                   |
|     merely illustrative. Any      |                                   |
|     other alarm or warning system |                                   |
|     which serves the same purpose |                                   |
|     and performs effectively will |                                   |
|     also suffice to meet this     |                                   |
|     requirement.                  |                                   |
|                                   |                                   |
| 49. [Vehicle drain                |                                   |
|     closure]{.underline}: We      |                                   |
|     believe that the requirement  |                                   |
|     to check vehicles for         |                                   |
|     discharge is important to     |                                   |
|     help prevent discharges. If   |                                   |
|     the check were not done, the  |                                   |
|     entire contents of the        |                                   |
|     vehicle might be discharged.  |                                   |
|     We further believe that the   |                                   |
|     responsibility for compliance |                                   |
|     with proposed §112.7(h)(3),   |                                   |
|     as well as with all           |                                   |
|     provisions of the rule,       |                                   |
|     continues to rest with the    |                                   |
|     owner or operator of the      |                                   |
|     facility when those vehicles  |                                   |
|     are loading or unloading oil  |                                   |
|     at the facility.              |                                   |
|                                   |                                   |
| 50. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with loading and unloading    |                                   |
|     areas include: (1) NFPA 30,   |                                   |
|     "Flammable and Combustible    |                                   |
|     Liquids Code"; and, (2) API   |                                   |
|     Standard 2610, "Design,       |                                   |
|     Construction, Operation,      |                                   |
|     Maintenance, and Inspection   |                                   |
|     of Terminal and Tank          |                                   |
|     Facilities."                  |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.7 General requirements    | Sec.112.7 General requirements    |
| for Spill Prevention, Control,    | for Spill Prevention, Control,    |
| and Countermeasure Plans.         | and Countermeasure Plans.         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(i\) **If a field-constructed    | \[No direct counterpart in old    |
| aboveground container undergoes a | rule.\]                           |
| repair, alteration,               |                                   |
| reconstruction, or a change in    |                                   |
| service that might affect the     |                                   |
| risk of a discharge or failure    |                                   |
| due to brittle fracture or other  |                                   |
| catastrophe, or has discharged    |                                   |
| oil or failed due to brittle      |                                   |
| fracture failure or other         |                                   |
| catastrophe, evaluate the         |                                   |
| container for risk of discharge   |                                   |
| or failure due to brittle         |                                   |
| fracture or other catastrophe,    |                                   |
| and as necessary, take            |                                   |
| appropriate action.**             |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 51. [Background]{.underline}: The |                                   |
|     brittle fracture requirement  |                                   |
|     was triggered by the Ashland  |                                   |
|     Oil tank collapse in 1988 due |                                   |
|     to brittle fracture.          |                                   |
|                                   |                                   |
| 52. [Applicability]{.underline}:  |                                   |
|     The requirement to evaluate   |                                   |
|     field-constructed tanks for   |                                   |
|     brittle fracture whenever a   |                                   |
|     field-constructed aboveground |                                   |
|     container undergoes repair,   |                                   |
|     alteration, reconstruction,   |                                   |
|     or change in service is       |                                   |
|     necessary because brittle     |                                   |
|     fracture may cause sudden and |                                   |
|     catastrophic tank failure,    |                                   |
|     resulting in potentially      |                                   |
|     serious damage to the         |                                   |
|     environment and loss of oil.  |                                   |
|     The requirement is applicable |                                   |
|     to large and small facilities |                                   |
|     alike, because all the        |                                   |
|     field-constructed aboveground |                                   |
|     containers have a risk of     |                                   |
|     failure. The presence or      |                                   |
|     absence of secondary          |                                   |
|     containment does not          |                                   |
|     eliminate the need for        |                                   |
|     brittle fracture evaluation   |                                   |
|     because the intent of the     |                                   |
|     rule is to prevent a          |                                   |
|     discharge whether or not it   |                                   |
|     will be contained. While the  |                                   |
|     requirement applies to all    |                                   |
|     field-constructed aboveground |                                   |
|     containers, if an owner or    |                                   |
|     operator can show that the    |                                   |
|     evaluation is unnecessary for |                                   |
|     his steel-bolted tanks, he    |                                   |
|     may deviate from the          |                                   |
|     requirement under             |                                   |
|     §112.7(a)(2) if he can        |                                   |
|     explain his reasons for       |                                   |
|     nonconformance and provide    |                                   |
|     equivalent environmental      |                                   |
|     protection. We note that      |                                   |
|     portions of steel-bolted      |                                   |
|     tanks, such as the bottom or  |                                   |
|     roof, may be welded, and      |                                   |
|     therefore subject to brittle  |                                   |
|     fracture.                     |                                   |
|                                   |                                   |
| > The requirement for evaluation  |                                   |
| > of a field-constructed          |                                   |
| > aboveground container must be   |                                   |
| > undertaken when the container   |                                   |
| > undergoes a repair, alteration, |                                   |
| > reconstruction, or change in    |                                   |
| > service that might affect the   |                                   |
| > risk of a discharge or failure  |                                   |
| > due to brittle fracture, or     |                                   |
| > when a discharge or failure has |                                   |
| > already occurred due to brittle |                                   |
| > fracture or other catastrophe.  |                                   |
| > Catastrophic failures are       |                                   |
| > failures which may result from  |                                   |
| > events such as lightning        |                                   |
| > strikes, dangerous seismic      |                                   |
| > activity, etc. As a result of a |                                   |
| > catastrophic failure, the       |                                   |
| > entire contents of a container  |                                   |
| > may be discharged to the        |                                   |
| > environment in the same way as  |                                   |
| > if brittle fracture had         |                                   |
| > occurred.                       |                                   |
| >                                 |                                   |
| > "Repair" means any work         |                                   |
| > necessary to maintain or        |                                   |
| > restore a container to a        |                                   |
| > condition suitable for safe     |                                   |
| > operation. Typical examples     |                                   |
| > include the removal and         |                                   |
| > replacement of material (such   |                                   |
| > as roof, shell, or bottom       |                                   |
| > material, including weld metal) |                                   |
| > to maintain container           |                                   |
| > integrity; the re-leveling or   |                                   |
| > jacking of a container shell,   |                                   |
| > bottom, or roof; the addition   |                                   |
| > of reinforcing plates to        |                                   |
| > existing shell penetrations;    |                                   |
| > and the repair of flaws, such   |                                   |
| > as tears or gouges, by grinding |                                   |
| > or gouging followed by welding. |                                   |
| > We understand that some repairs |                                   |
| > (such as repair of tank seals), |                                   |
| > alterations, or changes in      |                                   |
| > service will not cause a risk   |                                   |
| > of failure due to brittle       |                                   |
| > fracture; therefore, we have    |                                   |
| > amended the rule to refer to    |                                   |
| > those repairs, alterations,     |                                   |
| > reconstruction, or changes in   |                                   |
| > service that affect the risk of |                                   |
| > a discharge or failure due to   |                                   |
| > brittle fracture.               |                                   |
| >                                 |                                   |
| > "Alteration" means any work on  |                                   |
| > a container involving cutting,  |                                   |
| > burning, welding, or heating    |                                   |
| > operations that changes the     |                                   |
| > physical dimensions or          |                                   |
| > configurations of the           |                                   |
| > container. Typical examples     |                                   |
| > include the addition of manways |                                   |
| > and nozzles greater than        |                                   |
| > 12-inch nominal pipe size and   |                                   |
| > an increase or decrease in tank |                                   |
| > shell height.                   |                                   |
|                                   |                                   |
| 53. [Alternatives to brittle      |                                   |
|     fracture                      |                                   |
|     evaluation:]{.underline} We   |                                   |
|     believe that API Standard 653 |                                   |
|     is an acceptable standard to  |                                   |
|     test for brittle fracture.    |                                   |
|     However, an incorporation by  |                                   |
|     reference of any standard     |                                   |
|     might cause the rule to be    |                                   |
|     instantly obsolete should     |                                   |
|     that standard change or       |                                   |
|     should a newer, better method |                                   |
|     emerge. A potential standard  |                                   |
|     might also apply only to a    |                                   |
|     certain subset of facilities  |                                   |
|     or equipment. Therefore, as   |                                   |
|     with most other requirements  |                                   |
|     in this part, if an owner or  |                                   |
|     operator explains his reasons |                                   |
|     for nonconformance,           |                                   |
|     alternative methods which     |                                   |
|     afford equivalent             |                                   |
|     environmental protection may  |                                   |
|     be acceptable under           |                                   |
|     §112.7(a)(2). If acoustic     |                                   |
|     emission testing provides     |                                   |
|     equivalent environmental      |                                   |
|     protection it may be          |                                   |
|     acceptable as an alternative. |                                   |
|     That decision, in the first   |                                   |
|     instance, is one for the      |                                   |
|     Professional Engineer and     |                                   |
|     owner or operator.            |                                   |
|                                   |                                   |
| 54. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with brittle fracture         |                                   |
|     evaluation include: (1) API   |                                   |
|     Standard 653, "Tank           |                                   |
|     Inspection, Repair,           |                                   |
|     Alteration, and               |                                   |
|     Reconstruction"; and, (2) API |                                   |
|     Recommended Practice 920,     |                                   |
|     "Prevention of Brittle        |                                   |
|     Fracture of Pressure          |                                   |
|     Vessels."                     |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.7 General requirements    | Sec.112.7 General requirements    |
| for Spill Prevention, Control,    | for Spill Prevention, Control,    |
| and Countermeasure Plans.         | and Countermeasure Plans.         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(j\) In addition to the minimal  | \(e\) In addition to the minimal  |
| prevention standards listed under | prevention standards listed under |
| *this section, include in your    | Sec. 112.7(c), sections of the    |
| Plan* a complete discussion of    | Plan should include a complete    |
| conformance with the applicable   | discussion of conformance with    |
| *requirements* *and other         | the following applicable          |
| effective discharge prevention    | guidelines, other effective spill |
| and containment procedures listed | prevention and containment        |
| in this part or any applicable    | procedures (or, if more           |
| more stringent State rules,       | stringent, with State rules,      |
| regulations, and guidelines.*     | regulations and guidelines):      |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 55. [Cross-referencing of         |                                   |
|     requirements]{.underline}: An |                                   |
|     owner or operator must        |                                   |
|     address all SPCC requirements |                                   |
|     in the Plan, including        |                                   |
|     requirements he considers     |                                   |
|     inapplicable. The owner or    |                                   |
|     operator must include in the  |                                   |
|     Plan a complete discussion of |                                   |
|     conformance with the          |                                   |
|     applicable requirements and   |                                   |
|     other effective discharge     |                                   |
|     prevention and containment    |                                   |
|     procedures listed in part 112 |                                   |
|     or any applicable more        |                                   |
|     stringent State rule,         |                                   |
|     regulation, or guideline. If  |                                   |
|     a requirement is not          |                                   |
|     applicable to a particular    |                                   |
|     type of facility, we believe  |                                   |
|     that it is important for an   |                                   |
|     owner or operator to explain  |                                   |
|     why.                          |                                   |
|                                   |                                   |
| 56. [Consistency in               |                                   |
|     rules]{.underline}: An owner  |                                   |
|     or operator may now use a     |                                   |
|     State plan as a substitute    |                                   |
|     for an SPCC Plan when the     |                                   |
|     State plan meets all Federal  |                                   |
|     requirements and is           |                                   |
|     cross-referenced. When an     |                                   |
|     owner or operator uses a      |                                   |
|     State plan that does not meet |                                   |
|     all Federal requirements, it  |                                   |
|     must be supplemented by       |                                   |
|     sections that do meet all     |                                   |
|     Federal requirements. At      |                                   |
|     times EPA will have rules     |                                   |
|     that are more stringent than  |                                   |
|     States rules, and some States |                                   |
|     may have rules that are more  |                                   |
|     stringent than those of EPA.  |                                   |
|     If an owner or operator is    |                                   |
|     following more stringent      |                                   |
|     State rules in the Plan, he   |                                   |
|     must explain that is what he  |                                   |
|     is doing.                     |                                   |
|                                   |                                   |
| 57. [Federal and State            |                                   |
|     regulation]{.underline}: Both |                                   |
|     the States and EPA have       |                                   |
|     authority to regulate         |                                   |
|     containers storing or using   |                                   |
|     oil. We believe State         |                                   |
|     authority to regulate in this |                                   |
|     area and establish spill      |                                   |
|     prevention programs is        |                                   |
|     supported by section 311(o)   |                                   |
|     of the CWA. Some States have  |                                   |
|     exercised their authority to  |                                   |
|     regulate while others have    |                                   |
|     not. We believe that State    |                                   |
|     SPCC programs are a valuable  |                                   |
|     supplement to our SPCC        |                                   |
|     program.                      |                                   |
|                                   |                                   |
| 58. [Preemption]{.underline}: We  |                                   |
|     do not preempt State rules,   |                                   |
|     and defer to State rules,     |                                   |
|     regulations, and guidelines   |                                   |
|     that are more stringent than  |                                   |
|     part 112.                     |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Subpart B]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| *3. Part 112 is amended adding    | \[No direct counterpart in old    |
| subpart B consisting of §§112.8   | rule.\]                           |
| through 112.11 to read as         |                                   |
| follows:*                         |                                   |
|                                   |                                   |
| *SUBPART B - Requirements for     |                                   |
| Petroleum Oils and Non-petroleum  |                                   |
| Oils, Except Animal Fats and Oils |                                   |
| and Greases, and Fish and Marine  |                                   |
| Mammal Oils; and Vegetable Oils   |                                   |
| (Including Oils from Seeds, Nuts, |                                   |
| Fruits, and Kernels).*            |                                   |
|                                   |                                   |
| *Sec.*                            |                                   |
|                                   |                                   |
| *112.8 Spill Prevention, Control, |                                   |
| and Countermeasure Plan           |                                   |
| requirements for onshore          |                                   |
| facilities (excluding production  |                                   |
| facilities).*                     |                                   |
|                                   |                                   |
| *112.9 Spill Prevention, Control, |                                   |
| and Countermeasure Plan           |                                   |
| requirements for onshore oil      |                                   |
| production facilities.*           |                                   |
|                                   |                                   |
| *112.10 Spill Prevention,         |                                   |
| Control, and Countermeasure Plan  |                                   |
| requirements for onshore oil      |                                   |
| drilling and workover             |                                   |
| facilities.*                      |                                   |
|                                   |                                   |
| *112.11 Spill Prevention,         |                                   |
| Control, and Countermeasure Plan  |                                   |
| requirements for offshore oil     |                                   |
| drilling, production, or workover |                                   |
| facilities.*                      |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 59. [Reorganization]{.underline}: |                                   |
|     We reorganized the rule to    |                                   |
|     clarify SPCC Plan             |                                   |
|     requirements for different    |                                   |
|     types of facilities, and to   |                                   |
|     provide requirements for      |                                   |
|     different types of oil.       |                                   |
|     Subpart A consists of an      |                                   |
|     applicability section,        |                                   |
|     definitions, and general      |                                   |
|     requirements for all          |                                   |
|     facilities. Subparts B and C  |                                   |
|     outline the requirements for  |                                   |
|     different types of oils.      |                                   |
|     Subpart B is for petroleum    |                                   |
|     oils and non-petroleum oils,  |                                   |
|     except for animal fats and    |                                   |
|     vegetable oils. Subpart C is  |                                   |
|     for animal fats and oils and  |                                   |
|     greases, and fish and marine  |                                   |
|     mammal oils; and for          |                                   |
|     vegetable oils, including     |                                   |
|     oils from seeds, nuts,        |                                   |
|     fruits, and kernels. Subpart  |                                   |
|     D is for response. Subparts B |                                   |
|     and C are divided into        |                                   |
|     sections to reflect the       |                                   |
|     differing types of facilities |                                   |
|     for each type of oil. Subpart |                                   |
|     D is for response             |                                   |
|     requirements.                 |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Section 112.8]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| *If you are the owner or operator | \(e\) In addition to the minimal  |
| of an onshore facility (excluding | prevention standards listed under |
| a production facility), you       | Sec. 112.7(c), sections of the    |
| must:*                            | Plan should include a complete    |
|                                   | discussion of conformance with    |
| *(a) Meet the general             | the following applicable          |
| requirements for the Plan listed  | guidelines, other effective spill |
| under §112.7, and the specific    | prevention and containment        |
| discharge prevention and          | procedures (or, if more           |
| containment procedures listed in  | stringent, with State rules,      |
| this section.*                    | regulations and guidelines):      |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 60. [Editorial                    |                                   |
|     changes]{.underline}: We      |                                   |
|     inserted an introduction to   |                                   |
|     §112.8 so that we could list  |                                   |
|     the requirements of that      |                                   |
|     section in the active voice.  |                                   |
|     Those requirements, except as |                                   |
|     specifically noted, apply to  |                                   |
|     the owner or operator of an   |                                   |
|     onshore facility (except a    |                                   |
|     production facility). The     |                                   |
|     introduction does not result  |                                   |
|     in any substantive change in  |                                   |
|     requirements.                 |                                   |
|                                   |                                   |
| > Section 112.8(a) merely         |                                   |
| > references the general          |                                   |
| > requirements that all           |                                   |
| > facilities subject to this part |                                   |
| > must meet and the specific      |                                   |
| > requirements that facilities    |                                   |
| > subject to this section must    |                                   |
| > meet. It does not result in any |                                   |
| > change to substantive           |                                   |
| > requirements.                   |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(b\) *[Facility                  | \(1\) [Facility drainage          |
| drainage]{.underline}.*           | (onshore); (excluding production  |
|                                   | facilities).]{.underline}         |
| \(1\) *Restrain drainage from     |                                   |
| diked storage areas* by *valves   | \(i\) Drainage from diked storage |
| to* prevent a *discharge* into    | areas should be restrained by     |
| the drainage system or *facility  | valves or other positive means to |
| effluent treatment system*,       | prevent a spill or other          |
| except where *facility* systems   | excessive leakage of oil into the |
| are designed to control such      | drainage system or inplant        |
| discharge. *You may empty diked   | effluent treatment system, except |
| areas by pumps or ejectors;*      | where plan systems are designed   |
| however, *you must* manually      | to handle such leakage. Diked     |
| *activate these* *pumps or        | areas may be emptied by pumps or  |
| ejectors and must inspect the*    | ejectors; however, these should   |
| condition of the accumulation     | be manually activated and the     |
| before starting, to ensure no oil | condition of the accumulation     |
| will be *discharged.*             | should be examined before         |
|                                   | starting to be sure no oil will   |
| \(2\) *Use valves of manual,      | be discharged into the water.     |
| open-and-closed design, for the   |                                   |
| drainage of diked areas*. *You    | \(ii\) Flapper-type drain valves  |
| may not use flapper-type drain    | should not be used to drain diked |
| valves to drain diked areas. If   | areas. Valves used for the        |
| your facility drainage drains     | drainage of diked areas should,   |
| directly into a* watercourse and  | as far as practical, be of        |
| not into *an on-site* wastewater  | manual, open-and-closed design.   |
| treatment *plant,* *you must      | When plant drainage drains        |
| inspect and may drain             | directly into water courses and   |
| uncontaminated retained           | not into wastewater treatment     |
| stormwater, as provided in        | plants, retained storm water      |
| paragraphs (c)(3)(ii), (iii), and | should be inspected as provided   |
| (iv) of this section.*            | in paragraphs (e)(2)(iii) (B),    |
|                                   | (C) and (D) of this section       |
| . . . . . . . . . . . . .         | before drainage.                  |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 61. [Applicability]{.underline}:  |                                   |
|     This section is not limited   |                                   |
|     to facilities having areas    |                                   |
|     with the potential for        |                                   |
|     discharges greater than 660   |                                   |
|     gallons or areas with tanks   |                                   |
|     regulated under these rules.  |                                   |
|     Small discharges (that is, of |                                   |
|     660 gallons or less) as       |                                   |
|     described in §112.1(b) from   |                                   |
|     diked storage areas can cause |                                   |
|     great environmental harm.     |                                   |
|     Also, this rule applies to    |                                   |
|     *regulated facilities*, not   |                                   |
|     merely areas with regulated   |                                   |
|     tanks or other containers. A  |                                   |
|     facility may contain          |                                   |
|     operating equipment within a  |                                   |
|     diked storage area that could |                                   |
|     cause a discharge as          |                                   |
|     described in §112.1(b).       |                                   |
|                                   |                                   |
| > The requirement is practical    |                                   |
| > for facilities with site-wide   |                                   |
| > containment or that have        |                                   |
| > substantial stormwater draining |                                   |
| > onto and across the site. Where |                                   |
| > oil/water separators, underflow |                                   |
| > uncontrolled discharge devices, |                                   |
| > or other positive means provide |                                   |
| > equivalent environmental        |                                   |
| > protection as the discharge     |                                   |
| > restraints required by this     |                                   |
| > section, an owner or operator   |                                   |
| > may use them, if he explains    |                                   |
| > his reasons for nonconformance. |                                   |
| > See §112.7(a)(2). However, the  |                                   |
| > owner or operator must still    |                                   |
| > ensure that no oil will be      |                                   |
| > discharged when using alternate |                                   |
| > devices.                        |                                   |
|                                   |                                   |
| 62. [De minimis amounts of        |                                   |
|     oil]{.underline}: This rule   |                                   |
|     is concerned with a discharge |                                   |
|     of oil that would become a    |                                   |
|     discharge as described in     |                                   |
|     §112.1(b). When oil is        |                                   |
|     present in water in an amount |                                   |
|     that cannot be perceived by   |                                   |
|     the human eye, the discharge  |                                   |
|     might not meet the            |                                   |
|     description provided in 40    |                                   |
|     CFR 110.3. Therefore, such a  |                                   |
|     discharge might not be a      |                                   |
|     discharge in a quantity that  |                                   |
|     may be harmful, and therefore |                                   |
|     not a reportable discharge    |                                   |
|     under part 110. However, a    |                                   |
|     discharge which is invisible  |                                   |
|     to the human eye might also   |                                   |
|     contain components (for       |                                   |
|     example, dissolved petroleum  |                                   |
|     components) which would       |                                   |
|     violate applicable water      |                                   |
|     quality standards, making it  |                                   |
|     a reportable discharge.       |                                   |
|     Therefore, we are keeping the |                                   |
|     language as proposed, other   |                                   |
|     than making some editorial    |                                   |
|     changes.                      |                                   |
|                                   |                                   |
| 63. [Industry                     |                                   |
|     standards:]{.underline}       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with facility drainage        |                                   |
|     include: (1) NFPA 30,         |                                   |
|     "Flammable and Combustible    |                                   |
|     Liquids Code"; and (2), API   |                                   |
|     Standard 2610, "Design,       |                                   |
|     Construction, Operation,      |                                   |
|     Maintenance, and Inspection   |                                   |
|     of Terminal and Tank          |                                   |
|     Facilities."                  |                                   |
|                                   |                                   |
| 64. [Innovative                   |                                   |
|     devices]{.underline}: This    |                                   |
|     rule does not preclude        |                                   |
|     innovative devices that       |                                   |
|     achieve the same              |                                   |
|     environmental protection as   |                                   |
|     manual open-and-closed design |                                   |
|     valves. If an owner or        |                                   |
|     operator does not use such    |                                   |
|     valves, he must explain why.  |                                   |
|     The provision for deviations  |                                   |
|     in §112.7(a)(2) allows        |                                   |
|     alternatives if the owner or  |                                   |
|     operator states his reasons   |                                   |
|     for nonconformance, and if he |                                   |
|     can provide equivalent        |                                   |
|     environmental protection by   |                                   |
|     some other means. However,    |                                   |
|     the owner or operator may not |                                   |
|     use flapper-type drain valves |                                   |
|     to drain diked areas. And if  |                                   |
|     the owner or operator uses    |                                   |
|     alternate devices to          |                                   |
|     substitute for manual,        |                                   |
|     open-and-closed design        |                                   |
|     valves, the owner or operator |                                   |
|     must inspect and may drain    |                                   |
|     retained stormwater, as       |                                   |
|     provided in §112.8(c)(3)(ii), |                                   |
|     (iii), and (iv), if their     |                                   |
|     facility drainage drains      |                                   |
|     directly into a watercourse,  |                                   |
|     lake, or pond bypassing the   |                                   |
|     facility treatment system.    |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(b\) . . .                       | \(1\) . . .                       |
|                                   |                                   |
| \(3\) *Design facility drainage   | \(iii\) Plant drainage systems    |
| systems from undiked areas with a | from undiked areas should, if     |
| potential for a discharge (such   | possible, flow into ponds,        |
| as where piping is located        | lagoons or catchment basins,      |
| outside containment walls or      | designed to retain oil or return  |
| where tank truck discharges may   | it to the facility. Catchment     |
| occur outside the loading area)   | basins should not be located in   |
| to* flow into ponds, lagoons, or  | areas subject to periodic         |
| catchment basins designed to      | flooding.                         |
| retain oil or return it to the    |                                   |
| facility. *You must not locate    | \(iv\) If plant drainage is not   |
| catchment basins* in areas        | engineered as above, the final    |
| subject to periodic flooding.     | discharge of all in-plant ditches |
|                                   | should be equipped with a         |
| \(4\) If *facility* drainage is   | diversion system that could, in   |
| not engineered as *in paragraph   | the event of an uncontrolled      |
| (b)(3) of this section,* *equip   | spill, return the oil to the      |
| the final discharge of all        | plant.                            |
| ditches inside the facility* with |                                   |
| a diversion system that would, in | \(v\) Where drainage waters are   |
| the event of an uncontrolled      | treated in more than one          |
| *discharge*, *retain oil in the   | treatment unit, natural hydraulic |
| facility.*                        | flow should be used. If pump      |
|                                   | transfer is needed, two "lift"    |
| \(5\) Where drainage waters are   | pumps should be provided, and at  |
| treated in more than one          | least one of the pumps should be  |
| treatment unit *and such          | permanently installed when such   |
| treatment is continuous, and pump | treatment is continuous. In any   |
| transfer is needed, provide two   | event, whatever techniques are    |
| "lift" pumps and permanently      | used facility drainage systems    |
| install at least one of the       | should be adequately engineered   |
| pumps*. Whatever techniques *you  | to prevent oil from reaching      |
| use, you must engineer* facility  | navigable waters in the event of  |
| drainage systems to prevent *a    | equipment failure or human error  |
| discharge as described in         | at the facility.                  |
| §112.1(b) in case there is an*    |                                   |
| equipment failure or human error  | . . . . . . . . . . . . .         |
| at the facility.                  |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 65. [Applicability]{.underline}:  |                                   |
|     Where a drainage system is    |                                   |
|     infeasible, if an owner or    |                                   |
|     operator explains his reasons |                                   |
|     for nonconformance, he may    |                                   |
|     provide equivalent            |                                   |
|     environmental protection by   |                                   |
|     an alternate means.           |                                   |
|     Concerning the applicability  |                                   |
|     of the paragraph to           |                                   |
|     aboveground piping and        |                                   |
|     loading/unloading areas, we   |                                   |
|     note that both areas are      |                                   |
|     subject to the rule's         |                                   |
|     requirements if they are      |                                   |
|     undiked.                      |                                   |
|                                   |                                   |
| 66. [Alternatives]{.underline}:   |                                   |
|     The rule does not limit an    |                                   |
|     owner or operator to the use  |                                   |
|     of drainage trenches for      |                                   |
|     undiked areas. Other forms of |                                   |
|     secondary containment may be  |                                   |
|     acceptable. The rule only     |                                   |
|     prescribes requirements for   |                                   |
|     the drainage of diked areas,  |                                   |
|     but does not mandate the use  |                                   |
|     of diked areas. If the owner  |                                   |
|     or operator does use diked    |                                   |
|     areas, the rule prescribes    |                                   |
|     minimum requirements for      |                                   |
|     drainage of those areas.      |                                   |
|     Also, if the requirement is   |                                   |
|     not practical, an owner or    |                                   |
|     operator may explain his      |                                   |
|     reasons for nonconformance    |                                   |
|     and provide equivalent        |                                   |
|     environmental protection      |                                   |
|     under §112.7(a)(2).           |                                   |
|                                   |                                   |
| 67. [Retaining oil in the         |                                   |
|     facility]{.underline}: The    |                                   |
|     rule requires retaining       |                                   |
|     within the facility minimal   |                                   |
|     amounts of contaminated water |                                   |
|     in undiked areas subject to   |                                   |
|     periodic flooding. It is      |                                   |
|     better that a diversion       |                                   |
|     system retain rather than     |                                   |
|     allow oil to leave the        |                                   |
|     facility, thus enhancing the  |                                   |
|     prevention goals of the rule. |                                   |
|     Furthermore, it should be     |                                   |
|     easier to retain discharged   |                                   |
|     oil rather than retrieve oil  |                                   |
|     that has been discharged from |                                   |
|     the facility.                 |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(c\) *[Bulk storage              | \(2\) [Bulk storage tanks         |
| containers.]{.underline}*         | (onshore); (excluding production  |
|                                   | facilities).]{.underline}         |
| \(1\) *Not use a container* for   |                                   |
| the storage of oil unless its     | \(i\) No tank should be used for  |
| material and construction are     | the storage of oil unless its     |
| compatible with the material      | material and construction are     |
| stored and conditions of storage  | compatible with the material      |
| such as pressure and              | stored and conditions of storage  |
| *temperature.*                    | such as pressure and temperature, |
|                                   | etc.                              |
| . . . . . . . . . . . . .         |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 68. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with the material and         |                                   |
|     construction of containers    |                                   |
|     include: (1) API Standard     |                                   |
|     620, "Design and Construction |                                   |
|     of Large Welded Low-Pressure  |                                   |
|     Storage Tanks"; (2) API       |                                   |
|     Standard 650, "Welded Steel   |                                   |
|     Tanks for Oil Storage"; (3)   |                                   |
|     Steel Tank Institute (STI)    |                                   |
|     F911, "Standard for Diked     |                                   |
|     Aboveground Steel Tanks"; (4) |                                   |
|     STI Publication R931, "Double |                                   |
|     Wall Aboveground Storage Tank |                                   |
|     Installation and Testing      |                                   |
|     Instruction"; (5) UL Standard |                                   |
|     58, "Standard for Steel       |                                   |
|     Underground Tanks for         |                                   |
|     Flammable and Combustible     |                                   |
|     Liquids"; (6) UL Standard     |                                   |
|     142, "Steel Aboveground Tanks |                                   |
|     for Flammable and Combustible |                                   |
|     Liquids"; (7) UL Standard     |                                   |
|     1316, "Standard for           |                                   |
|     Glass-Fiber-Reinforced        |                                   |
|     Plastic Underground Storage   |                                   |
|     Tanks for Petroleum           |                                   |
|     Products"; and, (8) Petroleum |                                   |
|     Equipment Institute (PEI)     |                                   |
|     Recommended Practice 200,     |                                   |
|     "Recommended Practices for    |                                   |
|     Installation of Aboveground   |                                   |
|     Storage Systems for Motor     |                                   |
|     Vehicle Fueling."             |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(c\) . . .                       | \(2\) . . .                       |
|                                   |                                   |
| \(2\) *Construct* all bulk        | \(ii\) All bulk storage tank      |
| storage *container installations  | installations should be           |
| so that you provide* a secondary  | constructed so that a secondary   |
| means of containment *for* *the   | means of containment is provided  |
| entire capacity of the largest    | for the entire contents of the    |
| single container and* sufficient  | largest single tank plus          |
| freeboard *to contain             | sufficient freeboard to allow for |
| precipitation*. *You must ensure  | precipitation. Diked areas should |
| that diked areas are*             | be sufficiently impervious to     |
| sufficiently impervious to        | contain spilled oil. Dikes,       |
| contain *discharged* oil. Dikes,  | containment curbs, and pits are   |
| containment curbs, and pits are   | commonly employed for this        |
| commonly employed for this        | purpose, but they may not always  |
| *purpose*. *You may also use an   | be appropriate. An alternative    |
| alternative system consisting of  | system could consist of a         |
| a* drainage trench enclosure      | complete drainage trench          |
| *that must be* arranged so that   | enclosure arranged so that a      |
| *any discharge will* terminate    | spill could terminate and be      |
| and be safely confined in *a      | safely confined in an in-plant    |
| facility* catchment basin or      | catchment basin or holding pond.  |
| holding pond.                     |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 69. [Secondary containment - in   |                                   |
|     general]{.underline}: A       |                                   |
|     primary containment system is |                                   |
|     the container or equipment in |                                   |
|     which oil is stored or used.  |                                   |
|     Secondary containment is a    |                                   |
|     requirement, whenever         |                                   |
|     practicable, for all bulk     |                                   |
|     storage facilities, large or  |                                   |
|     small, manned or unmanned;    |                                   |
|     and for facilities that use   |                                   |
|     oil-filled equipment. Such    |                                   |
|     containment must at least     |                                   |
|     provide for the capacity of   |                                   |
|     the largest single tank with  |                                   |
|     sufficient freeboard for      |                                   |
|     precipitation. A discharge as |                                   |
|     described in §112.1(b) from a |                                   |
|     small facility may be as      |                                   |
|     environmentally devastating   |                                   |
|     as such a discharge from a    |                                   |
|     large facility, depending on  |                                   |
|     the surrounding environment.  |                                   |
|     Likewise, a discharge from a  |                                   |
|     manned facility needs to be   |                                   |
|     contained just as a discharge |                                   |
|     from an unmanned one.         |                                   |
|     Secondary containment was     |                                   |
|     already required under old    |                                   |
|     rules. When secondary         |                                   |
|     containment is not            |                                   |
|     practicable, the owner or     |                                   |
|     operator of a facility may    |                                   |
|     deviate from the requirement  |                                   |
|     under §112.7(d), explain the  |                                   |
|     rationale in the Plan,        |                                   |
|     provide a contingency plan    |                                   |
|     following the provisions of   |                                   |
|     40 CFR part 109, and          |                                   |
|     otherwise comply with         |                                   |
|     §112.7(d).                    |                                   |
|                                   |                                   |
| > Because a pit used as a form of |                                   |
| > secondary containment may pose  |                                   |
| > a threat to birds and wildlife, |                                   |
| > we encourage an owner or        |                                   |
| > operator who uses a pit to take |                                   |
| > measures to mitigate the effect |                                   |
| > of the pit on birds and         |                                   |
| > wildlife. Such measures may     |                                   |
| > include netting, fences, or     |                                   |
| > other means to keep birds or    |                                   |
| > animals away. In some cases,    |                                   |
| > pits may also cause a discharge |                                   |
| > as described in §112.1(b). A    |                                   |
| > discharge may occur when oil    |                                   |
| > spills over the top of the pit  |                                   |
| > or when oil seeps through the   |                                   |
| > ground into groundwater, and    |                                   |
| > thence to navigable waters or   |                                   |
| > adjoining shorelines.           |                                   |
| > Therefore, we recommend that an |                                   |
| > owner or operator not use pits  |                                   |
| > in an area where such pit may   |                                   |
| > prove a source of such          |                                   |
| > discharges. Should the oil      |                                   |
| > reach navigable waters or       |                                   |
| > adjoining shorelines, it is a   |                                   |
| > reportable discharge under 40   |                                   |
| > CFR 110.6.                      |                                   |
|                                   |                                   |
| 70. [Relationship with NPDES      |                                   |
|     requirements]{.underline}: We |                                   |
|     do not believe that the rule  |                                   |
|     is duplicative of NPDES       |                                   |
|     rules. Forseeable or chronic  |                                   |
|     point source discharges that  |                                   |
|     are permitted under CWA       |                                   |
|     section 402, and that are     |                                   |
|     either due to causes          |                                   |
|     associated with the           |                                   |
|     manufacturing or other        |                                   |
|     commercial activities in      |                                   |
|     which the discharger is       |                                   |
|     engaged or due to the         |                                   |
|     operation of treatment        |                                   |
|     facilities required by the    |                                   |
|     NPDES permit, are to be       |                                   |
|     regulated under the NPDES     |                                   |
|     program. "Classic spill"      |                                   |
|     situations are subject to the |                                   |
|     requirements of CWA           |                                   |
|     section 311. Such spills are  |                                   |
|     governed by section 311 even  |                                   |
|     where the discharger holds a  |                                   |
|     valid and effective NPDES     |                                   |
|     permit under section 402. 52  |                                   |
|     FR 10712, 10714. Therefore,   |                                   |
|     the typical bulk storage      |                                   |
|     facility with no permitted    |                                   |
|     discharge or treatment        |                                   |
|     facility would not be under   |                                   |
|     the NPDES rules.              |                                   |
|                                   |                                   |
| > The secondary containment       |                                   |
| > requirements of the rule apply  |                                   |
| > to bulk storage containers and  |                                   |
| > their purpose is to help        |                                   |
| > prevent discharges as described |                                   |
| > in §112.1(b) by containing      |                                   |
| > discharged oil. NPDES rules, on |                                   |
| > the other hand, may at times    |                                   |
| > require secondary containment,  |                                   |
| > but do not always. Furthermore, |                                   |
| > NPDES rules may not always      |                                   |
| > apply to bulk storage           |                                   |
| > facilities. Therefore, the rule |                                   |
| > is not always duplicative of    |                                   |
| > NPDES rules. Where it is        |                                   |
| > duplicative, an owner or        |                                   |
| > operator of a facility subject  |                                   |
| > to NPDES rules may use that     |                                   |
| > portion of his Best Management  |                                   |
| > Practice Plan as part of his    |                                   |
| > SPCC Plan.                      |                                   |
|                                   |                                   |
| 71. [Sufficient                   |                                   |
|     freeboard]{.underline}: An    |                                   |
|     essential part of secondary   |                                   |
|     containment is sufficient     |                                   |
|     freeboard to contain          |                                   |
|     precipitation. Whatever       |                                   |
|     method the owner or operator  |                                   |
|     uses to calculate the amount  |                                   |
|     of freeboard that is          |                                   |
|     "sufficient" must be          |                                   |
|     documented in the Plan. We    |                                   |
|     believe that the proper       |                                   |
|     standard of "sufficient       |                                   |
|     freeboard" to contain         |                                   |
|     precipitation is that amount  |                                   |
|     necessary to contain          |                                   |
|     precipitation from a 25-year, |                                   |
|     24-hour storm event. That     |                                   |
|     standard allows flexibility   |                                   |
|     for varying climatic          |                                   |
|     conditions. It is also the    |                                   |
|     standard required for certain |                                   |
|     tank systems storing or       |                                   |
|     treating hazardous waste.     |                                   |
|     See, for example, 40 CFR      |                                   |
|     265.1(e)(1)(ii) and           |                                   |
|     (e)(2)(ii). While we believe  |                                   |
|     that 25-year, 24-hour storm   |                                   |
|     event standard is appropriate |                                   |
|     for most facilities and       |                                   |
|     protective of the             |                                   |
|     environment, we are not       |                                   |
|     making it a rule standard     |                                   |
|     because of the current        |                                   |
|     difficulty and expense for    |                                   |
|     some facilities of securing   |                                   |
|     recent information concerning |                                   |
|     such storm events. Recent     |                                   |
|     data does not exist for all   |                                   |
|     areas of the United States.   |                                   |
|     Furthermore, available data   |                                   |
|     may be costly for small       |                                   |
|     operators to secure. Should   |                                   |
|     recent and inexpensive        |                                   |
|     information concerning a      |                                   |
|     25-year, 24-hour storm event  |                                   |
|     for any part of the United    |                                   |
|     States become easily          |                                   |
|     accessible, we will           |                                   |
|     reconsider proposing such a   |                                   |
|     standard.                     |                                   |
|                                   |                                   |
| 72. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with secondary containment    |                                   |
|     for bulk storage containers   |                                   |
|     include: (1) NFPA 30,         |                                   |
|     "Flammable and Combustible    |                                   |
|     Liquids Code"; (2) BOCA,      |                                   |
|     National Fire Prevention      |                                   |
|     Code; (3) API Standard 2610,  |                                   |
|     "Design Construction,         |                                   |
|     Operation, Maintenance, and   |                                   |
|     Inspection of Terminal and    |                                   |
|     Tank Facilities"; and, (4)    |                                   |
|     Petroleum Equipment Institute |                                   |
|     Recommended Practice 200,     |                                   |
|     "Recommended Practices for    |                                   |
|     Installation of Aboveground   |                                   |
|     Storage Systems for Motor     |                                   |
|     Vehicle Fueling."             |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(iii\) Drainage of rainwater     |
|                                   | from the diked area into a storm  |
| \(c\) . . .                       | drain or an effluent discharge    |
|                                   | that empties into an open water   |
| \(3\) *Not allow* drainage of     | course, lake, or pond, and        |
| *uncontaminated* rainwater from   | bypassing the in-plant treatment  |
| the diked area into a storm drain | system may be acceptable if:      |
| or *discharge of an effluent into |                                   |
| an* open watercourse, lake, or    | \(A\) The bypass valve is         |
| pond, bypassing the *facility*    | normally sealed closed.           |
| treatment system *unless you*:    |                                   |
|                                   | \(B\) Inspection of the run-off   |
| \(i\) *Normally keep the bypass   | rain water ensures compliance     |
| valve* sealed closed.             | with applicable water quality     |
|                                   | standards and will not cause a    |
| \(ii\) *Inspect the* *retained    | harmful discharge as defined in   |
| rainwater to ensure that its      | 40 CFR part 110.                  |
| presence will not cause a         |                                   |
| discharge as described in         | \(C\) The bypass valve is opened, |
| §112.1(b).*                       | and resealed following drainage   |
|                                   | under responsible supervision.    |
| \(iii\) *Open the bypass valve    |                                   |
| and reseal it* following drainage | \(D\) Adequate records are kept   |
| under responsible supervision;    | of such events.                   |
| *and*                             |                                   |
|                                   | . . . . . . . . . . . . .         |
| \(iv\) *Keep adequate records of  |                                   |
| such events, for example, any     |                                   |
| records required under permits    |                                   |
| issued in accordance with         |                                   |
| §§122.41(j)(2) and 122.41(m)(3)   |                                   |
| of this chapter*.                 |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 73. [Relationship with NPDES      |                                   |
|     requirements]{.underline}:    |                                   |
|     The rule allows an owner or   |                                   |
|     operator may, if he chooses,  |                                   |
|     to use NPDES stormwater       |                                   |
|     discharge records in lieu of  |                                   |
|     records specifically created  |                                   |
|     for SPCC purposes. The NPDES  |                                   |
|     requirements are not          |                                   |
|     incorporated into the revised |                                   |
|     rule by reference.            |                                   |
|                                   |                                   |
| > This paragraph applies to       |                                   |
| > discharges of rainwater from    |                                   |
| > diked areas that may contain    |                                   |
| > any type of oil, including      |                                   |
| > animal fats and vegetable oils. |                                   |
| > The only purpose of this        |                                   |
| > paragraph is to offer a         |                                   |
| > recordkeeping option so that    |                                   |
| > the owner or operator does not  |                                   |
| > have to create a duplicate set  |                                   |
| > of records for SPCC purposes,   |                                   |
| > when adequate records created   |                                   |
| > for NPDES purposes already      |                                   |
| > exist.                          |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(c\) . . .                       | \(2\) . . .                       |
|                                   |                                   |
| \(4\) *Protect any completely*    | \(iv\) Buried metallic storage    |
| buried metallic storage *tank     | tanks represent a potential for   |
| installed on or after January 10, | undetected spills. A new buried   |
| 1974* from corrosion by coatings  | installation should be protected  |
| *or* cathodic *protection         | from corrosion by coatings,       |
| compatible* with local soil       | cathodic protection or other      |
| conditions. *You must regularly   | effective methods compatible with |
| leak test such completely buried  | local soil conditions. Such       |
| metallic storage tanks*.          | buried tanks should at least be   |
|                                   | subjected to regular pressure     |
| \(5\) *Not use* partially buried  | testing.                          |
| *or bunkered* metallic tanks for  |                                   |
| the storage of oil, unless *you   | \(v\) Partially buried metallic   |
| protect* the buried section *of   | tanks for the storage of oil      |
| the tank from corrosion*. *You    | should be avoided, unless the     |
| must protect partially buried and | buried section of the shell is    |
| bunkered tanks from corrosion by  | adequately coated, since partial  |
| coatings or cathodic protection   | burial in damp earth can cause    |
| compatible with local soil        | rapid corrosion of metallic       |
| conditions.*                      | surfaces, especially at the       |
|                                   | earth/air interface.              |
| . . . . . . . . . . . . .         |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 74. [Corrosion                    |                                   |
|     protection]{.underline}:      |                                   |
|     Although we believe that all  |                                   |
|     completely buried tanks       |                                   |
|     should have some type of      |                                   |
|     corrosion protection, we only |                                   |
|     extend that requirement to    |                                   |
|     new completely buried         |                                   |
|     metallic storage tanks.       |                                   |
|     Because corrosion protection  |                                   |
|     is a feature of the old rule  |                                   |
|     (see §112.7(e)(2)(iv)), the   |                                   |
|     requirement applies to        |                                   |
|     completely buried metallic    |                                   |
|     tanks installed on or after   |                                   |
|     January 10, 1974. The         |                                   |
|     requirement is enforceable    |                                   |
|     because it is a procedure or  |                                   |
|     method to prevent the         |                                   |
|     discharge of oil. See         |                                   |
|     §311(j)(1)(C) of the CWA.     |                                   |
|     Most owners or operators of   |                                   |
|     completely buried storage     |                                   |
|     tanks will be exempted from   |                                   |
|     part 112 under this rule      |                                   |
|     because such tanks are        |                                   |
|     subject to all of the         |                                   |
|     technical requirements of 40  |                                   |
|     CFR part 280 or a State       |                                   |
|     program approved under 40 CFR |                                   |
|     part 281. Those tanks subject |                                   |
|     to 40 CFR part 280 or a State |                                   |
|     program approved under 40 CFR |                                   |
|     part 281 will follow the      |                                   |
|     corrosion protection          |                                   |
|     provisions of that rule,      |                                   |
|     which provides comparable     |                                   |
|     environmental protection.     |                                   |
|     Those that remain subject to  |                                   |
|     the SPCC regulation must      |                                   |
|     comply with this paragraph.   |                                   |
|                                   |                                   |
| > The rule requires corrosion     |                                   |
| > protection for completely       |                                   |
| > buried metallic tanks by a      |                                   |
| > method compatible with local    |                                   |
| > soil conditions. Local soil     |                                   |
| > conditions might include fill   |                                   |
| > material. The method of such    |                                   |
| > corrosion protection is a       |                                   |
| > question of good engineering    |                                   |
| > practice, which will vary from  |                                   |
| > facility to facility. The owner |                                   |
| > or operator should monitor such |                                   |
| > corrosion protection for        |                                   |
| > effectiveness, in order to be   |                                   |
| > sure that the chosen method of  |                                   |
| > protection remains protective.  |                                   |
| > See §112.8(d)(1) for            |                                   |
| > information on corrosion        |                                   |
| > protection for buried piping.   |                                   |
|                                   |                                   |
| 75. [Leak testing]{.underline}:   |                                   |
|     The old SPCC rule contained a |                                   |
|     provision calling for the     |                                   |
|     "regular pressure testing" of |                                   |
|     buried metallic storage       |                                   |
|     tanks. The revised rule       |                                   |
|     requires that such buried     |                                   |
|     tanks be subject to regular   |                                   |
|     "leak testing." Leak testing  |                                   |
|     for purposes of this          |                                   |
|     paragraph is testing to       |                                   |
|     ensure liquid tightness of a  |                                   |
|     container and whether it may  |                                   |
|     discharge oil. We specify     |                                   |
|     leak testing, instead of      |                                   |
|     pressure testing, in order to |                                   |
|     be consistent with many State |                                   |
|     regulations and because the   |                                   |
|     technology on such testing    |                                   |
|     was rapidly evolving. Leak    |                                   |
|     testing is mandatory because  |                                   |
|     recommendations may not often |                                   |
|     be followed. Appropriate      |                                   |
|     methods of testing should be  |                                   |
|     selected based on good        |                                   |
|     engineering practice.         |                                   |
|     Whatever method and schedule  |                                   |
|     for testing the PE selects    |                                   |
|     must be described in the      |                                   |
|     Plan. Testing under the       |                                   |
|     standards set out in 40 CFR   |                                   |
|     part 280 or a State program   |                                   |
|     approved under 40 CFR part    |                                   |
|     281 is certainly acceptable   |                                   |
|     (as we suggested in the       |                                   |
|     proposed rule). "Regular      |                                   |
|     testing" means testing in     |                                   |
|     accordance with industry      |                                   |
|     standards or at a frequency   |                                   |
|     sufficient to prevent leaks.  |                                   |
|                                   |                                   |
| 76. [Requirement v.               |                                   |
|     recommendation]{.underline}:  |                                   |
|     Due to the risk of discharge  |                                   |
|     caused by corrosion, the      |                                   |
|     revised rule retains the old  |                                   |
|     requirement to not use        |                                   |
|     partially buried metallic     |                                   |
|     tanks, unless the buried      |                                   |
|     section of such tanks are     |                                   |
|     protected from corrosion. The |                                   |
|     requirement to not use such   |                                   |
|     tanks, unless they are        |                                   |
|     protected from corrosion,     |                                   |
|     applies to all partially      |                                   |
|     buried metallic tanks,        |                                   |
|     installed at any time.        |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | (e)(2)(vi) Aboveground tanks      |
|                                   | should be subject to periodic     |
| (c)(6) *Test each aboveground     | integrity testing, taking into    |
| container for integrity on a      | account tank design (floating     |
| regular schedule, and whenever    | roof, etc.) and using such        |
| you make material repairs. The    | techniques as hydrostatic         |
| frequency of and type of testing  | testing, visual inspection or a   |
| must take into account container  | system of non-destructive shell   |
| size and design (such as floating | thickness testing. Comparison     |
| roof, skid-mounted, elevated, or  | records should be kept where      |
| partially buried). You* **must    | appropriate, and tank supports    |
| combine** *visual inspection with | and foundations should be         |
| another testing technique such    | included in these inspections. In |
| as* hydrostatic testing*,         | addition, the outside of the tank |
| radiographic testing, ultrasonic  | should frequently be observed by  |
| testing, acoustic emissions       | operating personnel for signs of  |
| testing, or another system of     | deterioration, leaks which might  |
| non-destructive shell testing.    | cause a spill, or accumulation of |
| You must keep* *comparison        | oil inside diked areas.           |
| 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 will suffice   |                                   |
| for purposes of this paragraph*.  |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 77. [10-year integrity testing,   |                                   |
|     in general]{.underline}:      |                                   |
|     Integrity testing is a        |                                   |
|     necessary component of any    |                                   |
|     good prevention plan. The     |                                   |
|     revised rule continues to     |                                   |
|     emphasize adherence to        |                                   |
|     industry standards, rather    |                                   |
|     than prescribing a particular |                                   |
|     period for testing. Industry  |                                   |
|     standards may at times be     |                                   |
|     more specific and more        |                                   |
|     stringent than the rule. For  |                                   |
|     example, API Standard 653     |                                   |
|     provides specific criteria    |                                   |
|     for internal inspection       |                                   |
|     frequencies based on the      |                                   |
|     calculated corrosion rate,    |                                   |
|     rather than an arbitrary time |                                   |
|     period. API Standard 653      |                                   |
|     allows the aboveground        |                                   |
|     storage tank (AST) owner or   |                                   |
|     operator the flexibility to   |                                   |
|     implement a number of options |                                   |
|     to identify and prevent       |                                   |
|     problems that ultimately lead |                                   |
|     to a loss of tank integrity.  |                                   |
|     It establishes a minimum and  |                                   |
|     maximum interval between      |                                   |
|     internal inspections. It      |                                   |
|     requires an internal AST      |                                   |
|     inspection when the estimated |                                   |
|     corrosion rate indicates the  |                                   |
|     bottom will have corroded to  |                                   |
|     0.1 inches. Certain           |                                   |
|     prevention measures taken to  |                                   |
|     prevent a discharge from the  |                                   |
|     tank bottom may affect this   |                                   |
|     action level (thickness).     |                                   |
|     Once this point has been      |                                   |
|     reached, the owner or         |                                   |
|     operator has to make a        |                                   |
|     decision, depending on the    |                                   |
|     future service and operating  |                                   |
|     environment of the tank, to   |                                   |
|     either replace the whole      |                                   |
|     tank, line the bottom, add    |                                   |
|     cathodic protection, replace  |                                   |
|     the tank bottom with a new    |                                   |
|     bottom, add a release         |                                   |
|     prevention barrier, or some   |                                   |
|     combination of the above.     |                                   |
|                                   |                                   |
| > Another benefit from the use of |                                   |
| > industry standards is that they |                                   |
| > specify when and where specific |                                   |
| > tests may and may not be used.  |                                   |
| > For example, API Standard 653   |                                   |
| > is very specific as to when     |                                   |
| > radiographic tests may be used  |                                   |
| > and when a full hydrostatic     |                                   |
| > test is required after shell    |                                   |
| > repairs. Depending on shell     |                                   |
| > material toughness and          |                                   |
| > thickness a full hydrotest is   |                                   |
| > required for certain shell      |                                   |
| > repairs. Allowing a visual      |                                   |
| > inspection in these cases risks |                                   |
| > a tank failure similar to the   |                                   |
| > 1988 Floreffe, Pennsylvania     |                                   |
| > event. Testing on a "regular    |                                   |
| > schedule" means testing per     |                                   |
| > industry standards or at a      |                                   |
| > frequency sufficient to prevent |                                   |
| > discharges. Whatever schedule   |                                   |
| > the PE selects must be          |                                   |
| > documented in the Plan.         |                                   |
|                                   |                                   |
| 78. [Applicability of integrity   |                                   |
|     testing]{.underline}:         |                                   |
|     Integrity testing is          |                                   |
|     essential for all aboveground |                                   |
|     containers, to help prevent   |                                   |
|     discharges. Testing will show |                                   |
|     whether corrosion has reached |                                   |
|     a point where repairs or      |                                   |
|     replacement of the container  |                                   |
|     is needed. Prevention of      |                                   |
|     discharges is preferable to   |                                   |
|     cleaning them up afterwards.  |                                   |
|     Integrity testing applies to  |                                   |
|     large and small containers,   |                                   |
|     containers on and off the     |                                   |
|     ground wherever located, and  |                                   |
|     to containers storing any     |                                   |
|     type of oil. From all of      |                                   |
|     these containers there exists |                                   |
|     the possibility of discharge. |                                   |
|                                   |                                   |
| > Because electrical, operating,  |                                   |
| > and manufacturing equipment are |                                   |
| > not bulk storage containers,    |                                   |
| > the requirement is inapplicable |                                   |
| > to those devices or equipment.  |                                   |
| > Also, methods may not exist for |                                   |
| > integrity testing of such       |                                   |
| > devices or equipment.           |                                   |
|                                   |                                   |
| 79. [Material                     |                                   |
|     repairs]{.underline}: The     |                                   |
|     rationale for testing at the  |                                   |
|     time material repairs are     |                                   |
|     conducted is that such        |                                   |
|     repairs could materially      |                                   |
|     increase the potential for    |                                   |
|     oil to be discharged from the |                                   |
|     tank. Examples of such        |                                   |
|     repairs include removing or   |                                   |
|     replacing the annular plate   |                                   |
|     ring; replacement of the      |                                   |
|     container bottom; jacking of  |                                   |
|     a container shell;            |                                   |
|     installation of a 12-inch or  |                                   |
|     larger nozzle in the shell; a |                                   |
|     door sheet, tombstone         |                                   |
|     replacement in the shell, or  |                                   |
|     other shell repair; or, such  |                                   |
|     repairs that might materially |                                   |
|     change the potential for oil  |                                   |
|     to be discharged from the     |                                   |
|     container.                    |                                   |
|                                   |                                   |
| 80. [Method of                    |                                   |
|     testing]{.underline}: The     |                                   |
|     rule requires visual testing  |                                   |
|     in conjunction with another   |                                   |
|     method of testing, because    |                                   |
|     visual testing alone is       |                                   |
|     normally insufficient to      |                                   |
|     measure the integrity of a    |                                   |
|     container. Visual testing     |                                   |
|     alone might not detect        |                                   |
|     problems which could lead to  |                                   |
|     container failure. For        |                                   |
|     example, studies of the 1988  |                                   |
|     Ashland oil spill suggest     |                                   |
|     that the tank collapse        |                                   |
|     resulted from a brittle       |                                   |
|     fracture in the shell of the  |                                   |
|     tank. Adequate fracture       |                                   |
|     toughness of the base metal   |                                   |
|     of existing tanks is an       |                                   |
|     important consideration in    |                                   |
|     discharge prevention,         |                                   |
|     especially in cold weather.   |                                   |
|     Although no definitive        |                                   |
|     non-destructive test exists   |                                   |
|     for testing fracture          |                                   |
|     toughness, had the tank been  |                                   |
|     evaluated for brittle         |                                   |
|     fracture, for example under   |                                   |
|     API Standard 653, and had the |                                   |
|     evaluation shown that the     |                                   |
|     tank was at risk for brittle  |                                   |
|     fracture, the owner or        |                                   |
|     operator could have taken     |                                   |
|     measures to repair or modify  |                                   |
|     the tank's operation to       |                                   |
|     prevent failure.              |                                   |
|                                   |                                   |
| > For certain smaller, shop-built |                                   |
| > containers in which internal    |                                   |
| > corrosion poses minimal risk of |                                   |
| > failure; which are inspected at |                                   |
| > least monthly; and, for which   |                                   |
| > all sides are visible (i.e.,    |                                   |
| > the container has no contact    |                                   |
| > with the ground), visual        |                                   |
| > inspection alone might suffice, |                                   |
| > subject to good engineering     |                                   |
| > practice. In such case the      |                                   |
| > owner or operator must explain  |                                   |
| > in the Plan why visual          |                                   |
| > integrity testing alone is      |                                   |
| > sufficient, and provide         |                                   |
| > equivalent environmental        |                                   |
| > protection. Containers that are |                                   |
| > in contact with the ground must |                                   |
| > be evaluated for integrity in   |                                   |
| > accordance with industry        |                                   |
| > standards and good engineering  |                                   |
| > practice.                       |                                   |
|                                   |                                   |
| 81. [Business                     |                                   |
|     records]{.underline}: An      |                                   |
|     owner or operator may use     |                                   |
|     usual and customary business  |                                   |
|     records, at his option, for   |                                   |
|     purposes of integrity testing |                                   |
|     recordkeeping. Specifically,  |                                   |
|     an owner or operator may use  |                                   |
|     records maintained under API  |                                   |
|     Standards 653 and 2610 for    |                                   |
|     purposes of this section, if  |                                   |
|     he chooses. Other usual and   |                                   |
|     customary business records,   |                                   |
|     either existing or to be      |                                   |
|     developed in the future, may  |                                   |
|     also suffice. Or, an owner or |                                   |
|     operator may elect to keep    |                                   |
|     separate records for SPCC     |                                   |
|     purposes. This section        |                                   |
|     requires an owner or operator |                                   |
|     to keep comparison records.   |                                   |
|     Section 112.7(e) requires     |                                   |
|     retention of these records    |                                   |
|     for three years. We note,     |                                   |
|     however, that certain         |                                   |
|     industry standards (for       |                                   |
|     example, API Standards 570    |                                   |
|     and 653) may specify that an  |                                   |
|     owner or operator maintain    |                                   |
|     records for longer than three |                                   |
|     years.                        |                                   |
|                                   |                                   |
| 82. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with integrity testing        |                                   |
|     include: (1) API Standard     |                                   |
|     653, "Tank Inspection,        |                                   |
|     Repair, Alteration, and       |                                   |
|     Reconstruction"; (2) API      |                                   |
|     Recommended Practice 575,     |                                   |
|     "Inspection of Atmospheric    |                                   |
|     and Low-Pressure Tanks;"      |                                   |
|     and, (3) Steel Tank Institute |                                   |
|     Standard SP001-00, "Standard  |                                   |
|     for Inspection of In-Service  |                                   |
|     Shop Fabricated Aboveground   |                                   |
|     Tanks for Storage of          |                                   |
|     Combustible and Flammable     |                                   |
|     Liquids."                     |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(c\) . . .                       | \(2\) . . .                       |
|                                   |                                   |
| \(7\) *Control leakage through    | \(vii\) To control leakage        |
| defective internal heating coils  | through defective internal        |
| by monitoring the steam return    | heating coils, the following      |
| and exhaust lines for             | factors should be considered and  |
| contamination from internal       | applied, as appropriate.          |
| heating coils that discharge into |                                   |
| an open watercourse, or pass the  | \(A\) The steam return or exhaust |
| steam return or exhaust lines     | lines from internal heating coils |
| through a settling tank, skimmer, | which discharge into an open      |
| or other separation or retention  | water course should be monitored  |
| system.*                          | for contamination, or passed      |
|                                   | through a settling tank, skimmer, |
| . . . . . . . . . . . . .         | or other separation or retention  |
|                                   | system.                           |
|                                   |                                   |
|                                   | \(B\) The feasibility of          |
|                                   | installing an external heating    |
|                                   | system should also be considered. |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 83. [Flexibility]{.underline}:    |                                   |
|     The rule does not mandate the |                                   |
|     use of any specific           |                                   |
|     separation or retention       |                                   |
|     system. Any system that       |                                   |
|     achieves the purpose of the   |                                   |
|     rule is acceptable. That      |                                   |
|     purpose is to prevent         |                                   |
|     discharges as described in    |                                   |
|     §112.1(b) by controlling      |                                   |
|     leakage.                      |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| > Sec.112.8 Spill Prevention,     | Sec.112.7 General requirements    |
| > Control, and Countermeasure     | for Spill Prevention, Control,    |
| > Plan requirements for onshore   | and Countermeasure Plans.         |
| > facilities (excluding           |                                   |
| > production facilities).         | . . . . . . . . . . . . .         |
| >                                 |                                   |
| > . . . . . . . . . . . . .       | \(e\) . . .                       |
|                                   |                                   |
| \(c\) . . .                       | \(2\) . . .                       |
|                                   |                                   |
| \(8\) *Engineer or update each    | \(viii\) New and old tank         |
| container installation in         | installations should, as far as   |
| accordance with good engineering  | practical, be fail-safe           |
| practice to avoid discharges. You | engineered or updated into a      |
| must provide at least* one of the | fail-safe engineered installation |
| following devices:                | to avoid spills. Consideration    |
|                                   | should be given to providing one  |
| > \(i\) High liquid level alarms  | or more of the following devices: |
| > with an audible or visual       |                                   |
| > signal at a constantly          | \(A\) High liquid level alarms    |
| > *attended* operation or         | with an audible or visual signal  |
| > surveillance station. In        | at a constantly manned operation  |
| > smaller facilities an audible   | or surveillance station; in       |
| > air vent may suffice.           | smaller plants an audible air     |
| >                                 | vent may suffice.                 |
| > *(ii) High* liquid level pump   |                                   |
| > cutoff devices set to stop flow | \(B\) Considering size and        |
| > at a predetermined container    | complexity of the facility, high  |
| > content level.                  | liquid level pump cutoff devices  |
| >                                 | set to stop flow at a             |
| > \(iii\) Direct audible or code  | predetermined tank content level. |
| > signal communication between    |                                   |
| > the *container* gauger and the  | \(C\) Direct audible or code      |
| > pumping station.                | signal communication between the  |
| >                                 | tank gauger and the pumping       |
| > \(iv\) A fast response system   | station.                          |
| > for determining the liquid      |                                   |
| > level of each bulk storage      | \(D\) A fast response system for  |
| > *container* such as digital     | determining the liquid level of   |
| > computers, telepulse, or direct | each bulk storage tank such as    |
| > vision gauges. **If you use     | digital computers, telepulse, or  |
| > this alternative, a person must | direct vision gauges or their     |
| > be present to monitor gauges    | equivalent.                       |
| > and the overall filling of bulk |                                   |
| > storage containers.**           | \(E\) Liquid level sensing        |
| >                                 | devices should be regularly       |
| > \(v\) *You must regularly test* | tested to insure proper           |
| > liquid level sensing *devices   | operation.                        |
| > to ensure* proper operation.    |                                   |
| >                                 | . . . . . . . . . . . . .         |
| > . . . . . . . . . . . . .       |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 84. [Applicability]{.underline}:  |                                   |
|     Alarm system devices are      |                                   |
|     necessary for all facilities, |                                   |
|     large or small, to prevent    |                                   |
|     discharges. Such systems      |                                   |
|     alert the owner or operator   |                                   |
|     to potential container        |                                   |
|     overfills, which are a common |                                   |
|     cause of discharges. This was |                                   |
|     also a requirement of the old |                                   |
|     rule.                         |                                   |
|                                   |                                   |
| 85. [Monitoring]{.underline}: A   |                                   |
|     person must be present to     |                                   |
|     monitor a fast response       |                                   |
|     system to prevent overfills   |                                   |
|     and have amended the rule     |                                   |
|     accordingly. The requirement  |                                   |
|     for alarm devices still       |                                   |
|     applies when a person is      |                                   |
|     present, because human error, |                                   |
|     negligence, on inattention    |                                   |
|     may still occur in those      |                                   |
|     cases, necessitating some     |                                   |
|     kind of alarm device.         |                                   |
|                                   |                                   |
| 86. [Alternatives]{.underline}:   |                                   |
|     Under the deviation rule at   |                                   |
|     §112.7(a)(2), an owner or     |                                   |
|     operator may substitute       |                                   |
|     "procedures" or other         |                                   |
|     measures that provide         |                                   |
|     equivalent environmental      |                                   |
|     protection as any of the      |                                   |
|     alarm systems mandated in the |                                   |
|     rule if he can explain their  |                                   |
|     reasons for nonconformance.   |                                   |
|                                   |                                   |
| 87. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with alarm systems, discharge |                                   |
|     prevention systems, and       |                                   |
|     inventory control             |                                   |
|     include: (1) NFPA 30,         |                                   |
|     "Flammable and Combustible    |                                   |
|     Liquids Code"; (2) API        |                                   |
|     Recommended Practice 2350,    |                                   |
|     "Overfill Protection for      |                                   |
|     Storage Tanks in Petroleum    |                                   |
|     Facilities"; and, (3) API,    |                                   |
|     "Manual of Petroleum          |                                   |
|     Measurement Standards."       |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(c\) . . .                       | \(2\) . . .                       |
|                                   |                                   |
| \(9\) *Observe effluent treatment | \(ix\) Plant effluents which are  |
| facilities frequently enough to   | discharged into navigable waters  |
| detect possible system upsets     | should have disposal facilities   |
| that could cause a discharge as   | observed frequently enough to     |
| described in §112.1(b).*          | detect possible system upsets     |
|                                   | that could cause an oil spill     |
| \(10\) *Promptly correct visible  | event.                            |
| discharges which result in a loss |                                   |
| of oil from the container,        | \(x\) Visible oil leaks which     |
| including but not limited to      | result in a loss of oil from tank |
| seams*, gaskets, *piping, pumps,  | seams, gaskets, rivets and bolts  |
| valves*, rivets, and bolts. *You  | sufficiently large to cause the   |
| must promptly remove any          | accumulation of oil in diked      |
| accumulations of oil in diked     | areas should be promptly          |
| areas.*                           | corrected.                        |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 88. [Applicability]{.underline}:  |                                   |
|     All facilities, large and     |                                   |
|     small, are required to clean  |                                   |
|     up an accumulation of oil.    |                                   |
|     The damage to the environment |                                   |
|     may be the same, depending on |                                   |
|     the amount discharged.        |                                   |
|                                   |                                   |
| 89. [Extent of and methods of     |                                   |
|     cleanup]{.underline}:         |                                   |
|     Prevention of contamination   |                                   |
|     is always the preferred       |                                   |
|     option. If an owner or        |                                   |
|     operator chooses, he may      |                                   |
|     spread plastic film over the  |                                   |
|     diked area if it will prevent |                                   |
|     the occurrence of an          |                                   |
|     accumulation of oil. Of       |                                   |
|     course, he must then dispose  |                                   |
|     of the film properly. Where a |                                   |
|     discharge creates a risk of   |                                   |
|     fire or explosion, the first  |                                   |
|     priority should be to         |                                   |
|     eliminate such threat before  |                                   |
|     undertaking cleanup. But once |                                   |
|     that threat is removed,       |                                   |
|     correction of the source of   |                                   |
|     the discharge and cleanup     |                                   |
|     must begin promptly. No       |                                   |
|     matter what method of cleanup |                                   |
|     an owner or operator chooses, |                                   |
|     he must completely remove the |                                   |
|     accumulation of oil. Any      |                                   |
|     method that works and         |                                   |
|     complies with all other       |                                   |
|     applicable laws and           |                                   |
|     regulations is acceptable.    |                                   |
|     Bioremediation may be one     |                                   |
|     acceptable method of cleanup. |                                   |
|     Acceptable methods will       |                                   |
|     depend on weather and other   |                                   |
|     environmental conditions. We  |                                   |
|     do not mean to limit cleanup  |                                   |
|     methods, which will depend on |                                   |
|     good engineering practice. If |                                   |
|     the cleanup method the owner  |                                   |
|     or operator chooses would     |                                   |
|     undermine the stability of    |                                   |
|     the dike, the owner or        |                                   |
|     operator must repair the dike |                                   |
|     to its previous condition.    |                                   |
|                                   |                                   |
| 90. [Prompt removal]{.underline}: |                                   |
|     We have not adopted a         |                                   |
|     specific time frame for       |                                   |
|     "prompt removal" of           |                                   |
|     accumulations of oil. Such a  |                                   |
|     time frame could preclude     |                                   |
|     bioremediation. Under certain |                                   |
|     circumstances, such a limit   |                                   |
|     might also jeopardize worker  |                                   |
|     health and safety. "Prompt"   |                                   |
|     removal means beginning the   |                                   |
|     cleanup of any accumulation   |                                   |
|     of oil immediately after      |                                   |
|     discovery of the discharge,   |                                   |
|     or immediately after any      |                                   |
|     actions to prevent fire or    |                                   |
|     explosion or other threats to |                                   |
|     worker health and safety, but |                                   |
|     such actions may not be used  |                                   |
|     to unreasonably delay such    |                                   |
|     efforts. The size of the      |                                   |
|     accumulation is irrelevant,   |                                   |
|     as any accumulation may       |                                   |
|     migrate to navigable waters   |                                   |
|     or adjoining shorelines.      |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(c\) . . .                       | \(2\) . . .                       |
|                                   |                                   |
| \(11\) *Position or locate mobile | \(xi\) Mobile or portable oil     |
| or portable oil storage           | storage tanks (onshore) should be |
| containers to prevent a discharge | positioned or located so as to    |
| as described in §112.1(b). You    | prevent spilled oil from reaching |
| must furnish a* secondary means   | navigable waters. A secondary     |
| of containment, such as *a dike   | means of containment, such as     |
| or catchment basin, sufficient to | dikes or catchment basins, should |
| contain the capacity of the*      | be furnished for the largest      |
| largest single compartment or     | single compartment or tank. These |
| *container* **with sufficient     | facilities should be located      |
| freeboard to contain              | where they will not be subject to |
| precipitation***.*                | periodic flooding or washout.     |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 91. [Scope of discharge           |                                   |
|     prevention]{.underline}: The  |                                   |
|     purpose of the rule is to     |                                   |
|     prevent discharges from       |                                   |
|     becoming discharges as        |                                   |
|     described in §112.1(b).       |                                   |
|     Therefore, we modified the    |                                   |
|     rule to require positioning   |                                   |
|     or locating mobile or         |                                   |
|     portable containers to        |                                   |
|     prevent "a discharge as       |                                   |
|     described in §112.1(b),"      |                                   |
|     rather than "oil discharges." |                                   |
|     "A discharge as described in  |                                   |
|     §112.1(b)" is a more          |                                   |
|     inclusive term, tracking the  |                                   |
|     expanded scope of the amended |                                   |
|     CWA.                          |                                   |
|                                   |                                   |
| 92. [Time limits]{.underline}: We |                                   |
|     do not place a time           |                                   |
|     limitation in the definition  |                                   |
|     of mobile or portable         |                                   |
|     containers. Mobile or         |                                   |
|     portable containers may be in |                                   |
|     place for more than ten days  |                                   |
|     and still be mobile. Mobile   |                                   |
|     containers that are in place  |                                   |
|     for less than 10 days may     |                                   |
|     still experience a discharge  |                                   |
|     as described in §112.1(b).    |                                   |
|                                   |                                   |
| 93. [Secondary                    |                                   |
|     containment]{.underline}: The |                                   |
|     revised rule maintains the    |                                   |
|     secondary containment         |                                   |
|     requirement, because          |                                   |
|     secondary containment is      |                                   |
|     necessary for mobile          |                                   |
|     containers for the same       |                                   |
|     reason that it is necessary   |                                   |
|     for fixed containers; to      |                                   |
|     prevent discharges from       |                                   |
|     becoming discharges as        |                                   |
|     described in §112.1(b).       |                                   |
|     Secondary containment must    |                                   |
|     also be designed so that      |                                   |
|     there is ample freeboard for  |                                   |
|     anticipated precipitation. We |                                   |
|     have therefore amended the    |                                   |
|     rule to provide for           |                                   |
|     freeboard. Freeboard          |                                   |
|     sufficient to contain         |                                   |
|     precipitation is freeboard    |                                   |
|     according to industry         |                                   |
|     standards, or in an amount    |                                   |
|     that will avert a discharge   |                                   |
|     as described in §112.1(b).    |                                   |
|     Should secondary containment  |                                   |
|     not be practicable, an owner  |                                   |
|     or operator may be able to    |                                   |
|     deviate from the requirement  |                                   |
|     under §112.7(d).              |                                   |
|                                   |                                   |
| > We clarify that the secondary   |                                   |
| > containment requirement relates |                                   |
| > to the capacity of the largest  |                                   |
| > single compartment or           |                                   |
| > container. Permanently          |                                   |
| > manifolded tanks are tanks that |                                   |
| > are designed, installed, or     |                                   |
| > operated in such a manner that  |                                   |
| > the multiple containers         |                                   |
| > function as a single storage    |                                   |
| > unit. Containers that are       |                                   |
| > permanently manifolded together |                                   |
| > may count as the "largest       |                                   |
| > single compartment," as         |                                   |
| > referenced in the rule.         |                                   |
|                                   |                                   |
| 94. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with secondary containment    |                                   |
|     for mobile containers         |                                   |
|     include: (1) NFPA 30,         |                                   |
|     "Flammable and Combustible    |                                   |
|     Liquids Code"; and, (2) BOCA, |                                   |
|     "National Fire Prevention     |                                   |
|     Code."                        |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(d\) [*Facility transfer         | (3)[Facility transfer operations, |
| operations, pumping, and facility | pumping, and in-plant process     |
| process*.]{.underline}            | (onshore); (excluding production  |
|                                   | facilities).]{.underline}         |
| \(1\) *Provide buried piping that |                                   |
| is installed* **or replaced on or | \(i\) Buried piping installations |
| after August 16, 2002** *with* a  | should have a protective wrapping |
| protective wrapping and coating.  | and coating and should be         |
| *You must also cathodically       | cathodically protected if soil    |
| protect such buried piping        | conditions warrant. If a section  |
| installations* **or otherwise     | of buried line is exposed for any |
| satisfy the corrosion protection  | reason, it should be carefully    |
| standards for piping in part 280  | examined for deterioration. If    |
| of this chapter or a State        | corrosion damage is found,        |
| program approved under part 281   | additional examination and        |
| of this chapter.** **If a section | corrective action should be taken |
| of buried line is exposed for any | as indicated by the magnitude of  |
| reason, you must carefully        | the damage. An alternative would  |
| inspect it for deterioration.**   | be the more frequent use of       |
| If *you find corrosion damage,    | exposed pipe corridors or         |
| you must undertake* additional    | galleries.                        |
| examination and corrective action |                                   |
| as indicated by the magnitude of  | . . . . . . . . . . . . .         |
| the damage.                       |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 95. [Corrosion                    |                                   |
|     protection]{.underline}:      |                                   |
|     Based on EPA experience, we   |                                   |
|     believe that all soil         |                                   |
|     conditions warrant protection |                                   |
|     of new and replaced buried    |                                   |
|     piping. EPA's "cause of       |                                   |
|     release" study indicates that |                                   |
|     the operational piping        |                                   |
|     portion of an underground     |                                   |
|     storage tank system is twice  |                                   |
|     as likely as the tank portion |                                   |
|     to be the source of a         |                                   |
|     discharge. Piping failures    |                                   |
|     are caused equally by poor    |                                   |
|     workmanship and corrosion.    |                                   |
|     Metal areas made active by    |                                   |
|     threading have a high         |                                   |
|     propensity to corrode if not  |                                   |
|     coated and cathodically       |                                   |
|     protected. See 53 FR 37082,   |                                   |
|     37127, September 23, 1988;    |                                   |
|     and "Causes of Release from   |                                   |
|     US Systems," September 1987,  |                                   |
|     EPA 510-R-92-702. If the      |                                   |
|     owner or operator decides to  |                                   |
|     deviate from the requirement, |                                   |
|     for example, to provide an    |                                   |
|     alternate means of protection |                                   |
|     other than coating or         |                                   |
|     cathodic protection, the      |                                   |
|     owner or operator may do so,  |                                   |
|     but must explain their        |                                   |
|     reasons for nonconformance,   |                                   |
|     and demonstrate that the      |                                   |
|     owner or operator is          |                                   |
|     providing equivalent          |                                   |
|     environmental protection. A   |                                   |
|     deviation which seeks to      |                                   |
|     avoid coating or cathodic     |                                   |
|     protection, or some alternate |                                   |
|     means of buried piping        |                                   |
|     protection, on the grounds    |                                   |
|     that the soil is somehow      |                                   |
|     incompatible with such        |                                   |
|     measure(s), will not be       |                                   |
|     acceptable to EPA.            |                                   |
|                                   |                                   |
| > A "new" or "replaced" buried    |                                   |
| > piping installation is one that |                                   |
| > is installed 30 days or more    |                                   |
| > after the date of publication   |                                   |
| > of this rule in the Federal     |                                   |
| > Register. Under the old rule,   |                                   |
| > an owner or operator had an     |                                   |
| > obligation to provide buried    |                                   |
| > piping installations with       |                                   |
| > protective wrapping and coating |                                   |
| > only if soil conditions warrant |                                   |
| > such measures. Under the        |                                   |
| > revised rule, an owner or       |                                   |
| > operator must provide such      |                                   |
| > wrapping and coating for new or |                                   |
| > replaced buried piping          |                                   |
| > installations regardless of     |                                   |
| > soil conditions.                |                                   |
| >                                 |                                   |
| > An owner or operator should     |                                   |
| > consult a corrosion             |                                   |
| > professional before design,     |                                   |
| > installation, or repair of any  |                                   |
| > corrosion protection system.    |                                   |
| > Any corrosion protection should |                                   |
| > be installed according to       |                                   |
| > relevant industry standards.    |                                   |
| > When piping is replaced, the    |                                   |
| > owner or operator must protect  |                                   |
| > from corrosion only the         |                                   |
| > replaced section, although      |                                   |
| > protection of the entire line   |                                   |
| > whenever possible is            |                                   |
| > preferable. Equipping only a    |                                   |
| > small portion of piping with    |                                   |
| > corrosion protection may        |                                   |
| > accelerate corrosion rates on   |                                   |
| > connected unprotected piping.   |                                   |
| > While corrosion protection      |                                   |
| > might not prevent all           |                                   |
| > discharges from buried piping,  |                                   |
| > it is an important measure      |                                   |
| > because it will help to prevent |                                   |
| > most discharges.                |                                   |
| >                                 |                                   |
| > Double-walled piping or         |                                   |
| > secondary containment or        |                                   |
| > sensitive leak detection for    |                                   |
| > buried piping may be acceptable |                                   |
| > as a deviation from the         |                                   |
| > requirements of this paragraph  |                                   |
| > under §112.7(a)(2), if the      |                                   |
| > owner or operator explains the  |                                   |
| > reasons for nonconformance with |                                   |
| > the requirement and shows that  |                                   |
| > the means the owner or operator |                                   |
| > selected provides equivalent    |                                   |
| > environmental protection to the |                                   |
| > requirement.                    |                                   |
| >                                 |                                   |
| > We note that some buried piping |                                   |
| > now subject to part 112 will be |                                   |
| > subject only to 40 CFR part 280 |                                   |
| > or a State program approved     |                                   |
| > under 40 CFR part 281 under     |                                   |
| > this rule. See §112.1(d)(4).    |                                   |
|                                   |                                   |
| 96. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with corrosion protection for |                                   |
|     buried piping installations   |                                   |
|     include: (1) National         |                                   |
|     Association of Corrosion      |                                   |
|     Engineers (NACE) Recommended  |                                   |
|     Practice-0169, "Control of    |                                   |
|     External Corrosion on         |                                   |
|     Underground or Submerged      |                                   |
|     Metallic Piping Systems";     |                                   |
|     and, (2) STI Recommended      |                                   |
|     Practice 892, "Recommended    |                                   |
|     Practice for Corrosion        |                                   |
|     Protection of Underground     |                                   |
|     Piping Networks Associated    |                                   |
|     with Liquid Storage and       |                                   |
|     Dispensing Systems."          |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(d\) . . .                       | \(3\) . . .                       |
|                                   |                                   |
| \(2\) *Cap or blank-flange the    | \(ii\) When a pipeline is not in  |
| terminal connection at the        | service, or in standby service    |
| transfer point and mark it as to  | for an extended time the terminal |
| origin when piping is not in      | connection at the transfer point  |
| service or is in standby service  | should be capped or               |
| for an extended time.*            | blank-flanged, and marked as to   |
|                                   | origin.                           |
| \(3\) *Properly design pipe       |                                   |
| supports* to minimize abrasion    | \(iii\) Pipe supports should be   |
| and corrosion and allow for       | properly designed to minimize     |
| expansion and contraction.        | abrasion and corrosion and allow  |
|                                   | for expansion and contraction.    |
| . . . . . . . . . . . . .         |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 97. [Extended time]{.underline}:  |                                   |
|     The revised rule keeps a      |                                   |
|     standard of requiring capping |                                   |
|     or blank-flanging terminal    |                                   |
|     connections when such piping  |                                   |
|     is not in service or is in    |                                   |
|     standby for an extended time, |                                   |
|     in order to maintain          |                                   |
|     flexibility for variable      |                                   |
|     facilities and engineering    |                                   |
|     conditions. We define "an     |                                   |
|     extended time" in reference   |                                   |
|     to industry standards or at a |                                   |
|     frequency sufficient to       |                                   |
|     prevent discharges.           |                                   |
|                                   |                                   |
| 98. [Applicability]{.underline}:  |                                   |
|     We believe that the           |                                   |
|     requirement should apply to   |                                   |
|     piping that is not in standby |                                   |
|     service because some          |                                   |
|     discharges may be caused by   |                                   |
|     loading or unloading oil      |                                   |
|     through the wrong piping or   |                                   |
|     turning the wrong valve when  |                                   |
|     the piping in question was    |                                   |
|     actually out-of-service.      |                                   |
|     Typically, piping that is in  |                                   |
|     standby service is only       |                                   |
|     needed in emergency           |                                   |
|     situations or when there is   |                                   |
|     an operational problem. In    |                                   |
|     the rare situations when such |                                   |
|     piping is needed immediately, |                                   |
|     the owner or operator may     |                                   |
|     remove the cap or             |                                   |
|     blank-flange to return the    |                                   |
|     piping to service.            |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(d\) . . .                       | \(3\) . . .                       |
|                                   |                                   |
| \(4\) *Regularly inspect all      | \(iv\) All aboveground valves and |
| aboveground valves, piping, and   | pipelines should be subjected to  |
| appurtenances. During the         | regular examinations by operating |
| inspection you must assess the*   | personnel at which time the       |
| general condition of items, such  | general condition of items, such  |
| as flange joints, expansion       | as flange joints, expansion       |
| joints, valve glands and bodies,  | joints, valve glands and bodies,  |
| catch pans, pipeline supports,    | catch pans, pipeline supports,    |
| locking of valves, and metal      | locking of valves, and metal      |
| surfaces. **You must also conduct | surfaces should be assessed. In   |
| integrity and leak testing of     | addition, periodic pressure       |
| buried piping at the time of      | testing may be warranted for      |
| installation, modification,       | piping in areas where facility    |
| construction, relocation, or      | drainage is such that a failure   |
| replacement.**                    | might lead to a spill event.      |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 99. [Monthly inspection of        |                                   |
|     aboveground valves, piping,   |                                   |
|     and                           |                                   |
|     appurtenances]{.underline}*:* |                                   |
|     The rule requires inspection  |                                   |
|     of aboveground valves,        |                                   |
|     piping, and appurtenances to  |                                   |
|     help prevent discharges. Such |                                   |
|     valves, piping, and           |                                   |
|     appurtenances often are       |                                   |
|     located outside of secondary  |                                   |
|     containment systems, and      |                                   |
|     often do not have double-wall |                                   |
|     protection or some form of    |                                   |
|     secondary containment         |                                   |
|     themselves. Therefore, any    |                                   |
|     discharge from such valves,   |                                   |
|     piping, and appurtenances is  |                                   |
|     more likely to become a       |                                   |
|     discharge as described in     |                                   |
|     §112.1(b). Examination of     |                                   |
|     discharge reports from the    |                                   |
|     Emergency Response            |                                   |
|     Notification System (ERNS)    |                                   |
|     shows that discharges from    |                                   |
|     such valves, piping, and      |                                   |
|     appurtenances are much more   |                                   |
|     common than catastrophic tank |                                   |
|     failure or discharges from    |                                   |
|     tanks. The requirement must   |                                   |
|     be applicable to large and    |                                   |
|     small facilities covered by   |                                   |
|     this section, because they    |                                   |
|     all pose the same threat of   |                                   |
|     discharge.                    |                                   |
|                                   |                                   |
| > "Regular" inspections are       |                                   |
| > inspections conducted "in       |                                   |
| > accordance with accepted        |                                   |
| > industry standards." An owner   |                                   |
| > or operator must include        |                                   |
| > appurtenances in the            |                                   |
| > inspection. Inspections may be  |                                   |
| > either visual or by other       |                                   |
| > means, including pressure       |                                   |
| > testing. However, we do not     |                                   |
| > require pressure testing or any |                                   |
| > other specific method. We       |                                   |
| > believe that, subject to good   |                                   |
| > engineering practice, pressure  |                                   |
| > testing every three or four     |                                   |
| > years may be warranted in       |                                   |
| > addition to regular inspection  |                                   |
| > of aboveground valves, piping,  |                                   |
| > and appurtenances. However, we  |                                   |
| > believe that regular inspection |                                   |
| > is sufficient to help prevent   |                                   |
| > discharges and will not impose  |                                   |
| > any additional requirements at  |                                   |
| > this time.                      |                                   |
|                                   |                                   |
| 100. [Buried                      |                                   |
|      piping]{.underline}*:* We    |                                   |
|      believe that any buried      |                                   |
|      piping, regardless of        |                                   |
|      length, may cause a          |                                   |
|      discharge, and therefore     |                                   |
|      should be tested.            |                                   |
|      Double-walled piping might   |                                   |
|      be an acceptable alternative |                                   |
|      to integrity and leak        |                                   |
|      testing or monthly           |                                   |
|      monitoring. If an owner or   |                                   |
|      operator chooses             |                                   |
|      double-walled piping as an   |                                   |
|      alternative, they must       |                                   |
|      explain their nonconformance |                                   |
|      with the rule requirements,  |                                   |
|      and explain how              |                                   |
|      double-walled piping         |                                   |
|      provides equivalent          |                                   |
|      environmental protection.    |                                   |
|      See 112.7(a)(2).             |                                   |
|                                   |                                   |
| > We require that an owner or     |                                   |
| > operator only conduct integrity |                                   |
| > and leak testing of such piping |                                   |
| > at the time of installation,    |                                   |
| > modification, construction,     |                                   |
| > relocation, or replacement. We  |                                   |
| > believe that when piping is     |                                   |
| > exposed for any reason,         |                                   |
| > integrity and leak testing of   |                                   |
| > such exposed piping according   |                                   |
| > to industry standards is        |                                   |
| > appropriate because piping is   |                                   |
| > visible at that point, and      |                                   |
| > testing is easier because the   |                                   |
| > piping is more accessible. We   |                                   |
| > recommend evaluations of        |                                   |
| > unprotected underground piping  |                                   |
| > be conducted in accordance with |                                   |
| > industry standards, to preserve |                                   |
| > flexibility in case the time    |                                   |
| > frame changes with changing     |                                   |
| > technology.                     |                                   |
| >                                 |                                   |
| > If an owner or operator has     |                                   |
| > vaulted containers, the         |                                   |
| > requirement for integrity and   |                                   |
| > leak testing of buried piping   |                                   |
| > might be the subject of a       |                                   |
| > deviation under §112.7(a)(2) if |                                   |
| > those pipes, valves, and        |                                   |
| > fittings come out of the top of |                                   |
| > the container and are not       |                                   |
| > buried, or are encased in a     |                                   |
| > double-walled piping system and |                                   |
| > the owner or operator thereby   |                                   |
| > significantly reduces the       |                                   |
| > potential for corrosion.        |                                   |
|                                   |                                   |
| 101. [Industry                    |                                   |
|      standards]{.underline}*:*    |                                   |
|      Industry standards that may  |                                   |
|      assist an owner or operator  |                                   |
|      with inspection and testing  |                                   |
|      of valves, piping, and       |                                   |
|      appurtenances include: (1)   |                                   |
|      API Standard 570, "Piping    |                                   |
|      Inspection Code (Inspection, |                                   |
|      Repair, Alteration, and      |                                   |
|      Rerating of In-Service       |                                   |
|      Piping Systems"; (2) API     |                                   |
|      Recommended Practice 574,    |                                   |
|      "Inspection Practices for    |                                   |
|      Piping System                |                                   |
|      Components"; (3) American    |                                   |
|      Society of Mechanical        |                                   |
|      Engineers (ASME) B31.3,      |                                   |
|      "Process Piping"; and, (4)   |                                   |
|      ASME B31.4, "Liquid          |                                   |
|      Transportation Systems for   |                                   |
|      Hydrocarbons, Liquid         |                                   |
|      Petroleum Gas, Anhydrous     |                                   |
|      Ammonia, and Alcohols."      |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.8 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore          | and Countermeasure Plans.         |
| facilities (excluding production  |                                   |
| facilities).                      | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(d\) . . .                       | \(3\) . . .                       |
|                                   |                                   |
| \(5\) *Warn all vehicles entering | \(v\) Vehicular traffic granted   |
| the facility to be sure that no   | entry into the facility should be |
| vehicle will endanger aboveground | warned verbally or by appropriate |
| piping* **or other oil transfer   | signs to be sure that the         |
| operations.**                     | vehicle, because of its size,     |
|                                   | will not endanger above ground    |
|                                   | piping.                           |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 102. [Vehicular                   |                                   |
|      warnings]{.underline}: The   |                                   |
|      rule requires an owner or    |                                   |
|      operator to warn vehicular   |                                   |
|      traffic so that no vehicle   |                                   |
|      will endanger aboveground    |                                   |
|      piping or other oil transfer |                                   |
|      operations. The requirement  |                                   |
|      applies to all facilities,   |                                   |
|      large or small. Warnings may |                                   |
|      include verbal warnings,     |                                   |
|      signs, or marking and        |                                   |
|      temporary protection of      |                                   |
|      piping or equipment. No      |                                   |
|      particular height            |                                   |
|      restriction is incorporated  |                                   |
|      into the rule. Rather,       |                                   |
|      aboveground piping at any    |                                   |
|      height must be protected     |                                   |
|      from vehicular traffic       |                                   |
|      unless the piping is so high |                                   |
|      that all vehicular traffic   |                                   |
|      passes underneath the        |                                   |
|      piping. In this case, or     |                                   |
|      where the requirement is     |                                   |
|      infeasible, the owner or     |                                   |
|      operator may be able to use  |                                   |
|      the deviation provision in   |                                   |
|      §112.7(a)(2) if they explain |                                   |
|      their reasons for            |                                   |
|      nonconformance and provide   |                                   |
|      equivalent environmental     |                                   |
|      protection.                  |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Section 112.9]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.9 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore oil      | and Countermeasure Plans.         |
| production facilities.            |                                   |
|                                   | . . .                             |
| *If you are the owner or operator |                                   |
| of an onshore production          | \(e\) In addition to the minimal  |
| facility, you must:*              | prevention standards listed under |
|                                   | Sec. 112.7(c), sections of the    |
| *(a) Meet the general             | Plan should include a complete    |
| requirements for the Plan listed  | discussion of conformance with    |
| under §112.7, and the specific    | the following applicable          |
| discharge prevention and          | guidelines, other effective spill |
| containment procedures listed     | prevention and containment        |
| under this section.*              | procedures (or, if more           |
|                                   | stringent, with State rules,      |
| . . . . . . . . . . . . .         | regulations and guidelines):      |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
|                                   |                                   |
|                                   | \(6\) [Oil production facility    |
|                                   | (onshore) --]{.underline}         |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 103. [Editorial                   |                                   |
|      changes]{.underline}: We     |                                   |
|      added an introduction to     |                                   |
|      help rewrite the section in  |                                   |
|      the active voice. Since the  |                                   |
|      owner or operator is the     |                                   |
|      person with responsibility   |                                   |
|      to implement a Plan, the     |                                   |
|      mandates of the rule are     |                                   |
|      properly addressed to him,   |                                   |
|      except as specifically       |                                   |
|      noted.                       |                                   |
|                                   |                                   |
| > Section 112.9(a) merely         |                                   |
| > references the general          |                                   |
| > requirements that all           |                                   |
| > facilities must meet as well as |                                   |
| > the specific requirements that  |                                   |
| > an owner or operator of onshore |                                   |
| > oil production facility must    |                                   |
| > meet.                           |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.9 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore oil      | and Countermeasure Plans.         |
| production facilities.            |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
|                                   | \(e\) . . .                       |
| \(b\) [Oil production *facility   |                                   |
| drainage.*]{.underline}           | \(5\) . . .                       |
|                                   |                                   |
| \(1\) At tank batteries *and      | \(ii\) [Oil production facility   |
| separation and treating areas*    | (onshore) drainage]{.underline}.  |
| *where there is a reasonable      |                                   |
| possibility of a* *discharge as   | \(A\) At tank batteries and       |
| described in §112.1(b)*, *close   | central treating stations where   |
| and seal at all times drains of   | an accidental discharge of oil    |
| dikes or drains of equivalent     | would have a reasonable           |
| measures required under           | possibility of reaching navigable |
| §112.7(c)(1), except when         | waters, the dikes or equivalent   |
| draining uncontaminated           | required under Sec. 112.7(c)(1)   |
| rainwater.* Prior to drainage,    | should have drains closed and     |
| *you must inspect the diked area  | sealed at all times except when   |
| and take action as provided in    | rainwater is being drained. Prior |
| §112.8(c)(3)(ii), (iii), and      | to drainage, the diked area       |
| (iv). You must remove*            | should be inspected as provided   |
| accumulated oil on the rainwater  | in paragraphs (e)(2)(iii) (B),    |
| and *return it* to storage or     | (C), and (D) of this section.     |
| *dispose of it* in accordance     | Accumulated oil on the rainwater  |
| with *legally* approved methods.  | should be picked up and returned  |
|                                   | to storage or disposed of in      |
| . . . . . . . . . . . . .         | accordance with approved methods. |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 1.  [NPDES records]{.underline}:  |                                   |
|     The revised rule provides     |                                   |
|     that records required by      |                                   |
|     NPDES permit regulations (40  |                                   |
|     CFR 122.41(j)(2) and          |                                   |
|     112.41(m)(3)) are allowable   |                                   |
|     to record stormwater bypass   |                                   |
|     events for SPCC purposes in   |                                   |
|     lieu of records specifically  |                                   |
|     generated for that purpose.   |                                   |
|                                   |                                   |
| 2.  [Applicability]{.underline}:  |                                   |
|     This requirement applies to   |                                   |
|     both large and small          |                                   |
|     facilities to help prevent    |                                   |
|     discharges as described in    |                                   |
|     §112.1(b). The risk of such a |                                   |
|     discharge and the             |                                   |
|     accompanying environmental    |                                   |
|     damage may be devastating     |                                   |
|     whether it comes from a large |                                   |
|     or small facility.            |                                   |
|                                   |                                   |
| 3.  [Engineering                  |                                   |
|     methods]{.underline}:         |                                   |
|     "Equivalent" measures         |                                   |
|     referenced in the rule might, |                                   |
|     depending on good engineering |                                   |
|     practice, include using       |                                   |
|     structures such as stand      |                                   |
|     pipes designed to handle      |                                   |
|     flow-through conditions at    |                                   |
|     water flood oil production    |                                   |
|     operations, where large       |                                   |
|     volumes of water may be       |                                   |
|     directed to oil storage tanks |                                   |
|     if water discharge lines on   |                                   |
|     oil-water separators become   |                                   |
|     plugged. Any alternate        |                                   |
|     measures must provide         |                                   |
|     environmental protection      |                                   |
|     equivalent to the rule        |                                   |
|     requirement.                  |                                   |
|                                   |                                   |
| 4.  [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with facility drainage        |                                   |
|     include API Recommended       |                                   |
|     Practice 51, "Onshore Oil and |                                   |
|     Gas Production Practices for  |                                   |
|     Protection of the             |                                   |
|     Environment."                 |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.9 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore oil      | and Countermeasure Plans.         |
| production facilities.            |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
|                                   | \(e\) . . .                       |
| \(b\) . . .                       |                                   |
|                                   | \(5\) . . .                       |
| \(2\) *Inspect at regularly       |                                   |
| scheduled intervals field         | \(ii\) . . .                      |
| drainage systems (such as         |                                   |
| drainage ditches or road          | \(B\) Field drainage ditches,     |
| ditches),* and oil traps, sumps,  | road ditches, and oil traps,      |
| or skimmers, *for an accumulation | sumps or skimmers, if such exist, |
| of oil that may have resulted     | should be inspected at regularly  |
| from any small discharge. You     | scheduled intervals for           |
| must promptly remove any          | accumulation of oil that may have |
| accumulations of oil.*            | escaped from small leaks. Any     |
|                                   | such accumulations should be      |
| . . . . . . . . . . . . .         | removed.                          |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 5.  [Applicability]{.underline}:  |                                   |
|     Crude oil transfers from      |                                   |
|     production fields into tank   |                                   |
|     trucks or cars are covered by |                                   |
|     the general requirements      |                                   |
|     contained in §112.7(c) and    |                                   |
|     (h), both of which require    |                                   |
|     some form of secondary        |                                   |
|     containment. Cleanup of oil,  |                                   |
|     oil-contaminated soil, and    |                                   |
|     oil-contaminated materials    |                                   |
|     from field drainage ditches,  |                                   |
|     road ditches, or other field  |                                   |
|     drainage system is covered by |                                   |
|     this paragraph. The cleanup   |                                   |
|     of oil from diked areas at    |                                   |
|     onshore production facilities |                                   |
|     is not specifically covered   |                                   |
|     by the rules. However, the    |                                   |
|     presence of oil in diked      |                                   |
|     areas may impair the quality  |                                   |
|     of the dike or the capacity   |                                   |
|     for secondary containment,    |                                   |
|     and if so, the oil must be    |                                   |
|     removed.                      |                                   |
|                                   |                                   |
| 6.  [Inspection                   |                                   |
|     schedule]{.underline}: We     |                                   |
|     retained the "regularly       |                                   |
|     scheduled intervals" standard |                                   |
|     for inspections. This         |                                   |
|     standard means regular        |                                   |
|     inspections according to      |                                   |
|     industry standards or on a    |                                   |
|     schedule sufficient to        |                                   |
|     prevent a discharge as        |                                   |
|     described in §112.1(b).       |                                   |
|     Whatever schedule for         |                                   |
|     inspections is selected must  |                                   |
|     be documented in the Plan. We |                                   |
|     decline to specify a specific |                                   |
|     interval because such an      |                                   |
|     interval might become         |                                   |
|     obsolete with changing        |                                   |
|     technology.                   |                                   |
|                                   |                                   |
| 7.  [Accumulations of oil and     |                                   |
|     oil-contaminated              |                                   |
|     soil]{.underline}: We have    |                                   |
|     adequate authority to require |                                   |
|     cleanup of an accumulation of |                                   |
|     oil, including on soil and    |                                   |
|     other materials, because      |                                   |
|     section 311(j)(1)(C) of the   |                                   |
|     CWA provides EPA with the     |                                   |
|     authority to establish        |                                   |
|     procedures, methods, and      |                                   |
|     equipment and other           |                                   |
|     requirements for equipment to |                                   |
|     prevent discharges of oil.    |                                   |
|     The broad definition of "oil" |                                   |
|     in CWA section 311(a)(1)      |                                   |
|     covers "oil refuse" and "oil  |                                   |
|     mixed with wastes other than  |                                   |
|     dredged spoil." If field      |                                   |
|     drainage systems allow the    |                                   |
|     accumulation of oil on the    |                                   |
|     soil or other materials at    |                                   |
|     the onshore facility and that |                                   |
|     oil threatens navigable water |                                   |
|     or adjoining shorelines, then |                                   |
|     EPA has authority to          |                                   |
|     establish a method or         |                                   |
|     procedure -- i.e., the        |                                   |
|     removal of oil contaminated   |                                   |
|     soil to prevent that oil from |                                   |
|     becoming a discharge as       |                                   |
|     described in §112.1(b). The   |                                   |
|     cleanup standard under this   |                                   |
|     paragraph requires the        |                                   |
|     complete removal of the       |                                   |
|     contaminated oil, soil, or    |                                   |
|     other materials, either by    |                                   |
|     removal, or by                |                                   |
|     bioremediation, or in any     |                                   |
|     other effective,              |                                   |
|     environmentally sound manner. |                                   |
|                                   |                                   |
| 8.  [Prompt cleanup]{.underline}: |                                   |
|     "Prompt" cleanup means        |                                   |
|     beginning the cleanup         |                                   |
|     immediately after discovery   |                                   |
|     of the discharge or           |                                   |
|     immediately after any actions |                                   |
|     necessary to prevent fire or  |                                   |
|     explosion or other imminent   |                                   |
|     threats to worker health and  |                                   |
|     safety.                       |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.9 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore oil      | and Countermeasure Plans.         |
| production facilities.            |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
|                                   | \(e\) . . .                       |
| \(c\) [Oil production *facility   |                                   |
| bulk* storage                     | \(5\) . . .                       |
| *containers.*]{.underline}        |                                   |
|                                   | \(iii\) [Oil production facility  |
| \(1\) *Not use a container for    | (onshore) bulk storage            |
| the* storage of oil unless its    | tanks]{.underline}.               |
| material and construction are     |                                   |
| compatible with the material      | \(A\) No tank should be used for  |
| stored and the conditions of      | the storage of oil unless its     |
| storage.                          | material and construction are     |
|                                   | compatible with the material      |
| . . . . . . . . . . . . .         | stored and the conditions of      |
|                                   | storage.                          |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 9.  [Recommendation v.            |                                   |
|     requirement]{.underline}*:*   |                                   |
|     We retained the mandatory     |                                   |
|     requirement to use no         |                                   |
|     container for the storage of  |                                   |
|     oil unless its material and   |                                   |
|     construction are compatible   |                                   |
|     with the material stored and  |                                   |
|     the conditions of storage. In |                                   |
|     most cases good engineering   |                                   |
|     practice and liability        |                                   |
|     concerns will prompt the use  |                                   |
|     of industry standards. See    |                                   |
|     §112.3(d)(1)(iii). In         |                                   |
|     addition, local governmental  |                                   |
|     standards on construction,    |                                   |
|     materials, and installation   |                                   |
|     sometimes control industry    |                                   |
|     standards on these matters.   |                                   |
|                                   |                                   |
| 10. [Industry                     |                                   |
|     standards]{.underline}*:*     |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with materials for and        |                                   |
|     construction of onshore bulk  |                                   |
|     storage production facilities |                                   |
|     include: (1) API              |                                   |
|     Specification 12B, "Bolted    |                                   |
|     Tanks for Storage of          |                                   |
|     Production Liquids"; (2) API  |                                   |
|     Specification 12D, "Field     |                                   |
|     Welded Tanks for Storage of   |                                   |
|     Production Liquids"; (3) API  |                                   |
|     Specification 12F, "Shop      |                                   |
|     Welded Tanks for Storage of   |                                   |
|     Production Liquids"; (4) API  |                                   |
|     Specification 12J, "Oil Gas   |                                   |
|     Separators"; (5) API          |                                   |
|     Specification 12K,            |                                   |
|     "Indirect-Type Oil Field      |                                   |
|     Heaters"; and, (6) API        |                                   |
|     Specification 12L, "Vertical  |                                   |
|     and Horizontal Emulsion       |                                   |
|     Treaters."                    |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.9 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore oil      | and Countermeasure Plans.         |
| production facilities.            |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
|                                   | \(e\) . . .                       |
| \(c\) . . .                       |                                   |
|                                   | \(5\) . . .                       |
| \(2\) *Provide all tank battery,  |                                   |
| separation, and treating facility | \(iii\) . . .                     |
| installations with a secondary    |                                   |
| means of containment for the*     | \(B\) All tank battery and        |
| *entire capacity of the largest   | central treating plant            |
| single container and sufficient   | installations should be provided  |
| freeboard to contain              | with a secondary means of         |
| precipitation. You must safely    | containment for the entire        |
| confine drainage from undiked     | contents of the largest single    |
| areas in a catchment basin or     | tank if feasible, or alternate    |
| holding pond.*                    | systems such as those outlined in |
|                                   | Sec. 112.7(c)(1). Drainage from   |
| . . . . . . . . . . . . .         | undiked areas should be safely    |
|                                   | confined in a catchment basin or  |
|                                   | holding pond.                     |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 11. [Secondary                    |                                   |
|     containment]{.underline} The  |                                   |
|     requirement applies to oil    |                                   |
|     leases of any size. Secondary |                                   |
|     containment is not required   |                                   |
|     for the entire leased area,   |                                   |
|     merely for the contents of    |                                   |
|     the largest single container  |                                   |
|     in the tank battery,          |                                   |
|     separation, and treating      |                                   |
|     facility installation, with   |                                   |
|     sufficient freeboard to       |                                   |
|     contain precipitation.        |                                   |
|     Freeboard sufficient to       |                                   |
|     contain precipitation is      |                                   |
|     freeboard installed according |                                   |
|     to industry standards, or in  |                                   |
|     an amount sufficient to avert |                                   |
|     a discharge as described in   |                                   |
|     §112.1(b). This standard is   |                                   |
|     consistent with the amount of |                                   |
|     freeboard required in         |                                   |
|     §112.8(c)(2).                 |                                   |
|                                   |                                   |
| 12. [Drainage]{.underline}*:*     |                                   |
|     Drainage from any undiked     |                                   |
|     area poses a threat of        |                                   |
|     contamination. When drainage  |                                   |
|     from undiked areas is covered |                                   |
|     by stormwater discharge       |                                   |
|     permits, that part of the BMP |                                   |
|     might be usable for SPCC      |                                   |
|     purposes. An owner or         |                                   |
|     operator can use NPDES        |                                   |
|     records for SPCC purposes.    |                                   |
|                                   |                                   |
| 13. [Industry                     |                                   |
|     standards]{.underline}*:*     |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with secondary containment at |                                   |
|     onshore production facilities |                                   |
|     include: (1) API Recommended  |                                   |
|     Practice 51, "Onshore Oil and |                                   |
|     Gas Production Practices for  |                                   |
|     Protection of the             |                                   |
|     Environment"; (2) NFPA 30,    |                                   |
|     "Flammable and Combustible    |                                   |
|     Liquids Code"; and, (3) BOCA, |                                   |
|     "National Fire Prevention     |                                   |
|     Code."                        |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.9 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore oil      | and Countermeasure Plans.         |
| production facilities.            |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
|                                   | \(e\) . . .                       |
| \(c\) . . .                       |                                   |
|                                   | \(5\) . . .                       |
| \(3\) *Periodically and upon a    |                                   |
| regular schedule visually inspect | \(iii\) All tanks containing oil  |
| each container of oil for         | should be visually examined by a  |
| deterioration and maintenance     | competent person for condition    |
| needs, including* the foundation  | and need for maintenance on a     |
| and *support of each container*   | scheduled periodic basis. Such    |
| that *is on or* above the surface | examination should include the    |
| of the ground.                    | foundation and supports of tanks  |
|                                   | that are above the surface of the |
| . . . . . . . . . . . . .         | ground.                           |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 14. [Frequency of                 |                                   |
|     inspection]{.underline}: We   |                                   |
|     have maintained the old       |                                   |
|     standard for frequency of     |                                   |
|     inspection, according to      |                                   |
|     industry standards. Such      |                                   |
|     standards may change with     |                                   |
|     changing technology.          |                                   |
|     Therefore, a frequency of     |                                   |
|     "periodically and upon a      |                                   |
|     regular schedule" preserves   |                                   |
|     maximum flexibility and       |                                   |
|     upholds statutory intent.     |                                   |
|                                   |                                   |
| 15. [Extent of                    |                                   |
|     inspection]{.underline}: In   |                                   |
|     addition to external          |                                   |
|     inspection, internal          |                                   |
|     inspection of containers is   |                                   |
|     also necessary to detect      |                                   |
|     possible flaws that could     |                                   |
|     cause a discharge. The        |                                   |
|     inspection must also include  |                                   |
|     foundations and supports that |                                   |
|     are on or above the surface   |                                   |
|     of the ground. If, for some   |                                   |
|     reason, it is not practicable |                                   |
|     to inspect the foundations    |                                   |
|     and supports, an owner or     |                                   |
|     operator may deviate from the |                                   |
|     requirement under             |                                   |
|     §112.7(a)(2), if he explains  |                                   |
|     his rationale for             |                                   |
|     nonconformance and provide    |                                   |
|     equivalent environmental      |                                   |
|     protection.                   |                                   |
|                                   |                                   |
| 16. [Record                       |                                   |
|     maintenance]{.underline}:     |                                   |
|     Section 112.7(e) requires     |                                   |
|     record maintenance for three  |                                   |
|     years. However, we note that  |                                   |
|     certain industry standards    |                                   |
|     (for example, API Standard    |                                   |
|     653 or API Recommended        |                                   |
|     Practice 12R1) may specify    |                                   |
|     that an owner or operator     |                                   |
|     maintain records for longer   |                                   |
|     than three years.             |                                   |
|                                   |                                   |
| 17. [Industry                     |                                   |
|     standards:]{.underline}.      |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with inspection of containers |                                   |
|     at onshore production         |                                   |
|     facilities include: (1) API   |                                   |
|     Recommended Practice 12R1,    |                                   |
|     "Recommended Practice for     |                                   |
|     Setting, Maintenance,         |                                   |
|     Inspection, Operation, and    |                                   |
|     Repair of Tanks in Production |                                   |
|     Service"; and, (2) "API       |                                   |
|     Standard 653, "Tank           |                                   |
|     Inspection, Repair,           |                                   |
|     Alteration, and               |                                   |
|     Reconstruction."              |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.9 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore oil      | and Countermeasure Plans.         |
| production facilities.            |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
|                                   | \(e\) . . .                       |
| \(c\) . . .                       |                                   |
|                                   | \(5\) . . .                       |
| \(4\) *Engineer or update new and |                                   |
| old tank battery installations in | \(iii\) . . .                     |
| accordance with good engineering  |                                   |
| practice to prevent discharges.   | \(D\) New and old tank battery    |
| You must provide at least one of  | installations should, as far as   |
| the following*:                   | practical, be fail-safe           |
|                                   | engineered or updated into a      |
| \(i\) *Container capacity         | fail-safe engineered installation |
| adequate* to assure that a        | to prevent spills. Consideration  |
| *container* will not overfill if  | should be given to one or more of |
| a pumper/gauger *is* delayed in   | the following:                    |
| making *regularly scheduled*      |                                   |
| rounds.                           | \(1\) Adequate tank capacity to   |
|                                   | assure that a tank will not       |
| \(ii\) Overflow equalizing lines  | overfill should a pumper/gauger   |
| between *containers* so that a    | be delayed in making his regular  |
| full *container* can overflow to  | rounds.                           |
| an adjacent *container*.          |                                   |
|                                   | \(2\) Overflow equalizing lines   |
| \(iii\) *Vacuum protection        | between tanks so that a full tank |
| adequate* to prevent *container*  | can overflow to an adjacent tank. |
| collapse during a pipeline run    |                                   |
| *or other transfer of oil from    | \(3\) Adequate vacuum protection  |
| the container.*                   | to prevent tank collapse during a |
|                                   | pipeline run.                     |
| \(iv\) High level sensors to      |                                   |
| generate and transmit an alarm    | \(4\) High level sensors to       |
| signal to the computer where *the | generate and transmit an alarm    |
| facility is subject to a*         | signal to the computer where      |
| computer production control       | facilities are a part of a        |
| system.                           | computer production control       |
|                                   | system.                           |
| . . . . . . . . . . . . .         |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 18. [Good engineering             |                                   |
|     practice]{.underline}: The    |                                   |
|     revised rule retains this     |                                   |
|     section as a requirement,     |                                   |
|     both to improve spill         |                                   |
|     prevention and to avoid       |                                   |
|     confusion among the regulated |                                   |
|     community (because of the     |                                   |
|     similar requirement for bulk  |                                   |
|     storage containers at         |                                   |
|     facilities other than         |                                   |
|     production facilities).       |                                   |
|     Nevertheless, an owner or     |                                   |
|     operator has flexibility as   |                                   |
|     to which measures are used,   |                                   |
|     and may choose the least      |                                   |
|     expensive alternative listed  |                                   |
|     in §112.9(c)(4). For example, |                                   |
|     should vacuum protection be   |                                   |
|     too costly, another           |                                   |
|     alternative can be chosen.    |                                   |
|     Furthermore, an owner or      |                                   |
|     operator may also deviate     |                                   |
|     from the requirement under    |                                   |
|     §112.7(a)(2) if he can        |                                   |
|     explain nonconformance and    |                                   |
|     provide equivalent            |                                   |
|     environmental protection by   |                                   |
|     some other means. We revised  |                                   |
|     the paragraph on vacuum       |                                   |
|     protection to clarify that    |                                   |
|     the rule addresses any type   |                                   |
|     of transfer from the tank,    |                                   |
|     not merely a pipeline run.    |                                   |
|                                   |                                   |
| 19. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with alarm systems            |                                   |
|     include: (1) API, "Manual of  |                                   |
|     Petroleum Measurement         |                                   |
|     Standards"; (2) API           |                                   |
|     Recommended Practice 51,      |                                   |
|     "Onshore Oil and Gas          |                                   |
|     Production Practices for      |                                   |
|     Protection of the             |                                   |
|     Environment"; (3) API         |                                   |
|     Recommended Practice 2350,    |                                   |
|     "Overfill Protection for      |                                   |
|     Storage Tanks in Petroleum    |                                   |
|     Facilities"; and, (4) NFPA    |                                   |
|     30, "Flammable and            |                                   |
|     Combustible Liquids Code."    |                                   |
|                                   |                                   |
| 20. [Editorial changes and        |                                   |
|     clarifications]{.underline}:  |                                   |
|     "Fail-safe" engineering       |                                   |
|     becomes "good engineering     |                                   |
|     practice," because fail-safe  |                                   |
|     engineering is a misnomer.    |                                   |
|     The change in terminology     |                                   |
|     does not imply any            |                                   |
|     substantive change in the     |                                   |
|     level of environmental        |                                   |
|     protection required.          |                                   |
|                                   |                                   |
| > We deleted the phrase "as far   |                                   |
| > as is practical," because it is |                                   |
| > confusing when compared to the  |                                   |
| > text of §112.7(a)(2). Under     |                                   |
| > §112.7(a)(2), an owner or       |                                   |
| > operator may explain his        |                                   |
| > reasons for nonconformance, and |                                   |
| > provide equivalent              |                                   |
| > environmental protection by     |                                   |
| > some other means.               |                                   |
| >                                 |                                   |
| > An owner or operator must       |                                   |
| > discuss actual standards used   |                                   |
| > in the Plan. Section            |                                   |
| > 112.3(d)(1)(iii) also requires  |                                   |
| > the Professional Engineer to    |                                   |
| > certify that he has considered  |                                   |
| > applicable industry standards   |                                   |
| > in the preparation of the Plan. |                                   |
| >                                 |                                   |
| > In the introductory paragraph,  |                                   |
| > the phrase "Consideration shall |                                   |
| > be given to providing\...."     |                                   |
| > becomes, "You must              |                                   |
| > provide\...." This change makes |                                   |
| > the language consistent with a  |                                   |
| > companion paragraph dealing     |                                   |
| > with good engineering design,   |                                   |
| > i.e., §112.8(c)(8).             |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.9 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore oil      | and Countermeasure Plans.         |
| production facilities.            |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
|                                   | \(e\) . . .                       |
| \(d\) [Facility transfer          |                                   |
| operations, oil production        | \(5\) . . .                       |
| facility*.*]{.underline}          |                                   |
|                                   | \(iv\) [Facility transfer         |
| \(1\) *Periodically and upon a    | operations, oil production        |
| regular schedule inspect all      | facility (onshore).]{.underline}  |
| aboveground valves and piping     |                                   |
| associated with transfer          | \(A\) All above ground valves and |
| operations for the general        | pipelines should be examined      |
| condition of* flange joints,      | periodically on a scheduled basis |
| valve glands and bodies, drip     | for general condition of items    |
| pans, pipe supports, pumping well | such as flange joints, valve      |
| polish rod stuffing boxes,        | glands and bodies, drip pans,     |
| bleeder and gauge valves, *and    | pipeline supports, pumping well   |
| other such items.*                | polish rod stuffing boxes,        |
|                                   | bleeder and gauge valves.         |
| . . . . . . . . . . . . .         |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 21. [Applicability]{.underline}:  |                                   |
|     The rule applies equally to   |                                   |
|     large and small facilities,   |                                   |
|     because failure to inspect    |                                   |
|     piping and valves at any      |                                   |
|     facility might lead to a      |                                   |
|     discharge as described in     |                                   |
|     §112.1(b).                    |                                   |
|                                   |                                   |
| 22. [Frequency of                 |                                   |
|     inspections]{.underline}*:*   |                                   |
|     We retained the current       |                                   |
|     inspection frequency of       |                                   |
|     periodic inspections, but     |                                   |
|     editorially changed it to     |                                   |
|     "upon a regular schedule."    |                                   |
|     The standard of inspections   |                                   |
|     "upon a regular schedule"     |                                   |
|     means in accordance with      |                                   |
|     industry standards or at a    |                                   |
|     frequency sufficient to       |                                   |
|     prevent discharges as         |                                   |
|     described in §112.1(b).       |                                   |
|     Whatever frequency of         |                                   |
|     inspections is selected must  |                                   |
|     be documented in the Plan.    |                                   |
|                                   |                                   |
| 23. [Recordkeeping]{.underline}:  |                                   |
|     Although we do not specify a  |                                   |
|     record retention period       |                                   |
|     longer than three years (see  |                                   |
|     §112.7(e)), comparison        |                                   |
|     records for compliance with   |                                   |
|     certain industry standards    |                                   |
|     may require an owner or       |                                   |
|     operator to maintain records  |                                   |
|     for longer than three years.  |                                   |
|     PE certification of these     |                                   |
|     inspections and records is    |                                   |
|     not required.                 |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.9 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore oil      | and Countermeasure Plans.         |
| production facilities.            |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
|                                   | \(e\) . . .                       |
| \(d\) . . .                       |                                   |
|                                   | \(5\) . . .                       |
| \(2\) *Inspect saltwater (oil     |                                   |
| field brine) disposal facilities  | \(iv\) . . .                      |
| often*, particularly following a  |                                   |
| sudden change in atmospheric      | \(B\) Salt water (oil field       |
| temperature, to detect possible   | brine) disposal facilities should |
| system upsets *capable of causing | be examined often, particularly   |
| a discharge*.                     | following a sudden change in      |
|                                   | atmospheric temperature to detect |
| . . . . . . . . . . . . .         | possible system upsets that could |
|                                   | cause an oil discharge.           |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 24. [Applicability]{.underline}:  |                                   |
|     The rule applies to any       |                                   |
|     regulated facility with salt  |                                   |
|     water disposal if the         |                                   |
|     potential exists to discharge |                                   |
|     oil in amounts that may be    |                                   |
|     harmful, as defined in 40 CFR |                                   |
|     110.3. This standard is       |                                   |
|     necessary to protect the      |                                   |
|     environment.                  |                                   |
|                                   |                                   |
| 25. [Sudden change in             |                                   |
|     temperature]{.underline}: A   |                                   |
|     sudden change in temperature  |                                   |
|     means any abrupt change in    |                                   |
|     temperature, either up or     |                                   |
|     down, which could cause       |                                   |
|     system upsets.                |                                   |
|                                   |                                   |
| 26. [Frequency of                 |                                   |
|     inspections]{.underline}:     |                                   |
|     Inspections of these          |                                   |
|     facilities must be conducted  |                                   |
|     "often." "Often" means in     |                                   |
|     accordance with industry      |                                   |
|     standards, or more            |                                   |
|     frequently, if as noted,      |                                   |
|     conditions warrant. Whatever  |                                   |
|     frequency of inspections is   |                                   |
|     chosen must be documented in  |                                   |
|     the Plan.                     |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.9 Spill Prevention,       | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore oil      | and Countermeasure Plans.         |
| production facilities.            |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
|                                   | \(e\) . . .                       |
| \(d\) . . .                       |                                   |
|                                   | \(5\) . . .                       |
| \(3\) *Have a program of flowline |                                   |
| maintenance to prevent discharges | \(iv\) . . .                      |
| from each flowline.*              |                                   |
|                                   | \(C\) Production facilities       |
|                                   | should have a program of flowline |
|                                   | maintenance to prevent spills     |
|                                   | from this source. The program     |
|                                   | should include periodic           |
|                                   | examinations, corrosion           |
|                                   | protection, flowline replacement, |
|                                   | and adequate records, as          |
|                                   | appropriate, for the individual   |
|                                   | facility.                         |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 27. [Applicability]{.underline}:  |                                   |
|     A program of flowline         |                                   |
|     maintenance is necessary to   |                                   |
|     prevent discharges both at    |                                   |
|     large and small facilities.   |                                   |
|     We do not include             |                                   |
|     recommendations in the rule,  |                                   |
|     to avoid confusing the public |                                   |
|     over what is mandatory and    |                                   |
|     what is discretionary. This   |                                   |
|     rule contains only mandatory  |                                   |
|     requirements.                 |                                   |
|                                   |                                   |
| 28. [Frequency of                 |                                   |
|     inspections]{.underline}: We  |                                   |
|     recommend that an owner or    |                                   |
|     operator conduct inspections  |                                   |
|     either according to industry  |                                   |
|     standards or at a frequency   |                                   |
|     sufficient to prevent a       |                                   |
|     discharge as described in     |                                   |
|     §112.1(b). Under              |                                   |
|     §112.3(d)(1)(iii), the        |                                   |
|     Professional Engineer must    |                                   |
|     certify that the Plan has     |                                   |
|     been prepared in accordance   |                                   |
|     with good engineering         |                                   |
|     practice, including           |                                   |
|     consideration of applicable   |                                   |
|     industry standards.           |                                   |
|                                   |                                   |
| 29. [Corrosion protection,        |                                   |
|     flowline                      |                                   |
|     replacement]{.underline}:     |                                   |
|     While we have deleted the     |                                   |
|     recommendation from rule text |                                   |
|     due to reasons explained      |                                   |
|     above, we recommend corrosion |                                   |
|     protection and flowline       |                                   |
|     replacement when necessary,   |                                   |
|     because those measures help   |                                   |
|     to prevent discharges as      |                                   |
|     described in §112.1(b).       |                                   |
|                                   |                                   |
| 30. [Transfer                     |                                   |
|     operation]{.underline}: A     |                                   |
|     transfer operation is one in  |                                   |
|     which oil is moved from or    |                                   |
|     into some form of             |                                   |
|     transportation, storage,      |                                   |
|     equipment, or other device,   |                                   |
|     into or from some other or    |                                   |
|     similar form of               |                                   |
|     transportation, such as a     |                                   |
|     pipeline, truck, tank car, or |                                   |
|     other storage, equipment, or  |                                   |
|     device.                       |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Section 112.10]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.10 Spill Prevention,      | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore oil      | and Countermeasure Plans.         |
| drilling and workover facilities. |                                   |
|                                   | . . . . . . . . . . . . .         |
| *If you are the owner or operator |                                   |
| of an onshore oil drilling and    | \(e\) In addition to the minimal  |
| workover facility, you must:*     | prevention standards listed under |
|                                   | Sec. 112.7(c), sections of the    |
| \(a\) *Meet the general           | Plan should include a complete    |
| requirements listed under §112.7, | discussion of conformance with    |
| and also meet the specific        | the following applicable          |
| discharge prevention and          | guidelines, other effective spill |
| containment procedures listed     | prevention and containment        |
| under this section.*              | procedures (or, if more           |
|                                   | stringent, with State rules,      |
| . . . . . . . . . . . . .         | regulations and guidelines):      |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
|                                   |                                   |
|                                   | \(6\) [Oil drilling and workover  |
|                                   | facilities                        |
|                                   | (onshore)]{.underline}.           |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 31. [Editorial                    |                                   |
|     changes]{.underline}: The     |                                   |
|     introductory text allows us   |                                   |
|     to rewrite the section in the |                                   |
|     active voice. Since the owner |                                   |
|     or operator is the person     |                                   |
|     with responsibility to        |                                   |
|     implement a Plan, the         |                                   |
|     mandates of the rule are      |                                   |
|     properly addressed to him,    |                                   |
|     except as specifically noted. |                                   |
|                                   |                                   |
| > Section 112.10(a) merely        |                                   |
| > references the general          |                                   |
| > requirements which all          |                                   |
| > facilities must meet as well as |                                   |
| > the specific requirements that  |                                   |
| > facilities in this category     |                                   |
| > must meet.                      |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.10 Spill Prevention,      | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for onshore oil      | and Countermeasure Plans.         |
| drilling and workover facilities. |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
|                                   | \(e\) . . .                       |
| \(b\) *Position or locate mobile  |                                   |
| drilling or workover equipment so | \(6\) . . .                       |
| as to prevent a discharge as      |                                   |
| described in §112.1(b).*          | \(i\) Mobile drilling or workover |
|                                   | equipment should be positioned or |
| \(c\) *Provide catchment basins   | located so as to prevent spilled  |
| or diversion structures to        | oil from reaching navigable       |
| intercept and contain discharges* | waters.                           |
| of fuel, crude oil, or oily       |                                   |
| drilling fluids.                  | \(ii\) Depending on the location, |
|                                   | catchment basins or diversion     |
| \(d\) *Install* a blowout         | structures may be necessary to    |
| prevention (BOP) assembly and     | intercept and contain spills of   |
| well control system *before       | fuel, crude oil, or oily drilling |
| drilling below any casing string  | fluids.                           |
| or during workover operations.    |                                   |
| The BOP assembly and well control | \(iii\) Before drilling below any |
| system must be* capable of        | casing string or during workover  |
| controlling any well-head         | operations, a blowout prevention  |
| pressure that *may be             | (BOP) assembly and well control   |
| encountered* while that BOP       | system should be installed that   |
| assembly *and well control system | is capable of controlling any     |
| are* on the well.                 | well head pressure that is        |
|                                   | expected to be encountered while  |
|                                   | that BOP assembly is on the well. |
|                                   | Casing and BOP installations      |
|                                   | should be in accordance with      |
|                                   | State regulatory agency           |
|                                   | requirements.                     |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 32. [Site location]{.underline}:  |                                   |
|     A contractor is not normally  |                                   |
|     responsible for site          |                                   |
|     location, site design, or     |                                   |
|     maintenance. Such decisions   |                                   |
|     are the responsibility of the |                                   |
|     facility owner or operator.   |                                   |
|     The owner or operator of the  |                                   |
|     facility has the              |                                   |
|     responsibility to locate      |                                   |
|     equipment so as to prevent    |                                   |
|     discharges as described in    |                                   |
|     §112.1(b).                    |                                   |
|                                   |                                   |
| 33. [Service jobs]{.underline}:   |                                   |
|     Where BOP assembly is not     |                                   |
|     necessary, as for certain     |                                   |
|     routine service jobs, such as |                                   |
|     the installation of a rod     |                                   |
|     pumping unit, or the batch    |                                   |
|     treatment of a well with      |                                   |
|     corrosion inhibitor, an owner |                                   |
|     or operator may deviate from  |                                   |
|     the requirement under         |                                   |
|     §112.7(a)(2), and explain its |                                   |
|     absence in the Plan. When BOP |                                   |
|     assembly is unnecessary       |                                   |
|     because pressures are not     |                                   |
|     great enough to cause a       |                                   |
|     blowout, it is likewise       |                                   |
|     unnecessary to provide        |                                   |
|     equivalent environmental      |                                   |
|     protection.                   |                                   |
|                                   |                                   |
| 34. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with blowout prevention       |                                   |
|     assembly include: (1) API     |                                   |
|     Recommended Practice 16E,     |                                   |
|     "Design of Control Systems    |                                   |
|     for Drilling Well Control     |                                   |
|     Equipment"; (2) API           |                                   |
|     Recommended Practice 53,      |                                   |
|     "Blowout Prevention Equipment |                                   |
|     Systems for Drilling          |                                   |
|     Operations"; (3) API          |                                   |
|     Specification 16A, "Drill     |                                   |
|     Through Equipment"; and, (4)  |                                   |
|     API Specification 16D,        |                                   |
|     "Control Systems for Drilling |                                   |
|     Well Control Equipment."      |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Section 112.11]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.11 Spill Prevention,      | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for offshore oil     | and Countermeasure Plans.         |
| drilling, production, or workover |                                   |
| facilities.                       | . . . . . . . . . . . . .         |
|                                   |                                   |
| *If you are the owner or operator | \(e\) In addition to the minimal  |
| of an offshore oil drilling,      | prevention standards listed under |
| production, or workover facility, | Sec. 112.7(c), sections of the    |
| you must*:                        | Plan should include a complete    |
|                                   | discussion of conformance with    |
| \(a\) *Meet the general           | the following applicable          |
| requirements listed under §112.7, | guidelines, other effective spill |
| and also meet the specific        | prevention and containment        |
| discharge prevention and          | procedures (or, if more           |
| containment procedures listed     | stringent, with State rules,      |
| under this section.*              | regulations and guidelines):      |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
|                                   | \(7\) [Oil drilling, production,  |
|                                   | or workover facilities            |
|                                   | (offshore)]{.underline}.          |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 35. [Editorial                    |                                   |
|     changes]{.underline}: We      |                                   |
|     added an introduction as an   |                                   |
|     editorial device to allow us  |                                   |
|     to rewrite the section in the |                                   |
|     active voice. Because the     |                                   |
|     owner or operator is the      |                                   |
|     person with responsibility to |                                   |
|     implement a Plan, the         |                                   |
|     mandates of the rule are      |                                   |
|     properly addressed to him,    |                                   |
|     except as specifically noted. |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.11 Spill Prevention,      | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for offshore oil     | and Countermeasure Plans.         |
| drilling, production, or workover |                                   |
| facilities.                       | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(b\) *Use oil drainage           | \(7\) . . .                       |
| collection equipment* to prevent  |                                   |
| and control small oil             | \(ii\) Oil drainage collection    |
| *discharges* around pumps,        | equipment should be used to       |
| glands, valves, flanges,          | prevent and control small oil     |
| expansion joints, hoses, drain    | spillage around pumps, glands,    |
| lines, separators, treaters,      | valves, flanges, expansion        |
| tanks, and *associated*           | joints, hoses, drain lines,       |
| equipment. *You must control and  | separators, treaters, tanks, and  |
| direct facility drains* toward a  | allied equipment. Drains on the   |
| central collection sump *to       | facility should be controlled and |
| prevent the facility from having  | directed toward a central         |
| a discharge as described in       | collection sump or equivalent     |
| §112.1(b).* Where drains and      | collection system sufficient to   |
| sumps are not practicable, *you   | prevent discharges of oil into    |
| must remove* oil contained in     | the navigable waters of the       |
| collection equipment as often as  | United States. Where drains and   |
| necessary to prevent overflow.    | sumps are not practicable oil     |
|                                   | contained in collection equipment |
| \(c\) For facilities employing a  | should be removed as often as     |
| sump system, *provide adequately  | necessary to prevent overflow.    |
| sized sump and drains and make    |                                   |
| available a spare pump* to remove | \(iii\) For facilities employing  |
| liquid from the sump and assure   | a sump system, sump and drains    |
| that oil does not escape. *You    | should be adequately sized and a  |
| must employ a regularly           | spare pump or equivalent method   |
| scheduled* preventive maintenance | should be available to remove     |
| inspection and testing program to | liquid from the sump and assure   |
| assure reliable operation of the  | that oil does not escape. A       |
| liquid removal system and pump    | regular scheduled preventive      |
| start-up device. Redundant        | maintenance inspection and        |
| automatic sump pumps and control  | testing program should be         |
| devices may be required on some   | employed to assure reliable       |
| installations.                    | operation of the liquid removal   |
|                                   | system and pump start-up device.  |
| . . . . . . . . . . . . .         | Redundant automatic sump pumps    |
|                                   | and control devices may be        |
|                                   | required on some installations.   |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 36. [Removal of collected         |                                   |
|     oil]{.underline}: An owner or |                                   |
|     operator must remove          |                                   |
|     collected oil as often as is  |                                   |
|     necessary to prevent such     |                                   |
|     discharges.                   |                                   |
|                                   |                                   |
| 37. [Frequency of                 |                                   |
|     inspections]{.underline}: We  |                                   |
|     retained the old rule         |                                   |
|     language requiring a          |                                   |
|     "regularly scheduled"         |                                   |
|     preventive maintenance        |                                   |
|     program, because we believe   |                                   |
|     that the frequency of         |                                   |
|     maintenance should be in      |                                   |
|     accordance with industry      |                                   |
|     standards or frequently       |                                   |
|     enough to prevent a discharge |                                   |
|     as described in §112.1(b).    |                                   |
|     Whatever schedule is chosen   |                                   |
|     must be documented in the     |                                   |
|     Plan.                         |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.11 Spill Prevention,      | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for offshore oil     | and Countermeasure Plans.         |
| drilling, production, or workover |                                   |
| facilities.                       | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(d\) *At facilities with* areas  | \(7\) . . .                       |
| where separators and treaters are |                                   |
| equipped with dump valves *which  | \(iv\) In areas where separators  |
| predominantly fail* in the closed | and treaters are equipped with    |
| position and *where* pollution    | dump valves whose predominant     |
| risk is high, *specially equip    | mode of failure is in the closed  |
| the facility to prevent the       | position and pollution risk is    |
| discharge* of oil. *You must      | high, the facility should be      |
| prevent the discharge of oil by:* | specially equipped to prevent the |
|                                   | escape of oil. This could be      |
| *(1)* Extending the flare line to | accomplished by extending the     |
| a diked area if the separator is  | flare line to a diked area if the |
| near shore;                       | separator is near shore,          |
|                                   | equipping it with a high liquid   |
| *(2)* Equipping *the separator*   | level sensor that will            |
| with a high liquid level sensor   | automatically shut-in wells       |
| that will automatically shut in   | producing to the separator,       |
| wells producing to the separator; | parallel redundant dump valves,   |
| *or*                              | or other feasible alternatives to |
|                                   | prevent oil discharges.           |
| *(3) Installing* parallel         |                                   |
| redundant dump valves.            | \(v\) Atmospheric storage or      |
|                                   | surge tanks should be equipped    |
| \(e\) *Equip atmospheric storage  | with high liquid level sensing    |
| or surge containers* with high    | devices or other acceptable       |
| liquid level sensing devices      | alternatives to prevent oil       |
| *that activate an alarm or        | discharges.                       |
| control the flow*, *or otherwise  |                                   |
| prevent discharges.*              | \(vi\) Pressure tanks should be   |
|                                   | equipped with high and low        |
| \(f\) *Equip pressure containers  | pressure sensing devices to       |
| with high and low pressure        | activate an alarm and/or control  |
| sensing devices that activate an  | the flow or other acceptable      |
| alarm or control the flow*.       | alternatives to prevent oil       |
|                                   | discharges.                       |
| . . . . . . . . . . . . .         |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 38. [Editorial changes and        |                                   |
|     clarifications]{.underline}:  |                                   |
|     We added the words "that      |                                   |
|     activate an alarm or control  |                                   |
|     the flow" to clarify that     |                                   |
|     these activities, along with  |                                   |
|     "otherwise" controlling       |                                   |
|     discharges, are the purpose   |                                   |
|     of the sensing devices we     |                                   |
|     reference in the paragraph.   |                                   |
|     We deleted the phrase "or     |                                   |
|     other acceptable              |                                   |
|     alternatives," because it is  |                                   |
|     confusing when compared to    |                                   |
|     the text of §112.7(a)(2). An  |                                   |
|     owner or operator may deviate |                                   |
|     from a requirement under      |                                   |
|     §112.7(a)(2) if he explains   |                                   |
|     his reasons for               |                                   |
|     nonconformance and provide    |                                   |
|     equivalent environmental      |                                   |
|     protection.                   |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.11 Spill Prevention,      | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for offshore oil     | and Countermeasure Plans.         |
| drilling, production, or workover |                                   |
| facilities.                       | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(g\) *Equip containers with*     | \(7\) . . .                       |
| suitable corrosion protection.    |                                   |
|                                   | \(vii\) Tanks should be equipped  |
| \(h\) *Prepare and maintain at    | with suitable corrosion           |
| the facility a written procedure  | protection.                       |
| within the Plan for inspecting    |                                   |
| and testing pollution prevention  | \(viii\) A written procedure for  |
| equipment and systems.*           | inspecting and testing pollution  |
|                                   | prevention equipment and systems  |
| \(i\) *Conduct testing and        | should be prepared and maintained |
| inspection* of the pollution      | at the facility. Such procedures  |
| prevention equipment and systems  | should be included as part of the |
| at the *facility on* a scheduled  | SPCC Plan.                        |
| periodic basis, commensurate with |                                   |
| the complexity, conditions, and   | (7)(ix) Testing and inspection of |
| circumstances of the facility and | the pollution prevention          |
| *any other appropriate            | equipment and systems at the      |
| regulations*. *You must use       | facility should be conducted by   |
| simulated discharges for testing  | the owner or operator on a        |
| and inspecting human and          | scheduled periodic basis          |
| equipment pollution control and   | commensurate with the complexity, |
| countermeasure systems.*          | conditions and circumstances of   |
|                                   | the facility or other appropriate |
| . . . . . . . . . . . . .         | regulations.                      |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 39. [Industry                     |                                   |
|     standards]{.underline}*:* We  |                                   |
|     expect that facilities will   |                                   |
|     follow industry standards for |                                   |
|     corrosion protection as well  |                                   |
|     as other matters (see         |                                   |
|     §112.3(d)(iii)). We do not    |                                   |
|     prescribe a particular        |                                   |
|     standards in the rule text    |                                   |
|     because those standards are   |                                   |
|     subject to change, and we do  |                                   |
|     not want to incorporate a     |                                   |
|     potentially obsolescent       |                                   |
|     standard into the rules.      |                                   |
|                                   |                                   |
| > Industry standards that may     |                                   |
| > assist an owner or operator     |                                   |
| > with corrosion include: (1)     |                                   |
| > National Association of         |                                   |
| > Corrosion Engineer standards;   |                                   |
| > (2) STI Recommended Practice    |                                   |
| > R892, "Recommended Practice for |                                   |
| > Corrosion Protection of         |                                   |
| > Underground Steel Piping        |                                   |
| > Associated with Underground     |                                   |
| > Storage and Dispensing          |                                   |
| > Systems," and, (3) STI          |                                   |
| > Recommended Practice 893,       |                                   |
| > "Recommended Practice for       |                                   |
| > External Corrosion of Shop      |                                   |
| > Fabricated Aboveground Steel    |                                   |
| > Storage Tank Floors."           |                                   |
|                                   |                                   |
| 40. [Frequency of                 |                                   |
|     testing]{.underline}: We have |                                   |
|     retained the old requirement  |                                   |
|     for testing on a "scheduled   |                                   |
|     periodic basis" commensurate  |                                   |
|     with conditions at the        |                                   |
|     facility because we believe   |                                   |
|     that testing should follow    |                                   |
|     industry standards or be      |                                   |
|     conducted at a frequency      |                                   |
|     sufficient enough to prevent  |                                   |
|     a discharge as described in   |                                   |
|     §112.1(b) rather than any     |                                   |
|     prescribed time frame.        |                                   |
|     Whatever frequency is chosen  |                                   |
|     must be documented in the     |                                   |
|     Plan.                         |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.11 Spill Prevention,      | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for offshore oil     | and Countermeasure Plans.         |
| drilling, production, or workover |                                   |
| facilities.                       | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(j\) *Describe in detailed       | \(7\) . . .                       |
| records* surface and subsurface   |                                   |
| well shut-in valves and devices   | \(x\) Surface and subsurface well |
| in use at the facility *for each  | shut-in valves and devices in use |
| well sufficiently* to determine   | at the facility should be         |
| *their* method of activation or   | sufficiently described to         |
| control, *such as* pressure       | determine method of activation or |
| differential, change in fluid or  | control, e.g., pressure           |
| flow conditions, combination of   | differential, change in fluid or  |
| pressure and flow, manual or      | flow conditions, combination of   |
| remote control mechanisms.        | pressure and flow, manual or      |
|                                   | remote control mechanisms.        |
| \(k\) *Install a BOP assembly and | Detailed records for each well,   |
| well control system during        | while not necessarily part of the |
| workover operations and before    | plan should be kept by the owner  |
| drilling below any casing string. | or operator.                      |
| The BOP assembly and well control |                                   |
| system must be capable* of        | \(xi\) Before drilling below any  |
| controlling any well-head         | casing string, and during         |
| pressure that *may be             | workover operations a blowout     |
| encountered* while the BOP        | preventer (BOP) assembly and well |
| assembly *and well control system | control system should be          |
| are* on the well.                 | installed that is capable of      |
|                                   | controlling any well-head         |
| \(l\) *Equip all manifolds        | pressure that is expected to be   |
| (headers) with check valves on    | encountered while that BOP        |
| individual flowlines.*            | assembly is on the well. Casing   |
|                                   | and BOP installations should be   |
| . . . . . . . . . . . . .         | in accordance with State          |
|                                   | regulatory agency requirements.   |
|                                   |                                   |
|                                   | \(xiv\) All manifolds (headers)   |
|                                   | should be equipped with check     |
|                                   | valves on individual flowlines.   |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 41. [Editorial changes and        |                                   |
|     clarifications]{.underline}:  |                                   |
|     We kept the recordkeeping     |                                   |
|     requirement of the old rule,  |                                   |
|     but deleted language          |                                   |
|     requiring maintenance of      |                                   |
|     those records for five years. |                                   |
|     The effect of the deletion is |                                   |
|     that records become subject   |                                   |
|     to the general three-year     |                                   |
|     recordkeeping requirement.    |                                   |
|     See §112.7(e). An owner or    |                                   |
|     operator may keep the records |                                   |
|     as part of the Plan or may    |                                   |
|     keep them with the Plan.      |                                   |
|                                   |                                   |
| 42. [Alternatives]{.underline}*:* |                                   |
|     The question of whether       |                                   |
|     blowout prevention is         |                                   |
|     warranted or impractical or   |                                   |
|     not for drilling below        |                                   |
|     condctor casing is one of     |                                   |
|     good engineering practice.    |                                   |
|     Acceptable alternatives may   |                                   |
|     be permissible under the rule |                                   |
|     permitting deviations         |                                   |
|     (§112.7(a)(2)) when the owner |                                   |
|     or operator states the        |                                   |
|     reasons for nonconformance    |                                   |
|     and provides equivalent       |                                   |
|     environmental protection.     |                                   |
|                                   |                                   |
| 43. [Industry                     |                                   |
|     standards]{.underline}:       |                                   |
|     Industry standards that may   |                                   |
|     assist an owner or operator   |                                   |
|     with offshore blowout         |                                   |
|     prevention assembly and well  |                                   |
|     control systems include: (1)  |                                   |
|     API Recommended Practice 16E, |                                   |
|     "Design of Control Systems    |                                   |
|     for Drilling Well Control     |                                   |
|     Equipment"; (2) API           |                                   |
|     Recommended Practice 53,      |                                   |
|     "Blowout Prevention Equipment |                                   |
|     Systems for Drilling          |                                   |
|     Operations"; (3) API          |                                   |
|     Specification 16A, "Drill     |                                   |
|     Through Equipment"; (4) API   |                                   |
|     Specification 16C, "Choke and |                                   |
|     Kill Systems"; and, (5) API   |                                   |
|     Specification 16D, "Control   |                                   |
|     Systems for Drilling Well     |                                   |
|     Control Equipment."           |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec.112.11 Spill Prevention,      | Sec.112.7 General requirements    |
| Control, and Countermeasure Plan  | for Spill Prevention, Control,    |
| requirements for offshore oil     | and Countermeasure Plans.         |
| drilling, production, or workover |                                   |
| facilities.                       | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . . . . . . . . . . .         | \(e\) . . .                       |
|                                   |                                   |
| \(m\) *Equip the flowline with a  | \(7\) . . .                       |
| high pressure sensing device and  |                                   |
| shut-in valve at the wellhead if  | \(xv\) If the shut-in well        |
| the shut-in well pressure is      | pressure is greater than the      |
| greater than the working pressure | working pressure of the flowline  |
| of the flowline and manifold      | and manifold valves up to and     |
| valves up to and including the    | including the header valves       |
| header valves. Alternatively you  | associated with that individual   |
| may provide a pressure relief     | flowline, the flowline should be  |
| system for flowlines.*            | equipped with a high pressure     |
|                                   | sensing device and shut-in valve  |
| \(n\) *Protect all piping         | at the wellhead unless provided   |
| appurtenant to the facility from  | with a pressure relief system to  |
| corrosion, such as with           | prevent over pressuring.          |
| protective coatings or cathodic   |                                   |
| protection.*                      | \(xvi\) All pipelines appurtenant |
|                                   | to the facility should be         |
| \(o\) *Adequately protect*        | protected from corrosion. Methods |
| sub-marine *piping* appurtenant   | used, such as protective coatings |
| to the *facility against*         | or cathodic protection, should be |
| environmental stresses and other  | discussed.                        |
| activities such as fishing        |                                   |
| operations.                       | \(xvii\) Sub-marine pipelines     |
|                                   | appurtenant to the facility       |
| \(p\) *Maintain sub-marine piping | should be adequately protected    |
| appurtenant to the facility in    | against environmental stresses    |
| good operating condition at all   | and other activities such as      |
| times. You must periodically and  | fishing operations.               |
| according to a schedule inspect   |                                   |
| or test such piping for failures. | \(xviii\) Sub-marine pipelines    |
| You must document and keep a      | appurtenant to the facility       |
| record of such inspections or     | should be in good operating       |
| tests at the facility.*           | condition at all times and        |
|                                   | inspected on a scheduled periodic |
|                                   | basis for failures. Such          |
|                                   | inspections should be documented  |
|                                   | and maintained at the facility.   |
|                                   |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 44. [Corrosion                    |                                   |
|     protection]{.underline}: We   |                                   |
|     have deleted the              |                                   |
|     recommendation to discuss the |                                   |
|     method of corrosion           |                                   |
|     protection, because it is     |                                   |
|     surplus. In your SPCC Plan,   |                                   |
|     an owner or operator must     |                                   |
|     discuss the method of         |                                   |
|     corrosion protection used.    |                                   |
|     See §112.7(a)(1).             |                                   |
|                                   |                                   |
| 45. [Editorial changes and        |                                   |
|     clarifications]{.underline}:  |                                   |
|     We have rewritten the rule in |                                   |
|     the active voice. We also     |                                   |
|     deleted the proposed          |                                   |
|     recommendation because this   |                                   |
|     rule contains only mandatory  |                                   |
|     items, and because the        |                                   |
|     recommendation is redundant.  |                                   |
|     Whatever manner of protection |                                   |
|     is chosen to protect          |                                   |
|     sub-marine piping must be     |                                   |
|     discussed in the Plan.        |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Subpart C]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| *4. Part 112 is amended by adding | \[No direct counterpart in old    |
| subpart C consisting of §§112.12  | rule.\]                           |
| through 112.15 to read as         |                                   |
| follows:*                         |                                   |
|                                   |                                   |
| *SUBPART C - Requirements for     |                                   |
| Animal Fats and Oils and Greases, |                                   |
| and Fish and Marine Mammal Oils;  |                                   |
| and for Vegetable Oils, including |                                   |
| Oils from Seeds, Nuts, Fruits,    |                                   |
| and Kernels.*                     |                                   |
|                                   |                                   |
| *Sec.*                            |                                   |
|                                   |                                   |
| *112.12 Spill Prevention,         |                                   |
| Control, and Countermeasure Plan  |                                   |
| requirements for onshore          |                                   |
| facilities (excluding production  |                                   |
| facilities).*                     |                                   |
|                                   |                                   |
| *112.13 Spill Prevention,         |                                   |
| Control, and Countermeasure Plan  |                                   |
| requirements for onshore oil      |                                   |
| production facilities.*           |                                   |
|                                   |                                   |
| *112.14 Spill Prevention,         |                                   |
| Control, and Countermeasure Plan  |                                   |
| requirements for onshore oil      |                                   |
| drilling and workover             |                                   |
| facilities.*                      |                                   |
|                                   |                                   |
| *112.15 Spill Prevention,         |                                   |
| Control, and Countermeasure Plan  |                                   |
| requirements for offshore oil     |                                   |
| drilling, production, or workover |                                   |
| facilities.*                      |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 46. [Reorganization]{.underline}: |                                   |
|     We reorganized the rule to    |                                   |
|     clarify SPCC Plan             |                                   |
|     requirements for different    |                                   |
|     types of facilities, and to   |                                   |
|     provide requirements for      |                                   |
|     different types of oil.       |                                   |
|     Subpart A consists of an      |                                   |
|     applicability section,        |                                   |
|     definitions, and general      |                                   |
|     requirements for all          |                                   |
|     facilities. Subparts B and C  |                                   |
|     outline the requirements for  |                                   |
|     different types of oils.      |                                   |
|     Subpart B is for petroleum    |                                   |
|     oils and non-petroleum oils,  |                                   |
|     except for animal fats and    |                                   |
|     vegetable oils. Subpart C is  |                                   |
|     for animal fats and oils and  |                                   |
|     greases, and fish and marine  |                                   |
|     mammal oils; and for          |                                   |
|     vegetable oils, including     |                                   |
|     oils from seeds, nuts,        |                                   |
|     fruits, and kernels. Subpart  |                                   |
|     D is for response. Subparts B |                                   |
|     and C are divided into        |                                   |
|     sections to reflect the       |                                   |
|     differing types of facilities |                                   |
|     for each type of oil. Subpart |                                   |
|     D is for response             |                                   |
|     requirements.                 |                                   |
|                                   |                                   |
| > Because EPA has not yet         |                                   |
| > proposed differentiated         |                                   |
| > requirements for public notice  |                                   |
| > and comment, the requirements   |                                   |
| > for facilities storing or using |                                   |
| > all classes of oil are the      |                                   |
| > same. However, we have          |                                   |
| > published an advance notice of  |                                   |
| > proposed rulemaking seeking     |                                   |
| > comments on how we might        |                                   |
| > differentiate requirements for  |                                   |
| > facilities storing or using the |                                   |
| > various classes of oil. See 64  |                                   |
| > FR 17227, April 8, 1999. After  |                                   |
| > considering these comments, if  |                                   |
| > there is adequate justification |                                   |
| > for differentiation, we will    |                                   |
| > propose a rule.                 |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Sections 112.12 - 112.15]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| SUBPART C -- Requirements for     |                                   |
| Animal Fats and Oils and Greases, |                                   |
| and Fish and Marine Mammal Oils;  |                                   |
| and for Vegetable Oils, including |                                   |
| Oils from Seeds, Nuts, Fruits,    |                                   |
| and Kernels.                      |                                   |
+-----------------------------------+-----------------------------------+
| **For text comparison on\...**    | **See\...**                       |
+-----------------------------------+-----------------------------------+
| *Sec. 112.12 Spill Prevention,    | Sec. 112.8 Spill Prevention,      |
| Control, and Countermeasure Plan  | Control, and Countermeasure Plan  |
| requirements for onshore          | requirements for onshore          |
| facilities (excluding production  | facilities (excluding production  |
| facilities).*                     | facilities).                      |
+-----------------------------------+-----------------------------------+
| *Sec. 112.13 Spill Prevention,    | Sec. 112.9 Spill Prevention,      |
| Control, and Countermeasure Plan  | Control, and Countermeasure Plan  |
| requirements for onshore oil      | requirements for onshore oil      |
| production facilities.*           | production facilities.            |
+-----------------------------------+-----------------------------------+
| *Sec. 112.14 Spill Prevention,    | Sec. 112.10 Spill Prevention,     |
| Control, and Countermeasure Plan  | Control, and Countermeasure Plan  |
| requirements for onshore oil      | requirements for onshore oil      |
| drilling and workover             | drilling and workover facilities. |
| facilities.*                      |                                   |
+-----------------------------------+-----------------------------------+
| *Sec. 112.15 Spill Prevention,    | Sec. 112.11 Spill Prevention,     |
| Control, and Countermeasure Plan  | Control, and Countermeasure Plan  |
| requirements for offshore oil     | requirements for offshore oil     |
| drilling, production, or workover | drilling, production, or workover |
| facilities.*                      | facilities.                       |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 47. [Reorganization]{.underline}: |                                   |
|     We reorganized the rule to    |                                   |
|     clarify SPCC Plan             |                                   |
|     requirements for different    |                                   |
|     types of facilities, and to   |                                   |
|     provide requirements for      |                                   |
|     different types of oil.       |                                   |
|     Subpart C is for animal fats  |                                   |
|     and oils and greases, and     |                                   |
|     fish and marine mammal oils;  |                                   |
|     and for vegetable oils,       |                                   |
|     including oils from seeds,    |                                   |
|     nuts, fruits, and kernels.    |                                   |
|     Subpart D is for response.    |                                   |
|     Subpart C is divided into     |                                   |
|     sections to reflect the       |                                   |
|     differing types of facilities |                                   |
|     for each type of oil.         |                                   |
|                                   |                                   |
| > Because EPA has not yet         |                                   |
| > proposed differentiated         |                                   |
| > requirements for public notice  |                                   |
| > and comment, the requirements   |                                   |
| > for facilities storing or using |                                   |
| > all classes of oil are the      |                                   |
| > same. However, we have          |                                   |
| > published an advance notice of  |                                   |
| > proposed rulemaking seeking     |                                   |
| > comments on how we might        |                                   |
| > differentiate requirements for  |                                   |
| > facilities storing or using the |                                   |
| > various classes of oil. See 64  |                                   |
| > FR 17227, April 8, 1999. After  |                                   |
| > considering these comments, if  |                                   |
| > there is adequate justification |                                   |
| > for differentiation, we will    |                                   |
| > propose a rule.                 |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Subpart D]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| *5. Part 112 is amended by        | \[No direct counterpart in old    |
| designating §§112.20 and 112.21   | rule.\]                           |
| as subpart D, and adding a        |                                   |
| subpart heading as follows:*      |                                   |
|                                   |                                   |
| *SUBPART D - Response             |                                   |
| Requirements*                     |                                   |
|                                   |                                   |
| *Sec.*                            |                                   |
|                                   |                                   |
| *112.20 Facility response plans.* |                                   |
|                                   |                                   |
| *112.21 Facility response         |                                   |
| training and drills/exercises.*   |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 48. [Reorganization]{.underline}: |                                   |
|     We reorganized the rule to    |                                   |
|     clarify SPCC Plan             |                                   |
|     requirements for different    |                                   |
|     types of facilities, and to   |                                   |
|     provide requirements for      |                                   |
|     different types of oil.       |                                   |
|     Subpart A consists of an      |                                   |
|     applicability section,        |                                   |
|     definitions, and general      |                                   |
|     requirements for all          |                                   |
|     facilities. Subparts B and C  |                                   |
|     outline the requirements for  |                                   |
|     different types of oils.      |                                   |
|     Subpart B is for petroleum    |                                   |
|     oils and non-petroleum oils,  |                                   |
|     except for animal fats and    |                                   |
|     vegetable oils. Subpart C is  |                                   |
|     for animal fats and oils and  |                                   |
|     greases, and fish and marine  |                                   |
|     mammal oils; and for          |                                   |
|     vegetable oils, including     |                                   |
|     oils from seeds, nuts,        |                                   |
|     fruits, and kernels. Subpart  |                                   |
|     D is for response. Subparts B |                                   |
|     and C are divided into        |                                   |
|     sections to reflect the       |                                   |
|     differing types of facilities |                                   |
|     for each type of oil. Subpart |                                   |
|     D is for response             |                                   |
|     requirements.                 |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Sec. 112.20 Facility Response     | Sec.112.20 Facility Response      |
| Plans.                            | Plans.                            |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(h\) A response plan shall       | \(h\) A response plan shall       |
| follow the format of the model    | follow the format of the model    |
| facility-specific response plan   | facility- specific response plan  |
| included in Appendix F to this    | included in Appendix F to this    |
| part, unless *you have prepared*  | part, unless an equivalent        |
| an equivalent response plan       | response plan has been prepared   |
| *acceptable to the Regional       | to meet State or other Federal    |
| Administrator* to meet State or   | requirements.                     |
| other Federal requirements.       |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . .           |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 49. [Acceptable                   |                                   |
|     formats]{.underline}: The     |                                   |
|     rule does not specifically    |                                   |
|     mention the ICP or any other  |                                   |
|     format because the rule       |                                   |
|     already allows the Regional   |                                   |
|     Administrator flexibility to  |                                   |
|     accept any format that meets  |                                   |
|     all Federal requirements. See |                                   |
|     §112.20(h). An owner or       |                                   |
|     operator may use the ICP, a   |                                   |
|     State response plan, or other |                                   |
|     format acceptable to the      |                                   |
|     Regional Administrator. We do |                                   |
|     not require use of any        |                                   |
|     alternative format, but       |                                   |
|     merely give the owner or      |                                   |
|     operator the option to do so. |                                   |
|                                   |                                   |
| 50. [Partially acceptable         |                                   |
|     formats]{.underline}: An      |                                   |
|     owner or operator has the     |                                   |
|     option to integrate any or    |                                   |
|     all parts of an ICP with the  |                                   |
|     facility response plan. This  |                                   |
|     gives the owner or operator   |                                   |
|     flexibility in formatting.    |                                   |
|     Similar to SPCC Plans, the    |                                   |
|     Regional Administrator may    |                                   |
|     accept partial use of         |                                   |
|     alternative formats.          |                                   |
|                                   |                                   |
| 51. [PE                           |                                   |
|     certification]{.underline}:   |                                   |
|     PE certification is only      |                                   |
|     required for the SPCC portion |                                   |
|     of any ICP.                   |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

[]{#Appendices .anchor}**[Appendices]{.smallcaps}**

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Appendix A]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix A to Part 112 -          | Appendix A to Part 112 -          |
| Memorandum of Understanding       | Memorandum of Understanding       |
| Between the Secretary of          | Between the Secretary of          |
| Transportation and the            | Transportation and the            |
| Administrator of the              | Administrator of the              |
| Environmental Protection Agency   | Environmental Protection Agency   |
|                                   |                                   |
| \[no revisions\]                  | Section II - Definitions.         |
|                                   |                                   |
|                                   | The Environmental Protection      |
|                                   | Agency and the Department of      |
|                                   | Transportation agree that for the |
|                                   | purpose of Executive Order 11548, |
|                                   | the term:                         |
|                                   |                                   |
|                                   | \(1\) *Non-transportation-related |
|                                   | onshore and offshore facilities*  |
|                                   | means:                            |
|                                   |                                   |
|                                   | \(A\) Fixed onshore and offshore  |
|                                   | oil well drilling facilities      |
|                                   | including all equipment and       |
|                                   | appurtenances related thereto     |
|                                   | used in drilling operations for   |
|                                   | exploratory or development wells, |
|                                   | but excluding any terminal        |
|                                   | facility, unit or process         |
|                                   | integrally associated with the    |
|                                   | handling or transferring of oil   |
|                                   | in bulk to or from a vessel.      |
|                                   |                                   |
|                                   | \(B\) Mobile onshore and offshore |
|                                   | oil well drilling platforms,      |
|                                   | barges, trucks, or other mobile   |
|                                   | facilities including all          |
|                                   | equipment and appurtenances       |
|                                   | related thereto when such mobile  |
|                                   | facilities are fixed in position  |
|                                   | for the purpose of drilling       |
|                                   | operations for exploratory or     |
|                                   | development wells, but excluding  |
|                                   | any terminal facility, unit or    |
|                                   | process integrally associated     |
|                                   | with the handling or transferring |
|                                   | of oil in bulk to or from a       |
|                                   | vessel.                           |
|                                   |                                   |
|                                   | \(C\) Fixed onshore and offshore  |
|                                   | oil production structures,        |
|                                   | platforms, derricks, and rigs     |
|                                   | including all equipment and       |
|                                   | appurtenances related thereto, as |
|                                   | well as completed wells and the   |
|                                   | wellhead separators, oil          |
|                                   | separators, and storage           |
|                                   | facilities used in the production |
|                                   | of oil, but excluding any         |
|                                   | terminal facility, unit or        |
|                                   | process integrally associated     |
|                                   | with the handling or transferring |
|                                   | of oil in bulk to or from a       |
|                                   | vessel.                           |
+-----------------------------------+-----------------------------------+
| **Notes:**                        |                                   |
|                                   |                                   |
| No revisions were made to         |                                   |
| Appendix A to Part 112            |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix A to Part 112 -          | Appendix A to Part 112 -          |
| Memorandum of Understanding       | Memorandum of Understanding       |
| Between the Secretary of          | Between the Secretary of          |
| Transportation and the            | Transportation and the            |
| Administrator of the              | Administrator of the              |
| Environmental Protection Agency   | Environmental Protection Agency   |
|                                   |                                   |
| \[no revisions\]                  | . . . . . . . . . . . . .         |
|                                   |                                   |
|                                   | \(1\) \...                        |
|                                   |                                   |
|                                   | \(D\) Mobile onshore and offshore |
|                                   | oil production facilities         |
|                                   | including all equipment and       |
|                                   | appurtenances related thereto as  |
|                                   | well as completed wells and       |
|                                   | wellhead equipment, piping from   |
|                                   | wellheads to oil separators, oil  |
|                                   | separators, and storage           |
|                                   | facilities used in the production |
|                                   | of oil when such mobile           |
|                                   | facilities are fixed in position  |
|                                   | for the purpose of oil production |
|                                   | operations, but excluding any     |
|                                   | terminal facility, unit or        |
|                                   | process integrally associated     |
|                                   | with the handling or transferring |
|                                   | of oil in bulk to or from a       |
|                                   | vessel.                           |
|                                   |                                   |
|                                   | \(E\) Oil refining facilities     |
|                                   | including all equipment and       |
|                                   | appurtenances related thereto as  |
|                                   | well as in-plant processing       |
|                                   | units, storage units, piping,     |
|                                   | drainage systems and waste        |
|                                   | treatment units used in the       |
|                                   | refining of oil, but excluding    |
|                                   | any terminal facility, unit or    |
|                                   | process integrally associated     |
|                                   | with the handling or transferring |
|                                   | of oil in bulk to or from a       |
|                                   | vessel.                           |
|                                   |                                   |
|                                   | \(F\) Oil storage facilities      |
|                                   | including all equipment and       |
|                                   | appurtenances related thereto as  |
|                                   | well as fixed bulk plant storage, |
|                                   | terminal oil storage facilities,  |
|                                   | consumer storage, pumps and       |
|                                   | drainage systems used in the      |
|                                   | storage of oil, but excluding     |
|                                   | inline or breakout storage tanks  |
|                                   | needed for the continuous         |
|                                   | operation of a pipeline system    |
|                                   | and any terminal facility, unit   |
|                                   | or process integrally associated  |
|                                   | with the handling or transferring |
|                                   | of oil in bulk to or from a       |
|                                   | vessel.                           |
+-----------------------------------+-----------------------------------+
| **Notes:**                        |                                   |
|                                   |                                   |
| No revisions were made to         |                                   |
| Appendix A to Part 112            |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix A to Part 112 -          | Appendix A to Part 112 -          |
| Memorandum of Understanding       | Memorandum of Understanding       |
| Between the Secretary of          | Between the Secretary of          |
| Transportation and the            | Transportation and the            |
| Administrator of the              | Administrator of the              |
| Environmental Protection Agency   | Environmental Protection Agency   |
|                                   |                                   |
| \[no revisions\]                  | . . . . . . . . . . . . .         |
|                                   |                                   |
|                                   | \(1\) \...                        |
|                                   |                                   |
|                                   | \(G\) Industrial, commercial,     |
|                                   | agricultural, or public           |
|                                   | facilities which use and store    |
|                                   | oil, but excluding any terminal   |
|                                   | facility, unit or process         |
|                                   | integrally associated with the    |
|                                   | handling or transferring of oil   |
|                                   | in bulk to or from a vessel.      |
|                                   |                                   |
|                                   | \(H\) Waste treatment facilities  |
|                                   | including in-plant pipelines,     |
|                                   | effluent discharge lines, and     |
|                                   | storage tanks, but excluding      |
|                                   | waste treatment facilities        |
|                                   | located on vessels and terminal   |
|                                   | storage tanks and appurtenances   |
|                                   | for the reception of oily ballast |
|                                   | water or tank washings from       |
|                                   | vessels and associated systems    |
|                                   | used for off-loading vessels.     |
|                                   |                                   |
|                                   | \(I\) Loading racks, transfer     |
|                                   | hoses, loading arms and other     |
|                                   | equipment which are appurtenant   |
|                                   | to a nontransportation-related    |
|                                   | facility or terminal facility and |
|                                   | which are used to transfer oil in |
|                                   | bulk to or from highway vehicles  |
|                                   | or railroad cars.                 |
|                                   |                                   |
|                                   | \(J\) Highway vehicles and        |
|                                   | railroad cars which are used for  |
|                                   | the transport of oil exclusively  |
|                                   | within the confines of a          |
|                                   | nontransportation-related         |
|                                   | facility and which are not        |
|                                   | intended to transport oil in      |
|                                   | interstate or intrastate          |
|                                   | commerce.                         |
|                                   |                                   |
|                                   | \(K\) Pipeline systems which are  |
|                                   | used for the transport of oil     |
|                                   | exclusively within the confines   |
|                                   | of a nontransportation-related    |
|                                   | facility or terminal facility and |
|                                   | which are not intended to         |
|                                   | transport oil in interstate or    |
|                                   | intrastate commerce, but          |
|                                   | excluding pipeline systems used   |
|                                   | to transfer oil in bulk to or     |
|                                   | from a vessel.                    |
+-----------------------------------+-----------------------------------+
| **Notes:**                        |                                   |
|                                   |                                   |
| No revisions were made to         |                                   |
| Appendix A to Part 112            |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix A to Part 112 -          | Appendix A to Part 112 -          |
| Memorandum of Understanding       | Memorandum of Understanding       |
| Between the Secretary of          | Between the Secretary of          |
| Transportation and the            | Transportation and the            |
| Administrator of the              | Administrator of the              |
| Environmental Protection Agency   | Environmental Protection Agency   |
|                                   |                                   |
| \[no revisions\]                  | . . . . . . . . . . . . .         |
|                                   |                                   |
|                                   | \(2\) *Transportation-related     |
|                                   | onshore and offshore facilities*  |
|                                   | means:                            |
|                                   |                                   |
|                                   | \(A\) Onshore and offshore        |
|                                   | terminal facilities including     |
|                                   | transfer hoses, loading arms, and |
|                                   | other equipment and appurtenances |
|                                   | used for the purpose of handling  |
|                                   | or transferring oil in bulk to or |
|                                   | from a vessel as well as storage  |
|                                   | tanks and appurtenances for the   |
|                                   | reception of oily ballast water   |
|                                   | or tank washings from vessels,    |
|                                   | but excluding terminal waste      |
|                                   | treatment facilities and terminal |
|                                   | oil storage facilities.           |
|                                   |                                   |
|                                   | \(B\) Transfer hoses, loading     |
|                                   | arms and other equipment          |
|                                   | appurtenant to a                  |
|                                   | non-transportation-related        |
|                                   | facility which is used to         |
|                                   | transfer oil in bulk to or from a |
|                                   | vessel.                           |
|                                   |                                   |
|                                   | \(C\) Interstate and intrastate   |
|                                   | onshore and offshore pipeline     |
|                                   | systems including pumps and       |
|                                   | appurtenances related thereto as  |
|                                   | well as in-line or breakout       |
|                                   | storage tanks needed for the      |
|                                   | continuous operation of a         |
|                                   | pipeline system, and pipelines    |
|                                   | from onshore and offshore oil     |
|                                   | production facilities, but        |
|                                   | excluding onshore and offshore    |
|                                   | piping from wellheads to oil      |
|                                   | separators and pipelines which    |
|                                   | are used for the transport of oil |
|                                   | exclusively within the confines   |
|                                   | of a nontransportation-related    |
|                                   | facility or terminal facility and |
|                                   | which are not intended to         |
|                                   | transport oil in interstate or    |
|                                   | intrastate commerce or to         |
|                                   | transfer oil in bulk to or from a |
|                                   | vessel.                           |
+-----------------------------------+-----------------------------------+
| **Notes:**                        |                                   |
|                                   |                                   |
| No revisions were made to         |                                   |
| Appendix A to Part 112            |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix A to Part 112 -          | Appendix A to Part 112 -          |
| Memorandum of Understanding       | Memorandum of Understanding       |
| Between the Secretary of          | Between the Secretary of          |
| Transportation and the            | Transportation and the            |
| Administrator of the              | Administrator of the              |
| Environmental Protection Agency   | Environmental Protection Agency   |
|                                   |                                   |
| \[no revisions\]                  | . . . . . . . . . . . . .         |
|                                   |                                   |
|                                   | \(2\) \...                        |
|                                   |                                   |
|                                   | \(D\) Highway vehicles and        |
|                                   | railroad cars which are used for  |
|                                   | the transport of oil in           |
|                                   | interstate or intrastate commerce |
|                                   | and the equipment and             |
|                                   | appurtenances related thereto,    |
|                                   | and equipment used for the        |
|                                   | fueling of locomotive units, as   |
|                                   | well as the rights-of-way on      |
|                                   | which they operate. Excluded are  |
|                                   | highway vehicles and railroad     |
|                                   | cars and motive power used        |
|                                   | exclusively within the confines   |
|                                   | of a nontransportation-related    |
|                                   | facility or terminal facility and |
|                                   | which are not intended for use in |
|                                   | interstate or intrastate          |
|                                   | commerce.                         |
+-----------------------------------+-----------------------------------+
| **Notes:**                        |                                   |
|                                   |                                   |
| No revisions were made to         |                                   |
| Appendix A to Part 112            |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Appendix B]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix B to Part 112 -          | Appendix B to Part 112 -          |
| Memorandum of Understanding Among | Memorandum of Understanding Among |
| the Secretary of the Interior,    | the Secretary of the Interior,    |
| Secretary of Transportation, and  | Secretary of Transportation, and  |
| Administrator of the              | Administrator of the              |
| Environmental Protection Agency   | Environmental Protection Agency   |
|                                   |                                   |
| \[no revisions\]                  | PURPOSE. This Memorandum of       |
|                                   | Understanding (MOU) establishes   |
|                                   | the jurisdictional                |
|                                   | responsibilities for offshore     |
|                                   | facilities, including pipelines,  |
|                                   | pursuant to section 311(j)(1)(c), |
|                                   | (j)(5), and j(6)(A) of the Clean  |
|                                   | Water Act (CWA), as amended by    |
|                                   | the Oil Pollution Act of 1990     |
|                                   | (Public Law 101-380). The         |
|                                   | Secretary of the Department of    |
|                                   | the Interior (DOI), Secretary of  |
|                                   | the Department of Transportation  |
|                                   | (DOT), and Administrator of the   |
|                                   | Environmental Protection Agency   |
|                                   | (EPA) agree to the division of    |
|                                   | responsibilities set forth below  |
|                                   | for spill prevention and control, |
|                                   | response planning, and equipment  |
|                                   | inspection activities pursuant to |
|                                   | those provisions.                 |
|                                   |                                   |
|                                   | BACKGROUND. Executive Order       |
|                                   | (E.O.) 12777 (56 FR 54757)        |
|                                   | delegates to DOI, DOT, and EPA    |
|                                   | various responsibilities          |
|                                   | identified in section 311(j) of   |
|                                   | the CWA. Sections 2(b)(3),        |
|                                   | 2(d)(3), and 2(e)(3) of E.O.      |
|                                   | 12777 assigned to DOI spill       |
|                                   | prevention and control,           |
|                                   | contingency planning, and         |
|                                   | equipment inspection activities   |
|                                   | associated with offshore          |
|                                   | facilities. Section 311(a)(11)    |
|                                   | defines the term "offshore        |
|                                   | facility" to include facilities   |
|                                   | of any kind located in, on, or    |
|                                   | under navigable waters of the     |
|                                   | United States. By using this      |
|                                   | definition, the traditional DOI   |
|                                   | role of regulating facilities on  |
|                                   | the Outer Continental Shelf is    |
|                                   | expanded by E.O. 12777 to include |
|                                   | inland lakes, rivers, streams,    |
|                                   | and any other inland waters.      |
+-----------------------------------+-----------------------------------+
| **Notes:**                        |                                   |
|                                   |                                   |
| No revisions were made to         |                                   |
| Appendix B to Part 112            |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix B to Part 112 -          | Appendix B to Part 112 -          |
| Memorandum of Understanding Among | Memorandum of Understanding Among |
| the Secretary of the Interior,    | the Secretary of the Interior,    |
| Secretary of Transportation, and  | Secretary of Transportation, and  |
| Administrator of the              | Administrator of the              |
| Environmental Protection Agency   | Environmental Protection Agency   |
|                                   |                                   |
| \[no revisions\]                  | . . . . . . . . . . . . .         |
|                                   |                                   |
|                                   | RESPONSIBILITIES. Pursuant to     |
|                                   | section 2(i) of E.O. 12777, DOI   |
|                                   | redelegates, and EPA and DOT      |
|                                   | agree to assume, the functions    |
|                                   | vested in DOI by sections         |
|                                   | 2(b)(3), 2(d)(3), and 2(e)(3) of  |
|                                   | E.O. 12777 as set forth below.    |
|                                   | For purposes of this MOU, the     |
|                                   | term "coast line" shall be        |
|                                   | defined as in the Submerged Lands |
|                                   | Act (43 U.S.C. 1301(c)) to mean   |
|                                   | "the line of ordinary low water   |
|                                   | long that portion of the coast    |
|                                   | which is in direct contact with   |
|                                   | the open sea and the line marking |
|                                   | the seaward limit of inland       |
|                                   | waters."                          |
|                                   |                                   |
|                                   | 1\. To EPA, DOI redelegates       |
|                                   | responsibility for                |
|                                   | non-transportation-related        |
|                                   | offshore facilities located       |
|                                   | landward of the coast line.       |
|                                   |                                   |
|                                   | 2\. To DOT, DOI redelegates       |
|                                   | responsibility for                |
|                                   | transportation-related            |
|                                   | facilities, including pipelines,  |
|                                   | located landward of the coast     |
|                                   | line. The DOT retains             |
|                                   | jurisdiction for deepwater ports  |
|                                   | and their associated seaward      |
|                                   | pipelines, as delegated by E.O.   |
|                                   | 12777.                            |
|                                   |                                   |
|                                   | 3\. The DOI retains jurisdiction  |
|                                   | over facilities, including        |
|                                   | pipelines, located seaward of the |
|                                   | coast line, except for deepwater  |
|                                   | ports and associated seaward      |
|                                   | pipelines delegated by E.O. 12777 |
|                                   | to DOT.                           |
|                                   |                                   |
|                                   | EFFECTIVE DATE. This MOU is       |
|                                   | effective on the date of the      |
|                                   | final execution by the indicated  |
|                                   | signatories.                      |
+-----------------------------------+-----------------------------------+
| **Notes:**                        |                                   |
|                                   |                                   |
| No revisions were made to         |                                   |
| Appendix B to Part 112            |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix B to Part 112 -          | Appendix B to Part 112 -          |
| Memorandum of Understanding Among | Memorandum of Understanding Among |
| the Secretary of the Interior,    | the Secretary of the Interior,    |
| Secretary of Transportation, and  | Secretary of Transportation, and  |
| Administrator of the              | Administrator of the              |
| Environmental Protection Agency   | Environmental Protection Agency   |
|                                   |                                   |
| \[no revisions\]                  | . . . . . . . . . . . . .         |
|                                   |                                   |
|                                   | LIMITATIONS.                      |
|                                   |                                   |
|                                   | 1\. The DOI, DOT, and EPA may     |
|                                   | agree in writing to exceptions to |
|                                   | this MOU on a facility-specific   |
|                                   | basis. Affected parties will      |
|                                   | receive notification of the       |
|                                   | exceptions.                       |
|                                   |                                   |
|                                   | 2\. Nothing in this MOU is        |
|                                   | intended to replace, supersede,   |
|                                   | or modify any existing agreements |
|                                   | between or among DOI, DOT, or     |
|                                   | EPA.                              |
|                                   |                                   |
|                                   | MODIFICATION AND TERMINATION. Any |
|                                   | part to this agreement may        |
|                                   | propose modifications by          |
|                                   | submitting them in writing to the |
|                                   | heads of the other                |
|                                   | agency/department. No             |
|                                   | modification may be adopted       |
|                                   | except with the consent of all    |
|                                   | parties. All parties shall        |
|                                   | indicate their consent to or      |
|                                   | disagreement with any proposed    |
|                                   | modification within 60 days of    |
|                                   | receipt. Upon the request of any  |
|                                   | party, representatives of all     |
|                                   | parties shall meet for the        |
|                                   | purpose of considering exceptions |
|                                   | or modifications to this          |
|                                   | agreement. This MOU may be        |
|                                   | terminated only with the mutual   |
|                                   | consent of all parties.           |
|                                   |                                   |
|                                   | Dated: November 8, 1993.          |
|                                   |                                   |
|                                   | Bruce Babbitt, Secretary of the   |
|                                   | Interior.                         |
|                                   |                                   |
|                                   | Dated: December 14, 1993.         |
|                                   |                                   |
|                                   | Frederico Peña, Secretary of      |
|                                   | Transportation.                   |
|                                   |                                   |
|                                   | Dated: February 3, 1994.          |
|                                   |                                   |
|                                   | Carol M. Browner, Administrator,  |
|                                   | Environmental Protection Agency.  |
|                                   |                                   |
|                                   | \[59 FR 34102, July 1, 1994\]     |
+-----------------------------------+-----------------------------------+
| **Notes:**                        |                                   |
|                                   |                                   |
| No revisions were made to         |                                   |
| Appendix B to Part 112            |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Appendix C]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix C to Part 112 --         | Appendix C to Part 112 --         |
| Substantial Harm Criteria         | Substantial Harm Criteria         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| 2.1 Non-Transportation-Related    | 2.1 Non-Transportation-Related    |
| Facilities With a Total Oil       | Facilities With a Total Oil       |
| Storage Capacity Greater Than or  | Storage Capacity Greater Than or  |
| Equal to 42,000 Gallons Where     | Equal to 42,000 Gallons Where     |
| Operations Include Over-Water     | Operations Include Over-Water     |
| Transfers of Oil.                 | Transfers of Oil.                 |
|                                   |                                   |
| A non-transportation-related      | A non-transportation-related      |
| facility with a total oil storage | facility with a total oil storage |
| capacity greater than *or equal   | capacity greater than 42,000      |
| to* 42,000 gallons that transfers | gallons that transfers oil over   |
| oil over water to or from vessels | water to or from vessels must     |
| must submit a response plan to    | submit a response plan to EPA. .  |
| EPA. . . .                        | . .                               |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 52. [Editorial                    |                                   |
|     change]{.underline}: We       |                                   |
|     corrected the text of the     |                                   |
|     first sentence in the section |                                   |
|     to correspond with the title, |                                   |
|     so that it reads "A           |                                   |
|     non-transportation-related    |                                   |
|     facility with a total oil     |                                   |
|     storage capacity greater than |                                   |
|     or equal to 42,000 gallons    |                                   |
|     that transfers oil over water |                                   |
|     to or from vessels must       |                                   |
|     submit a response plan to     |                                   |
|     EPA. The words "or equal to"  |                                   |
|     to track rule language found  |                                   |
|     at §112.20(f)(1)(i).          |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix C to Part 112 --         | Appendix C to Part 112 --         |
| Substantial Harm Criteria         | Substantial Harm Criteria         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| 2.4 Proximity to Public Drinking  | 2.4 Proximity to Public Drinking  |
| Water Intakes at Facilities with  | Water Intakes at Facilities with  |
| a Total *Oil Storage* Capacity    | a Total Storage Oil Capacity      |
| Greater than or Equal to 1        | Greater than or Equal to 1        |
| Million Gallons.                  | Million Gallons.                  |
|                                   |                                   |
| A facility with a total *oil*     | A facility with a total storage   |
| storage capacity greater than or  | capacity greater than or equal to |
| equal to 1 million gallons must   | 1 million gallons must submit its |
| submit its response plan if it is | response plan if it is located at |
| located at a distance such that a | a distance such that a discharge  |
| discharge from the facility would | from the facility would shut down |
| shut down a public drinking water | a public drinking water intake,   |
| intake, which is analogous to a   | which is analogous to a public    |
| public water system as described  | water system as described at 40   |
| at 40 CFR 143.2(c). . . .         | CFR 143.2(c). . . .               |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 53. [Editorial                    |                                   |
|     change]{.underline}: We       |                                   |
|     revised the title of this     |                                   |
|     section by reversing the      |                                   |
|     order of the words "Storage"  |                                   |
|     and "Oil" in the heading. We  |                                   |
|     also added the word "oil" to  |                                   |
|     the first sentence so that it |                                   |
|     reads, "A facility with a     |                                   |
|     total oil storage capacity    |                                   |
|     greater than \* \* \*."       |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Appendix D]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix D to Part 112 --         | Appendix D to Part 112 --         |
| Determination of a Worst Case     | Determination of a Worst Case     |
| Discharge Planning Volume         | Discharge Planning Volume         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| Part A . . .                      | Part A . . .                      |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| A.2 Secondary Containment --      | A.2 Secondary Containment --      |
| Multiple-Tank Facilities.         | Multiple-Tank Facilities.         |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| ^2^ Secondary containment is      | ^2^ Secondary containment is      |
| described in 40 CFR *part 112,    | defined in 40 CFR 112.7(e)(2).    |
| subparts A through C*. Acceptable | Acceptable methods and structures |
| methods and structures for        | for containment are also given in |
| containment are also given in 40  | 40 CFR 112.7(c)(1).               |
| CFR 112.7(c)(1).                  |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 1.  [Editorial                    |                                   |
|     change]{.underline}: We       |                                   |
|     revised footnote 2 to section |                                   |
|     A.2 of Part A, Appendix D, to |                                   |
|     reflect the new citation to   |                                   |
|     the SPCC rule's secondary     |                                   |
|     containment requirements.     |                                   |
+-----------------------------------+-----------------------------------+

**[SPCC Rule Text Comparison]{.smallcaps}**

**[Appendix F]{.smallcaps}**

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix F to Part 112 --         | Appendix F to Part 112 --         |
| Facility-Specific Response Plan.  | Facility-Specific Response Plan.  |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| 1.2.7 Current Operation.          | 1.2.7 Current Operation.          |
|                                   |                                   |
| Briefly describe the facility's   | Briefly describe the facility\'s  |
| operations and include the *North | operations and include the        |
| American Industrial               | Standard Industry Classification  |
| Classification System (NAICS)*    | (SIC) code.                       |
| code.                             |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 2.  [Editorial                    |                                   |
|     change]{.underline}: We       |                                   |
|     revised section 1.2.7 to      |                                   |
|     delete the reference to       |                                   |
|     Standard Industry             |                                   |
|     Classification (SIC) codes,   |                                   |
|     and replace it with a         |                                   |
|     reference to North American   |                                   |
|     Industry Classification       |                                   |
|     System (NAICS) codes. The     |                                   |
|     NAICS was adopted by the      |                                   |
|     United States, Canada, and    |                                   |
|     Mexico on January 1, 1997 to  |                                   |
|     replace the SIC codes.        |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix F to Part 112 --         | Appendix F to Part 112 --         |
| Facility-Specific Response Plan.  | Facility-Specific Response Plan.  |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| 1.4.3 Analysis of the Potential   | 1.4.3 Analysis of the Potential   |
| for an Oil Discharge.             | for an Oil Discharge.             |
|                                   |                                   |
| . . . This analysis shall         | . . . This analysis shall         |
| incorporate factors such as oil   | incorporate factors such as oil   |
| *discharge* history, horizontal   | spill history, horizontal range   |
| range of a potential discharge,   | of a potential discharge, and     |
| and vulnerability to natural      | vulnerability to natural          |
| disaster, and shall, as           | disaster, and shall, as           |
| appropriate, incorporate other    | appropriate, incorporate other    |
| factors such as tank age.         | factors such as tank age. . . .   |
|                                   | The owner or operator may need to |
| . . . The owner or operator may   | research the age of the tanks and |
| need to research the age of the   | the oil spill history at the      |
| *tanks the* oil *discharge*       | facility.                         |
| history at the facility.          |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 3.  [Editorial                    |                                   |
|     change]{.underline}: We       |                                   |
|     revised the second and last   |                                   |
|     sentences of this section by  |                                   |
|     replacing the word "spill"    |                                   |
|     with "discharge."             |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix F to Part 112 --         | Appendix F to Part 112 --         |
| Facility-Specific Response Plan.  | Facility-Specific Response Plan.  |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| 1.7.3 Containment and Drainage    | 1.7.3 Containment and Drainage    |
| Planning                          | Planning                          |
|                                   |                                   |
| . . . . . . . . . . . . . .       | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(7\) Other cleanup materials.    | \(7\) Other cleanup materials. In |
|                                   | addition, facility owners or      |
| In addition, a facility owner or  | operators must meet the           |
| operator must meet the inspection | inspection and monitoring         |
| and monitoring requirements for   | requirements for drainage         |
| drainage contained in 40 CFR      | contained in 40 CFR 112.7(e). A   |
| *part 112, subparts A through C*. | copy of the containment and       |
| A copy of the containment and     | drainage plans that are required  |
| drainage plans that are required  | in 40 CFR 112.7(e) may be         |
| in 40 CFR *part 112, subparts A   | inserted in this section,         |
| through C* may be inserted in     | including any diagrams in those   |
| this section, including any       | plans.                            |
| diagrams in those plans.          |                                   |
|                                   | Note: The general permit for      |
| Note: The general permit for      | stormwater drainage may contain   |
| stormwater drainage may contain   | additional requirements.          |
| additional requirements           |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 4.  [Editorial                    |                                   |
|     change]{.underline}: We       |                                   |
|     revised paragraph (7) of      |                                   |
|     section 1.7.3 of Appendix F   |                                   |
|     to use the new citation to    |                                   |
|     the SPCC rule's inspection    |                                   |
|     and monitoring requirements   |                                   |
|     for drainage.                 |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix F to Part 112 --         | Appendix F to Part 112 --         |
| Facility-Specific Response Plan.  | Facility-Specific Response Plan.  |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| 1.8.1 Facility Self-Inspection    | 1.8.1 Facility Self-Inspection    |
|                                   |                                   |
| Under 40 CFR *112.7(e)*, *you     | Pursuant to 40 CFR 112.7(e)(8),   |
| must* include the written         | each facility shall include the   |
| procedures and records of         | written procedures and records of |
| inspections *for each facility*   | inspections in the SPCC Plan. The |
| in the SPCC Plan. *You must       | inspection shall include the      |
| include the inspection records    | tanks, secondary containment, and |
| for each* *container,* secondary  | response equipment at the         |
| containment, and *item of*        | facility. Records of the          |
| response equipment at the         | inspections of tanks and          |
| facility. *You must               | secondary containment required by |
| cross-reference the records of    | 40 CFR 112.7(e) shall be cross-   |
| inspections of each container and | referenced in the response plan.  |
| secondary containment required by | The inspection of response        |
| 40 CFR 112.7(e) in the facility   | equipment is a new requirement in |
| response plan.* The inspection    | this plan. Facility               |
| *record* of response equipment is | self-inspection requires two      |
| a new requirement in this plan.   | steps: (1) a checklist of things  |
| Facility self-inspection requires | to inspect; and (2) a method of   |
| two-steps: (1) a checklist of     | recording the actual inspection   |
| things to inspect; and (2) a      | and its findings. The date of     |
| method of recording the actual    | each inspection shall be noted.   |
| inspection and its findings. *You | These records are required to be  |
| must note the date of each        | maintained for 5 years.           |
| inspection. You must keep         |                                   |
| facility response plan records    | . . . . . . . . . . . . .         |
| for five years.* **You must keep  |                                   |
| SPCC records for three years.**   |                                   |
|                                   |                                   |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 5.  [Recordkeeping]{.underline}:  |                                   |
|     We revised section 1.8.1 of   |                                   |
|     Appendix F to reflect the     |                                   |
|     three-year record maintenance |                                   |
|     periods for SPCC records,     |                                   |
|     keeping the five-year period  |                                   |
|     for FRP records.              |                                   |
|                                   |                                   |
| 6.  [Editorial                    |                                   |
|     changes]{.underline}: We      |                                   |
|     revised section 1.8.1 of      |                                   |
|     Appendix F to use the new     |                                   |
|     citation to the SPCC rule's   |                                   |
|     recordkeeping requirements.   |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix F to Part 112 --         | Appendix F to Part 112 --         |
| Facility-Specific Response Plan.  | Facility-Specific Response Plan.  |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| 1.8.1.1. Tank Inspection          | 1.8.1.1. Tank Inspection          |
|                                   |                                   |
| The tank inspection checklist     | . . . . . . . . . . . . .         |
| presented below has been included |                                   |
| as guidance during inspections    | The tank inspection checklist     |
| and monitoring. Similar           | presented below has been included |
| requirements exist in 40 CFR      | as guidance during inspections    |
| *part 112, subparts A through C.* | and monitoring. Similar           |
| . . .                             | requirements exist in 40 CFR      |
|                                   | 112.7(e). . . .                   |
| . . . . . . . . . . . . .         |                                   |
|                                   | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 7.  [Editorial                    |                                   |
|     change]{.underline}: We       |                                   |
|     revised section 1.8.1.1 of    |                                   |
|     Appendix F to use the new     |                                   |
|     citation to the SPCC rule's   |                                   |
|     tank inspection requirements. |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix F to Part 112 --         | Appendix F to Part 112 --         |
| Facility-Specific Response Plan.  | Facility-Specific Response Plan.  |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| 1.8.1.3 Secondary Containment     | 1.8.1.3 Secondary Containment     |
| Inspection                        | Inspection                        |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| . . . Similar requirements exist  | . . . Similar requirements exist  |
| in 40 CFR *part 112, subparts A   | in 40 CFR 112.7(e). . . .         |
| through C.* . . .                 |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 8.  [Editorial                    |                                   |
|     change]{.underline}: We       |                                   |
|     revised section 1.8.1.1.4 of  |                                   |
|     Appendix F to use the new     |                                   |
|     citation to the SPCC rule's   |                                   |
|     secondary containment         |                                   |
|     inspection requirements.      |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix F to Part 112 --         | Appendix F to Part 112 --         |
| Facility-Specific Response Plan.  | Facility-Specific Response Plan.  |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| 1.10 Security                     | 1.10 Security                     |
|                                   |                                   |
| According to 40 CFR *112.7(g)*    | According to 40 CFR 112.7(e)(9),  |
| facilities are required to        | facilities are required to        |
| maintain a certain level of       | maintain a certain level of       |
| security, as appropriate. . . .   | security, as appropriate. . . .   |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 9.  [Editorial                    |                                   |
|     change]{.underline}: We       |                                   |
|     revised section 1.10 of       |                                   |
|     Appendix F to use the new     |                                   |
|     citation to the SPCC rule's   |                                   |
|     security requirements.        |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix F to Part 112 --         | Appendix F to Part 112 --         |
| Facility-Specific Response Plan.  | Facility-Specific Response Plan.  |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| 2.1 General Information           | 2.1 General Information           |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| \(6\) *North American Industrial  | \(6\) Standard Industrial         |
| Classification System (NAICS)     | Classification (SIC) Code: Enter  |
| Code:* Enter the facility's       | the facility\'s SIC code as       |
| *NAICS* code as determined by the | determined by the Office of       |
| Office of Management and Budget   | Management and Budget (this       |
| (this information may be obtained | information may be obtained from  |
| from public library resources.)   | public library resources).        |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 10. [Editorial                    |                                   |
|     change]{.underline}: We       |                                   |
|     revised paragraph 2.1(6) to   |                                   |
|     refer to NAICS codes in place |                                   |
|     of SIC codes.                 |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix F to Part 112 --         | Appendix F to Part 112 --         |
| Facility-Specific Response Plan.  | Facility-Specific Response Plan.  |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| 3.0 Acronyms                      | 3.0 Acronyms                      |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| *NAICS: North American Industrial | SIC: Standard Industrial          |
| Classification System*            | Classification                    |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 11. [Editorial                    |                                   |
|     change]{.underline}: We       |                                   |
|     deleted the acronym for SIC   |                                   |
|     and substituted the acronym   |                                   |
|     for NAICS.                    |                                   |
+-----------------------------------+-----------------------------------+

+-----------------------------------+-----------------------------------+
| **Revised Rule**                  | **Old Rule**                      |
+-----------------------------------+-----------------------------------+
| Appendix F to Part 112 --         | Appendix F to Part 112 --         |
| Facility-Specific Response Plan.  | Facility-Specific Response Plan.  |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| ATTACHMENTS TO APPENDIX F         | ATTACHMENTS TO APPENDIX F         |
|                                   |                                   |
| . . .                             | . . . . . . . . . . . . .         |
|                                   |                                   |
| Attachment F-1-Response Plan      | Attachment F-1\--Response Plan    |
| Cover Sheet                       | Cover Sheet                       |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| General Information               | General Information               |
|                                   |                                   |
| . . . . . . . . . . . . .         | . . . . . . . . . . . . .         |
|                                   |                                   |
| *North American Industrial        | Standard Industrial               |
| Classification System (NAICS)     | Classification (SIC) Code:        |
| Code:*                            |                                   |
|                                   | . . . . . . . . . . . . .         |
| . . . . . . . . . . . . .         |                                   |
+-----------------------------------+-----------------------------------+
| **Notes**                         |                                   |
|                                   |                                   |
| 12. [Editorial                    |                                   |
|     change]{.underline}: We       |                                   |
|     deleted the reference to SIC  |                                   |
|     and substituted a reference   |                                   |
|     to NAICS.                     |                                   |
+-----------------------------------+-----------------------------------+