Discharges and Releases
EPA may require the facility to amend its SPCC plan to adequately prevent and contain future oil discharges and releases. A regulated facility must notify the EPA regional administrator within 60 days if it has:
- Discharged more than 1,000 gallons (gal) of oil in a single event; or
- Experienced two spills of 42 gal or more within a 12-month period.
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Notifying the RA
The notice must contain the:
- Name of the facility
- Name of the person providing the notice
- Location of the facility
- Maximum storage or handling capacity of the facility and normal daily throughput
- Corrective action and countermeasures taken, including a description of equipment repairs and replacements
- Description of the facility, including maps, flow diagrams, and topographical maps, as necessary
- Cause of the discharge, including a failure analysis of the system or subsystem in which the failure occurred
- Additional preventive measures taken or contemplated to minimize the possibility of recurrence
The notice must also include other information that EPA may reasonably require that is pertinent to the plan or discharge. A complete copy of all information must also be sent to the appropriate state agency in charge of water pollution control.
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Plan Amendments Required By RA
After being notified, the RA will review the information the facility submits and information received from the state agency. The RA will also conduct an on-site review of the SPCC plan. From that information collection, the RA makes a determination if your plan requires amending. If EPA proposes a plan amendment, the facility has 30 days to respond with written information, views, and arguments. After that, the RA either notifies the facility that either an amendment is required or the RA rescinds the notice.
Should the RA come back and require you to amend your plan, you may appeal their determination within 30 days. EPA will make a final decision within 60 days.
If, after all of that, the RA does indeed require your facility to amend your SPCC plan, you have 30 days to amend the plan. You are required to implement those changes as soon as possible but no later than 6 months, unless otherwise specified by the RA.
See tomorrow’s Advisor for information on plan amendments you can do yourself.
What a nice change, to see the White House more prtcloiveay work toward improvement and enhancement of innovation in general and the system in particular. Nevertheless, as former CAFC Chief Judge Paul Michel has recently pointed out, it’s particularly important for the government to pay more heed to the needs of start-ups, rather than continuing Congress’s inordinate focus on the needs of large corporations. Since some of our legislators are probably shareholders in some of those large corporations, however, I don’t know how likely they are to change their ways.
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