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• 1.0 INTRODUCTION and REGULATORY BACKGROUND <br />1.1 CDPS (Colorado Discharge Permit System) PERMIT and WPCA (Water Pollution <br />Control Act) REQUIREMENTS <br />CDPS discharge permit number CO-0000248, administered by the Water Quality Control <br />Division of the Colorado Department of Public Health and Environment, requires this Spill <br />Prevention Control and Countermeasures Plan (SPCC) to address the prevention, control, clean- <br />up, and management of potential material spills. This SPCC Plan includes material located in: <br />(a) production facilities (mill, shops, plants); (b) storage facilities (warehouses and loading <br />docks); (c) tailing distribution and industrial water systems (pipelines, treatment plants, <br />pumphouses); and (d) other facilities (labs, etc.) at the Climax Mine Site. <br />Because this plan also addresses petroleum products, it complies with 40 CFR Part 112, <br />Environmental Protection Agency Regulations issued in 1978 under the Water Pollution Control <br />Act of 1972. Additionally, the requirements of a Materials Containment Plan (MCP) are met by <br />this plan, <br />1.2 ENVIRONMENTAL PROTECTION PLAN REQUIREMENTS <br />Climax Mine is a "Designated Mining Operation" (DMO) according to Rule 6 of the April 1994 <br />amendments to the Colorado Mineral Rules and Regulations under the Colorado Mined Land <br />Reclamation Act. This SPCC Plan is incorporated into the Environmental Protection Plan which <br />defines how the DMO operator will protect those areas that potentially could be affected or <br />impacted by "designated chemicals, toxic or acid-forming materials or acid mine drainage." All <br />of Climax Mine's "designated chemicals" are addressed in this SPCC Plan. <br />1.3 SPILL PREVENTION CONTROL and COUNTERMEASURES PLAN (SPCC) <br />REGULATIONS <br />The U.S. Environmental Protection Agency (EPA) recently amended the Oil Pollution <br />Prevention regulation promulgated under the authority of the Clean Water Act (CWA). The <br />Final Rule at 40 CFR Part 112 is entitled "Oil Pollution Prevention and Response; Non- <br />Transportation-Related Onshore and Offshore Facilities". According to the July 17, 2002 edition <br />of the Federal Register at 40 CFR Part 112, by February 17, 2003 facilities which store oil in <br />bulk storage containers with an aggregate storage capacity greater than 1320 gallons were <br />required to have an SPCC plan in place and by August 18, 2003 the Spill Prevention Control and <br />Countermeasure (SPCC) plan must be implemented. These deadlines were challenged by <br />industry and were extended. According to recent information provided by Region 8 of the U.S. <br />EPA in Denver, the owner of a facility that was in operation on or before August 16, 2002, <br />must amend the existing SPCC Plan as necessary by August 17, 2004, and implement the <br />amended Plan by February 18, 2005. By means of this May 2004 update, Climax <br />Molybdenum Company is amending an existing SPCC Plan to come into compliance with <br />• the new regulatory requirements of 40 CFR Part 112. <br />