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EPA has not historically required the submittal of an SPCC plan to it (see 40 CFR Part 112.3(e) <br />- "... shall maintain a complete copy of the Plan at such facility if the facility is normally <br />attended at least 8 hours per day, or at the nearest field office if the facility is not so attended, and <br />shall make such Plan available to the Regional Administrator for on-site review during normal <br />working hours.'). EPA does require an SPCC plan to be certified by a professional engineer. <br />A recommended method for applicants and operators to demonstrate compliance with C.R.S. 34- <br />32-116(7)(g), and 34-32.5-116(4)(h) that store oils and fuels in regulated quantities (e.g., more <br />than 1320 gallons of oil or fuel in containers with a capacity of at least 55 gallons) within the <br />permit boundary area at a mine or area encompassed by a Notice of Intent (NOT), is to submit <br />documentation, in a form acceptable to the Off=, that they have a SPCC plan and that plan has <br />or will be implemented prior to storage of fuel or oil products. It is not necessary to provide the <br />Division a copy of the SPCC plan, but it must be available for review at the facility or the nearest <br />field office during an inspection conducted during normal business hours. The operator must <br />submit a letter to the Division, on company letterhead, affirmatively stating that the plan has <br />been implemented. <br />Applications and Permit Revislous: <br />If the submittal and site implementation of an SPCC plan is the applicantloperators choice to <br />demonstrate compliance with 116(7)(g) or 116(4)(h), as related to protection of ground water <br />quality, changes to the containment structure(s) that affect its function will be addressed in an <br />update to the SPCC plan as necessary within the timeframe specified (e.g., six months per 40 <br />CFR Part 112.5(a)) by the applicable federal or state regulations. An acceptable alternative to <br />the submittal of an SPCC plan would be to provide containment dimensions adequate to enable <br />bond release calculations and containment details sufficient to demonstrate protection of ground <br />water. The Division is making the connection that if the SPCC plan is protective of surface <br />water quality, it likely protects ground water quality. <br />In some instances the addition of an SPCC facility may require a permit revision, in other <br />instances simply a modification to the existing reclamation bond will be all that is necessary. <br />- - - Examples of instances where a permit revision may be, required- include: - - <br />. The addition of an SPCC facility to an existing permit where an SPCC facility does not <br />exist. <br />Moving an SPCC facility from an affected area within a permitted site to a site not <br />presently permitted as affected area. <br />Moving an SPCC facility from an area of no ground water quality impacts to a site where <br />ground water quality may be affected due to product spill. <br />An example of an instance where a permit revision may not be required: <br />If an SPCC plan is required for the protection of surface water quality, and the operator <br />demonstrates that no ground water impacts are anticipated at a mine site due to loss of <br />containment, and that there will be no changes to the approved reclamation plan, then <br />changes to an SPCC facility may only require a surety increase.