2009-05-19_REVISION - M1977416 (30)

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1.2 Regulatory Requirements for Facility Facilities are required by 40 CFR 112 to develop and implement an SPCC Plan if they have a total aboveground oil storage capacity of greater than 1,320 gallons and spills could reasonably impact surface water. Although this plan is consistent with federal requirements for SPCC plans set forth in 40 CFR 112, the existence of this plan for the Sunday Mines facilities does not necessarily reflect the determination that an SPCC plan is required under federal law for each facility. The plan for these facilities may be established as a result of internal evaluations of appropriate facility management unrelated to federal requirements. 1.3 Plan Review and Amendment In accordance with 40 CFR 112.5(b), a responsible official of Denison Mines will review and evaluate this SPCC Plan at least once every 5 years. As a result of this review, non-technical changes will be made to the plan to ensure that the document is up-to-date. Such non-technical changes may include updating contact names, phone numbers, or addresses, and they do not require recertification by a Professional Engineer. In addition to non-technical changes, this SPCC Plan will be amended within six months of the review to include more effective prevention and control technology if the technology has been field-proven at the time of the review and will significantly reduce the likelihood of a discharge. Any such amendment will be implemented as soon as possible, but not later than six months after the amendment. The 5-year management review will be documented on Table 1 in Appendix B. This SPCC Plan shall be amended and recertified by a Professional Engineer within 6 months after any change in facility design, construction, operation, or maintenance that materially affects the facility's potential to discharge oil. Examples of changes that may require amendment of the Plan include, but are not limited to: • commissioning or decommissioning containers; • replacement, reconstruction, or movement of containers; • reconstruction, replacement, or installation of piping systems; • construction or demolition that might alter secondary containment structures; • changes of product or service; • or revision of standard operation or maintenance procedures at the facilities. In addition, EPA or the state oil pollution control agency may require that this SPCC Plan be amended following reportable spills (40 CFR 112.4). As required, any such non-5-year-review amendments to this SPCC Plan shall be noted on Table 2 in Appendix B of this SPCC Plan. The December 2006 SPCC Rule Amendments by the EPA state that if a facility has 10,000 gallons or les in aggregate aboveground oil storage capacity and has not had a discharge within three years meeting the written report requirements as stated in Section 4/4 of this Plan, the owner/operator may: • prepare a self-certified SPCC Plan instead of one reviewed and certified by a Professional Engineer (PE); Denison Mines (USA) Corp. 2 SPCC Plan Sunday Mines December 2007