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April 2012 <br />APPENDIX B <br />SUBSTANTIAL HARM DETERMINATION <br />Facility Name: New Elk Coal Company <br />Facility Address: 122 West First Street, Trinidad, CO 81082 <br />Page B -1 <br />1. Does the facility transfer oil over water to or from vessels and does the facility have a total oil storage <br />capacity greater than or equal to 42,000 gallons? <br />Yes ❑ No ■ <br />2. Does the facility have a total oil storage capacity greater than or equal to I million gallons and does the <br />facility lack secondary containment that is sufficiently large to contain the capacity of the largest <br />aboveground oil storage tank plus sufficient freeboard to allow for precipitation within any aboveground <br />storage tank area? <br />Yes ❑ No ■ <br />3. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the <br />facility located at a distance (as calculated using the appropriate formula in 40 CFR Part 112 Appendix C <br />Attachment C -111 or a comparable formula) such that a discharge from the facility could cause injury to <br />fish and wildlife and sensitive environments? <br />Yes ❑ No ■ <br />4. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the <br />facility located at a distance (as calculated using the appropriate formula in 40 CFR Part 112 Appendix C <br />Attachment C -111 or a comparable formula) such that a discharge from the facility would shut down a <br />public drinking water intake? <br />Yes ❑ No ■ <br />5. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and has the <br />facility experienced a reportable oil spill in an amount greater than or equal to 10,000 gallons within the <br />last 5 years? <br />Yes ❑ No ■ <br />Certification <br />I certify under penalty of law that I have personally examined and am familiar with the information submitted in this <br />document and that based on my inquiry of those individuals responsible for obtaining this information, I believe that <br />the submitted information is true, accurate and complete. <br />Signature: <br />Name: <br />Title: <br />Date: <br />SPCC Plan <br />MR 115 Page 27 -33 Rev. May 2012 <br />