When does a facility need an SPCC plan under 40 CFR 112.3?

According to 40 CFR 112.3, a facility needs an SPCC plan if it "could reasonably be expected to have a discharge as described in § 112.1(b)". Specifically, the regulation states that if a facility was in operation on or before August 16, 2002, it must maintain its Plan, but amend it if necessary, and implement the amended Plan by November 10, 2011. If a facility becomes operational after August 16, 2002, through November 10, 2011, and could reasonably be expected to have a discharge, it must prepare and implement a Plan by November 10, 2011. If a facility becomes operational after November 10, 2011, and could reasonably be expected to have a discharge, it must prepare and implement a Plan before beginning operations.

This is compliance information, not legal advice — verify against the official eCFR and the issuing agency.