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Visit and examination requirements for SPCC self-certification

Pursuant to 40 CFR §112.6, the owner or operator of a facility that meets the criteria in §112.3(g) for either a Tier I or Tier II qualified facility may self-certify the facility's SPCC Plan. As part of the self-certification, the owner or operator must certify that he or she has visited and examined the facility (§112.6(a)(1)(ii) and §112.6(b)(1)(ii)). Does the owner or operator need to personally conduct the site visit and examination, or can an agent or employee of the owner or operator perform the visit and examination? 

If the owner or operator of a qualified facility chooses to self-certify the facility's SPCC Plan, then the owner or operator must personally conduct the site visit and facility examination. There is no provision for an agent or employee of the facility to perform the site visit or examination.

Additional information about self-certifying an SPCC Plan for a qualified facility can be found in the December 2006 (71 FR 77266) and December 2008 (73 FR 74236) final rules.

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Last updated on June 4, 2021