PART 118—CLEAN WATER ACT HAZARDOUS SUBSTANCES FACILITY RESPONSE PLANS Authority: 33 U.S.C. 1251 et seq., Source: 89 FR 21955, Mar. 28, 2024, unless otherwise noted. § 118.1 Purpose. This part establishes Clean Water Act (CWA) hazardous substance facility response plan requirements for the owner or operator of any non-transportation-related onshore facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging CWA hazardous substances into or on the navigable waters, adjoining shorelines, or the exclusive economic zone. § 118.2 Definitions. For the purposes of this part: Adverse weather Article Container Contract or other approved means (1) A written contractual agreement with a spill response organization that identifies and ensures the availability of the necessary personnel and equipment within appropriate response times; (2) A written certification by the owner or operator that the necessary personnel and equipment resources, owned or operated by the facility owner or operator, are available to respond to a discharge within appropriate response times; (3) Active membership in a local or regional spill response organization that has identified and ensures adequate access through such membership to necessary personnel and equipment to respond to a discharge within appropriate response times in the specified geographic area; or (4) Any other specific arrangement approved by the Regional Administrator upon request of the owner or operator. CWA Hazardous Substance Discharge Distance to the endpoint Endpoint Exclusive economic zone Facility Fish, wildlife, and sensitive environments Injury Interconnected containers Maximum extent practicable Maximum quantity onsite Mitigation or mitigation system(s) Navigable waters Non-transportation-related onshore facility Offshore facility Offsite Onshore facility Owner or operator Person Planning distance Publicly Owned Treatment Works Public receptors Public vessel Public water system Qualified individual (QI) Regional Administrator Reportable quantities Respond or response Response equipment Response resources Source water protection area Spill response organization (SRO) Transportation or transport Transportation-related onshore facility United States Vessel Water distribution system Wellhead protection area Worst case discharge § 118.3 Applicability. This part applies to the owner or operator of any non-transportation-related onshore facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging CWA hazardous substances into or on the navigable waters or a conveyance to navigable waters by meeting the following criteria: (a) Threshold quantity. (b) Proximity to navigable waters. (c) Substantial harm criteria. (1) Ability to cause injury to fish, wildlife, and sensitive environments. (2) Ability to adversely impact a public water system. (i) Violates any National Primary Drinking Water Standard or State Drinking Water Regulation, such as an exceedance of a Maximum Contaminant Level; (ii) Compromises the ability of the public water system to produce water that complies with any National Primary Drinking Water Standard or State Drinking Water Regulation; (iii) Results in adverse health impacts in people exposed to the maximum concentration that could enter a drinking water distribution system; (iv) Contaminates public water system infrastructure, including but not limited to intake structures, treatment facilities, and drinking water distribution systems, or premise plumbing systems to a degree that requires remediation to restore system components to acceptable performance; or (v) Impairs the taste, odor, or other aesthetic characteristic of the water entering a drinking water distribution system to a degree that could make the water unacceptable to consumers and that could prompt the public water system to issue use restrictions; (3) Ability to cause injury to public receptors. (4) Reportable discharge history. § 118.4 General requirements. (a) Preparation, submission, and implementation of facility response plans. (1) Initially regulated facilities. (2) Newly regulated facilities. (3) Newly constructed facilities. (4) Facilities regulated as a result of a planned event or change. (5) Facilities regulated as a result of an unplanned event or change. (6) Recertification. (7) Updated CWA hazardous substance information in 40 CFR 116.4 or 40 CFR 117.3. (b) Facility response plan amendments. (i) A change in the non-transportation-related onshore facility's configuration that materially alters the information included in the facility response plan; (ii) A change in the CWA hazardous substance maximum quantity onsite ( i.e., (iii) A material change in capabilities of the spill response organization(s) that provide equipment and personnel to respond to discharges of CWA hazardous substances described in § 118.11(a)(3); (iv) A material change in the non-transportation-related onshore facility's discharge mitigation and response equipment or emergency response procedures; and (v) Any other changes that materially affect the implementation of the facility response plan. (2) Except as provided in paragraph (b) of this section, amendments to information in the facility response plan (such as personnel, contact information, or changes in the spill response organization(s)) that do not result in a material change in response capabilities do not require review and approval by the Regional Administrator. Owners or operators shall provide a copy of such changes to the Regional Administrator as the revisions occur. (3) The owner or operator of a non-transportation-related onshore facility that submits changes to a facility response plan as provided in the preceding paragraphs of this section shall provide an EPA-issued facility identification number (where one has been assigned, such as Facility Registry Service number) with the changes. (4) The Regional Administrator shall review and approve or disapprove changes to a facility response plan submitted pursuant to the requirements in paragraph (b)(1) of this section for a non-transportation-related onshore facility that he or she has determined pursuant to § 118.5(c) to have the potential to cause significant and substantial harm to human health or the environment. (c) Substantial harm certification form submission. (1) If the non-transportation-related onshore facility is in operation on March 30, 2027, complete and submit to the EPA Regional Administrator the Substantial Harm Certification Form in Appendix A to this part by June 1, 2027, or, for facilities meeting the criteria in § 118.3(a) and (b) after March 30, 2027, within 60 days. Owner or operators must retain their completed Appendix A and supporting documentation for the duration that the CWA hazardous substance maximum quantity onsite meets or exceeds the threshold quantity and for an additional 10 years. (2) Attach to the form documentation, calculations, and any other information necessary to demonstrate the reliability and analytical soundness of the substantial harm determination as well as a review of potential receptors that could be impacted as a result of a CWA hazardous substance discharge. (3) Submit to the EPA Regional Administrator a recertification of the Substantial Harm Certification Form every five years, or within 60 days of a change at or outside the non-transportation-related onshore facility that impacts the potential to cause substantial harm to the environment in accordance with the criteria in § 118.3. (4) Provide the Substantial Harm Certification Form in Appendix A to this part to local emergency response organizations upon request. (d) Assertion of claims of confidential business information. (2) Notwithstanding the provisions of 40 CFR part 2, an owner or operator of a facility subject to this part may not claim as confidential business information the following information: (i) Data required by § 118.11 (b); and (ii) Data required in Appendix A of this part, excluding the supporting documentation. (iii) Notwithstanding the procedures specified in 40 CFR part 2, an owner or operator asserting a claim of confidential business information with respect to information contained in its facility response plan as per § 118.11, shall submit to EPA at the time it submits the facility response plan the following: (A) The information claimed confidential, provided in a format to be specified by EPA; (B) A sanitized (redacted) copy of the facility response plan, with the notation “CBI” substituted for the information claimed confidential, except that a generic category or class name shall be substituted for any chemical name or identity claimed confidential; and (C) The document or documents substantiating each claim of confidential business information, as described in paragraph (e) of this section. (e) Substantiating claims of confidential business information. (2) Information that is submitted as part of the substantiation may be claimed confidential by marking it as confidential business information. Information not so marked will be treated as public and may be disclosed without notice to the submitter. If information that is submitted as part of the substantiation is claimed confidential, the owner or operator must provide sanitized and unsanitized versions of the substantiation. (3) The owner, operator, or senior official with management responsibility at the non-transportation-related onshore facility shall sign a certification that the signer has personally examined the information submitted and that based on inquiry of the persons who compiled the information, the information is true, accurate, and complete, and that those portions of the substantiation claimed as confidential business information would, if disclosed, reveal trade secrets or other confidential business information. § 118.5 Regional Administrator determination of substantial harm and significant and substantial harm. (a) Regional Administrator authority to require facility response plans and amendments. (b) Regional Administrator substantial harm determination. (1) Type of transfer operation(s); (2) CWA hazardous substance quantity and category as determined in 40 CFR 117.3 and characteristics (e.g., ignitability or reactivity) stored onsite; (3) Proximity to fish, wildlife, and sensitive environments and other areas determined by the Regional Administrator to possess ecological value; (4) Ability to adversely impact public water systems as described in § 118.3(c)(ii); (5) Location in a source water protection area; (6) Ability to cause injury to public receptors; (7) Lack of passive mitigation measures or systems, including those that enhance resilience to climate change; (8) Potential to adversely impact communities with environmental justice concerns; (9) Potential vulnerability to adverse weather conditions resulting from climate change; (10) Density of facilities with CWA hazardous substances onsite in the immediate area; (11) Reportable discharge history; or (12) Other site-specific characteristics and environmental factors that the Regional Administrator determines to be relevant to recovery, shoreline protection, and cleanup. (c) Regional Administrator responsibilities for significant and substantial harm facilities. (1) Approve any facility response plan that meets the requirements of § 118.11; and (2) Review each facility response plan periodically thereafter on a schedule established by the Regional Administrator. (d) Regional Administrator significant and substantial harm determination. (1) Frequency of past reportable discharges; (2) Proximity to navigable waters or a conveyance to navigable waters; (3) Age or condition of containers and equipment; (4) Potential for hazards such as flooding, hurricanes, earthquakes, or other disasters that could result in a worst case discharge; and (5) Other facility- and Region-specific information, including local impacts on public health. § 118.6 Appeals process. (a) Owner or operator request to reconsider requirement to prepare a facility response plan. (b) Owner or operator request to reconsider classification status. i.e., (c) Appeals process following Regional Administrator decision. § 118.7 Petitions. Any person, including a member of the public or any representative from a Federal, State, or local agency who has a reasonable basis to believe that a non-transportation-related onshore facility subject to this section could, because of its location, reasonably be expected to cause substantial harm to the environment by a discharge, or substantial threat of a discharge, of CWA hazardous substance into or on the navigable waters or a conveyance to navigable waters may petition the Regional Administrator to determine whether the facility meets the criteria in § 118.3. Such a petition shall include a discussion of how the factors in § 118.3 apply to the non-transportation-related onshore facility and EPA shall make the petition available to the owner or operator in question and provide an opportunity to respond. The Regional Administrator shall consider such petitions and respond as soon as practicable in writing including the basis for the determination. The Regional Administrator may render a decision based solely on the information in the petition but may also gather additional information before rendering a decision. § 118.8 Exceptions and exemptions. (a) Exceptions. (1) Any non-transportation-related onshore facility, that due to its location, could not reasonably be expected to have a discharge, or substantial threat of a discharge, as described in § 118.3. This determination must be based solely upon consideration of the geographical and location aspects of the non-transportation-related onshore facility (such as proximity to navigable waters, land contour, drainage, etc.) and must exclude consideration of manmade features such as dikes, equipment, depressions, or other structures, which may serve to restrain, hinder, contain, or otherwise prevent a discharge. (2) Any equipment, or operation of a vessel or transportation-related onshore facility which is subject to the authority and control of the U.S. Department of Transportation, and which provides movement or conveyances of CWA hazardous substances in interstate or intrastate commerce by rail, pipeline, highway vehicle, or vessel. For modes other than pipeline, this exception is limited to movement under active shipping papers prior to arrival at a final destination pursuant to 49 CFR parts 171-180. (3) Any equipment, or operation of a vessel or onshore or offshore facility which is subject to the authority and control of the U.S. Coast Guard or the U.S. Department of the Interior, as defined in the Memorandum of Understanding between the Secretary of Transportation, the Secretary of the Interior, and the Administrator of EPA (40 CFR part 112, Appendix B). (4) Any underground storage tank and connected underground piping, underground ancillary equipment, and containment systems, at any facility, that is subject to all the technical requirements of part 280 of this chapter or a State program approved under part 281 of this chapter. (b) Exemptions. (1) Articles. (2) Uses. (i) Structural components. (ii) Janitorial. (iii) Foods, drugs, cosmetics. (iv) Process water or cooling water. (v) Wastewater treated by Publicly Owned Treatment Works. (vi) Compressed air. (vii) Retail and personal uses. (viii) RCRA hazardous waste. § 118.9 Mixtures. For the purposes of determining the CWA hazardous substance maximum quantity onsite at the non-transportation-related onshore facility of CWA hazardous substance(s), under § 118.3(a), the following provisions apply to CWA hazardous substances mixtures: (a) If the quantity of all of the CWA hazardous substance constituent(s) of the mixture or solution is known, the mixture meets the threshold quantity when the maximum quantity onsite, as defined in § 118.2, meets or exceeds the threshold quantity of any CWA hazardous substance in the mixture. (b) If the quantity of one or more of the CWA hazardous substance constituent(s) of the mixture or solution is unknown, the mixture meets the threshold when the maximum quantity onsite of the mixture or solution meets or exceeds the quantity for the CWA hazardous substance established in § 118.3(a) with the lowest threshold quantity. § 118.10 Worst case discharge. Non-transportation-related onshore facility owners or operators are required to model a worst case discharge scenario, determine appropriate endpoints using Appendix B as per § 118.3(c)(1) and (3) from a discharge into or on the navigable waters or a conveyance to navigable waters, calculate the distances to endpoints and CWA hazardous substance planning distances, and compare the distances to endpoints against the CWA hazardous substance planning distances from the non-transportation-related onshore facility. If the CWA hazardous substance planning distances determined are shorter than the distances to endpoints as per Appendix B, the worst case discharge can cause substantial harm. Owners or operators shall also use their worst case discharge scenario(s) to determine if the non-transportation-related onshore facility has the ability to adversely impact public water systems per § 118.3(c)(2) from a discharge into or on the navigable waters or a conveyance to navigable waters. The worst case discharge scenarios must represent each CWA hazardous substance onsite that meets or exceeds the threshold quantity set in § 118.3(a). Each scenario must use the largest quantity following the below parameters: (a) Determination of worst case discharge quantity. (1) For CWA hazardous substances in separate containers, the maximum quantity of a single container, such as a bulk storage tank, process vessel, rail car, or mobile or portable container; (2) For CWA hazardous substances in interconnected containers, the maximum quantity of a group of interconnected containers; or (3) For substances in pipes, the maximum quantity of a pipe or interconnected pipes, and the owner or operator must provide evidence in Appendix A that containers with common piping or piping systems are not operated as one unit. (4) For mixtures of CWA hazardous substances, follow the procedures in § 118.9. (b) Planning distance determinations. (1) Endpoints for fish, wildlife, and sensitive environments are provided in Appendix B of this part. (2) Endpoints for public receptors are provided in Appendix B of this part. (3) In determining CWA hazardous substance planning distance endpoints, owners or operators shall consider the following parameters: (i) Factors affecting overland transport including: (A) Nearest opportunity for discharge into or on the navigable waters; (B) Ground conditions which may include topography of the surrounding area, drainage patterns, land use coverage, impervious cover, soil distribution or porosity, and soil absorption rate or soil saturation during adverse weather conditions; and (C) Properties of the CWA hazardous substance, which may include evaporation rate based on wind speed; atmospheric stability, ambient temperature, pressure, and humidity; reactivity with rainwater and/or other substances along the overland flow path into or on the navigable water; and ignitability and explosive potential; (ii) Factors affecting in-water transport including: (A) Point of entry to navigable waters; (B) Flow rate and duration of the discharge; (C) Direction of the discharge at the point of entry; (D) Surface versus underwater entry; and (E) Conditions of the receiving water including the velocity of the navigable waters which may be affected by: Slope of the river; hydraulic radius; turbulence and potential for cross-channel mixing; Manning's Roughness coefficient; differentiation of still, tidal or moving waters; currents; wave height; tidal influence; and water temperature, pH, alkalinity, and salinity. (iii) Adverse weather conditions, which shall be calculated based on adverse winds, currents, and/or river stages, over a range of seasons, weather conditions, and river stages. (iv) Properties of the CWA hazardous substance such as solubility in water, speciation in water, density (relative to water), polarity, vapor pressure, reactivity with water and common solutes in natural waterbodies, human toxicity, mammalian toxicity, aquatic toxicity, and flammability. § 118.11 Facility response plan requirements. (a) General requirements. (1) Consistency With National Contingency Plan, Area Contingency Plans, and Regional Contingency Plans. (i) The owner or operator shall review relevant portions of the National Oil and Hazardous Substances Pollution Contingency Plan and applicable Area Contingency Plan annually and, if necessary, revise the facility response plan to ensure consistency with these plans; (ii) Include a signed affirmation that the owner or operator has reviewed relevant plans during facility response plan development and resubmission and; (iii) Include a list of area plans and sub-area plans reviewed. (2) Qualified individual. (i) Activate internal alarms and hazard communication systems to notify all facility personnel; (ii) Notify all response personnel, as needed; (iii) Identify the character, exact source, amount, and extent of the discharge, as well as the other items needed for notification; (iv) Notify and provide necessary information to the appropriate Federal, State, and local authorities with designated response roles, including the National Response Center, State Emergency Response Commission or Tribal Emergency Response Commission, and Local Emergency Planning Committee or Tribal Emergency Planning Committee; (v) Notify and provide necessary information to public water systems that may be impacted by a discharge; (vi) Assess the interaction of the discharged CWA hazardous substance with water, solutes in water, water treatment chemicals, and/or other substances stored at the facility and notify response personnel at the scene of that assessment; (vii) Assess the possible hazards to human health and the environment due to the worst case discharge. This assessment must consider both the direct and indirect effects of the discharge ( i.e., (viii) Implement prompt response actions to contain and respond, to the maximum extent practicable, the CWA hazardous substance discharged; (ix) Coordinate rescue and response actions as previously arranged with response personnel; (x) Use authority to immediately access company funding to initiate cleanup activities; (xi) Direct cleanup activities until properly relieved of this responsibility; and (xii) Acquire and maintain incident commander training requirements consistent with 29 CFR 1910.120(q)(6)(v). (3) Response resources. (4) Training, testing, and drills. (5) Plan updates. (b) Emergency response information. (1) Facility information. (2) Owner or operator information. (3) Hazard evaluation. (i) Chemical-specific information, including the response considerations, health hazards, fire hazards, chemical reactivity, hazard classifications, and physical and chemical properties; potential effects of a CWA hazardous substance worst case discharge as per 118.10; impacts to communities with environmental justice concerns; and impacts of climate change, including but not limited to the increased frequency and intensity of extreme weather events, temperature fluctuations, rising seas, storm surges, inland and coastal flooding, drought, wildfires, and permafrost melt in northern areas. Illustrative diagrams of the hazard evaluation should be included. (ii) This section of the plan must outline processes that will help responders make decisions relating to the identification, evaluation, and control of risks to human health and the environment following a CWA hazardous substance discharge. The processes outlined below do not need to be scenario-specific but can be generic in nature. At a minimum, the processes must include all the following: (A) Risk identification (B) Risk characterization (C) Risk control (D) Risk communication (4) Reportable discharge history. (5) Response personnel and equipment. (6) Contracts. (7) Notifications. (8) Discharge information. (9) Personnel roles and responsibilities. (10) Response equipment information. (11) Evacuation plans. (12) Discharge detection systems. i.e., (13) Response actions. (i) One hour of discharge detection: Complete notifications; mobilize facility response personnel for immediate response actions; identify the scale of the incident and coordinate with SRO on appropriate response actions; complete cross-check of worst case discharge scenarios and resulting potential effects to begin tactical planning based on the scale of the incident; ensure containment and neutralization systems are operational; coordinate evacuation of facility, if necessary; coordinate with drinking water authorities; mobilize response equipment, as appropriate; and coordinate with local police and fire officials. Initiate community evacuation plan, if necessary, and evaluate if downstream (or upstream, if tidally influenced waterbody) public receptors that could be impacted and may require evacuation. (ii) Two hours of discharge detection: As appropriate, deploy response resources identified in the response plan, including containment and recovery devices (such as containment dams, culvert plugs, underflow dams, containment booms, skimmer equipment or acid/base neutralization resources); and initiate any water, soil, and air monitoring as outlined in the response plan. (14) Disposal plans. (15) Containment measures. (16) Training procedures. (17) Exercise procedure. (18) Self-inspection. (c) Emergency response action plan. (i) The identity and telephone number of a qualified individual having full authority, including contracting authority, to implement removal actions; (ii) The identity of individuals or organizations to be contacted in the event of a discharge so that immediate communications between the qualified individual identified in paragraph (a)(2) of this section and the appropriate Federal officials and the persons providing response personnel and equipment can be ensured; (iii) A description of information to provide to response personnel in the event of a worst case discharge; (iv) A description of the facility's response equipment and its location; (v) A description of response personnel capabilities, including the duties of persons at the facility during a response action and their response times and qualifications; (vi) Plans for evacuation of the facility and a reference to community evacuation plans, as appropriate; (vii) A description of immediate measures to secure the source of the discharge, including the response actions to be taken in the first two hours of an incident as per paragraph (b)(13) of this section, and to provide adequate containment and drainage of discharged CWA hazardous substances; (viii) A description of the potential discharge pathways of the CWA hazardous substances to public water systems, public receptors, and fish, wildlife, and sensitive environments, and estimated time of travel; and (ix) A diagram of the facility including evacuation routes. § 118.12 Coordination Activities. The facility response plan shall be coordinated with the local emergency response plan developed by the Local Emergency Planning Committee or Tribal Emergency Planning Committee under section 303 of title III of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 11001 et seq. (a) Coordination shall occur at least annually, and more frequently, if necessary, to address changes at the facility, in the facility response plan, and/or in the community emergency response plan. (b) Coordination shall include providing to the appropriate State, local, or Tribal emergency planning and response organizations the facility response plan, updated emergency contact information, and other information necessary for developing and implementing the local emergency response plan. (c) Coordination shall include consulting with appropriate State, local, or Tribal emergency response officials to establish appropriate schedules and plans for drills and exercises required under § 118.13. The owner or operator shall request an opportunity to meet with the Local Emergency Planning Committee or Tribal Emergency Planning Committee (or equivalent) and/or local fire department as appropriate to review and discuss those materials. (d) The owner or operator shall document coordination with appropriate State, local, or Tribal authorities and retain that documentation for the life of the facility, including: (1) The names of individuals involved and their contact information (phone number, email address, and organizational affiliations), dates of coordination activities, and nature of coordination activities; and (2) Signed agreements on activities and resources, identified by the facility, in the facility response plan to be performed by the appropriate State, local, or Tribal emergency response organizations. (3) If a facility owner or operator is unable to coordinate with their State Emergency Response Commission or Tribal Emergency Response Commission, Local Emergency Planning Committee or Tribal Emergency Planning Committee, and/or local fire department, documentation must show a good faith effort to contact, coordinate, and consult with those bodies in the frequency described in this section. § 118.13 Facility response training, drills, and exercises. (a) The owner or operator of any facility required to prepare a facility response plan under § 118.3 shall develop and implement a facility response training program and a drills and exercise program that satisfy the requirements of this section. The owner or operator shall describe the programs in the facility response plan as provided in § 118.11. (b) The facility owner or operator shall develop a facility response training program to train facility and non-facility personnel involved in CWA hazardous substance response activities. Training shall be functional in nature according to job tasks for both supervisory and non-supervisory operational personnel. (1) A facility owner or operator must identify the method to be used for training any volunteers or casual laborers used during a response to comply with the requirements of 29 CFR 1910.120. (2) The facility owner or operator is responsible for ensuring that all private response personnel are trained to meet the Occupational Safety and Health Administration standards for emergency response operations in 29 CFR 1910.120. (3) The facility response plan shall include a description of the training program as required in § 118.11. (4) The facility response plan shall include records, including logs, of CWA hazardous substance facility response plan meetings and describe the type of response training and dates, review of personnel responsibilities during a response action, and drills and exercises. These records may be included in the facility response plan or kept as an annex to the facility response plan. Completed records will be kept for five years following each activity. Records required under this part kept under usual and customary business practices will suffice for purposes of this paragraph. (c) The facility owner or operator shall develop a program of facility response drills and exercises, including evaluation procedures. A program that follows the National Preparedness for Response Exercise Program (PREP) will be deemed as compliant with the drill and exercise requirements of this section. An alternative program or deviations from the PREP exercise requirements may also be developed by the owner or operator and are subject to approval by the Regional Administrator. (1) Drills and exercises shall, when appropriate, be coordinated with local public emergency response officials and these officials shall be invited to participate. If a facility owner or operator is unable to coordinate with local public emergency response officials, documentation must show a good faith effort to contact and coordinate with those bodies. Appendix A to Part 118: Substantial Harm Certification Form Facility Name: Facility Address: EPA Facility ID: Facility Latitude/Longitude: Facility Qualified Individual (Last name, First name): Facility Contact (phone): Facility Contact (email): Parent Company: Facility industry NAICS code: 1. Does the facility have a maximum quantity onsite of a CWA hazardous substance greater than or equal to the CWA Reportable Quantity (RQ)x 1,000? Yes__ No__ If Yes, list names, CAS no., and maximum quantities (lbs) onsite for each CWA hazardous substance: If No, you do not need to proceed. 2. Is the facility within one-half mile of navigable waters or a conveyance to navigable waters? Yes__ No__ If Yes, list navigable waters and a description of conveyance(s). If No, you do not need to proceed. If the answers to both 1 and 2 are Yes, answer questions 3-6. 3. Is the facility located at a distance such that a worst case discharge from the facility could cause injury to fish, wildlife, and sensitive environments? For further description of fish, wildlife, and sensitive environments (FWSE), see the applicable Area Contingency Plan (ACP). Attach documentation of the formulas, assumptions, ACP(s) consulted, and distances calculated. Yes __ No __ 4. Is the facility located at a distance such that a worst case discharge from the facility could cause injury to public receptors? Attach documentation of the formulas and distances calculated. Yes __ No __ 5. Would a worst case discharge from the facility cause substantial harm to a public water system by causing any one, or any combination of more than one, of the adverse impacts listed below? (i) Violates any National Primary Drinking Water Standard or State Drinking Water Regulation, such as exceedance of a Maximum Contaminant Level; (ii) Compromises the ability of the public water system to produce water that complies with any National Primary Drinking Water Standard or State Drinking Water Regulation; (iii) Results in adverse health impacts in people exposed to the maximum concentration that could enter a drinking water distribution system; (iv) Contaminates public water system infrastructure, including but not limited to intake structures, treatment facilities, and distribution systems, or premise plumbing systems to a degree that requires remediation to restore system components to acceptable performance; or (v) Impairs the taste, odor, or other aesthetic characteristic of the water entering a drinking water distribution system to a degree that could make the water unacceptable to consumers and that could prompt the public water system to issue use restrictions. Yes __ No __ Attach documentation of the methodology and assumptions used to evaluate the potential of a worst case discharge to cause each of the adverse impacts (i-v). For each worst case discharge scenario list: —CWA hazardous substance name, CAS no. and worst case discharge quantity (lbs) —Worst case discharge scenario type (single container or interconnected containers) —Name(s) of each FWSE receptor(s) and planning distance(s) to FWSE (feet or miles) —Type(s) and description(s) of public receptor(s) and planning distance(s) to public receptor(s) (feet or miles) —Adverse impacts (i-v) to a public water system Attach documentation attesting to the required consultation with the applicable downstream public water system, including name of public water system, point of contact, and date of consultation for each potentially impacted public water system. If efforts to coordinate with the applicable downstream public water systems were unsuccessful, provide documentation to demonstrate the efforts to coordinate and provide the distance to the first downstream public water system intake. 6. Has the facility experienced a reportable CWA hazardous substance discharge to navigable waters within the last five years? Yes __ No __ Attach relevant documentation of past reportable discharges. For each reportable discharge identify: Name of CWA hazardous substance, CAS no. Date of discharge: Duration of discharge (minutes): Quantity discharged (lbs): Navigable water(s) reached: Injury caused to FWSE: Injury caused to public receptors: Adverse impacts to public water systems: NRC report number: Certification I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signature Name (please type or print) Title Date Phone/Email Appendix B to Part 118—Toxicity Endpoints for Calculating Planning Distance for Fish, Wildlife and Sensitive Environments and Public Receptors Category RQ Endpoints for public receptors Endpoints for fish, wildlife and sensitive environments using 96-hour LC50 Mammalian toxicity 10% Aquatic toxicity 10% Lower Upper Lower Upper X 1 0 0.1 0.01 0 0.1 0.01 A 10 0.1 1 0.1 0.1 1 0.1 B 100 1 10 1 1 10 1 C 1,000 10 100 10 10 100 10 D 5,000 100 500 50 100 500 50