Source: 67
FR 47140 , July 17, 2002, unless otherwise noted.
[TOP] §112.1
General applicability.
(a)(1) This part establishes procedures, methods, equipment, and other
requirements to prevent the discharge of oil from non-transportation-related
onshore and offshore facilities into or upon the navigable waters of the United
States or adjoining shorelines, or into or upon the waters of the contiguous
zone, or in connection with activities under the Outer Continental Shelf Lands
Act or the Deepwater Port Act of 1974, or that may affect natural resources
belonging to, appertaining to, or under the exclusive management authority of
the United States (including resources under the Magnuson Fishery Conservation
and Management Act).
(2) As used in this part, words in the singular also include the plural and
words in the masculine gender also include the feminine and vice versa, as the
case may require.
(b) Except as provided in paragraph (d) of this section, this part applies to
any owner or operator of a non-transportation-related onshore or offshore
facility engaged in drilling, producing, gathering, storing, processing,
refining, transferring, distributing, using, or consuming oil and oil products,
which due to its location, could reasonably be expected to discharge oil in
quantities that may be harmful, as described in part 110 of this chapter, into
or upon the navigable waters of the United States or adjoining shorelines, or
into or upon the waters of the contiguous zone, or in connection with activities
under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974,
or that may affect natural resources belonging to, appertaining to, or under the
exclusive management authority of the United States (including resources under
the Magnuson Fishery Conservation and Management Act) that has oil in:
(1) Any aboveground container;
(2) Any completely buried tank as defined in §112.2;
(3) Any container that is used for standby storage, for seasonal storage, or
for temporary storage, or not otherwise "permanently closed" as defined in
§112.2;
(4) Any "bunkered tank" or "partially buried tank" as defined in §112.2, or
any container in a vault, each of which is considered an aboveground storage
container for purposes of this part.
(c) As provided in section 313 of the Clean Water Act (CWA), departments,
agencies, and instrumentalities of the Federal government are subject to this
part to the same extent as any person.
(d) Except as provided in paragraph (f) of this section, this part does not
apply to:
(1) The owner or operator of any facility, equipment, or operation that is
not subject to the jurisdiction of the Environmental Protection Agency (EPA)
under section 311(j)(1)(C) of the CWA, as follows:
(i) Any onshore or offshore facility, that due to its location, could not
reasonably be expected to have a discharge as described in paragraph (b) of this
section. This determination must be based solely upon consideration of the
geographical and location aspects of the facility (such as proximity to
navigable waters or adjoining shorelines, land contour, drainage, etc.) and must
exclude consideration of manmade features such as dikes, equipment or other
structures, which may serve to restrain, hinder, contain, or otherwise prevent a
discharge as described in paragraph (b) of this section.
(ii) Any equipment, or operation of a vessel or transportation-related
onshore or offshore facility which is subject to the authority and control of
the U.S. Department of Transportation, as defined in the Memorandum of
Understanding between the Secretary of Transportation and the Administrator of
EPA, dated November 24, 1971 (Appendix A of this part).
(iii) Any equipment, or operation of a vessel or onshore or offshore facility
which is subject to the authority and control of the U.S. Department of
Transportation 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, dated November 8, 1993
(Appendix B of this part).
(2) Any facility which, although otherwise subject to the jurisdiction of
EPA, meets both of the following requirements:
(i) The completely buried storage capacity of the facility is 42,000 gallons
or less of oil. For purposes of this exemption, the completely buried storage
capacity of a facility excludes the capacity of a completely buried tank, as
defined in §112.2, and connected underground piping, underground ancillary
equipment, and containment systems, that is currently subject to all of the
technical requirements of part 280 of this chapter or all of the technical
requirements of a State program approved under part 281 of this chapter. The
completely buried storage capacity of a facility also excludes the capacity of a
container that is "permanently closed," as defined in §112.2.
(ii) The aggregate aboveground storage capacity of the facility is 1,320
gallons or less of oil. For purposes of this exemption, only containers of oil
with a capacity of 55 gallons or greater are counted. The aggregate aboveground
storage capacity of a facility excludes the capacity of a container that is
"permanently closed," as defined in §112.2.
(3) Any offshore oil drilling, production, or workover facility that is
subject to the notices and regulations of the Minerals Management Service, as
specified in the Memorandum of Understanding between the Secretary of
Transportation, the Secretary of the Interior, and the Administrator of EPA,
dated November 8, 1993 (Appendix B of this part).
(4) Any completely buried storage tank, as defined in §112.2, and connected
underground piping, underground ancillary equipment, and containment systems, at
any facility, that is subject to all of the technical requirements of part 280
of this chapter or a State program approved under part 281 of this chapter,
except that such a tank must be marked on the facility diagram as provided in
§112.7(a)(3), if the facility is otherwise subject to this part.
(5) Any container with a storage capacity of less than 55 gallons of oil.
(6) Any facility or part thereof used exclusively for wastewater treatment
and not used to satisfy any requirement of this part. The production, recovery,
or recycling of oil is not wastewater treatment for purposes of this paragraph.
(e) This part establishes requirements for the preparation and implementation
of Spill Prevention, Control, and Countermeasure (SPCC) Plans. SPCC Plans are
designed to complement existing laws, regulations, rules, standards, policies,
and procedures pertaining to safety standards, fire prevention, and pollution
prevention rules. The purpose of an SPCC Plan is to form a comprehensive
Federal/State spill prevention program that minimizes the potential for
discharges. The SPCC Plan must address all relevant spill prevention, control,
and countermeasures necessary at the specific facility. Compliance with this
part does not in any way relieve the owner or operator of an onshore or an
offshore facility from compliance with other Federal, State, or local laws.
(f) Notwithstanding paragraph (d) of this section, the Regional Administrator
may require that the owner or operator of any facility subject to the
jurisdiction of EPA under section 311(j) of the CWA prepare and implement an
SPCC Plan, or any applicable part, to carry out the purposes of the CWA.
(1) Following a preliminary determination, the Regional Administrator must
provide a written notice to the owner or operator stating the reasons why he
must prepare an SPCC Plan, or applicable part. The Regional Administrator must
send such notice to the owner or operator by certified mail or by personal
delivery. If the owner or operator is a corporation, the Regional Administrator
must also mail a copy of such notice to the registered agent, if any and if
known, of the corporation in the State where the facility is located.
(2) Within 30 days of receipt of such written notice, the owner or operator
may provide information and data and may consult with the Agency about the need
to prepare an SPCC Plan, or applicable part.
(3) Within 30 days following the time under paragraph (b)(2) of this section
within which the owner or operator may provide information and data and consult
with the Agency about the need to prepare an SPCC Plan, or applicable part, the
Regional Administrator must make a final determination regarding whether the
owner or operator is required to prepare and implement an SPCC Plan, or
applicable part. The Regional Administrator must send the final determination to
the owner or operator by certified mail or by personal delivery. If the owner or
operator is a corporation, the Regional Administrator must also mail a copy of
the final determination to the registered agent, if any and if known, of the
corporation in the State where the facility is located.
(4) If the Regional Administrator makes a final determination that an SPCC
Plan, or applicable part, is necessary, the owner or operator must prepare the
Plan, or applicable part, within six months of that final determination and
implement the Plan, or applicable part, as soon as possible, but not later than
one year after the Regional Administrator has made a final determination.
(5) The owner or operator may appeal a final determination made by the
Regional Administrator requiring preparation and implementation of an SPCC Plan,
or applicable part, under this paragraph. The owner or operator must make the
appeal to the Administrator of EPA within 30 days of receipt of the final
determination under paragraph (b)(3) of this section from the Regional
Administrator requiring preparation and/or implementation of an SPCC Plan, or
applicable part. The owner or operator must send a complete copy of the appeal
to the Regional Administrator at the time he makes the appeal to the
Administrator. The appeal must contain a clear and concise statement of the
issues and points of fact in the case. In the appeal, the owner or operator may
also provide additional information. The additional information may be from any
person. The Administrator may request additional information from the owner or
operator. The Administrator must render a decision within 60 days of receiving
the appeal or additional information submitted by the owner or operator and must
serve the owner or operator with the decision made in the appeal in the manner
described in paragraph (f)(1) of this section.
[TOP] §112.2
Definitions.
For the purposes of this part:
Adverse weather means weather conditions that make it difficult for
response equipment and personnel to clean up or remove spilled oil, and that
must be considered when identifying response systems and equipment in a response
plan for the applicable operating environment. Factors to consider include
significant wave height as specified in Appendix E to this part (as
appropriate), ice conditions, temperatures, weather-related visibility, and
currents within the area in which the systems or equipment is intended to
function.
Alteration means any work on a container involving cutting, burning,
welding, or heating operations that changes the physical dimensions or
configuration of the container.
Animal fat means a non-petroleum oil, fat, or grease of animal, fish,
or marine mammal origin.
Breakout tank means a container used to relieve surges in an oil
pipeline system or to receive and store oil transported by a pipeline for
reinjection and continued transportation by pipeline.
Bulk storage container means any container used to store oil. These
containers are used for purposes including, but not limited to, the storage of
oil prior to use, while being used, or prior to further distribution in
commerce. Oil-filled electrical, operating, or manufacturing equipment is not a
bulk storage container.
Bunkered tank means a container constructed or placed in the ground by
cutting the earth and re-covering the container in a manner that breaks the
surrounding natural grade, or that lies above grade, and is covered with earth,
sand, gravel, asphalt, or other material. A bunkered tank is considered an
aboveground storage container for purposes of this part.
Completely buried tank means any container completely below grade and
covered with earth, sand, gravel, asphalt, or other material. Containers in
vaults, bunkered tanks, or partially buried tanks are considered aboveground
storage containers for purposes of this part.
Complex means a facility possessing a combination of
transportation-related and non-transportation-related components that is subject
to the jurisdiction of more than one Federal agency under section 311(j) of the
CWA.
Contiguous zone means the zone established by the United States under
Article 24 of the Convention of the Territorial Sea and Contiguous Zone, that is
contiguous to the territorial sea and that extends nine miles seaward from the
outer limit of the territorial area.
Contract or other approved means means:
(1) A written contractual agreement with an oil spill removal organization
that identifies and ensures the availability of the necessary personnel and
equipment within appropriate response times; and/or
(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; and/or
(3) Active membership in a local or regional oil spill removal 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; and/or
(4) Any other specific arrangement approved by the Regional Administrator
upon request of the owner or operator.
Discharge includes, but is not limited to, any spilling, leaking,
pumping, pouring, emitting, emptying, or dumping of oil, but excludes discharges
in compliance with a permit under section 402 of the CWA; discharges resulting
from circumstances identified, reviewed, and made a part of the public record
with respect to a permit issued or modified under section 402 of the CWA, and
subject to a condition in such permit; or continuous or anticipated intermittent
discharges from a point source, identified in a permit or permit application
under section 402 of the CWA, that are caused by events occurring within the
scope of relevant operating or treatment systems. For purposes of this part, the
term discharge shall not include any discharge of oil that is authorized by a
permit issued under section 13 of the River and Harbor Act of 1899 (33 U.S.C.
407).
Facility means any mobile or fixed, onshore or offshore building,
structure, installation, equipment, pipe, or pipeline (other than a vessel or a
public vessel) used in oil well drilling operations, oil production, oil
refining, oil storage, oil gathering, oil processing, oil transfer, oil
distribution, and waste treatment, or in which oil is used, as described in
Appendix A to this part. The boundaries of a facility depend on several
site-specific factors, including, but not limited to, the ownership or operation
of buildings, structures, and equipment on the same site and the types of
activity at the site.
Fish and wildlife and sensitive environments means areas that may be
identified by their legal designation or by evaluations of Area Committees (for
planning) or members of the Federal On-Scene Coordinator's spill response
structure (during responses). These areas may include wetlands, National and
State parks, critical habitats for endangered or threatened species, wilderness
and natural resource areas, marine sanctuaries and estuarine reserves,
conservation areas, preserves, wildlife areas, wildlife refuges, wild and scenic
rivers, recreational areas, national forests, Federal and State lands that are
research national areas, heritage program areas, land trust areas, and
historical and archaeological sites and parks. These areas may also include
unique habitats such as aquaculture sites and agricultural surface water
intakes, bird nesting areas, critical biological resource areas, designated
migratory routes, and designated seasonal habitats.
Injury means a measurable adverse change, either long- or short-term,
in the chemical or physical quality or the viability of a natural resource
resulting either directly or indirectly from exposure to a discharge, or
exposure to a product of reactions resulting from a discharge.
Maximum extent practicable means within the limitations used to
determine oil spill planning resources and response times for on-water recovery,
shoreline protection, and cleanup for worst case discharges from onshore
non-transportation-related facilities in adverse weather. It includes the
planned capability to respond to a worst case discharge in adverse weather, as
contained in a response plan that meets the requirements in §112.20 or in a
specific plan approved by the Regional Administrator.
Navigable waters means the waters of the United States, including the
territorial seas.
(1) The term includes:
(i) All waters that are currently used, were used in the past, or may be
susceptible to use in interstate or foreign commerce, including all waters
subject to the ebb and flow of the tide;
(ii) All interstate waters, including interstate wetlands;
(iii) All other waters such as intrastate lakes, rivers, streams (including
intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes,
wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction
of which could affect interstate or foreign commerce including any such waters:
(A) That are or could be used by interstate or foreign travelers for
recreational or other purposes; or
(B) From which fish or shellfish are or could be taken and sold in interstate
or foreign commerce; or,
(C) That are or could be used for industrial purposes by industries in
interstate commerce;
(iv) All impoundments of waters otherwise defined as waters of the United
States under this section;
(v) Tributaries of waters identified in paragraphs (1)(i) through (iv) of
this definition;
(vi) The territorial sea; and
(vii) Wetlands adjacent to waters (other than waters that are themselves
wetlands) identified in paragraph (1) of this definition.
(2) Waste treatment systems, including treatment ponds or lagoons designed to
meet the requirements of the CWA (other than cooling ponds which also meet the
criteria of this definition) are not waters of the United States. Navigable
waters do not include prior converted cropland. Notwithstanding the
determination of an area's status as prior converted cropland by any other
Federal agency, for the purposes of the CWA, the final authority regarding CWA
jurisdiction remains with EPA.
Non-petroleum oil means oil of any kind that is not petroleum-based,
including but not limited to: Fats, oils, and greases of animal, fish, or marine
mammal origin; and vegetable oils, including oils from seeds, nuts, fruits, and
kernels.
Offshore facility means any facility of any kind (other than a vessel
or public vessel) located in, on, or under any of the navigable waters of the
United States, and any facility of any kind that is subject to the jurisdiction
of the United States and is located in, on, or under any other waters.
Oil means oil of any kind or in any form, including, but not limited
to: fats, oils, or greases of animal, fish, or marine mammal origin; vegetable
oils, including oils from seeds, nuts, fruits, or kernels; and, other oils and
greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils,
oil refuse, or oil mixed with wastes other than dredged spoil.
Oil Spill Removal Organization means an entity that provides oil spill
response resources, and includes any for-profit or not-for-profit contractor,
cooperative, or in-house response resources that have been established in a
geographic area to provide required response resources.
Onshore facility means any facility of any kind located in, on, or
under any land within the United States, other than submerged lands.
Owner or operator means any person owning or operating an onshore
facility or an offshore facility, and in the case of any abandoned offshore
facility, the person who owned or operated or maintained the facility
immediately prior to such abandonment.
Partially buried tank means a storage container that is partially
inserted or constructed in the ground, but not entirely below grade, and not
completely covered with earth, sand, gravel, asphalt, or other material. A
partially buried tank is considered an aboveground storage container for
purposes of this part.
Permanently closed means any container or facility for which:
(1) All liquid and sludge has been removed from each container and connecting
line; and
(2) All connecting lines and piping have been disconnected from the container
and blanked off, all valves (except for ventilation valves) have been closed and
locked, and conspicuous signs have been posted on each container stating that it
is a permanently closed container and noting the date of closure.
Person includes an individual, firm, corporation, association, or
partnership.
Petroleum oil means petroleum in any form, including but not limited
to crude oil, fuel oil, mineral oil, sludge, oil refuse, and refined products.
Production facility means all structures (including but not limited to
wells, platforms, or storage facilities), piping (including but not limited to
flowlines or gathering lines), or equipment (including but not limited to
workover equipment, separation equipment, or auxiliary
non-transportation-related equipment) used in the production, extraction,
recovery, lifting, stabilization, separation or treating of oil, or associated
storage or measurement, and located in a single geographical oil or gas field
operated by a single operator.
Regional Administrator means the Regional Administrator of the
Environmental Protection Agency, in and for the Region in which the facility is
located.
Repair means any work necessary to maintain or restore a container to
a condition suitable for safe operation, other than that necessary for ordinary,
day-to-day maintenance to maintain the functional integrity of the container and
that does not weaken the container.
Spill Prevention, Control, and Countermeasure Plan; SPCC Plan, or Plan
means the document required by §112.3 that details the equipment, workforce,
procedures, and steps to prevent, control, and provide adequate countermeasures
to a discharge.
Storage capacity of a container means the shell capacity of the
container.
Transportation-related and non-transportation-related , as applied to
an onshore or offshore facility, are defined in the Memorandum of Understanding
between the Secretary of Transportation and the Administrator of the
Environmental Protection Agency, dated November 24, 1971, (Appendix A of this
part).
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, American Samoa, the U.S. Virgin Islands, and the Pacific Island
Governments.
Vegetable oil means a non-petroleum oil or fat of vegetable origin,
including but not limited to oils and fats derived from plant seeds, nuts,
fruits, and kernels.
Vessel means every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of transportation on
water, other than a public vessel.
Wetlands means those areas that are inundated or saturated by surface
or groundwater at a frequency or duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include playa lakes,
swamps, marshes, bogs, and similar areas such as sloughs, prairie potholes, wet
meadows, prairie river overflows, mudflats, and natural ponds.
Worst case discharge for an onshore non-transportation-related
facility means the largest foreseeable discharge in adverse weather conditions
as determined using the worksheets in Appendix D to this part.
[TOP] §112.3
Requirement to prepare and implement a Spill Prevention, Control, and
Countermeasure Plan.
The owner or operator of an onshore or offshore facility subject to this
section must prepare a Spill Prevention, Control, and Countermeasure Plan
(hereafter "SPCC Plan" or "Plan)," in writing, and in accordance with §112.7,
and any other applicable section of this part.
(a) If your onshore or offshore facility was in operation on or before August
16, 2002, you must maintain your Plan, but must amend it, if necessary to ensure
compliance with this part, on or before April 17, 2003, and must implement the
amended Plan as soon as possible, but not later than October 18, 2003. If your
onshore or offshore facility becomes operational after August 16, 2002, through
October 18, 2003, and could reasonably be expected to have a discharge as
described in §112.1(b), you must prepare a Plan on or before October 18, 2003,
and fully implement it as soon as possible, but not later than October 18, 2003.
(b) If you are the owner or operator of an onshore or offshore facility that
becomes operational after October 18, 2003, and could reasonably be expected to
have a discharge as described in §112.1(b), you must prepare and implement a
Plan before you begin operations.
(c) If you are the owner or operator of an onshore or offshore mobile
facility, such as an onshore drilling or workover rig, barge mounted offshore
drilling or workover rig, or portable fueling facility, you must prepare,
implement, and maintain a facility Plan as required by this section. This
provision does not require that you prepare a new Plan each time you move the
facility to a new site. The Plan may be a general plan. When you move the mobile
or portable facility, you must locate and install it using the discharge
prevention practices outlined in the Plan for the facility. You may not operate
a mobile or portable facility subject to this part unless you have implemented
the Plan. The Plan is applicable only while the facility is in a fixed
(non-transportation) operating mode.
(d) A licensed Professional Engineer must review and certify a Plan for it to
be effective to satisfy the requirements of this part.
(1) By means of this certification the Professional Engineer attests:
(i) That he is familiar with the requirements of this part ;
(ii) That he or his agent has visited and examined the facility;
(iii) That the Plan has been prepared in accordance with good engineering
practice, including consideration of applicable industry standards, and with the
requirements of this part;
(iv) That procedures for required inspections and testing have been
established; and
(v) That the Plan is adequate for the facility.
(2) Such certification shall in no way relieve the owner or operator of a
facility of his duty to prepare and fully implement such Plan in accordance with
the requirements of this part.
(e) If you are the owner or operator of a facility for which a Plan is
required under this section, you must:
(1) Maintain a complete copy of the Plan at the facility if the facility is
normally attended at least four hours per day, or at the nearest field office if
the facility is not so attended, and
(2) Have the Plan available to the Regional Administrator for on-site review
during normal working hours.
(f) Extension of time. (1) The Regional Administrator may authorize an
extension of time for the preparation and full implementation of a Plan, or any
amendment thereto, beyond the time permitted for the preparation,
implementation, or amendment of a Plan under this part, when he finds that the
owner or operator of a facility subject to this section, cannot fully comply
with the requirements as a result of either nonavailability of qualified
personnel, or delays in construction or equipment delivery beyond the control
and without the fault of such owner or operator or his agents or employees.
(2) If you are an owner or operator seeking an extension of time under
paragraph (f)(1) of this section, you may submit a written extension request to
the Regional Administrator. Your request must include:
(i) A full explanation of the cause for any such delay and the specific
aspects of the Plan affected by the delay;
(ii) A full discussion of actions being taken or contemplated to minimize or
mitigate such delay; and
(iii) A proposed time schedule for the implementation of any corrective
actions being taken or contemplated, including interim dates for completion of
tests or studies, installation and operation of any necessary equipment, or
other preventive measures. In addition you may present additional oral or
written statements in support of your extension request.
(3) The submission of a written extension request under paragraph (f)(2) of
this section does not relieve you of your obligation to comply with the
requirements of this part. The Regional Administrator may request a copy of your
Plan to evaluate the extension request. When the Regional Administrator
authorizes an extension of time for particular equipment or other specific
aspects of the Plan, such extension does not affect your obligation to comply
with the requirements related to other equipment or other specific aspects of
the Plan for which the Regional Administrator has not expressly authorized an
extension.
[67 FR 47140, July 17, 2002, as amended at 68 FR 1351, Jan. 9,
2003]
[TOP] §112.4
Amendment of Spill Prevention, Control, and Countermeasure Plan by Regional
Administrator.
If you are the owner or operator of a facility subject to this part, you
must:
(a) Notwithstanding compliance with §112.3, whenever your facility has
discharged more than 1,000 U.S. gallons of oil in a single discharge as
described in §112.1(b), or discharged more than 42 U.S. gallons of oil in each
of two discharges as described in §112.1(b), occurring within any twelve month
period, submit the following information to the Regional Administrator within 60
days from the time the facility becomes subject to this section:
(1) Name of the facility;
(2) Your name;
(3) Location of the facility;
(4) Maximum storage or handling capacity of the facility and normal daily
throughput;
(5) Corrective action and countermeasures you have taken, including a
description of equipment repairs and replacements;
(6) An adequate description of the facility, including maps, flow diagrams,
and topographical maps, as necessary;
(7) The cause of such discharge as described in §112.1(b), including a
failure analysis of the system or subsystem in which the failure occurred;
(8) Additional preventive measures you have taken or contemplated to minimize
the possibility of recurrence; and
(9) Such other information as the Regional Administrator may reasonably
require pertinent to the Plan or discharge.
(b) Take no action under this section until it applies to your facility. This
section does not apply until the expiration of the time permitted for the
initial preparation and implementation of the Plan under §112.3, but not
including any amendments to the Plan.
(c) Send to the appropriate agency or agencies in charge of oil pollution
control activities in the State in which the facility is located a complete copy
of all information you provided to the Regional Administrator under paragraph
(a) of this section. Upon receipt of the information such State agency or
agencies may conduct a review and make recommendations to the Regional
Administrator as to further procedures, methods, equipment, and other
requirements necessary to prevent and to contain discharges from your facility.
(d) Amend your Plan, if after review by the Regional Administrator of the
information you submit under paragraph (a) of this section, or submission of
information to EPA by the State agency under paragraph (c) of this section, or
after on-site review of your Plan, the Regional Administrator requires that you
do so. The Regional Administrator may require you to amend your Plan if he finds
that it does not meet the requirements of this part or that amendment is
necessary to prevent and contain discharges from your facility.
(e) Act in accordance with this paragraph when the Regional Administrator
proposes by certified mail or by personal delivery that you amend your SPCC
Plan. If the owner or operator is a corporation, he must also notify by mail the
registered agent of such corporation, if any and if known, in the State in which
the facility is located. The Regional Administrator must specify the terms of
such proposed amendment. Within 30 days from receipt of such notice, you may
submit written information, views, and arguments on the proposed amendment.
After considering all relevant material presented, the Regional Administrator
must either notify you of any amendment required or rescind the notice. You must
amend your Plan as required within 30 days after such notice, unless the
Regional Administrator, for good cause, specifies another effective date. You
must implement the amended Plan as soon as possible, but not later than six
months after you amend your Plan, unless the Regional Administrator specifies
another date.
(f) If you appeal a decision made by the Regional Administrator requiring an
amendment to an SPCC Plan, send the appeal to the EPA Administrator in writing
within 30 days of receipt of the notice from the Regional Administrator
requiring the amendment under paragraph (e) of this section. You must send a
complete copy of the appeal to the Regional Administrator at the time you make
the appeal. The appeal must contain a clear and concise statement of the issues
and points of fact in the case. It may also contain additional information from
you, or from any other person. The EPA Administrator may request additional
information from you, or from any other person. The EPA Administrator must
render a decision within 60 days of receiving the appeal and must notify you of
his decision.
[TOP] §112.5
Amendment of Spill Prevention, Control, and Countermeasure Plan by owners or
operators.
If you are the owner or operator of a facility subject to this part, you
must:
(a) Amend the SPCC Plan for your facility in accordance with the general
requirements in §112.7, and with any specific section of this part applicable to
your facility, when there is a change in the facility design, construction,
operation, or maintenance that materially affects its potential for a discharge
as described in §112.1(b). 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 a
facility. An amendment made under this section must be prepared within six
months, and implemented as soon as possible, but not later than six months
following preparation of the amendment.
(b) Notwithstanding compliance with paragraph (a) of this section, complete a
review and evaluation of the SPCC Plan at least once every five years from the
date your facility becomes subject to this part; or, if your facility was in
operation on or before August 16, 2002, five years from the date your last
review was required under this part. As a result of this review and evaluation,
you must amend your SPCC Plan 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 as described in §112.1(b) from the facility. You must
implement any amendment as soon as possible, but not later than six months
following preparation of any amendment. You must document your completion of the
review and evaluation, and must sign a statement as to whether you will amend
the Plan, either at the beginning or end of the Plan or in a log or an appendix
to the Plan. The following words will suffice, "I have completed review and
evaluation of the SPCC Plan for (name of facility) on (date), and will (will
not) amend the Plan as a result."
(c) Have a Professional Engineer certify any technical amendment to your Plan
in accordance with §112.3(d).
[TOP] §112.6
[Reserved]
[TOP] §112.7
General requirements for Spill Prevention, Control, and Countermeasure
Plans.
If you are the owner or operator of a facility subject to this part you must
prepare a Plan in accordance with good engineering practices. The Plan must have
the full approval of management at a level of authority to commit the necessary
resources to fully implement the Plan. You must prepare the Plan in writing. If
you do not follow the sequence specified in this section for the Plan, you must
prepare an equivalent Plan acceptable to the Regional Administrator that meets
all of the applicable requirements listed in this part, and you must supplement
it with a section cross-referencing the location of requirements listed in this
part and the equivalent requirements in the other prevention plan. If the Plan
calls for additional facilities or procedures, methods, or equipment not yet
fully operational, you must discuss these items in separate paragraphs, and must
explain separately the details of installation and operational start-up. As
detailed elsewhere in this section, you must also:
(a)(1) Include a discussion of your facility's conformance with the
requirements listed in this part.
(2) Comply with all applicable requirements listed in this part. Your Plan
may deviate from the requirements in paragraphs (g), (h)(2) and (3), and (i) of
this section and the requirements in subparts B and C of this part, except the
secondary containment requirements in paragraphs (c) and (h)(1) of this section,
and §§112.8(c)(2),112.8(c)(11), 112.9(c)(2), 112.10(c), 112.12(c)(2),
112.12(c)(11),112.13(c)(2), and 112.14(c), where applicable to a specific
facility, if you provide equivalent environmental protection by some other means
of spill prevention, control, or countermeasure. Where your Plan does not
conform to the applicable requirements in paragraphs (g), (h)(2) and (3), and
(i) of this section, or the requirements of subparts B and C of this part,
except the secondary containment requirements in paragraphs (c) and (h)(1) of
this section, and §§112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.10(c),
112.12(c)(2), 112.12(c)(11), 112.13(c)(2), and 112.14(c), you must state the
reasons for nonconformance in your Plan and describe in detail alternate methods
and how you will achieve equivalent environmental protection. If the Regional
Administrator determines that the measures described in your Plan do not provide
equivalent environmental protection, he may require that you amend your Plan,
following the procedures in §112.4(d) and (e).
(3) Describe in your Plan the physical layout of the facility and include a
facility diagram, which must mark the location and contents of each container.
The facility diagram must include completely buried tanks that are otherwise
exempted from the requirements of this part under §112.1(d)(4). The facility
diagram must also include all transfer stations and connecting pipes. You must
also address in your Plan:
(i) The type of oil in each container and its storage capacity;
(ii) Discharge prevention measures including procedures for routine handling
of products (loading, unloading, and facility transfers, etc. );
(iii) Discharge or drainage controls such as secondary containment around
containers and other structures, equipment, and procedures for the control of a
discharge;
(iv) Countermeasures for discharge discovery, response, and cleanup (both the
facility's capability and those that might be required of a contractor);
(v) Methods of disposal of recovered materials in accordance with applicable
legal requirements; and
(vi) Contact list and phone numbers for the facility response coordinator,
National Response Center, cleanup contractors with whom you have an agreement
for response, and all appropriate Federal, State, and local agencies who must be
contacted in case of a discharge as described in §112.1(b).
(4) Unless you have submitted a response plan under §112.20, provide
information and procedures in your Plan to enable a person reporting a discharge
as described in §112.1(b) to relate information on the exact address or location
and phone number of the facility; the date and time of the discharge, the type
of material discharged; estimates of the total quantity discharged; estimates of
the quantity discharged as described in §112.1(b); the source of the discharge;
a description of all affected media; the cause of the discharge; any damages or
injuries caused by the discharge; actions being used to stop, remove, and
mitigate the effects of the discharge; whether an evacuation may be needed; and,
the names of individuals and/or organizations who have also been contacted.
(5) Unless you have submitted a response plan under §112.20, organize
portions of the Plan describing procedures you will use when a discharge occurs
in a way that will make them readily usable in an emergency, and include
appropriate supporting material as appendices.
(b) Where experience indicates a reasonable potential for equipment failure
(such as loading or unloading equipment, tank overflow, rupture, or leakage, or
any other equipment known to be a source of a discharge), include in your Plan a
prediction of the direction, rate of flow, and total quantity of oil which could
be discharged from the facility as a result of each type of major equipment
failure.
(c) Provide appropriate containment and/or diversionary structures or
equipment to prevent a discharge as described in §112.1(b). The entire
containment system, including walls and floor, must be capable of containing oil
and must be constructed so that any discharge from a primary containment system,
such as a tank or pipe, will not escape the containment system before cleanup
occurs. At a minimum, you must use one of the following prevention systems or
its equivalent:
(1) For onshore facilities:
(i) Dikes, berms, or retaining walls sufficiently impervious to contain oil;
(ii) Curbing;
(iii) Culverting, gutters, or other drainage systems;
(iv) Weirs, booms, or other barriers;
(v) Spill diversion ponds;
(vi) Retention ponds; or
(vii) Sorbent materials.
(2) For offshore facilities:
(i) Curbing or drip pans; or
(ii) Sumps and collection systems.
(d) If you determine that the installation of any of the structures or pieces
of equipment listed in paragraphs (c) and (h)(1) of this section, and
§§112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.10(c), 112.12(c)(2),
112.12(c)(11), 112.13(c)(2), and 112.14(c) to prevent a discharge as described
in §112.1(b) from any onshore or offshore facility is not practicable, you must
clearly explain in your Plan why such measures are not practicable; for bulk
storage containers, conduct both periodic integrity testing of the containers
and periodic integrity and leak testing of the valves and piping; and, unless
you have submitted a response plan under §112.20, provide in your Plan the
following:
(1) An oil spill contingency plan following the provisions of part 109 of
this chapter.
(2) A written commitment of manpower, equipment, and materials required to
expeditiously control and remove any quantity of oil discharged that may be
harmful.
(e) Inspections, tests, and records. Conduct inspections and tests
required by this part in accordance with written procedures that you or the
certifying engineer develop for the facility. You must keep these written
procedures and a record of the inspections and tests, signed by the appropriate
supervisor or inspector, with the SPCC Plan for a period of three years. Records
of inspections and tests kept under usual and customary business practices will
suffice for purposes of this paragraph.
(f) Personnel, training, and discharge prevention procedures. (1) At a
minimum, train your oil-handling personnel in the operation and maintenance of
equipment to prevent discharges; discharge procedure protocols; applicable
pollution control laws, rules, and regulations; general facility operations;
and, the contents of the facility SPCC Plan.
(2) Designate a person at each applicable facility who is accountable for
discharge prevention and who reports to facility management.
(3) Schedule and conduct discharge prevention briefings for your oil-handling
personnel at least once a year to assure adequate understanding of the SPCC Plan
for that facility. Such briefings must highlight and describe known discharges
as described in §112.1(b) or failures, malfunctioning components, and any
recently developed precautionary measures.
(g) Security (excluding oil production facilities). (1) Fully fence
each facility handling, processing, or storing oil, and lock and/or guard
entrance gates when the facility is not in production or is unattended.
(2) Ensure that the master flow and drain valves and any other valves
permitting direct outward flow of the container's contents to the surface have
adequate security measures so that they remain in the closed position when in
non-operating or non-standby status.
(3) Lock the starter control on each oil pump in the "off" position and
locate it at a site accessible only to authorized personnel when the pump is in
a non-operating or non-standby status.
(4) Securely cap or blank-flange the loading/unloading connections of oil
pipelines or facility piping when not in service or when in standby service for
an extended time. This security practice also applies to piping that is emptied
of liquid content either by draining or by inert gas pressure.
(5) Provide facility lighting commensurate with the type and location of the
facility that will assist in the:
(i) Discovery of discharges occurring during hours of darkness, both by
operating personnel, if present, and by non-operating personnel (the general
public, local police, etc.); and
(ii) Prevention of discharges occurring through acts of vandalism.
(h) Facility tank car and tank truck loading/unloading rack (excluding
offshore facilities). (1) Where loading/unloading area drainage does not
flow into a catchment basin or treatment facility designed to handle discharges,
use a quick drainage system for tank car or tank truck loading and unloading
areas. You must design any containment system to hold at least the maximum
capacity of any single compartment of a tank car or tank truck loaded or
unloaded at the facility.
(2) Provide an interlocked warning light or physical barrier system, warning
signs, wheel chocks, or vehicle break interlock system in loading/unloading
areas to prevent vehicles from departing before complete disconnection of
flexible or fixed oil transfer lines.
(3) Prior to filling and departure of any tank car or tank truck, closely
inspect for discharges the lowermost drain and all outlets of such vehicles, and
if necessary, ensure that they are tightened, adjusted, or replaced to prevent
liquid discharge while in transit.
(i) If a field-constructed aboveground container undergoes a repair,
alteration, reconstruction, or a change in service that might affect the risk of
a discharge or failure due to brittle fracture or other catastrophe, or has
discharged oil or failed due to brittle fracture failure or other catastrophe,
evaluate the container for risk of discharge or failure due to brittle fracture
or other catastrophe, and as necessary, take appropriate action.
(j) In addition to the minimal prevention standards listed under this
section, include in your Plan a complete discussion of conformance with the
applicable requirements and other effective discharge prevention and containment
procedures listed in this part or any applicable more stringent State rules,
regulations, and guidelines.
Subpart B -- Requirements for Petroleum Oils and Non-Petroleum Oils,
Except Animal Fats and Oils and Greases, and Fish and Marine Mammal Oils; and
Vegetable Oils (Including Oils from Seeds, Nuts, Fruits, and
Kernels)
Source: 67
FR 47146 , July 17, 2002, unless otherwise noted.
[TOP] §112.8
Spill Prevention, Control, and Countermeasure Plan requirements for onshore
facilities (excluding production facilities).
If you are the owner or operator of an onshore facility (excluding a
production facility), you must:
(a) Meet the general requirements for the Plan listed under §112.7, and the
specific discharge prevention and containment procedures listed in this section.
(b) Facility drainage. (1) Restrain drainage from diked storage areas
by valves to prevent a discharge into the drainage system or facility effluent
treatment system, except where facility systems are designed to control such
discharge. You may empty diked areas by pumps or ejectors; however, you must
manually activate these pumps or ejectors and must inspect the condition of the
accumulation before starting, to ensure no oil will be discharged.
(2) Use valves of manual, open-and-closed design, for the drainage of diked
areas. You may not use flapper-type drain valves to drain diked areas. If your
facility drainage drains directly into a watercourse and not into an on-site
wastewater treatment plant, you must inspect and may drain uncontaminated
retained stormwater, as provided in paragraphs (c)(3)(ii), (iii), and (iv) of
this section.
(3) Design facility drainage systems from undiked areas with a potential for
a discharge (such as where piping is located outside containment walls or where
tank truck discharges may occur outside the loading area) to flow into ponds,
lagoons, or catchment basins designed to retain oil or return it to the
facility. You must not locate catchment basins in areas subject to periodic
flooding.
(4) If facility drainage is not engineered as in paragraph (b)(3) of this
section, equip the final discharge of all ditches inside the facility with a
diversion system that would, in the event of an uncontrolled discharge, retain
oil in the facility.
(5) Where drainage waters are treated in more than one treatment unit and
such treatment is continuous, and pump transfer is needed, provide two "lift"
pumps and permanently install at least one of the pumps. Whatever techniques you
use, you must engineer facility drainage systems to prevent a discharge as
described in §112.1(b) in case there is an equipment failure or human error at
the facility.
(c) Bulk storage containers. (1) Not use a container for the storage
of oil unless its material and construction are compatible with the material
stored and conditions of storage such as pressure and temperature.
(2) Construct all bulk storage container installations so that you provide a
secondary means of containment for the entire capacity of the largest single
container and sufficient freeboard to contain precipitation. You must ensure
that diked areas are sufficiently impervious to contain discharged oil. Dikes,
containment curbs, and pits are commonly employed for this purpose. You may also
use an alternative system consisting of a drainage trench enclosure that must be
arranged so that any discharge will terminate and be safely confined in a
facility catchment basin or holding pond.
(3) Not allow drainage of uncontaminated rainwater from the diked area into a
storm drain or discharge of an effluent into an open watercourse, lake, or pond,
bypassing the facility treatment system unless you:
(i) Normally keep the bypass valve sealed closed.
(ii) Inspect the retained rainwater to ensure that its presence will not
cause a discharge as described in §112.1(b).
(iii) Open the bypass valve and reseal it following drainage under
responsible supervision; and
(iv) Keep adequate records of such events, for example, any records required
under permits issued in accordance with §§122.41(j)(2) and 122.41(m)(3) of this
chapter.
(4) Protect any completely buried metallic storage tank installed on or after
January 10, 1974 from corrosion by coatings or cathodic protection compatible
with local soil conditions. You must regularly leak test such completely buried
metallic storage tanks.
(5) Not use partially buried or bunkered metallic tanks for the storage of
oil, unless you protect the buried section of the tank from corrosion. You must
protect partially buried and bunkered tanks from corrosion by coatings or
cathodic protection compatible with local soil conditions.
(6) Test each aboveground container for integrity on a regular schedule, and
whenever you make material repairs. The frequency of and type of testing must
take into account container size and design (such as floating roof,
skid-mounted, elevated, or partially buried). You must combine visual inspection
with another testing technique such as hydrostatic testing, radiographic
testing, ultrasonic testing, acoustic emissions testing, or another system of
non-destructive shell testing. You must keep comparison records and you must
also inspect the container's supports and foundations. In addition, you must
frequently inspect the outside of the container for signs of deterioration,
discharges, or accumulation of oil inside diked areas. Records of inspections
and tests kept under usual and customary business practices will suffice for
purposes of this paragraph.
(7) Control leakage through defective internal heating coils by monitoring
the steam return and exhaust lines for contamination from internal heating coils
that discharge into an open watercourse, or pass the steam return or exhaust
lines through a settling tank, skimmer, or other separation or retention system.
(8) Engineer or update each container installation in accordance with good
engineering practice to avoid discharges. You must provide at least one of the
following devices:
(i) High liquid level alarms with an audible or visual signal at a constantly
attended operation or surveillance station. In smaller facilities an audible air
vent may suffice.
(ii) High liquid level pump cutoff devices set to stop flow at a
predetermined container content level.
(iii) Direct audible or code signal communication between the container
gauger and the pumping station.
(iv) A fast response system for determining the liquid level of each bulk
storage container such as digital computers, telepulse, or direct vision gauges.
If you use this alternative, a person must be present to monitor gauges and the
overall filling of bulk storage containers.
(v) You must regularly test liquid level sensing devices to ensure proper
operation.
(9) Observe effluent treatment facilities frequently enough to detect
possible system upsets that could cause a discharge as described in §112.1(b).
(10) Promptly correct visible discharges which result in a loss of oil from
the container, including but not limited to seams, gaskets, piping, pumps,
valves, rivets, and bolts. You must promptly remove any accumulations of oil in
diked areas.
(11) Position or locate mobile or portable oil storage containers to prevent
a discharge as described in §112.1(b). You must furnish a secondary means of
containment, such as a dike or catchment basin, sufficient to contain the
capacity of the largest single compartment or container with sufficient
freeboard to contain precipitation.
(d) Facility transfer operations, pumping, and facility process. (1)
Provide buried piping that is installed or replaced on or after August 16, 2002,
with a protective wrapping and coating. You must also cathodically protect such
buried piping installations or otherwise satisfy the corrosion protection
standards for piping in part 280 of this chapter or a State program approved
under part 281 of this chapter. If a section of buried line is exposed for any
reason, you must carefully inspect it for deterioration. If you find corrosion
damage, you must undertake additional examination and corrective action as
indicated by the magnitude of the damage.
(2) Cap or blank-flange the terminal connection at the transfer point and
mark it as to origin when piping is not in service or is in standby service for
an extended time.
(3) Properly design pipe supports to minimize abrasion and corrosion and
allow for expansion and contraction.
(4) Regularly inspect all aboveground valves, piping, and appurtenances.
During the inspection you must assess the general condition of items, such as
flange joints, expansion joints, valve glands and bodies, catch pans, pipeline
supports, locking of valves, and metal surfaces. You must also conduct integrity
and leak testing of buried piping at the time of installation, modification,
construction, relocation, or replacement.
(5) Warn all vehicles entering the facility to be sure that no vehicle will
endanger aboveground piping or other oil transfer operations.
[TOP] §112.9
Spill Prevention, Control, and Countermeasure Plan requirements for onshore
oil production facilities.
If you are the owner or operator of an onshore production facility, you must:
(a) Meet the general requirements for the Plan listed under §112.7, and the
specific discharge prevention and containment procedures listed under this
section.
(b) Oil production facility drainage. (1) At tank batteries and
separation and treating areas where there is a reasonable possibility of a
discharge as described in §112.1(b), close and seal at all times drains of dikes
or drains of equivalent measures required under §112.7(c)(1), except when
draining uncontaminated rainwater. Prior to drainage, you must inspect the diked
area and take action as provided in §112.8(c)(3)(ii), (iii), and (iv). You must
remove accumulated oil on the rainwater and return it to storage or dispose of
it in accordance with legally approved methods.
(2) Inspect at regularly scheduled intervals field drainage systems (such as
drainage ditches or road ditches), and oil traps, sumps, or skimmers, for an
accumulation of oil that may have resulted from any small discharge. You must
promptly remove any accumulations of oil.
(c) Oil production facility bulk storage containers. (1) Not use a
container for the storage of oil unless its material and construction are
compatible with the material stored and the conditions of storage.
(2) Provide all tank battery, separation, and treating facility installations
with a secondary means of containment for the entire capacity of the largest
single container and sufficient freeboard to contain precipitation. You must
safely confine drainage from undiked areas in a catchment basin or holding pond.
(3) Periodically and upon a regular schedule visually inspect each container
of oil for deterioration and maintenance needs, including the foundation and
support of each container that is on or above the surface of the ground.
(4) Engineer or update new and old tank battery installations in accordance
with good engineering practice to prevent discharges. You must provide at least
one of the following:
(i) Container capacity adequate to assure that a container will not overfill
if a pumper/gauger is delayed in making regularly scheduled rounds.
(ii) Overflow equalizing lines between containers so that a full container
can overflow to an adjacent container.
(iii) Vacuum protection adequate to prevent container collapse during a
pipeline run or other transfer of oil from the container.
(iv) High level sensors to generate and transmit an alarm signal to the
computer where the facility is subject to a computer production control system.
(d) Facility transfer operations, oil production facility. (1)
Periodically and upon a regular schedule inspect all aboveground valves and
piping associated with transfer operations for the general condition of flange
joints, valve glands and bodies, drip pans, pipe supports, pumping well polish
rod stuffing boxes, bleeder and gauge valves, and other such items.
(2) Inspect saltwater (oil field brine) disposal facilities often,
particularly following a sudden change in atmospheric temperature, to detect
possible system upsets capable of causing a discharge.
(3) Have a program of flowline maintenance to prevent discharges from each
flowline.
[TOP] §112.10
Spill Prevention, Control, and Countermeasure Plan requirements for onshore
oil drilling and workover facilities.
If you are the owner or operator of an onshore oil drilling and workover
facility, you must:
(a) Meet the general requirements listed under §112.7, and also meet the
specific discharge prevention and containment procedures listed under this
section.
(b) Position or locate mobile drilling or workover equipment so as to prevent
a discharge as described in §112.1(b).
(c) Provide catchment basins or diversion structures to intercept and contain
discharges of fuel, crude oil, or oily drilling fluids.
(d) Install a blowout prevention (BOP) assembly and well control system
before drilling below any casing string or during workover operations. The BOP
assembly and well control system must be capable of controlling any well-head
pressure that may be encountered while that BOP assembly and well control system
are on the well.
[TOP] §112.11
Spill Prevention, Control, and Countermeasure Plan requirements for offshore
oil drilling, production, or workover facilities.
If you are the owner or operator of an offshore oil drilling, production, or
workover facility, you must:
(a) Meet the general requirements listed under §112.7, and also meet the
specific discharge prevention and containment procedures listed under this
section.
(b) Use oil drainage collection equipment to prevent and control small oil
discharges around pumps, glands, valves, flanges, expansion joints, hoses, drain
lines, separators, treaters, tanks, and associated equipment. You must control
and direct facility drains toward a central collection sump to prevent the
facility from having a discharge as described in §112.1(b). Where drains and
sumps are not practicable, you must remove oil contained in collection equipment
as often as necessary to prevent overflow.
(c) For facilities employing a sump system, provide adequately sized sump and
drains and make available a spare pump to remove liquid from the sump and assure
that oil does not escape. You must employ a regularly scheduled preventive
maintenance inspection and testing program to assure reliable operation of the
liquid removal system and pump start-up device. Redundant automatic sump pumps
and control devices may be required on some installations.
(d) At facilities with areas where separators and treaters are equipped with
dump valves which predominantly fail in the closed position and where pollution
risk is high, specially equip the facility to prevent the discharge of oil. You
must prevent the discharge of oil by:
(1) Extending the flare line to a diked area if the separator is near shore;
(2) Equipping the separator with a high liquid level sensor that will
automatically shut in wells producing to the separator; or
(3) Installing parallel redundant dump valves.
(e) Equip atmospheric storage or surge containers with high liquid level
sensing devices that activate an alarm or control the flow, or otherwise prevent
discharges.
(f) Equip pressure containers with high and low pressure sensing devices that
activate an alarm or control the flow.
(g) Equip containers with suitable corrosion protection.
(h) Prepare and maintain at the facility a written procedure within the Plan
for inspecting and testing pollution prevention equipment and systems.
(i) Conduct testing and inspection of the pollution prevention equipment and
systems at the facility on a scheduled periodic basis, commensurate with the
complexity, conditions, and circumstances of the facility and any other
appropriate regulations. You must use simulated discharges for testing and
inspecting human and equipment pollution control and countermeasure systems.
(j) Describe in detailed records surface and subsurface well shut-in valves
and devices in use at the facility for each well sufficiently to determine their
method of activation or control, such as pressure differential, change in fluid
or flow conditions, combination of pressure and flow, manual or remote control
mechanisms.
(k) Install a BOP assembly and well control system during workover operations
and before drilling below any casing string. The BOP assembly and well control
system must be capable of controlling any well-head pressure that may be
encountered while the BOP assembly and well control system are on the well.
(l) Equip all manifolds (headers) with check valves on individual flowlines.
(m) Equip the flowline with a high pressure sensing device and shut-in valve
at the wellhead if the shut-in well pressure is greater than the working
pressure of the flowline and manifold valves up to and including the header
valves. Alternatively you may provide a pressure relief system for flowlines.
(n) Protect all piping appurtenant to the facility from corrosion, such as
with protective coatings or cathodic protection.
(o) Adequately protect sub-marine piping appurtenant to the facility against
environmental stresses and other activities such as fishing operations.
(p) Maintain sub-marine piping appurtenant to the facility in good operating
condition at all times. You must periodically and according to a schedule
inspect or test such piping for failures. You must document and keep a record of
such inspections or tests at the facility.
Subpart C -- Requirements for Animal Fats and Oils and Greases, and Fish
and Marine Mammal Oils; and for Vegetable Oils, including Oils from Seeds, Nuts,
Fruits, and Kernels.
Source: 67
FR 57149 , July 17, 2002, unless otherwise noted.
[TOP] §112.12
Spill Prevention, Control, and Countermeasure Plan requirements for onshore
facilities (excluding production facilities)
If you are the owner or operator of an onshore facility (excluding a
production facility), you must:
(a) Meet the general requirements for the Plan listed under §112.7, and the
specific discharge prevention and containment procedures listed in this section.
(b) Facility drainage. (1) Restrain drainage from diked storage areas
by valves to prevent a discharge into the drainage system or facility effluent
treatment system, except where facility systems are designed to control such
discharge. You may empty diked areas by pumps or ejectors; however, you must
manually activate these pumps or ejectors and must inspect the condition of the
accumulation before starting, to ensure no oil will be discharged.
(2) Use valves of manual, open-and-closed design, for the drainage of diked
areas. You may not use flapper-type drain valves to drain diked areas. If your
facility drainage drains directly into a watercourse and not into an on-site
wastewater treatment plant, you must inspect and may drain uncontaminated
retained stormwater, subject to the requirements of paragraphs (c)(3)(ii),
(iii), and (iv) of this section.
(3) Design facility drainage systems from undiked areas with a potential for
a discharge (such as where piping is located outside containment walls or where
tank truck discharges may occur outside the loading area) to flow into ponds,
lagoons, or catchment basins designed to retain oil or return it to the
facility. You must not locate catchment basins in areas subject to periodic
flooding.
(4) If facility drainage is not engineered as in paragraph (b)(3) of this
section, equip the final discharge of all ditches inside the facility with a
diversion system that would, in the event of an uncontrolled discharge, retain
oil in the facility.
(5) Where drainage waters are treated in more than one treatment unit and
such treatment is continuous, and pump transfer is needed, provide two "lift"
pumps and permanently install at least one of the pumps. Whatever techniques you
use, you must engineer facility drainage systems to prevent a discharge as
described in §112.1(b) in case there is an equipment failure or human error at
the facility.
(c) Bulk storage containers. (1) Not use a container for the storage
of oil unless its material and construction are compatible with the material
stored and conditions of storage such as pressure and temperature.
(2) Construct all bulk storage container installations so that you provide a
secondary means of containment for the entire capacity of the largest single
container and sufficient freeboard to contain precipitation. You must ensure
that diked areas are sufficiently impervious to contain discharged oil. Dikes,
containment curbs, and pits are commonly employed for this purpose. You may also
use an alternative system consisting of a drainage trench enclosure that must be
arranged so that any discharge will terminate and be safely confined in a
facility catchment basin or holding pond.
(3) Not allow drainage of uncontaminated rainwater from the diked area into a
storm drain or discharge of an effluent into an open watercourse, lake, or pond,
bypassing the facility treatment system unless you:
(i) Normally keep the bypass valve sealed closed.
(ii) Inspect the retained rainwater to ensure that its presence will not
cause a discharge as described in §112.1(b).
(iii) Open the bypass valve and reseal it following drainage under
responsible supervision; and
(iv) Keep adequate records of such events, for example, any records required
under permits issued in accordance with §§122.41(j)(2) and 122.41(m)(3) of this
chapter.
(4) Protect any completely buried metallic storage tank installed on or after
January 10, 1974 from corrosion by coatings or cathodic protection compatible
with local soil conditions. You must regularly leak test such completely buried
metallic storage tanks.
(5) Not use partially buried or bunkered metallic tanks for the storage of
oil, unless you protect the buried section of the tank from corrosion. You must
protect partially buried and bunkered tanks from corrosion by coatings or
cathodic protection compatible with local soil conditions.
(6) Test each aboveground container for integrity on a regular schedule, and
whenever you make material repairs. The frequency of and type of testing must
take into account container size and design (such as floating roof,
skid-mounted, elevated, or partially buried). You must combine visual inspection
with another testing technique such as hydrostatic testing, radiographic
testing, ultrasonic testing, acoustic emissions testing, or another system of
non-destructive shell testing. You must keep comparison records and you must
also inspect the container's supports and foundations. In addition, you must
frequently inspect the outside of the container for signs of deterioration,
discharges, or accumulation of oil inside diked areas. Records of inspections
and tests kept under usual and customary business practices will suffice for
purposes of this paragraph.
(7) Control leakage through defective internal heating coils by monitoring
the steam return and exhaust lines for contamination from internal heating coils
that discharge into an open watercourse, or pass the steam return or exhaust
lines through a settling tank, skimmer, or other separation or retention system.
(8) Engineer or update each container installation in accordance with good
engineering practice to avoid discharges. You must provide at least one of the
following devices:
(i) High liquid level alarms with an audible or visual signal at a constantly
attended operation or surveillance station. In smaller facilities an audible air
vent may suffice.
(ii) High liquid level pump cutoff devices set to stop flow at a
predetermined container content level.
(iii) Direct audible or code signal communication between the container
gauger and the pumping station.
(iv) A fast response system for determining the liquid level of each bulk
storage container such as digital computers, telepulse, or direct vision gauges.
If you use this alternative, a person must be present to monitor gauges and the
overall filling of bulk storage containers.
(v) You must regularly test liquid level sensing devices to ensure proper
operation.
(9) Observe effluent treatment facilities frequently enough to detect
possible system upsets that could cause a discharge as described in §112.1(b).
(10) Promptly correct visible discharges which result in a loss of oil from
the container, including but not limited to seams, gaskets, piping, pumps,
valves, rivets, and bolts. You must promptly remove any accumulations of oil in
diked areas.
(11) Position or locate mobile or portable oil storage containers to prevent
a discharge as described in §112.1(b). You must furnish a secondary means of
containment, such as a dike or catchment basin, sufficient to contain the
capacity of the largest single compartment or container with sufficient
freeboard to contain precipitation.
(d) Facility transfer operations, pumping, and facility process. (1)
Provide buried piping that is installed or replaced on or after August 16, 2002,
with a protective wrapping and coating. You must also cathodically protect such
buried piping installations or otherwise satisfy the corrosion protection
standards for piping in part 280 of this chapter or a State program approved
under part 281 of this chapter. If a section of buried line is exposed for any
reason, you must carefully inspect it for deterioration. If you find corrosion
damage, you must undertake additional examination and corrective action as
indicated by the magnitude of the damage.
(2) Cap or blank-flange the terminal connection at the transfer point and
mark it as to origin when piping is not in service or is in standby service for
an extended time.
(3) Properly design pipe supports to minimize abrasion and corrosion and
allow for expansion and contraction.
(4) Regularly inspect all aboveground valves, piping, and appurtenances.
During the inspection you must assess the general condition of items, such as
flange joints, expansion joints, valve glands and bodies, catch pans, pipeline
supports, locking of valves, and metal surfaces. You must also conduct integrity
and leak testing of buried piping at the time of installation, modification,
construction, relocation, or replacement.
(5) Warn all vehicles entering the facility to be sure that no vehicle will
endanger aboveground piping or other oil transfer operations.
[TOP] §112.13
Spill Prevention, Control, and Countermeasure Plan requirements for onshore
oil production facilities.
If you are the owner or operator of an onshore production facility, you must:
(a) Meet the general requirements for the Plan listed under §112.7, and the
specific discharge prevention and containment procedures listed under this
section.
(b) Oil production facility drainage. (1) At tank batteries and
separation and treating areas where there is a reasonable possibility of a
discharge as described in §112.1(b), close and seal at all times drains of dikes
or drains of equivalent measures required under §112.7(c)(1), except when
draining uncontaminated rainwater. Prior to drainage, you must inspect the diked
area and take action as provided in §112.12(c)(3)(ii), (iii), and (iv). You must
remove accumulated oil on the rainwater and return it to storage or dispose of
it in accordance with legally approved methods.
(2) Inspect at regularly scheduled intervals field drainage systems (such as
drainage ditches or road ditches), and oil traps, sumps, or skimmers, for an
accumulation of oil that may have resulted from any small discharge. You must
promptly remove any accumulations of oil.
(c) Oil production facility bulk storage containers. (1) Not use a
container for the storage of oil unless its material and construction are
compatible with the material stored and the conditions of storage.
(2) Provide all tank battery, separation, and treating facility installations
with a secondary means of containment for the entire capacity of the largest
single container and sufficient freeboard to contain precipitation. You must
safely confine drainage from undiked areas in a catchment basin or holding pond.
(3) Periodically and upon a regular schedule visually inspect each container
of oil for deterioration and maintenance needs, including the foundation and
support of each container that is on or above the surface of the ground.
(4) Engineer or update new and old tank battery installations in accordance
with good engineering practice to prevent discharges. You must provide at least
one of the following:
(i) Container capacity adequate to assure that a container will not overfill
if a pumper/gauger is delayed in making regularly scheduled rounds.
(ii) Overflow equalizing lines between containers so that a full container
can overflow to an adjacent container.
(iii) Vacuum protection adequate to prevent container collapse during a
pipeline run or other transfer of oil from the container.
(iv) High level sensors to generate and transmit an alarm signal to the
computer where the facility is subject to a computer production control system.
(d) Facility transfer operations, oil production facility. (1)
Periodically and upon a regular schedule inspect all aboveground valves and
piping associated with transfer operations for the general condition of flange
joints, valve glands and bodies, drip pans, pipe supports, pumping well polish
rod stuffing boxes, bleeder and gauge valves, and other such items.
(2) Inspect saltwater (oil field brine) disposal facilities often,
particularly following a sudden change in atmospheric temperature, to detect
possible system upsets capable of causing a discharge.
(3) Have a program of flowline maintenance to prevent discharges from each
flowline.
[TOP] §112.14
Spill Prevention, Control, and Countermeasure Plan requirements for onshore
oil drilling and workover facilities.
If you are the owner or operator of an onshore oil drilling and workover
facility, you must:
(a) Meet the general requirements listed under §112.7, and also meet the
specific discharge prevention and containment procedures listed under this
section.
(b) Position or locate mobile drilling or workover equipment so as to prevent
a discharge as described in §112.1(b).
(c) Provide catchment basins or diversion structures to intercept and contain
discharges of fuel, crude oil, or oily drilling fluids.
(d) Install a blowout prevention (BOP) assembly and well control system
before drilling below any casing string or during workover operations. The BOP
assembly and well control system must be capable of controlling any well-head
pressure that may be encountered while that BOP assembly and well control system
are on the well.
[TOP] §112.15
Spill Prevention, Control, and Countermeasure Plan requirements for offshore
oil drilling, production, or workover facilities.
If you are the owner or operator of an offshore oil drilling, production, or
workover facility, you must:
(a) Meet the general requirements listed under §112.7, and also meet the
specific discharge prevention and containment procedures listed under this
section.
(b) Use oil drainage collection equipment to prevent and control small oil
discharges around pumps, glands, valves, flanges, expansion joints, hoses, drain
lines, separators, treaters, tanks, and associated equipment. You must control
and direct facility drains toward a central collection sump to prevent the
facility from having a discharge as described in §112.1(b). Where drains and
sumps are not practicable, you must remove oil contained in collection equipment
as often as necessary to prevent overflow.
(c) For facilities employing a sump system, provide adequately sized sump and
drains and make available a spare pump to remove liquid from the sump and assure
that oil does not escape. You must employ a regularly scheduled preventive
maintenance inspection and testing program to assure reliable operation of the
liquid removal system and pump start-up device. Redundant automatic sump pumps
and control devices may be required on some installations.
(d) At facilities with areas where separators and treaters are equipped with
dump valves which predominantly fail in the closed position and where pollution
risk is high, specially equip the facility to prevent the discharge of oil. You
must prevent the discharge of oil by:
(1) Extending the flare line to a diked area if the separator is near shore;
(2) Equipping the separator with a high liquid level sensor that will
automatically shut in wells producing to the separator; or
(3) Installing parallel redundant dump valves.
(e) Equip atmospheric storage or surge containers with high liquid level
sensing devices that activate an alarm or control the flow, or otherwise prevent
discharges.
(f) Equip pressure containers with high and low pressure sensing devices that
activate an alarm or control the flow.
(g) Equip containers with suitable corrosion protection.
(h) Prepare and maintain at the facility a written procedure within the Plan
for inspecting and testing pollution prevention equipment and systems.
(i) Conduct testing and inspection of the pollution prevention equipment and
systems at the facility on a scheduled periodic basis, commensurate with the
complexity, conditions, and circumstances of the facility and any other
appropriate regulations. You must use simulated discharges for testing and
inspecting human and equipment pollution control and countermeasure systems.
(j) Describe in detailed records surface and subsurface well shut-in valves
and devices in use at the facility for each well sufficiently to determine their
method of activation or control, such as pressure differential, change in fluid
or flow conditions, combination of pressure and flow, manual or remote control
mechanisms.
(k) Install a BOP assembly and well control system during workover operations
and before drilling below any casing string. The BOP assembly and well control
system must be capable of controlling any well-head pressure that may be
encountered while that BOP assembly and well control system are on the well.
(l) Equip all manifolds (headers) with check valves on individual flowlines.
(m) Equip the flowline with a high pressure sensing device and shut-in valve
at the wellhead if the shut-in well pressure is greater than the working
pressure of the flowline and manifold valves up to and including the header
valves. Alternatively you may provide a pressure relief system for flowlines.
(n) Protect all piping appurtenant to the facility from corrosion, such as
with protective coatings or cathodic protection.
(o) Adequately protect sub-marine piping appurtenant to the facility against
environmental stresses and other activities such as fishing operations.
(p) Maintain sub-marine piping appurtenant to the facility in good operating
condition at all times. You must periodically and according to a schedule
inspect or test such piping for failures. You must document and keep a record of
such inspections or tests at the facility.
Subpart D -- Response Requirements
Source: 67
FR 47151 , July 17, 2002, unless otherwise noted.
[TOP] §112.20
Facility response plans.
(a) 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 oil into or on the navigable waters or
adjoining shorelines shall prepare and submit a facility response plan to the
Regional Administrator, according to the following provisions:
(1) For the owner or operator of a facility in operation on or before
February 18, 1993 who is required to prepare and submit a response plan under 33
U.S.C. 1321(j)(5), the Oil Pollution Act of 1990 (Pub. L. 101-380, 33 U.S.C.
2701 et seq. ) requires the submission of a response plan that satisfies
the requirements of 33 U.S.C. 1321(j)(5) no later than February 18, 1993.
(i) The owner or operator of an existing facility that was in operation on or
before February 18, 1993 who submitted a response plan by February 18, 1993
shall revise the response plan to satisfy the requirements of this section and
resubmit the response plan or updated portions of the response plan to the
Regional Administrator by February 18, 1995.
(ii) The owner or operator of an existing facility in operation on or before
February 18, 1993 who failed to submit a response plan by February 18, 1993
shall prepare and submit a response plan that satisfies the requirements of this
section to the Regional Administrator before August 30, 1994.
(2) The owner or operator of a facility in operation on or after August 30,
1994 that satisfies the criteria in paragraph (f)(1) of this section or that is
notified by the Regional Administrator pursuant to paragraph (b) of this section
shall prepare and submit a facility response plan that satisfies the
requirements of this section to the Regional Administrator.
(i) For a facility that commenced operations after February 18, 1993 but
prior to August 30, 1994, and is required to prepare and submit a response plan
based on the criteria in paragraph (f)(1) of this section, the owner or operator
shall submit the response plan or updated portions of the response plan, along
with a completed version of the response plan cover sheet contained in Appendix
F to this part, to the Regional Administrator prior to August 30, 1994.
(ii) For a newly constructed facility that commences operation after August
30, 1994, and is required to prepare and submit a response plan based on the
criteria in paragraph (f)(1) of this section, the owner or operator shall submit
the response plan, along with a completed version of the response plan cover
sheet contained in Appendix F to this part, to the Regional Administrator prior
to the start of operations (adjustments to the response plan to reflect changes
that occur at the facility during the start-up phase of operations must be
submitted to the Regional Administrator after an operational trial period of 60
days).
(iii) For a facility required to prepare and submit a response plan after
August 30, 1994, as a result of a planned change in design, construction,
operation, or maintenance that renders the facility subject to the criteria in
paragraph (f)(1) of this section, the owner or operator shall submit the
response plan, along with a completed version of the response plan cover sheet
contained in Appendix F to this part, to the Regional Administrator before the
portion of the facility undergoing change commences operations (adjustments to
the response plan to reflect changes that occur at the facility during the
start-up phase of operations must be submitted to the Regional Administrator
after an operational trial period of 60 days).
(iv) For a facility required to prepare and submit a response plan after
August 30, 1994, as a result of an unplanned event or change in facility
characteristics that renders the facility subject to the criteria in paragraph
(f)(1) of this section, the owner or operator shall submit the response plan,
along with a completed version of the response plan cover sheet contained in
Appendix F to this part, to the Regional Administrator within six months of the
unplanned event or change.
(3) In the event the owner or operator of a facility that is required to
prepare and submit a response plan uses an alternative formula that is
comparable to one contained in Appendix C to this part to evaluate the criterion
in paragraph (f)(1)(ii)(B) or (f)(1)(ii)(C) of this section, the owner or
operator shall attach documentation to the response plan cover sheet contained
in Appendix F to this part that demonstrates the reliability and analytical
soundness of the alternative formula.
(4) Preparation and submission of response plans -- Animal fat and
vegetable oil facilities. The owner or operator of any
non-transportation-related facility that handles, stores, or transports animal
fats and vegetable oils must prepare and submit a facility response plan as
follows:
(i) Facilities with approved plans. The owner or operator of a
facility with a facility response plan that has been approved under paragraph
(c) of this section by July 31, 2000 need not prepare or submit a revised plan
except as otherwise required by paragraphs (b), (c), or (d) of this section.
(ii) Facilities with plans that have been submitted to the Regional
Administrator. Except for facilities with approved plans as provided in
paragraph (a)(4)(i) of this section, the owner or operator of a facility that
has submitted a response plan to the Regional Administrator prior to July 31,
2000 must review the plan to determine if it meets or exceeds the applicable
provisions of this part. An owner or operator need not prepare or submit a new
plan if the existing plan meets or exceeds the applicable provisions of this
part. If the plan does not meet or exceed the applicable provisions of this
part, the owner or operator must prepare and submit a new plan by September 28,
2000.
(iii) Newly regulated facilities. The owner or operator of a newly
constructed facility that commences operation after July 31, 2000 must prepare
and submit a plan to the Regional Administrator in accordance with paragraph
(a)(2)(ii) of this section. The plan must meet or exceed the applicable
provisions of this part. The owner or operator of an existing facility that must
prepare and submit a plan after July 31, 2000 as a result of a planned or
unplanned change in facility characteristics that causes the facility to become
regulated under paragraph (f)(1) of this section, must prepare and submit a plan
to the Regional Administrator in accordance with paragraph (a)(2)(iii) or (iv)
of this section, as appropriate. The plan must meet or exceed the applicable
provisions of this part.
(iv) Facilities amending existing plans. The owner or operator of a
facility submitting an amended plan in accordance with paragraph (d) of this
section after July 31, 2000, including plans that had been previously approved,
must also review the plan to determine if it meets or exceeds the applicable
provisions of this part. If the plan does not meet or exceed the applicable
provisions of this part, the owner or operator must revise and resubmit revised
portions of an amended plan to the Regional Administrator in accordance with
paragraph (d) of this section, as appropriate. The plan must meet or exceed the
applicable provisions of this part.
(b)(1) The Regional Administrator may at any time require the owner or
operator of any non-transportation-related onshore facility to prepare and
submit a facility response plan under this section after considering the factors
in paragraph (f)(2) of this section. If such a determination is made, the
Regional Administrator shall notify the facility owner or operator in writing
and shall provide a basis for the determination. If the Regional Administrator
notifies the owner or operator in writing of the requirement to prepare and
submit a response plan under this section, the owner or operator of the facility
shall submit the response plan to the Regional Administrator within six months
of receipt of such written notification.
(2) The Regional Administrator shall review plans submitted by such
facilities to determine whether the facility could, because of its location,
reasonably be expected to cause significant and substantial harm to the
environment by discharging oil into or on the navigable waters or adjoining
shorelines.
(c) The Regional Administrator shall determine whether a facility could,
because of its location, reasonably be expected to cause significant and
substantial harm to the environment by discharging oil into or on the navigable
waters or adjoining shorelines, based on the factors in paragraph (f)(3) of this
section. If such a determination is made, the Regional Administrator shall
notify the owner or operator of the facility in writing and:
(1) Promptly review the facility response plan;
(2) Require amendments to any response plan that does not meet the
requirements of this section;
(3) Approve any response plan that meets the requirements of this section;
and
(4) Review each response plan periodically thereafter on a schedule
established by the Regional Administrator provided that the period between plan
reviews does not exceed five years.
(d)(1) The owner or operator of a facility for which a response plan is
required under this part shall revise and resubmit revised portions of the
response plan within 60 days of each facility change that materially may affect
the response to a worst case discharge, including:
(i) A change in the facility's configuration that materially alters the
information included in the response plan;
(ii) A change in the type of oil handled, stored, or transferred that
materially alters the required response resources;
(iii) A material change in capabilities of the oil spill removal
organization(s) that provide equipment and personnel to respond to discharges of
oil described in paragraph (h)(5) of this section;
(iv) A material change in the facility's spill prevention and response
equipment or emergency response procedures; and
(v) Any other changes that materially affect the implementation of the
response plan.
(2) Except as provided in paragraph (d)(1) of this section, amendments to
personnel and telephone number lists included in the response plan and a change
in the oil spill removal organization(s) that does not result in a material
change in support capabilities do not require approval by the Regional
Administrator. Facility 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 facility that submits changes to a response
plan as provided in paragraph (d)(1) or (d)(2) of this section shall provide the
EPA-issued facility identification number (where one has been assigned) with the
changes.
(4) The Regional Administrator shall review for approval changes to a
response plan submitted pursuant to paragraph (d)(1) of this section for a
facility determined pursuant to paragraph (f)(3) of this section to have the
potential to cause significant and substantial harm to the environment.
(e) If the owner or operator of a facility determines pursuant to paragraph
(a)(2) of this section that the facility could not, because of its location,
reasonably be expected to cause substantial harm to the environment by
discharging oil into or on the navigable waters or adjoining shorelines, the
owner or operator shall complete and maintain at the facility the certification
form contained in Appendix C to this part and, in the event an alternative
formula that is comparable to one contained in Appendix C to this part is used
to evaluate the criterion in paragraph (f)(1)(ii)(B) or (f)(1)(ii)(C) of this
section, the owner or operator shall attach documentation to the certification
form that demonstrates the reliability and analytical soundness of the
comparable formula and shall notify the Regional Administrator in writing that
an alternative formula was used.
(f)(1) A facility could, because of its location, reasonably be expected to
cause substantial harm to the environment by discharging oil into or on the
navigable waters or adjoining shorelines pursuant to paragraph (a)(2) of this
section, if it meets any of the following criteria applied in accordance with
the flowchart contained in Attachment C-I to Appendix C to this part:
(i) The facility transfers oil over water to or from vessels and has a total
oil storage capacity greater than or equal to 42,000 gallons; or
(ii) The facility's total oil storage capacity is greater than or equal to 1
million gallons, and one of the following is true:
(A) The facility does not have secondary containment for each aboveground
storage area sufficiently large to contain the capacity of the largest
aboveground oil storage tank within each storage area plus sufficient freeboard
to allow for precipitation;
(B) The facility is located at a distance (as calculated using the
appropriate formula in Appendix C to this part or a comparable formula) such
that a discharge from the facility could cause injury to fish and wildlife and
sensitive environments. For further description of fish and wildlife and
sensitive environments, see Appendices I, II, and III of the "Guidance for
Facility and Vessel Response Plans: Fish and Wildlife and Sensitive
Environments" (see Appendix E to this part, section 13, for availability) and
the applicable Area Contingency Plan prepared pursuant to section 311(j)(4) of
the Clean Water Act;
(C) The facility is located at a distance (as calculated using the
appropriate formula in Appendix C to this part or a comparable formula) such
that a discharge from the facility would shut down a public drinking water
intake; or
(D) The facility has had a reportable oil discharge in an amount greater than
or equal to 10,000 gallons within the last 5 years.
(2)(i) To determine whether a facility could, because of its location,
reasonably be expected to cause substantial harm to the environment by
discharging oil into or on the navigable waters or adjoining shorelines pursuant
to paragraph (b) of this section, the Regional Administrator shall consider the
following:
(A) Type of transfer operation;
(B) Oil storage capacity;
(C) Lack of secondary containment;
(D) Proximity to fish and wildlife and sensitive environments and other areas
determined by the Regional Administrator to possess ecological value;
(E) Proximity to drinking water intakes;
(F) Spill history; and
(G) Other site-specific characteristics and environmental factors that the
Regional Administrator determines to be relevant to protecting the environment
from harm by discharges of oil into or on navigable waters or adjoining
shorelines.
(ii) Any person, including a member of the public or any representative from
a Federal, State, or local agency who believes that a facility subject to this
section could, because of its location, reasonably be expected to cause
substantial harm to the environment by discharging oil into or on the navigable
waters or adjoining shorelines may petition the Regional Administrator to
determine whether the facility meets the criteria in paragraph (f)(2)(i) of this
section. Such petition shall include a discussion of how the factors in
paragraph (f)(2)(i) of this section apply to the facility in question. The RA
shall consider such petitions and respond in an appropriate amount of time.
(3) To determine whether a facility could, because of its location,
reasonably be expected to cause significant and substantial harm to the
environment by discharging oil into or on the navigable waters or adjoining
shorelines, the Regional Administrator may consider the factors in paragraph
(f)(2) of this section as well as the following:
(i) Frequency of past discharges;
(ii) Proximity to navigable waters;
(iii) Age of oil storage tanks; and
(iv) Other facility-specific and Region-specific information, including local
impacts on public health.
(g)(1) All facility response plans shall be consistent with the requirements
of the National Oil and Hazardous Substance Pollution Contingency Plan (40 CFR
part 300) and applicable Area Contingency Plans prepared pursuant to section
311(j)(4) of the Clean Water Act. The facility response plan should be
coordinated with the local emergency response plan developed by the local
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.). Upon
request, the owner or operator should provide a copy of the facility response
plan to the local emergency planning committee or State emergency response
commission.
(2) 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.
(3) The owner or operator shall review and update the facility response plan
periodically to reflect changes at the facility.
(h) A response plan shall follow the format of the model facility-specific
response plan included in Appendix F to this part, unless you have prepared an
equivalent response plan acceptable to the Regional Administrator to meet State
or other Federal requirements. A response plan that does not follow the
specified format in Appendix F to this part shall have an emergency response
action plan as specified in paragraphs (h)(1) of this section and be
supplemented with a cross-reference section to identify the location of the
elements listed in paragraphs (h)(2) through (h)(10) of this section. To meet
the requirements of this part, a response plan shall address the following
elements, as further described in Appendix F to this part:
(1) Emergency response action plan. The response plan shall include an
emergency response action plan in the format specified in paragraphs (h)(1)(i)
through (viii) of this section that is maintained in the front of the response
plan, or as a separate document accompanying the response plan, and that
includes the following information:
(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 (h)(1) 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 pass to response personnel in the event
of a reportable 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, and to provide adequate containment and drainage of discharged oil;
and
(viii) A diagram of the facility.
(2) Facility information. The response plan shall identify and discuss
the location and type of the facility, the identity and tenure of the present
owner and operator, and the identity of the qualified individual identified in
paragraph (h)(1) of this section.
(3) Information about emergency response. The response plan shall
include:
(i) The identity of private personnel and equipment necessary to remove to
the maximum extent practicable a worst case discharge and other discharges of
oil described in paragraph (h)(5) of this section, and to mitigate or prevent a
substantial threat of a worst case discharge (To identify response resources to
meet the facility response plan requirements of this section, owners or
operators shall follow Appendix E to this part or, where not appropriate, shall
clearly demonstrate in the response plan why use of Appendix E of this part is
not appropriate at the facility and make comparable arrangements for response
resources);
(ii) Evidence of contracts or other approved means for ensuring the
availability of such personnel and equipment;
(iii) The identity and the telephone number of individuals or organizations
to be contacted in the event of a discharge so that immediate communications
between the qualified individual identified in paragraph (h)(1) of this section
and the appropriate Federal official and the persons providing response
personnel and equipment can be ensured;
(iv) A description of information to pass to response personnel in the event
of a reportable discharge;
(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) A description of the facility's response equipment, the location of the
equipment, and equipment testing;
(vii) Plans for evacuation of the facility and a reference to community
evacuation plans, as appropriate;
(viii) A diagram of evacuation routes; and
(ix) A description of the duties of the qualified individual identified in
paragraph (h)(1) of this section, that include:
(A) Activate internal alarms and hazard communication systems to notify all
facility personnel;
(B) Notify all response personnel, as needed;
(C) Identify the character, exact source, amount, and extent of the release,
as well as the other items needed for notification;
(D) 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, and Local
Emergency Planning Committee;
(E) Assess the interaction of the discharged substance with water and/or
other substances stored at the facility and notify response personnel at the
scene of that assessment;
(F) Assess the possible hazards to human health and the environment due to
the release. This assessment must consider both the direct and indirect effects
of the release (i.e., the effects of any toxic, irritating, or asphyxiating
gases that may be generated, or the effects of any hazardous surface water
runoffs from water or chemical agents used to control fire and heat-induced
explosion);
(G) Assess and implement prompt removal actions to contain and remove the
substance released;
(H) Coordinate rescue and response actions as previously arranged with all
response personnel;
(I) Use authority to immediately access company funding to initiate cleanup
activities; and
(J) Direct cleanup activities until properly relieved of this responsibility.
(4) Hazard evaluation. The response plan shall discuss the facility's
known or reasonably identifiable history of discharges reportable under 40 CFR
part 110 for the entire life of the facility and shall identify areas within the
facility where discharges could occur and what the potential effects of the
discharges would be on the affected environment. To assess the range of areas
potentially affected, owners or operators shall, where appropriate, consider the
distance calculated in paragraph (f)(1)(ii) of this section to determine whether
a facility could, because of its location, reasonably be expected to cause
substantial harm to the environment by discharging oil into or on the navigable
waters or adjoining shorelines.
(5) Response planning levels. The response plan shall include
discussion of specific planning scenarios for:
(i) A worst case discharge, as calculated using the appropriate worksheet in
Appendix D to this part. In cases where the Regional Administrator determines
that the worst case discharge volume calculated by the facility is not
appropriate, the Regional Administrator may specify the worst case discharge
amount to be used for response planning at the facility. For complexes, the
worst case planning quantity shall be the larger of the amounts calculated for
each component of the facility;
(ii) A discharge of 2,100 gallons or less, provided that this amount is less
than the worst case discharge amount. For complexes, this planning quantity
shall be the larger of the amounts calculated for each component of the
facility; and
(iii) A discharge greater than 2,100 gallons and less than or equal to 36,000
gallons or 10 percent of the capacity of the largest tank at the facility,
whichever is less, provided that this amount is less than the worst case
discharge amount. For complexes, this planning quantity shall be the larger of
the amounts calculated for each component of the facility.
(6) Discharge detection systems. The response plan shall describe the
procedures and equipment used to detect discharges.
(7) Plan implementation. The response plan shall describe:
(i) Response actions to be carried out by facility personnel or contracted
personnel under the response plan to ensure the safety of the facility and to
mitigate or prevent discharges described in paragraph (h)(5) of this section or
the substantial threat of such discharges;
(ii) A description of the equipment to be used for each scenario;
(iii) Plans to dispose of contaminated cleanup materials; and
(iv) Measures to provide adequate containment and drainage of discharged oil.
(8) Self-inspection, drills/exercises, and response training. The
response plan shall include:
(i) A checklist and record of inspections for tanks, secondary containment,
and response equipment;
(ii) A description of the drill/exercise program to be carried out under the
response plan as described in §112.21;
(iii) A description of the training program to be carried out under the
response plan as described in §112.21; and
(iv) Logs of discharge prevention meetings, training sessions, and
drills/exercises. These logs may be maintained as an annex to the response plan.
(9) Diagrams. The response plan shall include site plan and drainage
plan diagrams.
(10) Security systems. The response plan shall include a description
of facility security systems.
(11) Response plan cover sheet. The response plan shall include a
completed response plan cover sheet provided in Section 2.0 of Appendix F to
this part.
(i)(1) In the event the owner or operator of a facility does not agree with
the Regional Administrator's determination that the facility could, because of
its location, reasonably be expected to cause substantial harm or significant
and substantial harm to the environment by discharging oil into or on the
navigable waters or adjoining shorelines, or that amendments to the facility
response plan are necessary prior to approval, such as changes to the worst case
discharge planning volume, the owner or operator may submit a request for
reconsideration to the Regional Administrator and provide additional information
and data in writing to support the request. The request and accompanying
information must be submitted to the Regional Administrator within 60 days of
receipt of notice of the Regional Administrator's original decision. The
Regional Administrator shall consider the request and render a decision as
rapidly as practicable.
(2) In the event the owner or operator of a facility believes a change in the
facility's classification status is warranted because of an unplanned event or
change in the facility's characteristics (i.e., substantial harm or significant
and substantial harm), the owner or operator may submit a request for
reconsideration to the Regional Administrator and provide additional information
and data in writing to support the request. The Regional Administrator shall
consider the request and render a decision as rapidly as practicable.
(3) After a request for reconsideration under paragraph (i)(1) or (i)(2) of
this section has been denied by the Regional Administrator, an owner or operator
may appeal a determination made by the Regional Administrator. The appeal shall
be made to the EPA Administrator and shall be made in writing within 60 days of
receipt of the decision from the Regional Administrator that the request for
reconsideration was denied. A complete copy of the appeal must be sent to the
Regional Administrator at the time the appeal is made. The appeal shall contain
a clear and concise statement of the issues and points of fact in the case. It
also may contain additional information from the owner or operator, or from any
other person. The EPA Administrator may request additional information from the
owner or operator, or from any other person. The EPA Administrator shall render
a decision as rapidly as practicable and shall notify the owner or operator of
the decision.
[59 FR 34098, July 1, 1994, as amended at 65 FR 40798, June 30, 2000;
66 FR 34560, June 29, 2001]
[TOP] §112.21
Facility response training and drills/exercises.
(a) The owner or operator of any facility required to prepare a facility
response plan under §112.20 shall develop and implement a facility response
training program and a drill/exercise program that satisfy the requirements of
this section. The owner or operator shall describe the programs in the response
plan as provided in §112.20(h)(8).
(b) The facility owner or operator shall develop a facility response training
program to train those personnel involved in oil spill response activities. It
is recommended that the training program be based on the USCG's Training
Elements for Oil Spill Response, as applicable to facility operations. An
alternative program can also be acceptable subject to approval by the Regional
Administrator.
(1) The owner or operator shall be responsible for the proper instruction of
facility personnel in the procedures to respond to discharges of oil and in
applicable oil spill response laws, rules, and regulations.
(2) Training shall be functional in nature according to job tasks for both
supervisory and non-supervisory operational personnel.
(3) Trainers shall develop specific lesson plans on subject areas relevant to
facility personnel involved in oil spill response and cleanup.
(c) The facility owner or operator shall develop a program of facility
response drills/exercises, including evaluation procedures. A program that
follows the National Preparedness for Response Exercise Program (PREP) (see
Appendix E to this part, section 13, for availability) will be deemed
satisfactory for purposes of this section. An alternative program can also be
acceptable subject to approval by the Regional Administrator.
[59 FR 34101, July 1, 1994, as amended at 65 FR 40798, June 30,
2000]
Appendix A to Part 112 -- Memorandum of Understanding Between the
Secretary of Transportation and the Administrator of the Environmental
Protection Agency
SECTION II -- DEFINITIONS
The Environmental Protection Agency and the Department of Transportation
agree that for the purposes of Executive Order 11548, the term:
(1) Non-transportation-related onshore and offshore facilities means:
(A) Fixed onshore and offshore oil well drilling facilities including all
equipment and appurtenances related thereto used in drilling operations for
exploratory or development wells, but excluding any terminal facility, unit or
process integrally associated with the handling or transferring of oil in bulk
to or from a vessel.
(B) Mobile onshore and offshore oil well drilling platforms, barges, trucks,
or other mobile facilities including all equipment and appurtenances related
thereto when such mobile facilities are fixed in position for the purpose of
drilling operations for exploratory or development wells, but excluding any
terminal facility, unit or process integrally associated with the handling or
transferring of oil in bulk to or from a vessel.
(C) Fixed onshore and offshore oil production structures, platforms,
derricks, and rigs including all equipment and appurtenances related thereto, as
well as completed wells and the wellhead separators, oil separators, and storage
facilities used in the production of oil, but excluding any terminal facility,
unit or process integrally associated with the handling or transferring of oil
in bulk to or from a vessel.
(D) Mobile onshore and offshore oil production facilities including all
equipment and appurtenances related thereto as well as completed wells and
wellhead equipment, piping from wellheads to oil separators, oil separators, and
storage facilities used in the production of oil when such mobile facilities are
fixed in position for the purpose of oil production operations, but excluding
any terminal facility, unit or process integrally associated with the handling
or transferring of oil in bulk to or from a vessel.
(E) Oil refining facilities including all equipment and appurtenances related
thereto as well as in-plant processing units, storage units, piping, drainage
systems and waste treatment units used in the refining of oil, but excluding any
terminal facility, unit or process integrally associated with the handling or
transferring of oil in bulk to or from a vessel.
(F) Oil storage facilities including all equipment and appurtenances related
thereto as well as fixed bulk plant storage, terminal oil storage facilities,
consumer storage, pumps and drainage systems used in the storage of oil, but
excluding inline or breakout storage tanks needed for the continuous operation
of a pipeline system and any terminal facility, unit or process integrally
associated with the handling or transferring of oil in bulk to or from a vessel.
(G) Industrial, commercial, agricultural or public facilities which use and
store oil, but excluding any terminal facility, unit or process integrally
associated with the handling or transferring of oil in bulk to or from a vessel.
(H) Waste treatment facilities including in-plant pipelines, effluent
discharge lines, and storage tanks, but excluding waste treatment facilities
located on vessels and terminal storage tanks and appurtenances for the
reception of oily ballast water or tank washings from vessels and associated
systems used for off-loading vessels.
(I) Loading racks, transfer hoses, loading arms and other equipment which are
appurtenant to a nontransportation-related facility or terminal facility and
which are used to transfer oil in bulk to or from highway vehicles or railroad
cars.
(J) Highway vehicles and railroad cars which are used for the transport of
oil exclusively within the confines of a nontransportation-related facility and
which are not intended to transport oil in interstate or intrastate commerce.
(K) Pipeline systems which are used for the transport of oil exclusively
within the confines of a nontransportation-related facility or terminal facility
and which are not intended to transport oil in interstate or intrastate
commerce, but excluding pipeline systems used to transfer oil in bulk to or from
a vessel.
(2) Transportation-related onshore and offshore facilities means:
(A) Onshore and offshore terminal facilities including transfer hoses,
loading arms and other equipment and appurtenances used for the purpose of
handling or transferring oil in bulk to or from a vessel as well as storage
tanks and appurtenances for the reception of oily ballast water or tank washings
from vessels, but excluding terminal waste treatment facilities and terminal oil
storage facilities.
(B) Transfer hoses, loading arms and other equipment appurtenant to a
non-transportation-related facility which is used to transfer oil in bulk to or
from a vessel.
(C) Interstate and intrastate onshore and offshore pipeline systems including
pumps and appurtenances related thereto as well as in-line or breakout storage
tanks needed for the continuous operation of a pipeline system, and pipelines
from onshore and offshore oil production facilities, but excluding onshore and
offshore piping from wellheads to oil separators and pipelines which are used
for the transport of oil exclusively within the confines of a
nontransportation-related facility or terminal facility and which are not
intended to transport oil in interstate or intrastate commerce or to transfer
oil in bulk to or from a vessel.
(D) Highway vehicles and railroad cars which are used for the transport of
oil in interstate or intrastate commerce and the equipment and appurtenances
related thereto, and equipment used for the fueling of locomotive units, as well
as the rights-of-way on which they operate. Excluded are highway vehicles and
railroad cars and motive power used exclusively within the confines of a
nontransportation-related facility or terminal facility and which are not
intended for use in interstate or intrastate commerce.
Appendix B to Part 112 -- Memorandum of Understanding Among the
Secretary of the Interior, Secretary of Transportation, and Administrator of the
Environmental Protection Agency
PURPOSE
This Memorandum of Understanding (MOU) establishes the jurisdictional
responsibilities for offshore facilities, including pipelines, pursuant to
section 311 (j)(1)(c), (j)(5), and (j)(6)(A) of the Clean Water Act (CWA), as
amended by the Oil Pollution Act of 1990 (Public Law 101-380). The Secretary of
the Department of the Interior (DOI), Secretary of the Department of
Transportation (DOT), and Administrator of the Environmental Protection Agency
(EPA) agree to the division of responsibilities set forth below for spill
prevention and control, response planning, and equipment inspection activities
pursuant to those provisions.
BACKGROUND
Executive Order (E.O.) 12777 (56 FR 54757) delegates to DOI, DOT, and EPA
various responsibilities identified in section 311(j) of the CWA. Sections
2(b)(3), 2(d)(3), and 2(e)(3) of E.O. 12777 assigned to DOI spill prevention and
control, contingency planning, and equipment inspection activities associated
with offshore facilities. Section 311(a)(11) defines the term "offshore
facility" to include facilities of any kind located in, on, or under navigable
waters of the United States. By using this definition, the traditional DOI role
of regulating facilities on the Outer Continental Shelf is expanded by E.O.
12777 to include inland lakes, rivers, streams, and any other inland waters.
RESPONSIBILITIES
Pursuant to section 2(i) of E.O. 12777, DOI redelegates, and EPA and DOT
agree to assume, the functions vested in DOI by sections 2(b)(3), 2(d)(3), and
2(e)(3) of E.O. 12777 as set forth below. For purposes of this MOU, the term
"coast line" shall be defined as in the Submerged Lands Act (43 U.S.C. 1301(c))
to mean "the line of ordinary low water along that portion of the coast which is
in direct contact with the open sea and the line marking the seaward limit of
inland waters."
1. To EPA, DOI redelegates responsibility for non-transportation-related
offshore facilities located landward of the coast line.
2. To DOT, DOI redelegates responsibility for transportation-related
facilities, including pipelines, located landward of the coast line. The DOT
retains jurisdiction for deepwater ports and their associated seaward pipelines,
as delegated by E.O. 12777.
3. The DOI retains jurisdiction over facilities, including pipelines, located
seaward of the coast line, except for deepwater ports and associated seaward
pipelines delegated by E.O. 12777 to DOT.
EFFECTIVE DATE
This MOU is effective on the date of the final execution by the indicated
signatories.
LIMITATIONS
1. The DOI, DOT, and EPA may agree in writing to exceptions to this MOU on a
facility-specific basis. Affected parties will receive notification of the
exceptions.
2. Nothing in this MOU is intended to replace, supersede, or modify any
existing agreements between or among DOI, DOT, or EPA.
MODIFICATION AND TERMINATION
Any party to this agreement may propose modifications by submitting them in
writing to the heads of the other agency/department. No modification may be
adopted except with the consent of all parties. All parties shall indicate their
consent to or disagreement with any proposed modification within 60 days of
receipt. Upon the request of any party, representatives of all parties shall
meet for the purpose of considering exceptions or modifications to this
agreement. This MOU may be terminated only with the mutual consent of all
parties.
Dated: November 8, 1993.
Bruce Babbitt,
Secretary of the Interior.
Dated: December 14, 1993.
Federico Pen a,
Secretary of Transportation.
Dated: February 3, 1994.
Carol M. Browner,
Administrator, Environmental Protection Agency.
[59 FR 34102, July 1, 1994]
Appendix C to Part 112 -- Substantial Harm Criteria
1.0 Introduction
The flowchart provided in Attachment C-I to this appendix shows the decision
tree with the criteria to identify whether a facility "could reasonably be
expected to cause substantial harm to the environment by discharging into or on
the navigable waters or adjoining shorelines." In addition, the Regional
Administrator has the discretion to identify facilities that must prepare and
submit facility-specific response plans to EPA.
1.1 Definitions
1.1.1 Great Lakes means Lakes
Superior, Michigan, Huron, Erie, and Ontario, their connecting and tributary
waters, the Saint Lawrence River as far as Saint Regis, and adjacent port areas.
1.1.2 Higher Volume Port Areas
INCLUDE
(1) Boston, MA;
(2) New York, NY;
(3) Delaware Bay and River to Philadelphia, PA;
(4) St. Croix, VI;
(5) Pascagoula, MS;
(6) Mississippi River from Southwest Pass, LA to Baton Rouge, LA;
(7) Louisiana Offshore Oil Port (LOOP), LA;
(8) Lake Charles, LA;
(9) Sabine-Neches River, TX;
(10) Galveston Bay and Houston Ship Channel, TX;
(11) Corpus Christi, TX;
(12) Los Angeles/Long Beach Harbor, CA;
(13) San Francisco Bay, San Pablo Bay, Carquinez Strait, and Suisun Bay to
Antioch, CA;
(14) Straits of Juan de Fuca from Port Angeles, WA to and including Puget
Sound, WA;
(15) Prince William Sound, AK; and
(16) Others as specified by the Regional Administrator for any EPA Region.
1.1.3 Inland Area means the area
shoreward of the boundary lines defined in 46 CFR part 7, except in the Gulf of
Mexico. In the Gulf of Mexico, it means the area shoreward of the lines of
demarcation (COLREG lines as defined in 33 CFR 80.740 -- 80.850). The inland
area does not include the Great Lakes.
1.1.4 Rivers and Canals means a
body of water confined within the inland area, including the Intracoastal
Waterways and other waterways artificially created for navigating that have
project depths of 12 feet or less.
2.0 Description of Screening
Criteria for the Substantial Harm Flowchart
A facility that has the potential to cause substantial harm to the
environment in the event of a discharge must prepare and submit a
facility-specific response plan to EPA in accordance with Appendix F to this
part. A description of the screening criteria for the substantial harm flowchart
is provided below:
2.1 Non-Transportation-Related
Facilities With a Total Oil Storage Capacity Greater Than or Equal to 42,000
Gallons Where Operations Include Over-Water Transfers of Oil. A
non-transportation-related facility with a total oil storage capacity greater
than or equal to 42,000 gallons that transfers oil over water to or from vessels
must submit a response plan to EPA. Daily oil transfer operations at these types
of facilities occur between barges and vessels and onshore bulk storage tanks
over open water. These facilities are located adjacent to navigable water.
2.2 Lack of Adequate Secondary
Containment at Facilities With a Total Oil Storage Capacity Greater Than or
Equal to 1 Million Gallons. Any facility with a total oil storage capacity
greater than or equal to 1 million gallons without secondary containment
sufficiently large to contain the capacity of the largest aboveground oil
storage tank within each area plus sufficient freeboard to allow for
precipitation must submit a response plan to EPA. Secondary containment
structures that meet the standard of good engineering practice for the purposes
of this part include berms, dikes, retaining walls, curbing, culverts, gutters,
or other drainage systems.
2.3 Proximity to Fish and Wildlife and
Sensitive Environments at Facilities With a Total Oil Storage Capacity Greater
Than or Equal to 1 Million Gallons. A facility with a total oil storage
capacity greater than or equal to 1 million gallons must submit its response
plan if it is located at a distance such that a discharge from the facility
could cause injury (as defined at 40 CFR 112.2) to fish and wildlife and
sensitive environments. For further description of fish and wildlife and
sensitive environments, see Appendices I, II, and III to DOC/NOAA's "Guidance
for Facility and Vessel Response Plans: Fish and Wildlife and Sensitive
Environments" (see Appendix E to this part, section 13, for availability) and
the applicable Area Contingency Plan. Facility owners or operators must
determine the distance at which an oil discharge could cause injury to fish and
wildlife and sensitive environments using the appropriate formula presented in
Attachment C-III to this appendix or a comparable formula.
2.4 Proximity to Public Drinking Water
Intakes at Facilities with a Total Oil Storage Capacity Greater than or Equal to
1 Million Gallons A facility with a total oil storage capacity greater than
or equal to 1 million gallons must submit its response plan if it is located at
a distance such that a discharge from the facility would shut down a public
drinking water intake, which is analogous to a public water system as described
at 40 CFR 143.2(c). The distance at which an oil discharge from an
SPCC-regulated facility would shut down a public drinking water intake shall be
calculated using the appropriate formula presented in Attachment C-III to this
appendix or a comparable formula.
2.5 Facilities That Have Experienced
Reportable Oil Discharges in an Amount Greater Than or Equal to 10,000 Gallons
Within the Past 5 Years and That Have a Total Oil Storage Capacity Greater Than
or Equal to 1 Million Gallons. A facility's oil spill history within the
past 5 years shall be considered in the evaluation for substantial harm. Any
facility with a total oil storage capacity greater than or equal to 1 million
gallons that has experienced a reportable oil discharge in an amount greater
than or equal to 10,000 gallons within the past 5 years must submit a response
plan to EPA.
3.0 Certification for Facilities
That Do Not Pose Substantial Harm
If the facility does not meet the substantial harm criteria listed in
Attachment C-I to this appendix, the owner or operator shall complete and
maintain at the facility the certification form contained in Attachment C-II to
this appendix. In the event an alternative formula that is comparable to the one
in this appendix is used to evaluate the substantial harm criteria, the owner or
operator shall attach documentation to the certification form that demonstrates
the reliability and analytical soundness of the comparable formula and shall
notify the Regional Administrator in writing that an alternative formula was
used.
4.0 References
Chow, V.T. 1959. Open Channel Hydraulics. McGraw Hill.
USCG IFR (58 FR 7353, February 5, 1993). This document is available through
EPA's rulemaking docket as noted in Appendix E to this part, section 13.
ATTACHMENTS TO APPENDIX C
View or
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ATTACHMENT C-II -- CERTIFICATION OF THE APPLICABILITY OF THE SUBSTANTIAL
HARM CRITERIA Facility Name:_____ Facility Address:_____
1. Does the facility transfer oil over water to or from vessels and does the
facility have a total oil storage capacity greater than or equal to 42,000
gallons?
Yes
___
No
___
2. Does the facility have a total oil storage capacity greater than or equal
to 1 million gallons and does the facility lack secondary containment that is
sufficiently large to contain the capacity of the largest aboveground oil
storage tank plus sufficient freeboard to allow for precipitation within any
aboveground oil storage tank area?
Yes
___
No
___
3. Does the facility have a total oil storage capacity greater than or equal
to 1 million gallons and is the facility located at a distance (as calculated
using the appropriate formula in Attachment C-III to this appendix or a
comparable formula 1 ) such that a discharge from the facility could
cause injury to fish and wildlife and sensitive environments? For further
description of fish and wildlife and sensitive environments, see Appendices I,
II, and III to DOC/NOAA's "Guidance for Facility and Vessel Response Plans: Fish
and Wildlife and Sensitive Environments" (see Appendix E to this part, section
13, for availability) and the applicable Area Contingency Plan.
Yes
___ No
___
4. Does the facility have a total oil storage capacity greater than or equal
to 1 million gallons and is the facility located at a distance (as calculated
using the appropriate formula in Attachment C-III to this appendix or a
comparable formula 1 ) such that a discharge from the facility
would shut down a public drinking water intake 2 ?
1 If a comparable formula is used, documentation of the reliability
and analytical soundness of the comparable formula must be attached to this
form.
2 For the purposes of 40 CFR part 112, public drinking water
intakes are analogous to public water systems as described at 40 CFR
143.2(c).
Yes
___ No
___
5. Does the facility have a total oil storage capacity greater than or equal
to 1 million gallons and has the facility experienced a reportable oil discharge
in an amount greater than or equal to 10,000 gallons within the last 5 years?
Yes
___ No
___
Certification
I certify under penalty of law that I have personally examined and am
familiar with the information submitted in this document, and that based on my
inquiry of those individuals responsible for obtaining this information, I
believe that the submitted information is true, accurate, and complete. _____
Signature _____
Name (please type or print) _____
Title _____
Date
ATTACHMENT C-III -- CALCULATION OF THE PLANNING DISTANCE
1.0 Introduction
1.1 The facility owner or operator must
evaluate whether the facility is located at a distance such that a discharge
from the facility could cause injury to fish and wildlife and sensitive
environments or disrupt operations at a public drinking water intake. To
quantify that distance, EPA considered oil transport mechanisms over land and on
still, tidal influence, and moving navigable waters. EPA has determined that the
primary concern for calculation of a planning distance is the transport of oil
in navigable waters during adverse weather conditions. Therefore, two formulas
have been developed to determine distances for planning purposes from the point
of discharge at the facility to the potential site of impact on moving and still
waters, respectively. The formula for oil transport on moving navigable water is
based on the velocity of the water body and the time interval for arrival of
response resources. The still water formula accounts for the spread of
discharged oil over the surface of the water. The method to determine oil
transport on tidal influence areas is based on the type of oil discharged and
the distance down current during ebb tide and up current during flood tide to
the point of maximum tidal influence.
1.2 EPA's formulas were designed to be
simple to use. However, facility owners or operators may calculate planning
distances using more sophisticated formulas, which take into account broader
scientific or engineering principles, or local conditions. Such comparable
formulas may result in different planning distances than EPA's formulas. In the
event that an alternative formula that is comparable to one contained in this
appendix is used to evaluate the criterion in 40 CFR 112.20(f)(1)(ii)(B) or
(f)(1)(ii)(C), the owner or operator shall attach documentation to the response
plan cover sheet contained in Appendix F to this part that demonstrates the
reliability and analytical soundness of the alternative formula and shall notify
the Regional Administrator in writing that an alternative formula was used.
1
1 For persistent oils or non-persistent oils, a worst case
trajectory model (i.e., an alternative formula) may be substituted for the
distance formulas described in still, moving, and tidal waters, subject to
Regional Administrator's review of the model. An example of an alternative
formula that is comparable to the one contained in this appendix would be a
worst case trajectory calculation based on credible adverse winds, currents,
and/or river stages, over a range of seasons, weather conditions, and river
stages. Based on historical information or a spill trajectory model, the Agency
may require that additional fish and wildlife and sensitive environments or
public drinking water intakes also be protected.
1.3 A regulated facility may meet the
criteria for the potential to cause substantial harm to the environment without
having to perform a planning distance calculation. For facilities that meet the
substantial harm criteria because of inadequate secondary containment or oil
spill history, as listed in the flowchart in Attachment C-I to this appendix,
calculation of the planning distance is unnecessary. For facilities that do not
meet the substantial harm criteria for secondary containment or oil spill
history as listed in the flowchart, calculation of a planning distance for
proximity to fish and wildlife and sensitive environments and public drinking
water intakes is required, unless it is clear without performing the calculation
(e.g., the facility is located in a wetland) that these areas would be impacted.
1.4 A facility owner or operator who must
perform a planning distance calculation on navigable water is only required to
do so for the type of navigable water conditions (i.e., moving water, still
water, or tidal- influenced water) applicable to the facility. If a facility
owner or operator determines that more than one type of navigable water
condition applies, then the facility owner or operator is required to perform a
planning distance calculation for each navigable water type to determine the
greatest single distance that oil may be transported. As a result, the final
planning distance for oil transport on water shall be the greatest individual
distance rather than a summation of each calculated planning distance.
1.5 The planning distance formula for
transport on moving waterways contains three variables: the velocity of the
navigable water (v), the response time interval (t), and a conversion factor
(c). The velocity, v, is determined by using the Chezy-Manning equation, which,
in this case, models the flood flow rate of water in open channels. The
Chezy-Manning equation contains three variables which must be determined by
facility owners or operators. Manning's Roughness Coefficient (for flood flow
rates), n, can be determined from Table 1 of this attachment. The hydraulic
radius, r, can be estimated using the average mid-channel depth from charts
provided by the sources listed in Table 2 of this attachment. The average slope
of the river, s, can be determined using topographic maps that can be ordered
from the U.S. Geological Survey, as listed in Table 2 of this attachment.
1.6 Table 3 of this attachment contains
specified time intervals for estimating the arrival of response resources at the
scene of a discharge. Assuming no prior planning, response resources should be
able to arrive at the discharge site within 12 hours of the discovery of any oil
discharge in Higher Volume Port Areas and within 24 hours in Great Lakes and all
other river, canal, inland, and nearshore areas. The specified time intervals in
Table 3 of Appendix C are to be used only to aid in the identification of
whether a facility could cause substantial harm to the environment. Once it is
determined that a plan must be developed for the facility, the owner or operator
shall reference Appendix E to this part to determine appropriate resource levels
and response times. The specified time intervals of this appendix include a
3-hour time period for deployment of boom and other response equipment. The
Regional Administrator may identify additional areas as appropriate.
2.0 Oil Transport on Moving
Navigable Waters
2.1 The facility owner or operator must
use the following formula or a comparable formula as described in §112.20(a)(3)
to calculate the planning distance for oil transport on moving navigable water:
d=v×t×c; where
d: the distance downstream from a facility within which fish and wildlife and
sensitive environments could be injured or a public drinking water intake would
be shut down in the event of an oil discharge (in miles);
v: the velocity of the river/navigable water of concern (in ft/sec) as
determined by Chezy-Manning's equation (see below and Tables 1 and 2 of this
attachment);
t: the time interval specified in Table 3 based upon the type of water body
and location (in hours); and
c: constant conversion factor 0.68 secω mile/hrω ft (3600 sec/hr ÷ 5280
ft/mile).
2.2 Chezy-Manning's equation is used to determine velocity:
v=1.5/n×r 2/3×s 1/2; where
v=the velocity of the river of concern (in ft/sec);
n=Manning's Roughness Coefficient from Table 1 of this attachment;
r=the hydraulic radius; the hydraulic radius can be approximated for
parabolic channels by multiplying the average mid-channel depth of the river (in
feet) by 0.667 (sources for obtaining the mid-channel depth are listed in Table
2 of this attachment); and
s=the average slope of the river (unitless) obtained from U.S. Geological
Survey topographic maps at the address listed in Table 2 of this attachment.
Table 1._Manning's Roughness Coefficient for Natural Streams
[Note: Coefficients are presented for high flow rates at or near flood
stage.]
------------------------------------------------------------------------
Roughness
Stream description coefficient
(n)
------------------------------------------------------------------------
Minor Streams (Top Width <100 ft.)
Clean:
Straight................................................. 0.03
Winding.................................................. 0.04
Sluggish (Weedy, deep pools):
No trees or brush........................................ 0.06
Trees and/or brush....................................... 0.10
Major Streams (Top Width >100 ft.)
Regular section:
(No boulders/brush)...................................... 0.035
Irregular section:
(Brush).................................................. 0.05
------------------------------------------------------------------------
TABLE 2. -- SOURCES OF R AND S FOR THE CHEZY-MANNING EQUATION
All of the charts and related publications for navigational waters may be
ordered from:
Distribution Branch
(N/CG33)
National Ocean Service
Riverdale, Maryland 20737-1199
Phone: (301) 436-6990
There will be a charge for materials ordered and a VISA or Mastercard will be
accepted.
The mid-channel depth to be used in the calculation of the hydraulic radius
(r) can be obtained directly from the following sources:
Charts of Canadian Coastal and Great Lakes Waters:
Canadian Hydrographic Service
Department of Fisheries and Oceans Institute
P.O. Box 8080
1675 Russell Road
Ottawa, Ontario KIG 3H6
Canada
Phone: (613) 998-4931
Charts and Maps of Lower Mississippi River
(Gulf of Mexico to Ohio River and St. Francis, White, Big Sunflower,
Atchafalaya, and other rivers):
U.S. Army Corps of Engineers
Vicksburg District
P.O. Box 60
Vicksburg, Mississippi 39180
Phone: (601) 634-5000
Charts of Upper Mississippi River and Illinois Waterway to Lake Michigan:
U.S. Army Corps of Engineers
Rock Island District
P.O. Box 2004
Rock Island, Illinois 61204
Phone: (309) 794-5552
Charts of Missouri River:
U.S. Army Corps of Engineers
Omaha District
6014 U.S. Post Office and Courthouse
Omaha, Nebraska 68102
Phone: (402) 221-3900
Charts of Ohio River:
U.S. Army Corps of Engineers
Ohio River Division
P.O. Box 1159
Cincinnati, Ohio 45201
Phone: (513) 684-3002
Charts of Tennessee Valley Authority Reservoirs, Tennessee River and
Tributaries:
Tennessee Valley Authority
Maps and Engineering Section
416 Union Avenue
Knoxville, Tennessee 37902
Phone: (615) 632-2921
Charts of Black Warrior River, Alabama River, Tombigbee River, Apalachicola
River and Pearl River:
U.S. Army Corps of Engineers
Mobile District
P.O. Box 2288
Mobile, Alabama 36628-0001
Phone: (205) 690-2511
The average slope of the river (s) may be obtained from topographic maps:
U.S. Geological Survey
Map Distribution
Federal Center
Bldg. 41
Box 25286
Denver, Colorado 80225
Additional information can be obtained from the following sources:
1. The State's Department of Natural Resources (DNR) or the State's Aids to
Navigation office;
2. A knowledgeable local marina operator; or
3. A knowledgeable local water authority (e.g., State water commission)
2.3 The average slope of the river (s) can
be determined from the topographic maps using the following steps:
(1) Locate the facility on the map.
(2) Find the Normal Pool Elevation at the point of discharge from the
facility into the water (A).
(3) Find the Normal Pool Elevation of the public drinking water intake or
fish and wildlife and sensitive environment located downstream (B) (Note: The
owner or operator should use a minimum of 20 miles downstream as a cutoff to
obtain the average slope if the location of a specific public drinking water
intake or fish and wildlife and sensitive environment is unknown).
(4) If the Normal Pool Elevation is not available, the elevation contours can
be used to find the slope. Determine elevation of the water at the point of
discharge from the facility (A). Determine the elevation of the water at the
appropriate distance downstream (B). The formula presented below can be used to
calculate the slope.
(5) Determine the distance (in miles) between the facility and the public
drinking water intake or fish and wildlife and sensitive environments (C).
(6) Use the following formula to find the slope, which will be a unitless
value: Average Slope=[(A−B) (ft)/C (miles)] × [1 mile/5280 feet]
2.4 If it is not feasible to determine the
slope and mid-channel depth by the Chezy-Manning equation, then the river
velocity can be approximated on- site. A specific length, such as 100 feet, can
be marked off along the shoreline. A float can be dropped into the stream above
the mark, and the time required for the float to travel the distance can be used
to determine the velocity in feet per second. However, this method will not
yield an average velocity for the length of the stream, but a velocity only for
the specific location of measurement. In addition, the flow rate will vary
depending on weather conditions such as wind and rainfall. It is recommended
that facility owners or operators repeat the measurement under a variety of
conditions to obtain the most accurate estimate of the surface water velocity
under adverse weather conditions.
2.5 The planning distance calculations for
moving and still navigable waters are based on worst case discharges of
persistent oils. Persistent oils are of concern because they can remain in the
water for significant periods of time and can potentially exist in large
quantities downstream. Owners or operators of facilities that store persistent
as well as non-persistent oils may use a comparable formula. The volume of oil
discharged is not included as part of the planning distance calculation for
moving navigable waters. Facilities that will meet this substantial harm
criterion are those with facility capacities greater than or equal to 1 million
gallons. It is assumed that these facilities are capable of having an oil
discharge of sufficient quantity to cause injury to fish and wildlife and
sensitive environments or shut down a public drinking water intake. While owners
or operators of transfer facilities that store greater than or equal to 42,000
gallons are not required to use a planning distance formula for purposes of the
substantial harm criteria, they should use a planning distance calculation in
the development of facility-specific response plans.
Table 3._Specified Time Intervals
------------------------------------------------------------------------
Substantial harm planning
Operating areas time (hrs)
------------------------------------------------------------------------
Higher volume port area................... 12 hour arrival+3 hour
deployment=15 hours.
Great Lakes............................... 24 hour arrival+3 hour
deployment=27 hours.
All other rivers and canals, inland, and 24 hour arrival+3 hour
nearshore areas. deployment=27 hours.
------------------------------------------------------------------------
2.6 Example of the Planning Distance
Calculation for Oil Transport on Moving Navigable Waters. The following
example provides a sample calculation using the planning distance formula for a
facility discharging oil into the Monongahela River:
(1) Solve for v by evaluating n, r, and s for the Chezy-Manning equation:
Find the roughness coefficient, n, on Table 1 of this attachment for a
regular section of a major stream with a top width greater than 100 feet. The
top width of the river can be found from the topographic map.
n=0.035.
Find slope, s, where A=727 feet, B=710 feet, and C=25 miles.
Solving:
s=[(727 ft−1710 ft)/25 miles]×[1 mile/5280 feet]=1.3×10−4
The average mid-channel depth is found by averaging the mid-channel depth for
each mile along the length of the river between the facility and the public
drinking water intake or the fish or wildlife or sensitive environment (or 20
miles downstream if applicable). This value is multiplied by 0.667 to obtain the
hydraulic radius. The mid-channel depth is found by obtaining values for r and s
from the sources shown in Table 2 for the Monongahela River.
Solving:
r=0.667×20 feet=13.33 feet
Solve for v using:
v=1.5/n×r2/3 ×s1/2 :
v=[1.5/0.035]×(13.33)2/3 ×(1.3×10−4 )1/2
v=2.73 feet/second
(2) Find t from Table 3 of this attachment. The Monongahela River's resource
response time is 27 hours.
(3) Solve for planning distance, d:
d=v×t×c
d=(2.73 ft/sec)×(27 hours)×(0.68 secω mile/hrω ft)
d=50 miles
Therefore, 50 miles downstream is the appropriate planning distance for this
facility.
3.0 Oil Transport on Still
Water
3.1 For bodies of water including lakes or
ponds that do not have a measurable velocity, the spreading of the oil over the
surface must be considered. Owners or operators of facilities located next to
still water bodies may use a comparable means of calculating the planning
distance. If a comparable formula is used, documentation of the reliability and
analytical soundness of the comparable calculation must be attached to the
response plan cover sheet.
3.2 Example of the Planning Distance
Calculation for Oil Transport on Still Water. To assist those facilities
which could potentially discharge into a still body of water, the following
analysis was performed to provide an example of the type of formula that may be
used to calculate the planning distance. For this example, a worst case
discharge of 2,000,000 gallons is used.
(1) The surface area in square feet covered by an oil discharge on still
water, A1, can be determined by the following formula, 2 where
V is the volume of the discharge in gallons and C is a constant conversion
factor:
2 Huang, J.C. and Monastero, F.C., 1982. Review of the
State-of-the-Art of Oil Pollution Models . Final report submitted to the
American Petroleum Institute by Raytheon Ocean Systems, Co., East Providence,
Rhode Island.
A 1=105 ×V 3/4×C
C=0.1643
A 1=105 ×(2,000,000 gallons) 3/4×(0.1643)
A 1=8.74×108 ft2
(2) The spreading formula is based on the theoretical condition that the oil
will spread uniformly in all directions forming a circle. In reality, the
outfall of the discharge will direct the oil to the surface of the water where
it intersects the shoreline. Although the oil will not spread uniformly in all
directions, it is assumed that the discharge will spread from the shoreline into
a semi-circle (this assumption does not account for winds or wave action).
(3) The area of a circle=† r2
(4) To account for the assumption that oil will spread in a semi-circular
shape, the area of a circle is divided by 2 and is designated as A 2.
A 2=(† r2 )/2
Solving for the radius, r, using the relationship A 1=A
2: 8.74×108 ft2 =(†2 )/2
Therefore, r=23,586 ft
r=23,586 ft÷5,280 ft/mile=4.5 miles
Assuming a 20 knot wind under storm conditions:
1 knot=1.15 miles/hour
20 knots×1.15 miles/hour/knot=23 miles/hr
Assuming that the oil slick moves at 3 percent of the wind's speed:
3
3 Oil Spill Prevention & Control. National Spill Control
School, Corpus Christi State University, Thirteenth Edition, May
1990.
23 miles/hour×0.03=0.69 miles/hour
(5) To estimate the distance that the oil will travel, use the times required
for response resources to arrive at different geographic locations as shown in
Table 3 of this attachment.
For example:
For Higher Volume Port Areas: 15 hrs×0.69 miles/hr=10.4 miles
For Great Lakes and all other areas: 27 hrs×0.69 miles/hr=18.6 miles
(6) The total distance that the oil will travel from the point of discharge,
including the distance due to spreading, is calculated as follows:
Higher Volume Port Areas: d=10.4+4.5 miles or approximately 15 miles
Great Lakes and all other areas: d=18.6+4.5 miles or approximately 23 miles
4.0 Oil Transport on
Tidal-Influence Areas
4.1 The planning distance method for tidal
influence navigable water is based on worst case discharges of persistent and
non-persistent oils. Persistent oils are of primary concern because they can
potentially cause harm over a greater distance. For persistent oils discharged
into tidal waters, the planning distance is 15 miles from the facility down
current during ebb tide and to the point of maximum tidal influence or 15 miles,
whichever is less, during flood tide.
4.2 For non-persistent oils discharged
into tidal waters, the planning distance is 5 miles from the facility down
current during ebb tide and to the point of maximum tidal influence or 5 miles,
whichever is less, during flood tide.
4.3 Example of Determining the Planning
Distance for Two Types of Navigable Water Conditions. Below is an example of
how to determine the proper planning distance when a facility could impact two
types of navigable water conditions: moving water and tidal water.
(1) Facility X stores persistent oil and is located downstream from locks
along a slow moving river which is affected by tides. The river velocity, v, is
determined to be 0.5 feet/second from the Chezy-Manning equation used to
calculate oil transport on moving navigable waters. The specified time interval,
t, obtained from Table 3 of this attachment for river areas is 27 hours.
Therefore, solving for the planning distance, d:
d=v×t×c
d=(0.5 ft/sec)×(27 hours)×(0.68 secmile/hrft)
d=9.18 miles.
(2) However, the planning distance for maximum tidal influence down current
during ebb tide is 15 miles, which is greater than the calculated 9.18 miles.
Therefore, 15 miles downstream is the appropriate planning distance for this
facility.
5.0 Oil Transport Over
Land
5.1 Facility owners or operators must
evaluate the potential for oil to be transported over land to navigable waters
of the United States. The owner or operator must evaluate the likelihood that
portions of a worst case discharge would reach navigable waters via open channel
flow or from sheet flow across the land, or be prevented from reaching navigable
waters when trapped in natural or man-made depressions excluding secondary
containment structures.
5.2 As discharged oil travels over land,
it may enter a storm drain or open concrete channel intended for drainage. It is
assumed that once oil reaches such an inlet, it will flow into the receiving
navigable water. During a storm event, it is highly probable that the oil will
either flow into the drainage structures or follow the natural contours of the
land and flow into the navigable water. Expected minimum and maximum velocities
are provided as examples of open concrete channel and pipe flow. The ranges
listed below reflect minimum and maximum velocities used as design criteria.
4 The calculation below demonstrates that the time required
for oil to travel through a storm drain or open concrete channel to navigable
water is negligible and can be considered instantaneous. The velocities
are:
4 The design velocities were obtained from Howard County, Maryland
Department of Public Works' Storm Drainage Design Manual.
For open concrete channels:
maximum velocity=25 feet per second
minimum velocity=3 feet per second
For storm drains:
maximum velocity=25 feet per second
minimum velocity=2 feet per second
5.3 Assuming a length of 0.5 mile from the
point of discharge through an open concrete channel or concrete storm drain to a
navigable water, the travel times (distance/velocity) are:
1.8 minutes at a velocity of 25 feet per second
14.7 minutes at a velocity of 3 feet per second
22.0 minutes for at a velocity of 2 feet per second
5.4 The distances that shall be considered
to determine the planning distance are illustrated in Figure C-I of this
attachment. The relevant distances can be described as follows:
D1=Distance from the nearest opportunity for discharge, X 1, to a
storm drain or an open concrete channel leading to navigable water.
D2=Distance through the storm drain or open concrete channel to navigable
water.
D3=Distance downstream from the outfall within which fish and wildlife and
sensitive environments could be injured or a public drinking water intake would
be shut down as determined by the planning distance formula.
D4=Distance from the nearest opportunity for discharge, X 2, to
fish and wildlife and sensitive environments not bordering navigable water.
5.5 A facility owner or operator whose
nearest opportunity for discharge is located within 0.5 mile of a navigable
water must complete the planning distance calculation (D3) for the type of
navigable water near the facility or use a comparable formula.
5.6 A facility that is located at a
distance greater than 0.5 mile from a navigable water must also calculate a
planning distance (D3) if it is in close proximity (i.e., D1 is less than 0.5
mile and other factors are conducive to oil travel over land) to storm drains
that flow to navigable waters. Factors to be considered in assessing oil
transport over land to storm drains shall include the topography of the
surrounding area, drainage patterns, man-made barriers (excluding secondary
containment structures), and soil distribution and porosity. Storm drains or
concrete drainage channels that are located in close proximity to the facility
can provide a direct pathway to navigable waters, regardless of the length of
the drainage pipe. If D1 is less than or equal to 0.5 mile, a discharge from the
facility could pose substantial harm because the time to travel the distance
from the storm drain to the navigable water (D2) is virtually instantaneous.
5.7 A facility's proximity to fish and
wildlife and sensitive environments not bordering a navigable water, as depicted
as D4 in Figure C-I of this attachment, must also be considered, regardless of
the distance from the facility to navigable waters. Factors to be considered in
assessing oil transport over land to fish and wildlife and sensitive
environments should include the topography of the surrounding area, drainage
patterns, man-made barriers (excluding secondary containment structures), and
soil distribution and porosity.
5.8 If a facility is not found to pose
substantial harm to fish and wildlife and sensitive environments not bordering
navigable waters via oil transport on land, then supporting documentation should
be maintained at the facility. However, such documentation should be submitted
with the response plan if a facility is found to pose substantial harm.
View or
Download PDF
[59 FR 34102, July 1, 1994, as amended at 65 FR 40798, June 30, 2000;
67 FR 47152, July 17, 2002]
Appendix D to Part 112 -- Determination of a Worst Case Discharge
Planning Volume
1.0 Instructions
1.1 An owner or operator is required to
complete this worksheet if the facility meets the criteria, as presented in
Appendix C to this part, or it is determined by the RA that the facility could
cause substantial harm to the environment. The calculation of a worst case
discharge planning volume is used for emergency planning purposes, and is
required in 40 CFR 112.20 for facility owners or operators who must prepare a
response plan. When planning for the amount of resources and equipment necessary
to respond to the worst case discharge planning volume, adverse weather
conditions must be taken into consideration. An owner or operator is required to
determine the facility's worst case discharge planning volume from either part A
of this appendix for an onshore storage facility, or part B of this appendix for
an onshore production facility. The worksheet considers the provision of
adequate secondary containment at a facility.
1.2 For onshore storage facilities and
production facilities, permanently manifolded oil storage tanks are defined as
tanks that are designed, installed, and/or operated in such a manner that the
multiple tanks function as one storage unit (i.e., multiple tank volumes are
equalized). In a worst case discharge scenario, a single failure could cause the
discharge of the contents of more than one tank. The owner or operator must
provide evidence in the response plan that tanks with common piping or piping
systems are not operated as one unit. If such evidence is provided and is
acceptable to the RA, the worst case discharge planning volume would be based on
the capacity of the largest oil storage tank within a common secondary
containment area or the largest oil storage tank within a single secondary
containment area, whichever is greater. For permanently manifolded tanks that
function as one oil storage unit, the worst case discharge planning volume would
be based on the combined oil storage capacity of all manifolded tanks or the
capacity of the largest single oil storage tank within a secondary containment
area, whichever is greater. For purposes of this rule, permanently manifolded
tanks that are separated by internal divisions for each tank are considered to
be single tanks and individual manifolded tank volumes are not combined.
1.3 For production facilities, the
presence of exploratory wells, production wells, and oil storage tanks must be
considered in the calculation. Part B of this appendix takes these additional
factors into consideration and provides steps for their inclusion in the total
worst case discharge planning volume. Onshore oil production facilities may
include all wells, flowlines, separation equipment, storage facilities,
gathering lines, and auxiliary non-transportation-related equipment and
facilities in a single geographical oil or gas field operated by a single
operator. Although a potential worst case discharge planning volume is
calculated within each section of the worksheet, the final worst case amount
depends on the risk parameter that results in the greatest volume.
1.4 Marine transportation-related transfer
facilities that contain fixed aboveground onshore structures used for bulk oil
storage are jointly regulated by EPA and the U.S. Coast Guard (USCG), and are
termed "complexes." Because the USCG also requires response plans from
transportation-related facilities to address a worst case discharge of oil, a
separate calculation for the worst case discharge planning volume for
USCG-related facilities is included in the USCG IFR (see Appendix E to this
part, section 13, for availability). All complexes that are jointly regulated by
EPA and the USCG must compare both calculations for worst case discharge
planning volume derived by using the EPA and USCG methodologies and plan for
whichever volume is greater.
PART A: WORST CASE DISCHARGE PLANNING VOLUME CALCULATION FOR ONSHORE STORAGE
FACILITIES 1
1 "Storage facilities" represent all facilities subject to this
part, excluding oil production facilities.
Part A of this worksheet is to be completed by the owner or operator of an
SPCC-regulated facility (excluding oil production facilities) if the facility
meets the criteria as presented in Appendix C to this part, or if it is
determined by the RA that the facility could cause substantial harm to the
environment. If you are the owner or operator of a production facility, please
proceed to part B of this worksheet.
A.1 SINGLE-TANK
FACILITIES
For facilities containing only one aboveground oil storage tank, the worst
case discharge planning volume equals the capacity of the oil storage tank. If
adequate secondary containment (sufficiently large to contain the capacity of
the aboveground oil storage tank plus sufficient freeboard to allow for
precipitation) exists for the oil storage tank, multiply the capacity of the
tank by 0.8.
(1) FINAL WORST CASE VOLUME: ____ GAL
(2) Do not proceed further.
A.2 SECONDARY CONTAINMENT --
MULTIPLE-TANK FACILITIES
Are all aboveground oil storage tanks or groups of aboveground oil
storage tanks at the facility without adequate secondary containment?
2
2 Secondary containment is described in 40 CFR part 112, subparts A
through C. Acceptable methods and structures for containment are also given in
40 CFR 112.7(c)(1).
____ (Y/N)
A.2.1 If the answer is yes, the final
worst case discharge planning volume equals the total aboveground oil storage
capacity at the facility.
(1) FINAL WORST CASE VOLUME: ____ GAL
(2) Do not proceed further.
A.2.2 If the answer is no, calculate the
total aboveground oil storage capacity of tanks without adequate secondary
containment. If all aboveground oil storage tanks or groups of
aboveground oil storage tanks at the facility have adequate secondary
containment, ENTER "0" (zero).
____ GAL
A.2.3 Calculate the capacity of the
largest single aboveground oil storage tank within an adequate secondary
containment area or the combined capacity of a group of aboveground oil storage
tanks permanently manifolded together, whichever is greater, PLUS THE VOLUME
FROM QUESTION A.2.2.
FINAL WORST CASE VOLUME: 3 ____ GAL
3 All complexes that are jointly regulated by EPA and the USCG must
also calculate the worst case discharge planning volume for the
transportation-related portions of the facility and plan for whichever volume is
greater.
PART B: WORST CASE DISCHARGE PLANNING VOLUME CALCULATION FOR ONSHORE
PRODUCTION FACILITIES
Part B of this worksheet is to be completed by the owner or operator of an
SPCC-regulated oil production facility if the facility meets the criteria
presented in Appendix C to this part, or if it is determined by the RA that the
facility could cause substantial harm. A production facility consists of all
wells (producing and exploratory) and related equipment in a single geographical
oil or gas field operated by a single operator.
B.1 SINGLE-TANK
FACILITIES
B.1.1 For facilities containing only one
aboveground oil storage tank, the worst case discharge planning volume equals
the capacity of the aboveground oil storage tank plus the production volume of
the well with the highest output at the facility. If adequate secondary
containment (sufficiently large to contain the capacity of the aboveground oil
storage tank plus sufficient freeboard to allow for precipitation) exists for
the storage tank, multiply the capacity of the tank by 0.8.
B.1.2 For facilities with production wells
producing by pumping, if the rate of the well with the highest output is known
and the number of days the facility is unattended can be predicted, then the
production volume is equal to the pumping rate of the well multiplied by the
greatest number of days the facility is unattended.
B.1.3 If the pumping rate of the well with
the highest output is estimated or the maximum number of days the facility is
unattended is estimated, then the production volume is determined from the
pumping rate of the well multiplied by 1.5 times the greatest number of days
that the facility has been or is expected to be unattended.
B.1.4 Attachment D-1 to this appendix
provides methods for calculating the production volume for exploratory wells and
production wells producing under pressure.
(1) FINAL WORST CASE VOLUME: ____ GAL
(2) Do not proceed further.
B.2 SECONDARY CONTAINMENT --
MULTIPLE-TANK FACILITIES
Are all aboveground oil storage tanks or groups of aboveground oil
storage tanks at the facility without adequate secondary containment?
___ (Y/N)
B.2.1 If the answer is yes, the final
worst case volume equals the total aboveground oil storage capacity without
adequate secondary containment plus the production volume of the well with the
highest output at the facility.
(1) For facilities with production wells producing by pumping, if the rate of
the well with the highest output is known and the number of days the facility is
unattended can be predicted, then the production volume is equal to the pumping
rate of the well multiplied by the greatest number of days the facility is
unattended.
(2) If the pumping rate of the well with the highest output is estimated or
the maximum number of days the facility is unattended is estimated, then the
production volume is determined from the pumping rate of the well multiplied by
1.5 times the greatest number of days that the facility has been or is expected
to be unattended.
(3) Attachment D-1 to this appendix provides methods for calculating the
production volumes for exploratory wells and production wells producing under
pressure.
(A) FINAL WORST CASE VOLUME: ____ GAL
(B) Do not proceed further.
B.2.2 If the answer is no, calculate the
total aboveground oil storage capacity of tanks without adequate secondary
containment. If all aboveground oil storage tanks or groups of
aboveground oil storage tanks at the facility have adequate secondary
containment, ENTER "0" (zero).
____ GAL
B.2.3 Calculate the capacity of the
largest single aboveground oil storage tank within an adequate secondary
containment area or the combined capacity of a group of aboveground oil storage
tanks permanently manifolded together, whichever is greater, plus the production
volume of the well with the highest output, PLUS THE VOLUME FROM QUESTION B.2.2.
Attachment D-1 provides methods for calculating the production volumes for
exploratory wells and production wells producing under pressure.
(1) FINAL WORST CASE VOLUME: 4 ____ GAL
4 All complexes that are jointly regulated by EPA and the USCG must
also calculate the worst case discharge planning volume for the
transportation-related portions of the facility and plan for whichever volume is
greater.
(2) Do not proceed further.
ATTACHMENTS TO APPENDIX D
ATTACHMENT D-I -- METHODS TO CALCULATE PRODUCTION VOLUMES FOR PRODUCTION
FACILITIES WITH EXPLORATORY WELLS OR PRODUCTION WELLS PRODUCING UNDER
PRESSURE
1.0 Introduction
The owner or operator of a production facility with exploratory wells or
production wells producing under pressure shall compare the well rate of the
highest output well (rate of well), in barrels per day, to the ability of
response equipment and personnel to recover the volume of oil that could be
discharged (rate of recovery), in barrels per day. The result of this comparison
will determine the method used to calculate the production volume for the
production facility. This production volume is to be used to calculate the worst
case discharge planning volume in part B of this appendix.
2.0 Description of
Methods
2.1 Method A
If the well rate would overwhelm the response efforts (i.e., rate of
well/rate of recovery ≥1), then the production volume would be the 30-day
forecasted well rate for a well 10,000 feet deep or less, or the 45-day
forecasted well rate for a well deeper than 10,000 feet.
(1) For wells 10,000 feet deep or less:
Production volume=30 days × rate of well.
(2) For wells deeper than 10,000 feet:
Production volume=45 days × rate of well.
2.2 Method B
2.2.1 If the rate of recovery would be
greater than the well rate (i.e., rate of well/rate of recovery <1), then the
production volume would equal the sum of two terms:
Production volume=discharge volume 1 + discharge volume 2
2.2.2 The first term represents the volume
of the oil discharged from the well between the time of the blowout and the time
the response resources are on scene and recovering oil (discharge volume 1).
Discharge volume 1=(days unattended+days to respond) × (rate of
well)
2.2.3 The second term represents the
volume of oil discharged from the well after the response resources begin
operating until the discharge is stopped, adjusted for the recovery rate of the
response resources (discharge volume 2).
(1) For wells 10,000 feet deep or less:
Discharge volume 2=[30 days−(days unattended + days to respond)] ×
(rate of well) × (rate of well/rate of recovery)
(2) For wells deeper than 10,000 feet:
Discharge volume 2=[45 days−(days unattended + days to respond)] ×
(rate of well) × (rate of well/rate of recovery)
3.0 Example
3.1 A facility consists of two production
wells producing under pressure, which are both less than 10,000 feet deep. The
well rate of well A is 5 barrels per day, and the well rate of well B is 10
barrels per day. The facility is unattended for a maximum of 7 days. The
facility operator estimates that it will take 2 days to have response equipment
and personnel on scene and responding to a blowout, and that the projected rate
of recovery will be 20 barrels per day.
(1) First, the facility operator determines that the highest output well is
well B. The facility operator calculates the ratio of the rate of well to the
rate of recovery:
10 barrels per day/20 barrels per day=0.5 Because the ratio is less than one,
the facility operator will use Method B to calculate the production volume.
(2) The first term of the equation is:
Discharge volume 1=(7 days + 2 days) × (10 barrels per day)=90
barrels
(3) The second term of the equation is:
Discharge volume 2=[30 days -- (7 days + 2 days)] × (10 barrels per
day) × (0.5)=105 barrels
(4) Therefore, the production volume is:
Production volume=90 barrels + 105 barrels=195 barrels
3.2 If the recovery rate was 5 barrels per
day, the ratio of rate of well to rate of recovery would be 2, so the facility
operator would use Method A. The production volume would have been:
30 days × 10 barrels per day=300 barrels
[59 FR 34110, July 1, 1994; 59 FR 49006, Sept. 26, 1994, as amended at
65 FR 40800, June 30, 2000; 67 FR 47152, July 17,
2002]
Appendix E to Part 112 -- Determination and Evaluation of Required
Response Resources for Facility Response Plans
1.0 Purpose and
Definitions
1.1 The purpose of this appendix is to
describe the procedures to identify response resources to meet the requirements
of §112.20. To identify response resources to meet the facility response plan
requirements of 40 CFR 112.20(h), owners or operators shall follow this appendix
or, where not appropriate, shall clearly demonstrate in the response plan why
use of this appendix is not appropriate at the facility and make comparable
arrangements for response resources.
1.2 Definitions.
1.2.1 Animal fat means a
non-petroleum oil, fat, or grease of animal, fish, or marine mammal origin.
Animal fats are further classified based on specific gravity as follows:
(1) Group A -- specific gravity less than 0.8.
(2) Group B -- specific gravity equal to or greater than 0.8 and less than
1.0.
(3) Group C -- specific gravity equal to or greater than 1.0.
1.2.2 Nearshore is an operating
area defined as extending seaward 12 miles from the boundary lines defined in 46
CFR part 7, except in the Gulf of Mexico. In the Gulf of Mexico, it means the
area extending 12 miles from the line of demarcation (COLREG lines) defined in
49 CFR 80.740 and 80.850.
1.2.3 Non-persistent oils or
Group 1 oils include:
(1) A petroleum-based oil that, at the time of shipment, consists of
hydrocarbon fractions:
(A) At least 50 percent of which by volume, distill at a temperature of 340
degrees C (645 degrees F); and
(B) At least 95 percent of which by volume, distill at a temperature of 370
degrees C (700 degrees F); and
(2) A non-petroleum oil, other than an animal fat or vegetable oil, with a
specific gravity less than 0.8.
1.2.4 Non-petroleum oil means oil
of any kind that is not petroleum-based, including but not limited to: fats,
oils, and greases of animal, fish, or marine mammal origin; and vegetable oils,
including oils from seeds, nuts, fruits, and kernels.
1.2.5 Ocean means the nearshore
area.
1.2.6 Operating area means Rivers
and Canals, Inland, Nearshore, and Great Lakes geographic location(s) in which a
facility is handling, storing, or transporting oil.
1.2.7 Operating environment means
Rivers and Canals, Inland, Great Lakes, or Ocean. These terms are used to define
the conditions in which response equipment is designed to function.
1.2.8 Persistent oils include:
(1) A petroleum-based oil that does not meet the distillation criteria for a
non-persistent oil. Persistent oils are further classified based on specific
gravity as follows:
(A) Group 2 -- specific gravity less than 0.85;
(B) Group 3 -- specific gravity equal to or greater than 0.85 and less than
0.95;
(C) Group 4 -- specific gravity equal to or greater than 0.95 and less than
1.0; or
(D) Group 5 -- specific gravity equal to or greater than 1.0.
(2) A non-petroleum oil, other than an animal fat or vegetable oil, with a
specific gravity of 0.8 or greater. These oils are further classified based on
specific gravity as follows:
(A) Group 2 -- specific gravity equal to or greater than 0.8 and less than
0.85;
(B) Group 3 -- specific gravity equal to or greater than 0.85 and less than
0.95;
(C) Group 4 -- specific gravity equal to or greater than 0.95 and less than
1.0; or
(D) Group 5 -- specific gravity equal to or greater than 1.0.
1.2.9 Vegetable oil means a
non-petroleum oil or fat of vegetable origin, including but not limited to oils
and fats derived from plant seeds, nuts, fruits, and kernels. Vegetable oils are
further classified based on specific gravity as follows:
(1) Group A -- specific gravity less than 0.8.
(2) Group B -- specific gravity equal to or greater than 0.8 and less than
1.0.
(3) Group C -- specific gravity equal to or greater than 1.0.
1.2.10 Other definitions are included in §112.2, section 1.1 of Appendix C,
and section 3.0 of Appendix F.
2.0 Equipment Operability and
Readiness
2.1 All equipment identified in a response
plan must be designed to operate in the conditions expected in the facility's
geographic area (i.e., operating environment). These conditions vary widely
based on location and season. Therefore, it is difficult to identify a single
stockpile of response equipment that will function effectively in each
geographic location (i.e., operating area).
2.2 Facilities handling, storing, or
transporting oil in more than one operating environment as indicated in Table 1
of this appendix must identify equipment capable of successfully functioning in
each operating environment.
2.3 When identifying equipment for the
response plan (based on the use of this appendix), a facility owner or operator
must consider the inherent limitations of the operability of equipment
components and response systems. The criteria in Table 1 of this appendix shall
be used to evaluate the operability in a given environment. These criteria
reflect the general conditions in certain operating environments.
2.3.1 The Regional Administrator may
require documentation that the boom identified in a facility response plan meets
the criteria in Table 1 of this appendix. Absent acceptable documentation, the
Regional Administrator may require that the boom be tested to demonstrate that
it meets the criteria in Table 1 of this appendix. Testing must be in accordance
with ASTM F 715, ASTM F 989, or other tests approved by EPA as deemed
appropriate (see Appendix E to this part, section 13, for general availability
of documents).
2.4 Table 1 of this appendix lists
criteria for oil recovery devices and boom. All other equipment necessary to
sustain or support response operations in an operating environment must be
designed to function in the same conditions. For example, boats that deploy or
support skimmers or boom must be capable of being safely operated in the
significant wave heights listed for the applicable operating environment.
2.5 A facility owner or operator shall
refer to the applicable Area Contingency Plan (ACP), where available, to
determine if ice, debris, and weather-related visibility are significant factors
to evaluate the operability of equipment. The ACP may also identify the average
temperature ranges expected in the facility's operating area. All equipment
identified in a response plan must be designed to operate within those
conditions or ranges.
2.6 This appendix provides information on
response resource mobilization and response times. The distance of the facility
from the storage location of the response resources must be used to determine
whether the resources can arrive on-scene within the stated time. A facility
owner or operator shall include the time for notification, mobilization, and
travel of resources identified to meet the medium and Tier 1 worst case
discharge requirements identified in sections 4.3 and 9.3 of this appendix (for
medium discharges) and section 5.3 of this appendix (for worst case discharges).
The facility owner or operator must plan for notification and mobilization of
Tier 2 and 3 response resources as necessary to meet the requirements for
arrival on-scene in accordance with section 5.3 of this appendix. An on-water
speed of 5 knots and a land speed of 35 miles per hour is assumed, unless the
facility owner or operator can demonstrate otherwise.
2.7 In identifying equipment, the facility
owner or operator shall list the storage location, quantity, and manufacturer's
make and model. For oil recovery devices, the effective daily recovery capacity,
as determined using section 6 of this appendix, must be included. For boom, the
overall boom height (draft and freeboard) shall be included. A facility owner or
operator is responsible for ensuring that the identified boom has compatible
connectors.
3.0 Determining Response Resources
Required for Small Discharges -- Petroleum Oils and Non-Petroleum Oils Other
Than Animal Fats and Vegetable Oils
3.1 A facility owner or operator shall
identify sufficient response resources available, by contract or other approved
means as described in §112.2, to respond to a small discharge. A small discharge
is defined as any discharge volume less than or equal to 2,100 gallons, but not
to exceed the calculated worst case discharge. The equipment must be designed to
function in the operating environment at the point of expected use.
3.2 Complexes that are regulated by EPA
and the United States Coast Guard (USCG) must also consider planning quantities
for the transportation-related transfer portion of the facility.
3.2.1 Petroleum oils. The USCG
planning level that corresponds to EPA's "small discharge" is termed "the
average most probable discharge." A USCG rule found at 33 CFR 154.1020 defines
"the average most probable discharge" as the lesser of 50 barrels (2,100
gallons) or 1 percent of the volume of the worst case discharge. Owners or
operators of complexes that handle, store, or transport petroleum oils must
compare oil discharge volumes for a small discharge and an average most probable
discharge, and plan for whichever quantity is greater.
3.2.2 Non-petroleum oils other than
animal fats and vegetable oils. Owners or operators of complexes that
handle, store, or transport non-petroleum oils other than animal fats and
vegetable oils must plan for oil discharge volumes for a small discharge. There
is no USCG planning level that directly corresponds to EPA's "small discharge."
However, the USCG (at 33 CFR 154.545) has requirements to identify equipment to
contain oil resulting from an operational discharge.
3.3 The response resources shall, as
appropriate, include:
3.3.1 One thousand feet of containment
boom (or, for complexes with marine transfer components, 1,000 feet of
containment boom or two times the length of the largest vessel that regularly
conducts oil transfers to or from the facility, whichever is greater), and a
means of deploying it within 1 hour of the discovery of a discharge;
3.3.2 Oil recovery devices with an
effective daily recovery capacity equal to the amount of oil discharged in a
small discharge or greater which is available at the facility within 2 hours of
the detection of an oil discharge; and
3.3.3 Oil storage capacity for recovered
oily material indicated in section 12.2 of this appendix.
4.0 Determining Response Resources
Required for Medium Discharges -- Petroleum Oils and Non-Petroleum Oils Other
Than Animal Fats and Vegetable Oils
4.1 A facility owner or operator shall
identify sufficient response resources available, by contract or other approved
means as described in §112.2, to respond to a medium discharge of oil for that
facility. This will require response resources capable of containing and
collecting up to 36,000 gallons of oil or 10 percent of the worst case
discharge, whichever is less. All equipment identified must be designed to
operate in the applicable operating environment specified in Table 1 of this
appendix.
4.2 Complexes that are regulated by EPA
and the USCG must also consider planning quantities for the
transportation-related transfer portion of the facility.
4.2.1 Petroleum oils. The USCG
planning level that corresponds to EPA's "medium discharge" is termed "the
maximum most probable discharge." The USCG rule found at 33 CFR part 154 defines
"the maximum most probable discharge" as a discharge of 1,200 barrels (50,400
gallons) or 10 percent of the worst case discharge, whichever is less. Owners or
operators of complexes that handle, store, or transport petroleum oils must
compare calculated discharge volumes for a medium discharge and a maximum most
probable discharge, and plan for whichever quantity is greater.
4.2.2 Non-petroleum oils other than
animal fats and vegetable oils. Owners or operators of complexes that
handle, store, or transport non-petroleum oils other than animal fats and
vegetable oils must plan for oil discharge volumes for a medium discharge. For
non-petroleum oils, there is no USCG planning level that directly corresponds to
EPA's "medium discharge."
4.3 Oil recovery devices identified to
meet the applicable medium discharge volume planning criteria must be located
such that they are capable of arriving on-scene within 6 hours in higher volume
port areas and the Great Lakes and within 12 hours in all other areas. Higher
volume port areas and Great Lakes areas are defined in section 1.1 of Appendix C
to this part.
4.4 Because rapid control, containment,
and removal of oil are critical to reduce discharge impact, the owner or
operator must determine response resources using an effective daily recovery
capacity for oil recovery devices equal to 50 percent of the planning volume
applicable for the facility as determined in section 4.1 of this appendix. The
effective daily recovery capacity for oil recovery devices identified in the
plan must be determined using the criteria in section 6 of this appendix.
4.5 In addition to oil recovery capacity,
the plan shall, as appropriate, identify sufficient quantity of containment boom
available, by contract or other approved means as described in §112.2, to arrive
within the required response times for oil collection and containment and for
protection of fish and wildlife and sensitive environments. For further
description of fish and wildlife and sensitive environments, see Appendices I,
II, and III to DOC/NOAA's "Guidance for Facility and Vessel Response Plans: Fish
and Wildlife and Sensitive Environments" (see Appendix E to this part, section
13, for availability) and the applicable ACP. Although 40 CFR part 112 does not
set required quantities of boom for oil collection and containment, the response
plan shall identify and ensure, by contract or other approved means as described
in §112.2, the availability of the quantity of boom identified in the plan for
this purpose.
4.6 The plan must indicate the
availability of temporary storage capacity to meet section 12.2 of this
appendix. If available storage capacity is insufficient to meet this level, then
the effective daily recovery capacity must be derated (downgraded) to the limits
of the available storage capacity.
4.7 The following is an example of a
medium discharge volume planning calculation for equipment identification in a
higher volume port area: The facility's largest aboveground storage tank volume
is 840,000 gallons. Ten percent of this capacity is 84,000 gallons. Because 10
percent of the facility's largest tank, or 84,000 gallons, is greater than
36,000 gallons, 36,000 gallons is used as the planning volume. The effective
daily recovery capacity is 50 percent of the planning volume, or 18,000 gallons
per day. The ability of oil recovery devices to meet this capacity must be
calculated using the procedures in section 6 of this appendix. Temporary storage
capacity available on-scene must equal twice the daily recovery capacity as
indicated in section 12.2 of this appendix, or 36,000 gallons per day. This is
the information the facility owner or operator must use to identify and ensure
the availability of the required response resources, by contract or other
approved means as described in §112.2. The facility owner shall also identify
how much boom is available for use.
5.0 Determining Response Resources
Required for the Worst Case Discharge to the Maximum Extent
Practicable
5.1 A facility owner or operator shall
identify and ensure the availability of, by contract or other approved means as
described in §112.2, sufficient response resources to respond to the worst case
discharge of oil to the maximum extent practicable. Sections 7 and 10 of this
appendix describe the method to determine the necessary response resources.
Worksheets are provided as Attachments E-1 and E-2 at the end of this appendix
to simplify the procedures involved in calculating the planning volume for
response resources for the worst case discharge.
5.1 A facility owner or operator shall
identify and ensure the availability of, by contract or other approved means as
described in §112.2, sufficient response resources to respond to the worst case
discharge of oil to the maximum extent practicable. Sections 7 and 10 of this
appendix describe the method to determine the necessary response resources.
Worksheets are provided as Attachments E-1 and E-2 at the end of this appendix
to simplify the procedures involved in calculating the planning volume for
response resources for the worst case discharge.
5.2 Complexes that are regulated by EPA
and the USCG must also consider planning for the worst case discharge at the
transportation-related portion of the facility. The USCG requires that
transportation-related facility owners or operators use a different calculation
for the worst case discharge in the revisions to 33 CFR part 154. Owners or
operators of complex facilities that are regulated by EPA and the USCG must
compare both calculations of worst case discharge derived by EPA and the USCG
and plan for whichever volume is greater.
5.3 Oil discharge response resources
identified in the response plan and available, by contract or other approved
means as described in §112.2, to meet the applicable worst case discharge
planning volume must be located such that they are capable of arriving at the
scene of a discharge within the times specified for the applicable response tier
listed as follows
----------------------------------------------------------------------------------------------------------------
Tier 1 (in Tier 2 (in Tier 3 (in
hours) hours) hours)
----------------------------------------------------------------------------------------------------------------
Higher volume port areas................................................. 6 30 54
Great Lakes.............................................................. 12 36 60
All other river and canal, inland, and nearshore areas................... 12 36 60
----------------------------------------------------------------------------------------------------------------
The three levels of response tiers apply to the amount of time in which
facility owners or operators must plan for response resources to arrive at the
scene of a discharge to respond to the worst case discharge planning volume. For
example, at a worst case discharge in an inland area, the first tier of response
resources (i.e., that amount of on-water and shoreline cleanup capacity
necessary to respond to the fraction of the worst case discharge as indicated
through the series of steps described in sections 7.2 and 7.3 or sections 10.2
and 10.3 of this appendix) would arrive at the scene of the discharge within 12
hours; the second tier of response resources would arrive within 36 hours; and
the third tier of response resources would arrive within 60 hours.
5.4 The effective daily recovery capacity
for oil recovery devices identified in the response plan must be determined
using the criteria in section 6 of this appendix. A facility owner or operator
shall identify the storage locations of all response resources used for each
tier. The owner or operator of a facility whose required daily recovery capacity
exceeds the applicable contracting caps in Table 5 of this appendix shall, as
appropriate, identify sources of additional equipment, their location, and the
arrangements made to obtain this equipment during a response. The owner or
operator of a facility whose calculated planning volume exceeds the applicable
contracting caps in Table 5 of this appendix shall, as appropriate, identify
sources of additional equipment equal to twice the cap listed in Tier 3 or the
amount necessary to reach the calculated planning volume, whichever is lower.
The resources identified above the cap shall be capable of arriving on-scene not
later than the Tier 3 response times in section 5.3 of this appendix. No
contract is required. While general listings of available response equipment may
be used to identify additional sources (i.e., "public" resources vs. "private"
resources), the response plan shall identify the specific sources, locations,
and quantities of equipment that a facility owner or operator has considered in
his or her planning. When listing USCG-classified oil spill removal
organization(s) that have sufficient removal capacity to recover the volume
above the response capacity cap for the specific facility, as specified in Table
5 of this appendix, it is not necessary to list specific quantities of
equipment.
5.5 A facility owner or operator shall
identify the availability of temporary storage capacity to meet section 12.2 of
this appendix. If available storage capacity is insufficient, then the effective
daily recovery capacity must be derated (downgraded) to the limits of the
available storage capacity.
5.6 When selecting response resources
necessary to meet the response plan requirements, the facility owner or operator
shall, as appropriate, ensure that a portion of those resources is capable of
being used in close-to-shore response activities in shallow water. For any
EPA-regulated facility that is required to plan for response in shallow water,
at least 20 percent of the on-water response equipment identified for the
applicable operating area shall, as appropriate, be capable of operating in
water of 6 feet or less depth.
5.7 In addition to oil spill recovery
devices, a facility owner or operator shall identify sufficient quantities of
boom that are available, by contract or other approved means as described in
§112.2, to arrive on-scene within the specified response times for oil
containment and collection. The specific quantity of boom required for
collection and containment will depend on the facility-specific information and
response strategies employed. A facility owner or operator shall, as
appropriate, also identify sufficient quantities of oil containment boom to
protect fish and wildlife and sensitive environments. For further description of
fish and wildlife and sensitive environments, see Appendices I, II, and III to
DOC/NOAA's "Guidance for Facility and Vessel Response Plans: Fish and Wildlife
and Sensitive Environments" (see Appendix E to this part, section 13, for
availability), and the applicable ACP. Refer to this guidance document for the
number of days and geographic areas (i.e., operating environments)
specified in Table 2 and Table 6 of this appendix.
5.8 A facility owner or operator shall
also identify, by contract or other approved means as described in §112.2, the
availability of an oil spill removal organization(s) (as described in §112.2)
capable of responding to a shoreline cleanup operation involving the calculated
volume of oil and emulsified oil that might impact the affected shoreline. The
volume of oil that shall, as appropriate, be planned for is calculated through
the application of factors contained in Tables 2, 3, 6, and 7 of this appendix.
The volume calculated from these tables is intended to assist the facility owner
or operator to identify an oil spill removal organization with sufficient
resources and expertise.
6.0 Determining Effective Daily
Recovery Capacity for Oil Recovery Devices
6.1 Oil recovery devices identified by a
facility owner or operator must be identified by the manufacturer, model, and
effective daily recovery capacity. These capacities must be used to determine
whether there is sufficient capacity to meet the applicable planning criteria
for a small discharge, a medium discharge, and a worst case discharge to the
maximum extent practicable.
6.2 To determine the effective daily
recovery capacity of oil recovery devices, the formula listed in section 6.2.1
of this appendix shall be used. This formula considers potential limitations due
to available daylight, weather, sea state, and percentage of emulsified oil in
the recovered material. The RA may assign a lower efficiency factor to equipment
listed in a response plan if it is determined that such a reduction is
warranted.
6.2.1 The following formula shall be used
to calculate the effective daily recovery capacity:
R = T × 24 hours × E
where:
R -- Effective daily recovery capacity;
T -- Throughput rate in barrels per hour (nameplate capacity); and
E -- 20 percent efficiency factor (or lower factor as determined by the
Regional Administrator).
6.2.2 For those devices in which the pump
limits the throughput of liquid, throughput rate shall be calculated using the
pump capacity.
6.2.3 For belt or moptype devices, the
throughput rate shall be calculated using the speed of the belt or mop through
the device, assumed thickness of oil adhering to or collected by the device, and
surface area of the belt or mop. For purposes of this calculation, the assumed
thickness of oil will be 1/4 inch.
6.2.4 Facility owners or operators that
include oil recovery devices whose throughput is not measurable using a pump
capacity or belt/mop speed may provide information to support an alternative
method of calculation. This information must be submitted following the
procedures in section 6.3.2 of this appendix.
6.3 As an alternative to section 6.2 of
this appendix, a facility owner or operator may submit adequate evidence that a
different effective daily recovery capacity should be applied for a specific oil
recovery device. Adequate evidence is actual verified performance data in
discharge conditions or tests using American Society of Testing and Materials
(ASTM) Standard F 631-99, F 808-83 (1999), or an equivalent test approved by EPA
as deemed appropriate (see Appendix E to this part, section 13, for general
availability of documents).
6.3.1 The following formula must be used
to calculate the effective daily recovery capacity under this alternative:
R = D × U
where:
R -- Effective daily recovery capacity;
D -- Average Oil Recovery Rate in barrels per hour (Item 26 in F 808-83; Item
13.2.16 in F 631-99; or actual performance data); and
U -- Hours per day that equipment can operate under discharge conditions. Ten
hours per day must be used unless a facility owner or operator can demonstrate
that the recovery operation can be sustained for longer periods.
6.3.2 A facility owner or operator
submitting a response plan shall provide data that supports the effective daily
recovery capacities for the oil recovery devices listed. The following is an
example of these calculations:
(1) A weir skimmer identified in a response plan has a manufacturer's rated
throughput at the pump of 267 gallons per minute (gpm).
267 gpm=381 barrels per hour (bph)
R=381 bph×24 hr/day×0.2=1,829 barrels per day
(2) After testing using ASTM procedures, the skimmer's oil recovery rate is
determined to be 220 gpm. The facility owner or operator identifies sufficient
resources available to support operations for 12 hours per day.
220 gpm=314 bph
R=314 bph×12 hr/day=3,768 barrels per day
(3) The facility owner or operator will be able to use the higher capacity if
sufficient temporary oil storage capacity is available. Determination of
alternative efficiency factors under section 6.2 of this appendix or the
acceptability of an alternative effective daily recovery capacity under section
6.3 of this appendix will be made by the Regional Administrator as deemed
appropriate.
7.0 Calculating Planning Volumes
for a Worst Case Discharge -- Petroleum Oils and Non-Petroleum Oils Other Than
Animal Fats and Vegetable Oils
7.1 A facility owner or operator shall
plan for a response to the facility's worst case discharge. The planning for
on-water oil recovery must take into account a loss of some oil to the
environment due to evaporative and natural dissipation, potential increases in
volume due to emulsification, and the potential for deposition of oil on the
shoreline. The procedures for non-petroleum oils other than animal fats and
vegetable oils are discussed in section 7.7 of this appendix.
7.2 The following procedures must be used
by a facility owner or operator in determining the required on-water oil
recovery capacity:
7.2.1 The following must be determined:
the worst case discharge volume of oil in the facility; the appropriate group(s)
for the types of oil handled, stored, or transported at the facility [persistent
(Groups 2, 3, 4, 5) or non-persistent (Group 1)]; and the facility's specific
operating area. See sections 1.2.3 and 1.2.8 of this appendix for the
definitions of non-persistent and persistent oils, respectively. Facilities that
handle, store, or transport oil from different oil groups must calculate each
group separately, unless the oil group constitutes 10 percent or less by volume
of the facility's total oil storage capacity. This information is to be used
with Table 2 of this appendix to determine the percentages of the total volume
to be used for removal capacity planning. Table 2 of this appendix divides the
volume into three categories: oil lost to the environment; oil deposited on the
shoreline; and oil available for on-water recovery.
7.2.2 The on-water oil recovery volume
shall, as appropriate, be adjusted using the appropriate emulsification factor
found in Table 3 of this appendix. Facilities that handle, store, or transport
oil from different petroleum groups must compare the on-water recovery volume
for each oil group (unless the oil group constitutes 10 percent or less by
volume of the facility's total storage capacity) and use the calculation that
results in the largest on-water oil recovery volume to plan for the amount of
response resources for a worst case discharge.
7.2.3 The adjusted volume is multiplied by
the on-water oil recovery resource mobilization factor found in Table 4 of this
appendix from the appropriate operating area and response tier to determine the
total on-water oil recovery capacity in barrels per day that must be identified
or contracted to arrive on-scene within the applicable time for each response
tier. Three tiers are specified. For higher volume port areas, the contracted
tiers of resources must be located such that they are capable of arriving
on-scene within 6 hours for Tier 1, 30 hours for Tier 2, and 54 hours for Tier 3
of the discovery of an oil discharge. For all other rivers and canals, inland,
nearshore areas, and the Great Lakes, these tiers are 12, 36, and 60 hours.
7.2.4 The resulting on-water oil recovery
capacity in barrels per day for each tier is used to identify response resources
necessary to sustain operations in the applicable operating area. The equipment
shall be capable of sustaining operations for the time period specified in Table
2 of this appendix. The facility owner or operator shall identify and ensure the
availability, by contract or other approved means as described in §112.2, of
sufficient oil spill recovery devices to provide the effective daily oil
recovery capacity required. If the required capacity exceeds the applicable cap
specified in Table 5 of this appendix, then a facility owner or operator shall
ensure, by contract or other approved means as described in §112.2, only for the
quantity of resources required to meet the cap, but shall identify sources of
additional resources as indicated in section 5.4 of this appendix. The owner or
operator of a facility whose planning volume exceeded the cap in 1993 must make
arrangements to identify and ensure the availability, by contract or other
approved means as described in §112.2, for additional capacity to be under
contract by 1998 or 2003, as appropriate. For a facility that handles multiple
groups of oil, the required effective daily recovery capacity for each oil group
is calculated before applying the cap. The oil group calculation resulting in
the largest on-water recovery volume must be used to plan for the amount of
response resources for a worst case discharge, unless the oil group comprises 10
percent or less by volume of the facility's total oil storage capacity.
7.3 The procedures discussed in sections
7.3.1-7.3.3 of this appendix must be used to calculate the planning volume for
identifying shoreline cleanup capacity (for Group 1 through Group 4 oils).
7.3.1 The following must be determined:
the worst case discharge volume of oil for the facility; the appropriate
group(s) for the types of oil handled, stored, or transported at the facility
[persistent (Groups 2, 3, or 4) or non-persistent (Group 1)]; and the geographic
area(s) in which the facility operates (i.e. , operating areas). For a
facility handling, storing, or transporting oil from different groups, each
group must be calculated separately. Using this information, Table 2 of this
appendix must be used to determine the percentages of the total volume to be
used for shoreline cleanup resource planning.
7.3.2 The shoreline cleanup planning
volume must be adjusted to reflect an emulsification factor using the same
procedure as described in section 7.2.2 of this appendix.
7.3.3 The resulting volume shall be used
to identify an oil spill removal organization with the appropriate shoreline
cleanup capability.
7.4 A response plan must identify response
resources with fire fighting capability. The owner or operator of a facility
that handles, stores, or transports Group 1 through Group 4 oils that does not
have adequate fire fighting resources located at the facility or that cannot
rely on sufficient local fire fighting resources must identify adequate fire
fighting resources. The facility owner or operator shall ensure, by contract or
other approved means as described in §112.2, the availability of these
resources. The response plan must also identify an individual located at the
facility to work with the fire department for Group 1 through Group 4 oil fires.
This individual shall also verify that sufficient well-trained fire fighting
resources are available within a reasonable response time to a worst case
scenario. The individual may be the qualified individual identified in the
response plan or another appropriate individual located at the facility.
7.5 The following is an example of the
procedure described above in sections 7.2 and 7.3 of this appendix: A facility
with a 270,000 barrel (11.3 million gallons) capacity for #6 oil (specific
gravity 0.96) is located in a higher volume port area. The facility is on a
peninsula and has docks on both the ocean and bay sides. The facility has four
aboveground oil storage tanks with a combined total capacity of 80,000 barrels
(3.36 million gallons) and no secondary containment. The remaining facility
tanks are inside secondary containment structures. The largest aboveground oil
storage tank (90,000 barrels or 3.78 million gallons) has its own secondary
containment. Two 50,000 barrel (2.1 million gallon) tanks (that are not
connected by a manifold) are within a common secondary containment tank area,
which is capable of holding 100,000 barrels (4.2 million gallons) plus
sufficient freeboard.
7.5.1 The worst case discharge for the
facility is calculated by adding the capacity of all aboveground oil storage
tanks without secondary containment (80,000 barrels) plus the capacity of the
largest aboveground oil storage tank inside secondary containment. The resulting
worst case discharge volume is 170,000 barrels or 7.14 million gallons.
7.5.2 Because the requirements for Tiers
1, 2, and 3 for inland and nearshore exceed the caps identified in Table 5 of
this appendix, the facility owner will contract for a response to 10,000 barrels
per day (bpd) for Tier 1, 20,000 bpd for Tier 2, and 40,000 bpd for Tier 3.
Resources for the remaining 7,850 bpd for Tier 1, 9,750 bpd for Tier 2, and
7,600 bpd for Tier 3 shall be identified but need not be contracted for in
advance. The facility owner or operator shall, as appropriate, also identify or
contract for quantities of boom identified in their response plan for the
protection of fish and wildlife and sensitive environments within the area
potentially impacted by a worst case discharge from the facility. For further
description of fish and wildlife and sensitive environments, see Appendices I,
II, and III to DOC/NOAA's "Guidance for Facility and Vessel Response Plans: Fish
and Wildlife and Sensitive Environments," (see Appendix E to this part, section
13, for availability) and the applicable ACP. Attachment C-III to Appendix C
provides a method for calculating a planning distance to fish and wildlife and
sensitive environments and public drinking water intakes that may be impacted in
the event of a worst case discharge.
7.6 The procedures discussed in sections
7.6.1-7.6.3 of this appendix must be used to determine appropriate response
resources for facilities with Group 5 oils.
7.6.1 The owner or operator of a facility
that handles, stores, or transports Group 5 oils shall, as appropriate, identify
the response resources available by contract or other approved means, as
described in §112.2. The equipment identified in a response plan shall, as
appropriate, include:
(1) Sonar, sampling equipment, or other methods for locating the oil on the
bottom or suspended in the water column;
(2) Containment boom, sorbent boom, silt curtains, or other methods for
containing the oil that may remain floating on the surface or to reduce
spreading on the bottom;
(3) Dredges, pumps, or other equipment necessary to recover oil from the
bottom and shoreline;
(4) Equipment necessary to assess the impact of such discharges; and
(5) Other appropriate equipment necessary to respond to a discharge involving
the type of oil handled, stored,, or transported.
7.6.2 Response resources identified in a
response plan for a facility that handles, stores, or transports Group 5 oils
under section 7.6.1 of this appendix shall be capable of being deployed (on
site) within 24 hours of discovery of a discharge to the area where the facility
is operating.
7.6.3 A response plan must identify
response resources with fire fighting capability. The owner or operator of a
facility that handles, stores, or transports Group 5 oils that does not have
adequate fire fighting resources located at the facility or that cannot rely on
sufficient local fire fighting resources must identify adequate fire fighting
resources. The facility owner or operator shall ensure, by contract or other
approved means as described in §112.2, the availability of these resources. The
response plan shall also identify an individual located at the facility to work
with the fire department for Group 5 oil fires. This individual shall also
verify that sufficient well-trained fire fighting resources are available within
a reasonable response time to respond to a worst case discharge. The individual
may be the qualified individual identified in the response plan or another
appropriate individual located at the facility.
7.7 Non-petroleum oils other than
animal fats and vegetable oils. The procedures described in sections 7.7.1
through 7.7.5 of this appendix must be used to determine appropriate response
plan development and evaluation criteria for facilities that handle, store, or
transport non-petroleum oils other than animal fats and vegetable oils. Refer to
section 11 of this appendix for information on the limitations on the use of
chemical agents for inland and nearshore areas.
7.7.1 An owner or operator of a facility
that handles, stores, or transports non-petroleum oils other than animal fats
and vegetable oils must provide information in his or her plan that identifies:
(1) Procedures and strategies for responding to a worst case discharge to the
maximum extent practicable; and
(2) Sources of the equipment and supplies necessary to locate, recover, and
mitigate such a discharge.
7.7.2 An owner or operator of a facility
that handles, stores, or transports non-petroleum oils other than animal fats
and vegetable oils must ensure that any equipment identified in a response plan
is capable of operating in the conditions expected in the geographic area(s)
(i.e., operating environments) in which the facility operates using the
criteria in Table 1 of this appendix. When evaluating the operability of
equipment, the facility owner or operator must consider limitations that are
identified in the appropriate ACPs, including:
(1) Ice conditions;
(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
7.7.3 The owner or operator of a facility
that handles, stores, or transports non-petroleum oils other than animal fats
and vegetable oils must identify the response resources that are available by
contract or other approved means, as described in §112.2. The equipment
described in the response plan shall, as appropriate, include:
(1) Containment boom, sorbent boom, or other methods for containing oil
floating on the surface or to protect shorelines from impact;
(2) Oil recovery devices appropriate for the type of non-petroleum oil
carried; and
(3) Other appropriate equipment necessary to respond to a discharge involving
the type of oil carried.
7.7.4 Response resources identified in a
response plan according to section 7.7.3 of this appendix must be capable of
commencing an effective on-scene response within the applicable tier response
times in section 5.3 of this appendix.
7.7.5 A response plan must identify
response resources with fire fighting capability. The owner or operator of a
facility that handles, stores, or transports non-petroleum oils other than
animal fats and vegetable oils that does not have adequate fire fighting
resources located at the facility or that cannot rely on sufficient local fire
fighting resources must identify adequate fire fighting resources. The owner or
operator shall ensure, by contract or other approved means as described in
§112.2, the availability of these resources. The response plan must also
identify an individual located at the facility to work with the fire department
for fires of these oils. This individual shall also verify that sufficient
well-trained fire fighting resources are available within a reasonable response
time to a worst case scenario. The individual may be the qualified individual
identified in the response plan or another appropriate individual located at the
facility.
8.0 Determining Response Resources
Required for Small Discharges -- Animal Fats and Vegetable Oils
8.1 A facility owner or operator shall
identify sufficient response resources available, by contract or other approved
means as described in §112.2, to respond to a small discharge of animal fats or
vegetable oils. A small discharge is defined as any discharge volume less than
or equal to 2,100 gallons, but not to exceed the calculated worst case
discharge. The equipment must be designed to function in the operating
environment at the point of expected use.
8.2 Complexes that are regulated by EPA
and the USCG must also consider planning quantities for the marine
transportation-related portion of the facility.
8.2.1 The USCG planning level that
corresponds to EPA's "small discharge" is termed "the average most probable
discharge." A USCG rule found at 33 CFR 154.1020 defines "the average most
probable discharge" as the lesser of 50 barrels (2,100 gallons) or 1 percent of
the volume of the worst case discharge. Owners or operators of complexes that
handle, store, or transport animal fats and vegetable oils must compare oil
discharge volumes for a small discharge and an average most probable discharge,
and plan for whichever quantity is greater.
8.3 The response resources shall, as
appropriate, include:
8.3.1 One thousand feet of containment
boom (or, for complexes with marine transfer components, 1,000 feet of
containment boom or two times the length of the largest vessel that regularly
conducts oil transfers to or from the facility, whichever is greater), and a
means of deploying it within 1 hour of the discovery of a discharge;
8.3.2 Oil recovery devices with an
effective daily recovery capacity equal to the amount of oil discharged in a
small discharge or greater which is available at the facility within 2 hours of
the detection of a discharge; and
8.3.3 Oil storage capacity for recovered
oily material indicated in section 12.2 of this appendix.
9.0 Determining Response Resources
Required for Medium Discharges -- Animal Fats and Vegetable Oils
9.1 A facility owner or operator shall
identify sufficient response resources available, by contract or other approved
means as described in §112.2, to respond to a medium discharge of animal fats or
vegetable oils for that facility. This will require response resources capable
of containing and collecting up to 36,000 gallons of oil or 10 percent of the
worst case discharge, whichever is less. All equipment identified must be
designed to operate in the applicable operating environment specified in Table 1
of this appendix.
9.2 Complexes that are regulated by EPA
and the USCG must also consider planning quantities for the
transportation-related transfer portion of the facility. Owners or operators of
complexes that handle, store, or transport animal fats or vegetable oils must
plan for oil discharge volumes for a medium discharge. For non-petroleum oils,
there is no USCG planning level that directly corresponds to EPA's "medium
discharge." Although the USCG does not have planning requirements for medium
discharges, they do have requirements (at 33 CFR 154.545) to identify equipment
to contain oil resulting from an operational discharge.
9.3 Oil recovery devices identified to
meet the applicable medium discharge volume planning criteria must be located
such that they are capable of arriving on-scene within 6 hours in higher volume
port areas and the Great Lakes and within 12 hours in all other areas. Higher
volume port areas and Great Lakes areas are defined in section 1.1 of Appendix C
to this part.
9.4 Because rapid control, containment,
and removal of oil are critical to reduce discharge impact, the owner or
operator must determine response resources using an effective daily recovery
capacity for oil recovery devices equal to 50 percent of the planning volume
applicable for the facility as determined in section 9.1 of this appendix. The
effective daily recovery capacity for oil recovery devices identified in the
plan must be determined using the criteria in section 6 of this appendix.
9.5 In addition to oil recovery capacity,
the plan shall, as appropriate, identify sufficient quantity of containment boom
available, by contract or other approved means as described in §112.2, to arrive
within the required response times for oil collection and containment and for
protection of fish and wildlife and sensitive environments. For further
description of fish and wildlife and sensitive environments, see Appendices I,
II, and III to DOC/NOAA's "Guidance for Facility and Vessel Response Plans: Fish
and Wildlife and Sensitive Environments" (59 FR 14713-22, March 29, 1994) and
the applicable ACP. Although 40 CFR part 112 does not set required quantities of
boom for oil collection and containment, the response plan shall identify and
ensure, by contract or other approved means as described in §112.2, the
availability of the quantity of boom identified in the plan for this purpose.
9.6 The plan must indicate the
availability of temporary storage capacity to meet section 12.2 of this
appendix. If available storage capacity is insufficient to meet this level, then
the effective daily recovery capacity must be derated (downgraded) to the limits
of the available storage capacity.
9.7 The following is an example of a
medium discharge volume planning calculation for equipment identification in a
higher volume port area:
The facility's largest aboveground storage tank volume is 840,000 gallons.
Ten percent of this capacity is 84,000 gallons. Because 10 percent of the
facility's largest tank, or 84,000 gallons, is greater than 36,000 gallons,
36,000 gallons is used as the planning volume. The effective daily recovery
capacity is 50 percent of the planning volume, or 18,000 gallons per day. The
ability of oil recovery devices to meet this capacity must be calculated using
the procedures in section 6 of this appendix. Temporary storage capacity
available on-scene must equal twice the daily recovery capacity as indicated in
section 12.2 of this appendix, or 36,000 gallons per day. This is the
information the facility owner or operator must use to identify and ensure the
availability of the required response resources, by contract or other approved
means as described in §112.2. The facility owner shall also identify how much
boom is available for use.
10.0 Calculating Planning Volumes
for a Worst Case Discharge -- Animal Fats and Vegetable Oils.
10.1 A facility owner or operator shall
plan for a response to the facility's worst case discharge. The planning for
on-water oil recovery must take into account a loss of some oil to the
environment due to physical, chemical, and biological processes, potential
increases in volume due to emulsification, and the potential for deposition of
oil on the shoreline or on sediments. The response planning procedures for
animal fats and vegetable oils are discussed in section 10.7 of this appendix.
You may use alternate response planning procedures for animal fats and vegetable
oils if those procedures result in environmental protection equivalent to that
provided by the procedures in section 10.7 of this appendix.
10.2 The following procedures must be used
by a facility owner or operator in determining the required on-water oil
recovery capacity:
10.2.1 The following must be determined:
the worst case discharge volume of oil in the facility; the appropriate group(s)
for the types of oil handled, stored, or transported at the facility (Groups A,
B, C); and the facility's specific operating area. See sections 1.2.1 and 1.2.9
of this appendix for the definitions of animal fats and vegetable oils and
groups thereof. Facilities that handle, store, or transport oil from different
oil groups must calculate each group separately, unless the oil group
constitutes 10 percent or less by volume of the facility's total oil storage
capacity. This information is to be used with Table 6 of this appendix to
determine the percentages of the total volume to be used for removal capacity
planning. Table 6 of this appendix divides the volume into three categories: oil
lost to the environment; oil deposited on the shoreline; and oil available for
on-water recovery.
10.2.2 The on-water oil recovery volume
shall, as appropriate, be adjusted using the appropriate emulsification factor
found in Table 7 of this appendix. Facilities that handle, store, or transport
oil from different groups must compare the on-water recovery volume for each oil
group (unless the oil group constitutes 10 percent or less by volume of the
facility's total storage capacity) and use the calculation that results in the
largest on-water oil recovery volume to plan for the amount of response
resources for a worst case discharge.
10.2.3 The adjusted volume is multiplied
by the on-water oil recovery resource mobilization factor found in Table 4 of
this appendix from the appropriate operating area and response tier to determine
the total on-water oil recovery capacity in barrels per day that must be
identified or contracted to arrive on-scene within the applicable time for each
response tier. Three tiers are specified. For higher volume port areas, the
contracted tiers of resources must be located such that they are capable of
arriving on-scene within 6 hours for Tier 1, 30 hours for Tier 2, and 54 hours
for Tier 3 of the discovery of a discharge. For all other rivers and canals,
inland, nearshore areas, and the Great Lakes, these tiers are 12, 36, and 60
hours.
10.2.4 The resulting on-water oil recovery
capacity in barrels per day for each tier is used to identify response resources
necessary to sustain operations in the applicable operating area. The equipment
shall be capable of sustaining operations for the time period specified in Table
6 of this appendix. The facility owner or operator shall identify and ensure, by
contract or other approved means as described in §112.2, the availability of
sufficient oil spill recovery devices to provide the effective daily oil
recovery capacity required. If the required capacity exceeds the applicable cap
specified in Table 5 of this appendix, then a facility owner or operator shall
ensure, by contract or other approved means as described in §112.2, only for the
quantity of resources required to meet the cap, but shall identify sources of
additional resources as indicated in section 5.4 of this appendix. The owner or
operator of a facility whose planning volume exceeded the cap in 1998 must make
arrangements to identify and ensure, by contract or other approved means as
described in §112.2, the availability of additional capacity to be under
contract by 2003, as appropriate. For a facility that handles multiple groups of
oil, the required effective daily recovery capacity for each oil group is
calculated before applying the cap. The oil group calculation resulting in the
largest on-water recovery volume must be used to plan for the amount of response
resources for a worst case discharge, unless the oil group comprises 10 percent
or less by volume of the facility's oil storage capacity.
10.3 The procedures discussed in sections
10.3.1 through 10.3.3 of this appendix must be used to calculate the planning
volume for identifying shoreline cleanup capacity (for Groups A and B oils).
10.3.1 The following must be determined:
the worst case discharge volume of oil for the facility; the appropriate
group(s) for the types of oil handled, stored, or transported at the facility
(Groups A or B); and the geographic area(s) in which the facility operates
(i.e., operating areas). For a facility handling, storing, or transporting oil
from different groups, each group must be calculated separately. Using this
information, Table 6 of this appendix must be used to determine the percentages
of the total volume to be used for shoreline cleanup resource planning.
10.3.2 The shoreline cleanup planning
volume must be adjusted to reflect an emulsification factor using the same
procedure as described in section 10.2.2 of this appendix.
10.3.3 The resulting volume shall be used
to identify an oil spill removal organization with the appropriate shoreline
cleanup capability.
10.4 A response plan must identify
response resources with fire fighting capability appropriate for the risk of
fire and explosion at the facility from the discharge or threat of discharge of
oil. The owner or operator of a facility that handles, stores, or transports
Group A or B oils that does not have adequate fire fighting resources located at
the facility or that cannot rely on sufficient local fire fighting resources
must identify adequate fire fighting resources. The facility owner or operator
shall ensure, by contract or other approved means as described in §112.2, the
availability of these resources. The response plan must also identify an
individual to work with the fire department for Group A or B oil fires. This
individual shall also verify that sufficient well-trained fire fighting
resources are available within a reasonable response time to a worst case
scenario. The individual may be the qualified individual identified in the
response plan or another appropriate individual located at the facility.
10.5 The following is an example of the
procedure described in sections 10.2 and 10.3 of this appendix. A facility with
a 37.04 million gallon (881,904 barrel) capacity of several types of vegetable
oils is located in the Inland Operating Area. The vegetable oil with the highest
specific gravity stored at the facility is soybean oil (specific gravity 0.922,
Group B vegetable oil). The facility has ten aboveground oil storage tanks with
a combined total capacity of 18 million gallons (428,571 barrels) and without
secondary containment. The remaining facility tanks are inside secondary
containment structures. The largest aboveground oil storage tank (3 million
gallons or 71,428 barrels) has its own secondary containment. Two 2.1 million
gallon (50,000 barrel) tanks (that are not connected by a manifold) are within a
common secondary containment tank area, which is capable of holding 4.2 million
gallons (100,000 barrels) plus sufficient freeboard.
10.5.1 The worst case discharge for the
facility is calculated by adding the capacity of all aboveground vegetable oil
storage tanks without secondary containment (18.0 million gallons) plus the
capacity of the largest aboveground storage tank inside secondary containment
(3.0 million gallons). The resulting worst case discharge is 21 million gallons
or 500,000 barrels.
10.5.2 With a specific worst case
discharge identified, the planning volume for on-water recovery can be
identified as follows:
Worst case discharge: 21 million gallons (500,000 barrels) of Group B
vegetable oil
Operating Area: Inland
Planned percent recovered floating vegetable oil (from Table 6, column
Nearshore/Inland/Great Lakes): Inland, Group B is 20%
Emulsion factor (from Table 7): 2.0
Planning volumes for on-water recovery: 21,000,000 gallons × 0.2 × 2.0 =
8,400,000 gallons or 200,000 barrels.
Determine required resources for on-water recovery for each of the three
tiers using mobilization factors (from Table 4, column Inland/Nearshore/Great
Lakes)
------------------------------------------------------------------------
Inland Operating Area Tier 1 Tier 2 Tier 3
------------------------------------------------------------------------
Mobilization factor by which you multiply .15 .25 .40
planning volume..........................
Estimated Daily Recovery Capacity (bbls).. 30,000 50,000 80,000
------------------------------------------------------------------------
10.5.3 Because the requirements for
On-Water Recovery Resources for Tiers 1, 2, and 3 for Inland Operating Area
exceed the caps identified in Table 5 of this appendix, the facility owner will
contract for a response of 12,500 barrels per day (bpd) for Tier 1, 25,000 bpd
for Tier 2, and 50,000 bpd for Tier 3. Resources for the remaining 17,500 bpd
for Tier 1, 25,000 bpd for Tier 2, and 30,000 bpd for Tier 3 shall be identified
but need not be contracted for in advance.
10.5.4 With the specific worst case
discharge identified, the planning volume of onshore recovery can be identified
as follows:
Worst case discharge: 21 million gallons (500,000 barrels) of Group B
vegetable oil
Operating Area: Inland
Planned percent recovered floating vegetable oil from onshore (from Table 6,
column Nearshore/Inland/Great Lakes): Inland, Group B is 65%
Emulsion factor (from Table 7): 2.0
Planning volumes for shoreline recovery:
21,000,000 gallons × 0.65 × 2.0 = 27,300,000 gallons or 650,000 barrels
10.5.5 The facility owner or operator
shall, as appropriate, also identify or contract for quantities of boom
identified in the response plan for the protection of fish and wildlife and
sensitive environments within the area potentially impacted by a worst case
discharge from the facility. For further description of fish and wildlife and
sensitive environments, see Appendices I, II, and III to DOC/NOAA's "Guidance
for Facility and Vessel Response Plans: Fish and Wildlife and Sensitive
Environments," (see Appendix E to this part, section 13, for availability) and
the applicable ACP. Attachment C-III to Appendix C provides a method for
calculating a planning distance to fish and wildlife and sensitive environments
and public drinking water intakes that may be adversely affected in the event of
a worst case discharge.
10.6 The procedures discussed in sections
10.6.1 through 10.6.3 of this appendix must be used to determine appropriate
response resources for facilities with Group C oils.
10.6.1 The owner or operator of a facility
that handles, stores, or transports Group C oils shall, as appropriate, identify
the response resources available by contract or other approved means, as
described in §112.2. The equipment identified in a response plan shall, as
appropriate, include:
(1) Sonar, sampling equipment, or other methods for locating the oil on the
bottom or suspended in the water column;
(2) Containment boom, sorbent boom, silt curtains, or other methods for
containing the oil that may remain floating on the surface or to reduce
spreading on the bottom;
(3) Dredges, pumps, or other equipment necessary to recover oil from the
bottom and shoreline;
(4) Equipment necessary to assess the impact of such discharges; and
(5) Other appropriate equipment necessary to respond to a discharge involving
the type of oil handled, stored, or transported.
10.6.2 Response resources identified in a
response plan for a facility that handles, stores, or transports Group C oils
under section 10.6.1 of this appendix shall be capable of being deployed on
scene within 24 hours of discovery of a discharge.
10.6.3 A response plan must identify
response resources with fire fighting capability. The owner or operator of a
facility that handles, stores, or transports Group C oils that does not have
adequate fire fighting resources located at the facility or that cannot rely on
sufficient local fire fighting resources must identify adequate fire fighting
resources. The owner or operator shall ensure, by contract or other approved
means as described in §112.2, the availability of these resources. The response
plan shall also identify an individual located at the facility to work with the
fire department for Group C oil fires. This individual shall also verify that
sufficient well-trained fire fighting resources are available within a
reasonable response time to respond to a worst case discharge. The individual
may be the qualified individual identified in the response plan or another
appropriate individual located at the facility.
10.7 The procedures described in sections
10.7.1 through 10.7.5 of this appendix must be used to determine appropriate
response plan development and evaluation criteria for facilities that handle,
store, or transport animal fats and vegetable oils. Refer to section 11 of this
appendix for information on the limitations on the use of chemical agents for
inland and nearshore areas.
10.7.1 An owner or operator of a facility
that handles, stores, or transports animal fats and vegetable oils must provide
information in the response plan that identifies:
(1) Procedures and strategies for
responding to a worst case discharge of animal fats and vegetable oils to the
maximum extent practicable; and
(2) Sources of the equipment and supplies
necessary to locate, recover, and mitigate such a discharge.
10.7.2 An owner or operator of a facility
that handles, stores, or transports animal fats and vegetable oils must ensure
that any equipment identified in a response plan is capable of operating in the
geographic area(s) (i.e., operating environments) in which the facility
operates using the criteria in Table 1 of this appendix. When evaluating the
operability of equipment, the facility owner or operator must consider
limitations that are identified in the appropriate ACPs, including:
(1) Ice conditions;
(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
10.7.3. The owner or operator of a
facility that handles, stores, or transports animal fats and vegetable oils must
identify the response resources that are available by contract or other approved
means, as described in §112.2. The equipment described in the response plan
shall, as appropriate, include:
(1) Containment boom, sorbent boom, or other methods for containing oil
floating on the surface or to protect shorelines from impact;
(2) Oil recovery devices appropriate for the type of animal fat or vegetable
oil carried; and
(3) Other appropriate equipment necessary to respond to a discharge involving
the type of oil carried.
10.7.4 Response resources identified in a
response plan according to section 10.7.3 of this appendix must be capable of
commencing an effective on-scene response within the applicable tier response
times in section 5.3 of this appendix.
10.7.5 A response plan must identify
response resources with fire fighting capability. The owner or operator of a
facility that handles, stores, or transports animal fats and vegetable oils that
does not have adequate fire fighting resources located at the facility or that
cannot rely on sufficient local fire fighting resources must identify adequate
fire fighting resources. The owner or operator shall ensure, by contract or
other approved means as described in §112.2, the availability of these
resources. The response plan shall also identify an individual located at the
facility to work with the fire department for animal fat and vegetable oil
fires. This individual shall also verify that sufficient well-trained fire
fighting resources are available within a reasonable response time to respond to
a worst case discharge. The individual may be the qualified individual
identified in the response plan or another appropriate individual located at the
facility.
11.0 Determining the Availability
of Alternative Response Methods
11.1 For chemical agents to be identified
in a response plan, they must be on the NCP Product Schedule that is maintained
by EPA. (Some States have a list of approved dispersants for use within State
waters. Not all of these State-approved dispersants are listed on the NCP
Product Schedule.)
11.2 Identification of chemical agents in
the plan does not imply that their use will be authorized. Actual authorization
will be governed by the provisions of the NCP and the applicable ACP.
12.0 Additional Equipment
Necessary to Sustain Response Operations
12.1 A facility owner or operator shall
identify sufficient response resources available, by contract or other approved
means as described in §112.2, to respond to a medium discharge of animal fats or
vegetables oils for that facility. This will require response resources capable
of containing and collecting up to 36,000 gallons of oil or 10 percent of the
worst case discharge, whichever is less. All equipment identified must be
designed to operate in the applicable operating environment specified in Table 1
of this appendix.
12.2 A facility owner or operator shall
evaluate the availability of adequate temporary storage capacity to sustain the
effective daily recovery capacities from equipment identified in the plan.
Because of the inefficiencies of oil spill recovery devices, response plans must
identify daily storage capacity equivalent to twice the effective daily recovery
capacity required on-scene. This temporary storage capacity may be reduced if a
facility owner or operator can demonstrate by waste stream analysis that the
efficiencies of the oil recovery devices, ability to decant waste, or the
availability of alternative temporary storage or disposal locations will reduce
the overall volume of oily material storage.
12.3 A facility owner or operator shall
ensure that response planning includes the capability to arrange for disposal of
recovered oil products. Specific disposal procedures will be addressed in the
applicable ACP.
13.0 References and
Availability
13.1 All materials listed in this section
are part of EPA's rulemaking docket and are located in the Superfund Docket,
1235 Jefferson Davis Highway, Crystal Gateway 1, Arlington, Virginia 22202,
Suite 105 (Docket Numbers SPCC-2P, SPCC-3P, and SPCC-9P). The docket is
available for inspection between 9 a.m. and 4 p.m., Monday through Friday,
excluding Federal holidays.
Appointments to review the docket can be made by calling 703-603-9232. Docket
hours are subject to change. As provided in 40 CFR part 2, a reasonable fee may
be charged for copying services.
13.2 The docket will mail copies of
materials to requestors who are outside the Washington, DC metropolitan area.
Materials may be available from other sources, as noted in this section. As
provided in 40 CFR part 2, a reasonable fee may be charged for copying services.
The RCRA/Superfund Hotline at 800-424-9346 may also provide additional
information on where to obtain documents. To contact the RCRA/Superfund Hotline
in the Washington, DC metropolitan area, dial 703-412-9810. The
Telecommunications Device for the Deaf (TDD) Hotline number is 800-553- 7672,
or, in the Washington, DC metropolitan area, 703-412-3323.
13.3 Documents
(1) National Preparedness for Response Exercise Program (PREP). The PREP
draft guidelines are available from United States Coast Guard Headquarters
(G-MEP-4), 2100 Second Street, SW., Washington, DC 20593. (See 58 FR 53990-91,
October 19, 1993, Notice of Availability of PREP Guidelines).
(2) "Guidance for Facility and Vessel Response Plans: Fish and Wildlife and
Sensitive Environments (published in the Federal Register by DOC/NOAA at 59 FR
14713-22, March 29, 1994.). The guidance is available in the Superfund Docket
(see sections 13.1 and 13.2 of this appendix).
(3) ASTM Standards. ASTM F 715, ASTM F 989, ASTM F 631-99, ASTM F 808-83
(1999). The ASTM standards are available from the American Society for Testing
and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
(4) Response Plans for Marine Transportation-Related Facilities, Interim
Final Rule. Published by USCG, DOT at 58 FR 7330-76, February 5, 1993.
Table 1 to Appendix E_Response Resource Operating Criteria
------------------------------------------------------------------------
Oil Recovery Devices
-------------------------------------------------------------------------
Significant wave height
Operating environment \1\ Sea state
------------------------------------------------------------------------
Rivers and Canals................ [le] 1 foot............. 1
Inland........................... [le] 3 feet............. 2
Great Lakes...................... [le] 4 feet............. 2-3
Ocean............................ [le] 6 feet............. 3-4
------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Boom
-----------------------------------------------------------------------------------------------------------------
Use
Boom property -----------------------------------------------------------------------------
Rivers and canals Inland Great Lakes Ocean
----------------------------------------------------------------------------------------------------------------
Significant Wave Height \1\....... [le] 1............ [le] 3............ [le] 4........... [le] 6
Sea State......................... 1................. 2................. 2-3.............. 3-4
Boom height_inches (draft plus 6-18.............. 18-42............. 18-42............ " 42
freeboard).
Reserve Buoyancy to Weight Ratio.. 2:1............... 2:1............... 2:1.............. 3:1 to 4:1
Total Tensile Strength_pounds..... 4,500............. 15,000-20,000..... 15,000-20,000.... " 20,000
Skirt Fabric Tensile 200............... 300............... 300.............. 500
Strength_pounds.
Skirt Fabric Tear Strength_pounds. 100............... 100............... 100.............. 125
----------------------------------------------------------------------------------------------------------------
\1\ Oil recovery devices and boom shall be at least capable of operating in wave heights up to and including the
values listed in Table 1 for each operating environment.
Table 2 to Appendix E._Removal Capacity Planning Table for Petroleum Oils
----------------------------------------------------------------------------------------------------------------
Spill location Rivers and canals Nearshore/Inland/Great Lakes
----------------------------------------------------------------------------------------------------------------
Sustainability of on-water oil 3 days 4 days
recovery -----------------------------------------------------------------------------
----------------------------------- Percent Percent
Percent recovered Percent oil Percent recovered Percent oil
Oil group \1\ natural floating onshore natural floating onshore
dissipation oil dissipation oil
----------------------------------------------------------------------------------------------------------------
1_Non-persistent oils............. 80 10 10 80 20 10
2_Light crudes.................... 40 15 45 50 50 30
3_Medium crudes and fuels......... 20 15 65 30 50 50
4_Heavy crudes and fuels.......... 5 20 75 10 50 70
----------------------------------------------------------------------------------------------------------------
\1\ The response resource considerations for non-petroleum oils other than animal fats and vegetable oils are
outlined in section 7.7 of this appendix.
Note: Group 5 oils are defined in section 1.2.8 of this appendix; the response resource considerations are
outlined in section 7.6 of this appendix.
Table 3 to Appendix E_Emulsification Factors for Petroleum Oil Groups
\1\
------------------------------------------------------------------------
Non-Persistent Oil:
Group 1...................................................... 1.0
Persistent Oil:
Group 2...................................................... 1.8
Group 3...................................................... 2.0
Group 4...................................................... 1.4
Group 5 oils are defined in section 1.2.7 of this appendix; the
response resource considerations are outlined in section 7.6
of this appendix.
------------------------------------------------------------------------
\1\ See sections 1.2.2 and 1.2.7 of this appendix for group designations
for non-persistent and persistent oils, respectively.
Table 4 to Appendix E_On-Water Oil Recovery Resource Mobilization Factors
----------------------------------------------------------------------------------------------------------------
Operating area Tier 1 Tier 2 Tier 3
----------------------------------------------------------------------------------------------------------------
Rivers and Canals............................................... 0.30 0.40 0.60
Inland/Nearshore Great Lakes.................................... 0.15 0.25 0.40
----------------------------------------------------------------------------------------------------------------
Note: These mobilization factors are for total resources mobilized, not incremental response resources.
Table 5 to Appendix E_Response Capability Caps by Operating Area
----------------------------------------------------------------------------------------------------------------
Tier 1 Tier 2 Tier 3
----------------------------------------------------------------------------------------------------------------
February 18, 1993:
All except Rivers & Canals, Great Lakes................. 10K bbls/day 20K bbls/day 40K bbls/day.
Great Lakes................................................. 5K bbls/day 10K bbls/day 20K bbls/day.
Rivers & Canals......................................... 1.5K bbls/day 3.0K bbls/day 6.0K bbls/day.
February 18, 1998:
All except Rivers & Canals, Great Lakes................. 12.5K bbls/day 25K bbls/day 50K bbls/day.
Great Lakes................................................. 6.35K bbls/day 12.3K bbls/day 25K bbls/day.
Rivers & Canals......................................... 1.875K bbls/ 3.75K bbls/day 7.5K bbls/day.
day
February 18, 2003:
All except Rivers & Canals, Great Lakes................. TBD TBD TBD.
Great Lakes................................................. TBD TBD TBD.
Rivers & Canals......................................... TBD TBD TBD.
----------------------------------------------------------------------------------------------------------------
Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.
TBD=To Be Determined.
Table 6 to Appendix E._Removal Capacity Planning Table for Animal Fats and Vegetable Oils
----------------------------------------------------------------------------------------------------------------
Spill location Rivers and canals Nearshore/Inland/Great Lakes
----------------------------------------------------------------------------------------------------------------
Sustainability of on-water oil 3 days 4 days
recovery -----------------------------------------------------------------------------
----------------------------------- Percent Percent Percent Percent
Percent recovered recovered Percent recovered recovered
Oil group \1\ natural floating oil from natural floating oil from
loss oil onshore loss oil onshore
----------------------------------------------------------------------------------------------------------------
Group A........................... 40 15 45 50 20 30
Group B........................... 20 15 65 30 20 50
----------------------------------------------------------------------------------------------------------------
\1\ Substances with a specific gravity greater than 1.0 generally sink below the surface of the water. Response
resource considerations are outlined in section 10.6 of this appendix. The owner or operator of the facility
is responsible for determining appropriate response resources for Group C oils including locating oil on the
bottom or suspended in the water column; containment boom or other appropriate methods for containing oil that
may remain floating on the surface; and dredges, pumps, or other equipment to recover animal fats or vegetable
oils from the bottom and shoreline.
Note: Group C oils are defined in sections 1.2.1 and 1.2.9 of this appendix; the response resource procedures
are discussed in section 10.6 of this appendix.
Table 7 to Appendix E._Emulsification Factors for Animal Fats and
Vegetable Oils
------------------------------------------------------------------------
------------------------------------------------------------------------
Oil Group [SU]1[/SU]:
Group A...................................................... 1.0
Group B...................................................... 2.0
------------------------------------------------------------------------
\1\ Substances with a specific gravity greater than 1.0 generally sink
below the surface of the water. Response resource considerations are
outlined in section 10.6 of this appendix. The owner or operator of
the facility is responsible for determining appropriate response
resources for Group C oils including locating oil on the bottom or
suspended in the water column; containment boom or other appropriate
methods for containing oil that may remain floating on the surface;
and dredges, pumps, or other equipment to recover animal fats or
vegetable oils from the bottom and shoreline.
Note: Group C oils are defined in sections 1.2.1 and 1.2.9 of this
appendix; the response resource procedures are discussed in section
10.6 of this appendix.
ATTACHMENTS TO APPENDIX E
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[59 FR 34111, July 1, 1994; 59 FR 49006, Sept. 26, 1994, as amended at
65 FR 40806, 40807, June 30, 2000; 65 FR 47325, Aug. 2, 2000; 66 FR 47325, Aug.
2, 2000; 66 FR 35460, 35461, June 29, 2001]
Appendix F to Part 112 -- Facility-Specific Response
Plan
Table of Contents
1.0 Model Facility-Specific Response Plan
1.1 Emergency Response Action Plan
1.2 Facility Information
1.3 Emergency Response
Information 1.3.1 Notification 1.3.2 Response
Equipment
List 1.3.3 Response
Equipment
Testing/Deployment 1.3.4 Personnel 1.3.5 Evacuation
Plans 1.3.6 Qualified
Individual's Duties
1.4 Hazard
Evaluation 1.4.1 Hazard
Identification 1.4.2 Vulnerability
Analysis 1.4.3 Analysis
of the Potential for an Oil
Spill 1.4.4 Facility
Reportable Oil Spill History
1.5 Discharge
Scenarios 1.5.1 Small
and Medium
Discharges 1.5.2 Worst
Case Discharge
1.6 Discharge Detection
Systems 1.6.1 Discharge
Detection By
Personnel 1.6.2 Automated
Discharge Detection
1.7 Plan
Implementation 1.7.1 Response
Resources for Small, Medium, and Worst Case
Spills 1.7.2 Disposal
Plans 1.7.3 Containment
and Drainage Planning
1.8 Self-Inspection, Drills/Exercises, and
Response
Training 1.8.1 Facility
Self-Inspection 1.8.1.1 Tank
Inspection 1.8.1.2 Response
Equipment
Inspection 1.8.1.3 Secondary
Containment
Inspection 1.8.2 Facility
Drills/Exercises 1.8.2.1 Qualified
Individual Notification Drill
Logs 1.8.2.2 Spill
Management Team Tabletop Exercise
Logs 1.8.3 Response
Training 1.8.3.1 Personnel
Response Training
Logs 1.8.3.2 Discharge
Prevention Meeting Logs
1.9 Diagrams
1.10 Security
2.0 Response Plan Cover Sheet
3.0 Acronyms
4.0 References
1.0 Model Facility-Specific Response Plan
(A) Owners or operators of facilities regulated under this part which pose a
threat of substantial harm to the environment by discharging oil into or on
navigable waters or adjoining shorelines are required to prepare and submit
facility-specific response plans to EPA in accordance with the provisions in
this appendix. This appendix further describes the required elements in
§112.20(h).
(B) Response plans must be sent to the appropriate EPA Regional office.
Figure F-1 of this Appendix lists each EPA Regional office and the address where
owners or operators must submit their response plans. Those facilities deemed by
the Regional Administrator (RA) to pose a threat of significant and substantial
harm to the environment will have their plans reviewed and approved by EPA. In
certain cases, information required in the model response plan is similar to
information currently maintained in the facility's Spill Prevention, Control,
and Countermeasures (SPCC) Plan as 40 CFR 112.3. In these cases, owners or
operators may reproduce the information and include a photocopy in the response
plan.
(C) A complex may develop a single response plan with a set of core elements
for all regulating agencies and separate sections for the
non-transportation-related and transportation-related components, as described
in §112.20(h). Owners or operators of large facilities that handle, store, or
transport oil at more than one geographically distinct location (e.g., oil
storage areas at opposite ends of a single, continuous parcel of property)
shall, as appropriate, develop separate sections of the response plan for each
storage area.
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1.1 Emergency Response Action
Plan
Several sections of the response plan shall be co-located for easy access by
response personnel during an actual emergency or oil discharge. This collection
of sections shall be called the Emergency Response Action Plan. The Agency
intends that the Action Plan contain only as much information as is necessary to
combat the discharge and be arranged so response actions are not delayed. The
Action Plan may be arranged in a number of ways. For example, the sections of
the Emergency Response Action Plan may be photocopies or condensed versions of
the forms included in the associated sections of the response plan. Each
Emergency Response Action Plan section may be tabbed for quick reference. The
Action Plan shall be maintained in the front of the same binder that contains
the complete response plan or it shall be contained in a separate binder. In the
latter case, both binders shall be kept together so that the entire plan can be
accessed by the qualified individual and appropriate spill response personnel.
The Emergency Response Action Plan shall be made up of the following sections:
1. Qualified Individual Information (Section 1.2) partial
2. Emergency Notification Phone List (Section 1.3.1) partial
3. Spill Response Notification Form (Section 1.3.1) partial
4. Response Equipment List and Location (Section 1.3.2) complete
5. Response Equipment Testing and Deployment (Section 1.3.3) complete
6. Facility Response Team (Section 1.3.4) partial
7. Evacuation Plan (Section 1.3.5) condensed
8. Immediate Actions (Section 1.7.1) complete
9. Facility Diagram (Section 1.9) complete
1.2 Facility
Information
The facility information form is designed to provide an overview of the site
and a description of past activities at the facility. Much of the information
required by this section may be obtained from the facility's existing SPCC Plan.
1.2.1 Facility name and location:
Enter facility name and street address. Enter the address of corporate
headquarters only if corporate headquarters are physically located at the
facility. Include city, county, state, zip code, and phone number.
1.2.2 Latitude and Longitude: Enter
the latitude and longitude of the facility. Include degrees, minutes, and
seconds of the main entrance of the facility.
1.2.3 Wellhead Protection Area:
Indicate if the facility is located in or drains into a wellhead protection area
as defined by the Safe Drinking Water Act of 1986 (SDWA). 1
The response plan requirements in the Wellhead Protection Program are
outlined by the State or Territory in which the facility resides.
1 A wellhead protection area is defined as the surface and
subsurface area surrounding a water well or wellfield, supplying a public water
system, through which contaminants are reasonably likely to move toward and
reach such water well or wellfield. For further information regarding State and
territory protection programs, facility owners or operators may contact the SDWA
Hotline at 1-800-426-4791.
1.2.4 Owner/operator: Write the
name of the company or person operating the facility and the name of the person
or company that owns the facility, if the two are different. List the address of
the owner, if the two are different.
1.2.5 Qualified Individual: Write
the name of the qualified individual for the entire facility. If more than one
person is listed, each individual indicated in this section shall have full
authority to implement the facility response plan. For each individual, list:
name, position, home and work addresses (street addresses, not P.O. boxes),
emergency phone number, and specific response training experience.
1.2.6 Date of Oil Storage Start-up:
Enter the year which the present facility first started storing oil.
1.2.7 Current Operation: Briefly
describe the facility's operations and include the North American Industrial
Classification System (NAICS) code.
1.2.8 Dates and Type of Substantial
Expansion: Include information on expansions that have occurred at the
facility. Examples of such expansions include, but are not limited to:
Throughput expansion, addition of a product line, change of a product line, and
installation of additional oil storage capacity. The data provided shall include
all facility historical information and detail the expansion of the facility. An
example of substantial expansion is any material alteration of the facility
which causes the owner or operator of the facility to re-evaluate and increase
the response equipment necessary to adequately respond to a worst case discharge
from the facility.
Date of Last Update: ___
FACILITY INFORMATION FORM Facility Name:_____
Location (Street Address):
_____ City: ___ State: ___ Zip:
___ County: ___ Phone Number:
( )
___ Latitude: ___ Degrees ___ Minutes ___
Seconds Longitude: ___ Degrees ___ Minutes ___
Seconds Wellhead Protection Area: _____ Owner: _____
Owner Location (Street Address):_____
(if
different from Facility Address) City: ___ State:___
Zip: ___ County: ___ Phone Number:
( )
___ Operator (if not Owner): _____
Qualified Individual(s): (attach additional sheets if more than one)
Name: _____
Position: _____
Work Address: _____
Home Address: _____
Emergency Phone Number:
( )
_____ Date of Oil Storage Start-up: _____ Current Operations: _____ _____ _____
Date(s) and Type(s) of Substantial Expansion(s): _____ _____
(Attach additional sheets if necessary)
1.3 Emergency Response
Information
(A) The information provided in this section shall describe what will be
needed in an actual emergency involving the discharge of oil or a combination of
hazardous substances and oil discharge. The Emergency Response Information
section of the plan must include the following components:
(1) The information provided in the Emergency Notification Phone List in
section 1.3.1 identifies and prioritizes the names and phone numbers of the
organizations and personnel that need to be notified immediately in the event of
an emergency. This section shall include all the appropriate phone numbers for
the facility. These numbers must be verified each time the plan is updated. The
contact list must be accessible to all facility employees to ensure that, in
case of a discharge, any employee on site could immediately notify the
appropriate parties.
(2) The Spill Response Notification Form in section 1.3.1 creates a checklist
of information that shall be provided to the National Response Center (NRC) and
other response personnel. All information on this checklist must be known at the
time of notification, or be in the process of being collected. This notification
form is based on a similar form used by the NRC. Note: Do not delay spill
notification to collect the information on the list.
(3) Section 1.3.2 provides a description of the facility's list of emergency
response equipment and location of the response equipment. When appropriate, the
amount of oil that emergency response equipment can handle and any limitations
(e.g., launching sites) must be described.
(4) Section 1.3.3 provides information regarding response equipment tests and
deployment drills. Response equipment deployment exercises shall be conducted to
ensure that response equipment is operational and the personnel who would
operate the equipment in a spill response are capable of deploying and operating
it. Only a representative sample of each type of response equipment needs to be
deployed and operated, as long as the remainder is properly maintained. If
appropriate, testing of response equipment may be conducted while it is being
deployed. Facilities without facility-owned response equipment must ensure that
the oil spill removal organization that is identified in the response plan to
provide this response equipment certifies that the deployment exercises have
been met. Refer to the National Preparedness for Response Exercise Program
(PREP) Guidelines (see Appendix E to this part, section 13, for availability),
which satisfy Oil Pollution Act (OPA) response exercise requirements.
(5) Section 1.3.4 lists the facility response personnel, including those
employed by the facility and those under contract to the facility for response
activities, the amount of time needed for personnel to respond, their
responsibility in the case of an emergency, and their level of response
training. Three different forms are included in this section. The Emergency
Response Personnel List shall be composed of all personnel employed by the
facility whose duties involve responding to emergencies, including oil
discharges, even when they are not physically present at the site. An example of
this type of person would be the Building Engineer-in-Charge or Plant Fire
Chief. The second form is a list of the Emergency Response Contractors (both
primary and secondary) retained by the facility. Any changes in contractor
status must be reflected in updates to the response plan. Evidence of contracts
with response contractors shall be included in this section so that the
availability of resources can be verified. The last form is the Facility
Response Team List, which shall be composed of both emergency response personnel
(referenced by job title/position) and emergency response contractors, included
in one of the two lists described above, that will respond immediately upon
discovery of an oil discharge or other emergency (i.e., the first people to
respond). These are to be persons normally on the facility premises or primary
response contractors. Examples of these personnel would be the Facility
Hazardous Materials (HAZMAT) Spill Team 1, Facility Fire Engine Company 1,
Production Supervisor, or Transfer Supervisor. Company personnel must be able to
respond immediately and adequately if contractor support is not available.
(6) Section 1.3.5 lists factors that must, as appropriate, be considered when
preparing an evacuation plan.
(7) Section 1.3.6 references the responsibilities of the qualified individual
for the facility in the event of an emergency.
(B) The information provided in the emergency response section will aid in
the assessment of the facility's ability to respond to a worst case discharge
and will identify additional assistance that may be needed. In addition, the
facility owner or operator may want to produce a wallet-size card containing a
checklist of the immediate response and notification steps to be taken in the
event of an oil discharge.
1.3.1 Notification Date
of Last Update: _____
EMERGENCY NOTIFICATION PHONE LIST WHOM TO NOTIFY Reporter's
Name:_____ Date:_____ Facility Name:_____ Owner Name:_____ Facility
Identification Number:_____ Date and Time of Each NRC Notification:_____
------------------------------------------------------------------------
Organization Phone No.
------------------------------------------------------------------------
1. National Response Center (NRC): 1-800-424-8802
------------------
1 1 2. Qualified Individual: .................
------------------
Evening Phone: .................
------------------
3. Company Response Team: .................
------------------
Evening Phone: .................
------------------
4. Federal On-Scene Coordinator (OSC) and/or Regional .................
Response Center (RRC):
------------------
Evening Phone(s): .................
------------------
Pager Number(s): .................
------------------
5. Local Response Team (Fire Dept./Cooperatives): .................
------------------
6. Fire Marshall: .................
------------------
Evening Phone: .................
------------------
7. State Emergency Response Commission (SERC): .................
------------------
Evening Phone: .................
------------------
8. State Police: .................
------------------
9. Local Emergency Planning Committee (LEPC): .................
------------------
10. Local Water Supply System: .................
------------------
Evening Phone: .................
------------------
11. Weather Report: .................
------------------
12. Local Television/Radio Station for Evacuation .................
Notification:
------------------
13. Hospitals: .................
------------------
------------------------------------------------------------------------
SPILL RESPONSE NOTIFICATION FORM Reporter's Last Name:_____
First:_____ M.I.:_____ Position:_____
Phone Numbers: Day
( ) - Evening
( ) - Company:_____
Organization Type:_____ Address:_____ _____ City:_____ State:_____ Zip:_____
Were Materials Discharged? ___ (Y/N) Confidential? ___ (Y/N)
Meeting Federal Obligations to Report? ___ (Y/N) Date Called: ___
Calling for Responsible Party? ___ (Y/N) Time Called: ___
Incident Description Source and/or Cause of
Incident:_____ _____ _____ _____ _____ Date of Incident:_____
Time of Incident: ___ AM/PM Incident Address/Location:_____ _____
Nearest City:________ State: ___ County: ____ Zip: ____
Distance from City: ___ Units of Measure: ___ Direction from City: ___
Section: ____ Township: ____ Range: ____ Borough: ____
Container Type: ___ Tank Oil Storage Capacity: ____ Units of Measure: ___
Facility Oil Storage Capacity: ____ Units of Measure: ___
Facility Latitude: ___ Degrees ___ Minutes ___ Seconds
Facility Longitude: ___ Degrees ___ Minutes ___ Seconds
Material
--------------------------------------------------------------------------------------------------------------------------------------------------------
Material Discharged
CHRIS Code Discharged quantity Unit of measure in water Quantity Unit of measure
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Response Action
Actions Taken to Correct, Control or Mitigate Incident: _____ _____ _____
_____
Impact
Number of Injuries: ___ Number of Deaths: ___
Were there Evacuations? ___ (Y/N) Number Evacuated: ___
Was there any Damage? ___ (Y/N) Damage in Dollars (approximate):_____ Medium
Affected:_____ Description:_____ More Information about Medium:_____ _____ _____
Additional Information
Any information about the incident not recorded elsewhere in the report:
_____ _____ _____
Caller Notifications
EPA? ___ (Y/N) USCG? ___ (Y/N) State? ___ (Y/N)
Other? ___ (Y/N) Describe: ______
1.3.2 Response Equipment
List
Date of Last Update:___
FACILITY RESPONSE EQUIPMENT LIST 1. Skimmers/Pumps --
Operational Status: _____ Type, Model, and
Year: _____ _____
Type Model Year
Number: _____
Capacity: ____ gal./min.
Daily Effective Recovery Rate: _____
Storage Location(s): _____
Date Fuel Last Changed: _____ 2. Boom --
Operational Status: _____ Type, Model, and
Year:_____
Type Model Year
Number:
_____ Size (length): ____
ft. Containment Area: ____ sq.
ft. Storage Location:_____
3. Chemicals Stored (Dispersants listed on EPA's NCP Product Schedule)
----------------------------------------------------------------------------------------------------------------
Date Treatment Storage
Type Amount purchased capacity location
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Were appropriate procedures used to receive approval for use of dispersants
in accordance with the NCP (40 CFR 300.910) and the Area Contingency Plan (ACP),
where applicable?___ (Y/N).
Name and State of On-Scene Coordinator (OSC) authorizing use: ___ .
Date Authorized: ___ .
4. Dispersant Dispensing Equipment -- Operational Status: ___ .
------------------------------------------------------------------------
Response
Type and year Capacity Storage time
location (minutes)
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
5. Sorbents -- Operational Status: _____
Type and Year Purchased: _____
Amount: _____
Absorption Capacity (gal.): _____
Storage Location(s): _____ 6. Hand Tools --
Operational Status: _____
------------------------------------------------------------------------
Type and year Quantity Storage location
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
7. Communication Equipment (include operating frequency and channel and/or
cellular phone numbers) -- Operational Status: ___
------------------------------------------------------------------------
Storage location/
Type and year Quantity number
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
8. Fire Fighting and Personnel Protective Equipment -- Operational Status:
___
------------------------------------------------------------------------
Type and year Quantity Storage location
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
9. Other (e.g., Heavy Equipment, Boats and Motors) -- Operational Status: ___
------------------------------------------------------------------------
Type and year Quantity Storage location
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
1.3.3 Response Equipment
Testing/Deployment
Date of Last Update:____
Response Equipment Testing and Deployment Drill
Log Last Inspection or Response Equipment Test Date: _____
Inspection Frequency: _____ Last Deployment Drill Date: _____ Deployment
Frequency: _____ Oil Spill Removal Organization Certification (if applicable):
_____
1.3.4 Personnel
Date of Last Update:____
Emergency Response Personnel
Company Personnel
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name Phone \1\ Response time Responsibility during response action Response training type/date
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.
--------------------------------------------------------------------------------------------------------------------------------------------------------
2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
3.
--------------------------------------------------------------------------------------------------------------------------------------------------------
4.
--------------------------------------------------------------------------------------------------------------------------------------------------------
5.
--------------------------------------------------------------------------------------------------------------------------------------------------------
6.
--------------------------------------------------------------------------------------------------------------------------------------------------------
7.
--------------------------------------------------------------------------------------------------------------------------------------------------------
8.
--------------------------------------------------------------------------------------------------------------------------------------------------------
9.
--------------------------------------------------------------------------------------------------------------------------------------------------------
10.
--------------------------------------------------------------------------------------------------------------------------------------------------------
11.
--------------------------------------------------------------------------------------------------------------------------------------------------------
12.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Phone number to be used when person is not on-site.
Emergency Response Contractors
Date of Last Update: ____
--------------------------------------------------------------------------------------------------------------------------------------------------------
Contractor Phone Response time Contract responsibility \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.
--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
---------------------------------------------------------------------------
2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
---------------------------------------------------------------------------
3.
--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
---------------------------------------------------------------------------
4.
--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
---------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Include evidence of contracts/agreements with response contractors to ensure the availability of personnel and response equipment.
Facility Response Team
Date of Last Update:____
--------------------------------------------------------------------------------------------------------------------------------------------------------
Team member Response time (minutes) Phone or pager number (day/evening)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Qualified Individual:
........................... /
--------------------------------------------------------------------------------------------------------------------------------------------------------
........................... /
--------------------------------------------------------------------------------------------------------------------------------------------------------
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Note: If the facility uses contracted help in an emergency response situation, the owner or operator must provide the contractors' names and review the
contractors' capacities to provide adequate personnel and response equipment.
1.3.5 Evacuation
Plans
1.3.5.1 Based on the analysis of the
facility, as discussed elsewhere in the plan, a facility-wide evacuation plan
shall be developed. In addition, plans to evacuate parts of the facility that
are at a high risk of exposure in the event of a discharge or other release must
be developed. Evacuation routes must be shown on a diagram of the facility (see
section 1.9 of this appendix). When developing evacuation plans, consideration
must be given to the following factors, as appropriate:
(1) Location of stored materials;
(2) Hazard imposed by discharged material;
(3) Discharge flow direction;
(4) Prevailing wind direction and speed;
(5) Water currents, tides, or wave conditions (if applicable);
(6) Arrival route of emergency response personnel and response equipment;
(7) Evacuation routes;
(8) Alternative routes of evacuation;
(9) Transportation of injured personnel to nearest emergency medical
facility;
(10) Location of alarm/notification systems;
(11) The need for a centralized check-in area for evacuation validation (roll
call);
(12) Selection of a mitigation command center; and
(13) Location of shelter at the facility as an alternative to evacuation.
1.3.5.2 One resource that may be helpful
to owners or operators in preparing this section of the response plan is The
Handbook of Chemical Hazard Analysis Procedures by the Federal Emergency
Management Agency (FEMA), Department of Transportation (DOT), and EPA. The
Handbook of Chemical Hazard Analysis Procedures is available from: FEMA ,
Publication Office, 500 C. Street, S.W., Washington, DC 20472, (202) 646-3484.
1.3.5.3 As specified in §112.20(h)(1)(vi),
the facility owner or operator must reference existing community evacuation
plans, as appropriate.
1.3.6 Qualified Individual's
Duties
The duties of the designated qualified individual are specified in
§112.20(h)(3)(ix). The qualified individual's duties must be described and be
consistent with the minimum requirements in §112.20(h)(3)(ix). In addition, the
qualified individual must be identified with the Facility Information in section
1.2 of the response plan.
1.4 Hazard Evaluation
This section requires the facility owner or operator to examine the
facility's operations closely and to predict where discharges could occur.
Hazard evaluation is a widely used industry practice that allows facility owners
or operators to develop a complete understanding of potential hazards and the
response actions necessary to address these hazards. The Handbook of Chemical
Hazard Analysis Procedures, prepared by the EPA, DOT, and the FEMA and the
Hazardous Materials Emergency Planning Guide (NRT-1), prepared by the
National Response Team are good references for conducting a hazard analysis.
Hazard identification and evaluation will assist facility owners or operators in
planning for potential discharges, thereby reducing the severity of discharge
impacts that may occur in the future. The evaluation also may help the operator
identify and correct potential sources of discharges. In addition, special
hazards to workers and emergency response personnel's health and safety shall be
evaluated, as well as the facility's oil spill history.
1.4.1 Hazard Identification
The Tank and Surface Impoundment (SI) forms, or their equivalent, that are
part of this section must be completed according to the directions below.
("Surface Impoundment" means a facility or part of a facility which is a natural
topographic depression, man-made excavation, or diked area formed primarily of
earthen materials (although it may be lined with man-made materials), which is
designed to hold an accumulation of liquid wastes or wastes containing free
liquids, and which is not an injection well or a seepage facility.) Similar
worksheets, or their equivalent, must be developed for any other type of storage
containers.
(1) List each tank at the facility with a separate and distinct identifier.
Begin aboveground tank identifiers with an "A" and belowground tank identifiers
with a "B", or submit multiple sheets with the aboveground tanks and belowground
tanks on separate sheets.
(2) Use gallons for the maximum capacity of a tank; and use square feet for
the area.
(3) Using the appropriate identifiers and the following instructions, fill in
the appropriate forms:
(a) Tank or SI number -- Using the aforementioned identifiers (A or B) or
multiple reporting sheets, identify each tank or SI at the facility that stores
oil or hazardous materials.
(b) Substance Stored -- For each tank or SI identified, record the material
that is stored therein. If the tank or SI is used to store more than one
material, list all of the stored materials.
(c) Quantity Stored -- For each material stored in each tank or SI, report
the average volume of material stored on any given day.
(d) Tank Type or Surface Area/Year -- For each tank, report the type of tank
(e.g., floating top), and the year the tank was originally installed. If the
tank has been refabricated, the year that the latest refabrication was completed
must be recorded in parentheses next to the year installed. For each SI, record
the surface area of the impoundment and the year it went into service.
(e) Maximum Capacity -- Record the operational maximum capacity for each tank
and SI. If the maximum capacity varies with the season, record the upper and
lower limits.
(f) Failure/Cause -- Record the cause and date of any tank or SI failure
which has resulted in a loss of tank or SI contents.
(4) Using the numbers from the tank and SI forms, label a schematic drawing
of the facility. This drawing shall be identical to any schematic drawings
included in the SPCC Plan.
(5) Using knowledge of the facility and its operations, describe the
following in writing:
(a) The loading and unloading of transportation vehicles that risk the
discharge of oil or release of hazardous substances during transport processes.
These operations may include loading and unloading of trucks, railroad cars, or
vessels. Estimate the volume of material involved in transfer operations, if the
exact volume cannot be determined.
(b) Day-to-day operations that may present a risk of discharging oil or
releasing a hazardous substance. These activities include scheduled venting,
piping repair or replacement, valve maintenance, transfer of tank contents from
one tank to another, etc. (not including transportation-related activities).
Estimate the volume of material involved in these operations, if the exact
volume cannot be determined.
(c) The secondary containment volume associated with each tank and/or
transfer point at the facility. The numbering scheme developed on the tables, or
an equivalent system, must be used to identify each containment area. Capacities
must be listed for each individual unit (tanks, slumps, drainage traps, and
ponds), as well as the facility total.
(d) Normal daily throughput for the facility and any effect on potential
discharge volumes that a negative or positive change in that throughput may
cause.
Hazard Identification Tanks \1\
Date of Last Update: ____
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Substance Stored (Oil
Tank No. and Hazardous Quantity Stored Tank Type/Year Maximum Capacity Failure/Cause
Substance) (gallons) (gallons)
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\1\ Tank = any container that stores oil.
Attach as many sheets as necessary.
Hazard Identification Surface Impoundments (SIs)
Date of Last Update: ____
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Quantity Stored Maximum Capacity
SI No. Substance Stored (gallons) Surface Area/Year (gallons) Failure/Cause
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Attach as many sheets as necessary.
1.4.2 Vulnerability
Analysis
The vulnerability analysis shall address the potential effects (i.e., to
human health, property, or the environment) of an oil discharge. Attachment
C-III to Appendix C to this part provides a method that owners or operators
shall use to determine appropriate distances from the facility to fish and
wildlife and sensitive environments. Owners or operators can use a comparable
formula that is considered acceptable by the RA. If a comparable formula is
used, documentation of the reliability and analytical soundness of the formula
must be attached to the response plan cover sheet. This analysis must be
prepared for each facility and, as appropriate, must discuss the vulnerability
of:
(1) Water intakes (drinking, cooling, or other);
(2) Schools;
(3) Medical facilities;
(4) Residential areas;
(5) Businesses;
(6) Wetlands or other sensitive environments; 2
2 Refer to the DOC/NOAA "Guidance for Facility and Vessel Response
Plans: Fish and Wildlife and Sensitive Environments" (See appendix E to this
part, section 13, for availability).
(7) Fish and wildlife;
(8) Lakes and streams;
(9) Endangered flora and fauna;
(10) Recreational areas;
(11) Transportation routes (air, land, and water);
(12) Utilities; and
(13) Other areas of economic importance (e.g., beaches, marinas) including
terrestrially sensitive environments, aquatic environments, and unique habitats.
1.4.3 Analysis of the Potential
for an Oil Discharge
Each owner or operator shall analyze the probability of a discharge occurring
at the facility. This analysis shall incorporate factors such as oil discharge
history, horizontal range of a potential discharge, and vulnerability to natural
disaster, and shall, as appropriate, incorporate other factors such as tank age.
This analysis will provide information for developing discharge scenarios for a
worst case discharge and small and medium discharges and aid in the development
of techniques to reduce the size and frequency of discharges. The owner or
operator may need to research the age of the tanks the oil discharge history at
the facility.
1.4.4 Facility Reportable Oil
Spill History
Briefly describe the facility's reportable oil spill 3
history for the entire life of the facility to the extent that such
information is reasonably identifiable, including:
3 As described in 40 CFR part 110, reportable oil spills are those
that: (a) violate applicable water quality standards, or (b) cause a film or
sheen upon or discoloration of the surface of the water or adjoining shorelines
or cause a sludge or emulsion to be deposited beneath the surface of the water
or upon adjoining shorelines.
(1) Date of discharge(s);
(2) List of discharge causes;
(3) Material(s) discharged;
(4) Amount discharged in gallons;
(5) Amount of discharge that reached navigable waters, if applicable;
(6) Effectiveness and capacity of secondary containment;
(7) Clean-up actions taken;
(8) Steps taken to reduce possibility of recurrence;
(9) Total oil storage capacity of the tank(s) or impoundment(s) from which
the material discharged;
(10) Enforcement actions;
(11) Effectiveness of monitoring equipment; and
(12) Description(s) of how each oil discharge was detected.
The information solicited in this section may be similar to requirements in
40 CFR 112.4(a). Any duplicate information required by §112.4(a) may be
photocopied and inserted.
1.5 Discharge
Scenarios
In this section, the owner or operator is required to provide a description
of the facility's worst case discharge, as well as a small and medium discharge,
as appropriate. A multi-level planning approach has been chosen because the
response actions to a discharge (i.e. , necessary response equipment,
products, and personnel) are dependent on the magnitude of the discharge.
Planning for lesser discharges is necessary because the nature of the response
may be qualitatively different depending on the quantity of the discharge. The
facility owner or operator shall discuss the potential direction of the
discharge pathway.
1.5.1 Small and Medium
Discharges
1.5.1.1 To address multi-level planning
requirements, the owner or operator must consider types of facility-specific
discharge scenarios that may contribute to a small or medium discharge. The
scenarios shall account for all the operations that take place at the facility,
including but not limited to:
(1) Loading and unloading of surface transportation;
(2) Facility maintenance;
(3) Facility piping;
(4) Pumping stations and sumps;
(5) Oil storage tanks;
(6) Vehicle refueling; and
(7) Age and condition of facility and components.
1.5.1.2 The scenarios shall also consider
factors that affect the response efforts required by the facility. These include
but are not limited to:
(1) Size of the discharge;
(2) Proximity to downgradient wells, waterways, and drinking water intakes;
(3) Proximity to fish and wildlife and sensitive environments;
(4) Likelihood that the discharge will travel offsite (i.e.,
topography, drainage);
(5) Location of the material discharged (i.e., on a concrete pad or
directly on the soil);
(6) Material discharged;
(7) Weather or aquatic conditions (i.e., river flow);
(8) Available remediation equipment;
(9) Probability of a chain reaction of failures; and
(10) Direction of discharge pathway.
1.5.2 Worst Case
Discharge
1.5.2.1 In this section, the owner or
operator must identify the worst case discharge volume at the facility.
Worksheets for production and non-production facility owners or operators to use
when calculating worst case discharge are presented in Appendix D to this part.
When planning for the worst case discharge response, all of the aforementioned
factors listed in the small and medium discharge section of the response plan
shall be addressed.
1.5.2.2 For onshore storage facilities and
production facilities, permanently manifolded oil storage tanks are defined as
tanks that are designed, installed, and/or operated in such a manner that the
multiple tanks function as one storage unit (i.e., multiple tank volumes are
equalized). In this section of the response plan, owners or operators must
provide evidence that oil storage tanks with common piping or piping systems are
not operated as one unit. If such evidence is provided and is acceptable to the
RA, the worst case discharge volume shall be based on the combined oil storage
capacity of all manifold tanks or the oil storage capacity of the largest single
oil storage tank within the secondary containment area, whichever is greater.
For permanently manifolded oil storage tanks that function as one storage unit,
the worst case discharge shall be based on the combined oil storage capacity of
all manifolded tanks or the oil storage capacity of the largest single tank
within a secondary containment area, whichever is greater. For purposes of the
worst case discharge calculation, permanently manifolded oil storage tanks that
are separated by internal divisions for each tank are considered to be single
tanks and individual manifolded tank volumes are not combined.
1.6 Discharge Detection
Systems
In this section, the facility owner or operator shall provide a detailed
description of the procedures and equipment used to detect discharges. A section
on discharge detection by personnel and a discussion of automated discharge
detection, if applicable, shall be included for both regular operations and
after hours operations. In addition, the facility owner or operator shall
discuss how the reliability of any automated system will be checked and how
frequently the system will be inspected.
1.6.1 Discharge Detection by
Personnel
In this section, facility owners or operators shall describe the procedures
and personnel that will detect any discharge of oil or release of a hazardous
substance. A thorough discussion of facility inspections must be included. In
addition, a description of initial response actions shall be addressed. This
section shall reference section 1.3.1 of the response plan for emergency
response information.
1.6.2 Automated Discharge
Detection
In this section, facility owners or operators must describe any automated
discharge detection equipment that the facility has in place. This section shall
include a discussion of overfill alarms, secondary containment sensors, etc. A
discussion of the plans to verify an automated alarm and the actions to be taken
once verified must also be included.
1.7 Plan
Implementation
In this section, facility owners or operators must explain in detail how to
implement the facility's emergency response plan by describing response actions
to be carried out under the plan to ensure the safety of the facility and to
mitigate or prevent discharges described in section 1.5 of the response plan.
This section shall include the identification of response resources for small,
medium, and worst case discharges; disposal plans; and containment and drainage
planning. A list of those personnel who would be involved in the cleanup shall
be identified. Procedures that the facility will use, where appropriate or
necessary, to update their plan after an oil discharge event and the time frame
to update the plan must be described.
1.7.1 Response Resources for
Small, Medium, and Worst Case Discharages
1.7.1.1 Once the discharge scenarios have
been identified in section 1.5 of the response plan, the facility owner or
operator shall identify and describe implementation of the response actions. The
facility owner or operator shall demonstrate accessibility to the proper
response personnel and equipment to effectively respond to all of the identified
discharge scenarios. The determination and demonstration of adequate response
capability are presented in Appendix E to this part. In addition, steps to
expedite the cleanup of oil discharges must be discussed. At a minimum, the
following items must be addressed:
(1) Emergency plans for spill response;
(2) Additional response training;
(3) Additional contracted help;
(4) Access to additional response equipment/experts; and
(5) Ability to implement the plan including response training and practice
drills.
1.7.1.2A recommended form detailing immediate actions follows.
Oil Spill Response_Immediate Actions
------------------------------------------------------------------------
1. Stop the product flow.................. Act quickly to secure pumps,
close valves, etc.
2. Warn personnel......................... Enforce safety and security
measures.
3. Shut off ignition sources.............. Motors, electrical circuits,
open flames, etc.
4. Initiate containment................... Around the tank and/or in
the water with oil boom.
5. Notify NRC............................. 1-800-424-8802
6. Notify OSC
7. Notify, as appropriate
------------------------------------------------------------------------
Source: FOSS, Oil Spill Response_Emergency Procedures, Revised December
3, 1992.
1.7.2 Disposal Plans
1.7.2.1 Facility owners or operators must
describe how and where the facility intends to recover, reuse, decontaminate, or
dispose of materials after a discharge has taken place. The appropriate permits
required to transport or dispose of recovered materials according to local,
State, and Federal requirements must be addressed. Materials that must be
accounted for in the disposal plan, as appropriate, include:
(1) Recovered product;
(2) Contaminated soil;
(3) Contaminated equipment and materials, including drums, tank parts,
valves, and shovels;
(4) Personnel protective equipment;
(5) Decontamination solutions;
(6) Adsorbents; and
(7) Spent chemicals.
1.7.2.2 These plans must be prepared in
accordance with Federal (e.g., the Resource Conservation and Recovery Act
[RCRA]), State, and local regulations, where applicable. A copy of the disposal
plans from the facility's SPCC Plan may be inserted with this section, including
any diagrams in those plans.
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Disposal RCRA permit/
Material facility Location manifest
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1.
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2.
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3.
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4.
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1.7.3 Containment and Drainage
Planning
A proper plan to contain and control a discharge through drainage may limit
the threat of harm to human health and the environment. This section shall
describe how to contain and control a discharge through drainage, including:
(1) The available volume of containment (use the information presented in
section 1.4.1 of the response plan);
(2) The route of drainage from oil storage and transfer areas;
(3) The construction materials used in drainage troughs;
(4) The type and number of valves and separators used in the drainage system;
(5) Sump pump capacities;
(6) The containment capacity of weirs and booms that might be used and their
location (see section 1.3.2 of this appendix); and
(7) Other cleanup materials.
In addition, a facility owner or operator must meet the inspection and
monitoring requirements for drainage contained in 40 CFR part 112, subparts A
through C. A copy of the containment and drainage plans that are required in 40
CFR part 112, subparts A through C may be inserted in this section, including
any diagrams in those plans.
Note: The general permit for stormwater drainage may contain
additional requirements.
1.8 Self-Inspection,
Drills/Exercises, and Response Training
The owner or operator must develop programs for facility response training
and for drills/exercises according to the requirements of 40 CFR 112.21. Logs
must be kept for facility drills/exercises, personnel response training, and
spill prevention meetings. Much of the recordkeeping information required by
this section is also contained in the SPCC Plan required by 40 CFR 112.3. These
logs may be included in the facility response plan or kept as an annex to the
facility response plan.
1.8.1 Facility
Self-Inspection
Under 40 CFR 112.7(e), you must include the written procedures and records of
inspections for each facility in the SPCC Plan. You must include the inspection
records for each container, secondary containment, and item of response
equipment at the facility. You must cross-reference the records of inspections
of each container and secondary containment required by 40 CFR 112.7(e) in the
facility response plan. The inspection record of response equipment is a new
requirement in this plan. Facility self-inspection requires two-steps: (1) a
checklist of things to inspect; and (2) a method of recording the actual
inspection and its findings. You must note the date of each inspection. You must
keep facility response plan records for five years. You must keep SPCC records
for three years.
1.8.1.1. Tank
Inspection
The tank inspection checklist presented below has been included as guidance
during inspections and monitoring. Similar requirements exist in 40 CFR part
112, subparts A through C. Duplicate information from the SPCC Plan may be
photocopied and inserted in this section. The inspection checklist consists of
the following items:
TANK INSPECTION CHECKLIST
1. Check tanks for leaks, specifically looking
for: A. drip marks; B.
discoloration of tanks; C. puddles containing
spilled or leaked material; D.
corrosion; E. cracks;
and F. localized dead vegetation.
2. Check foundation for: A.
cracks; B.
discoloration; C. puddles containing spilled or
leaked material; D.
settling; E. gaps between tank and foundation;
and F. damage caused by vegetation roots.
3. Check piping for: A. droplets of stored
material; B.
discoloration; C.
corrosion; D. bowing of pipe between
supports; E. evidence of stored material seepage
from valves or seals; and F. localized dead
vegetation.
Tank/Surface Impoundment Inspection Log
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Inspector Tank or SI# Date Comments
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1.8.1.2 Response Equipment
Inspection
Using the Emergency Response Equipment List provided in section 1.3.2 of the
response plan, describe each type of response equipment, checking for the
following:
Response Equipment Checklist
1. Inventory (item and quantity);
2. Storage location;
3. Accessibility (time to access and respond);
4. Operational status/condition;
5. Actual use/testing (last test date and frequency of testing); and
6. Shelf life (present age, expected replacement date).
Please note any discrepancies between this list and the available response
equipment.
Response Equipment Inspection Log
[Use section 1.3.2 of the response plan as a checklist]
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Inspector Date Comments
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1.8.1.3 Secondary Containment
Inspection
Inspect the secondary containment (as described in sections 1.4.1 and 1.7.2
of the response plan), checking the following:
Secondary Containment Checklist
1. Dike or berm system. A. Level of precipitation
in dike/available capacity; B. Operational status
of drainage valves; C. Dike or berm
permeability; D.
Debris; E.
Erosion; F. Permeability of the earthen floor of
diked area; and G. Location/status of pipes,
inlets, drainage beneath tanks, etc.
2. Secondary containment A.
Cracks; B.
Discoloration; C. Presence of spilled or leaked
material (standing liquid); D. Corrosion;
and E. Valve conditions.
3. Retention and drainage ponds A.
Erosion; B. Available
capacity; C. Presence of spilled or leaked
material; D. Debris;
and E. Stressed vegetation.
The tank inspection checklist presented below has been included as guidance
during inspections and monitoring. Similar requirements exist in 40 CFR part
112, subparts A through C. Similar requirements exist in 40 CFR 112.7(e).
Duplicate information from the SPCC Plan may be photocopied and inserted in this
section.
1.8.2 Facility
Drills/Exercises
(A) CWA section 311(j)(5), as amended by OPA, requires the response plan to
contain a description of facility drills/exercises. According to 40 CFR
112.21(c), the facility owner or operator shall develop a program of facility
response drills/exercises, including evaluation procedures. Following the PREP
guidelines (see Appendix E to this part, section 13, for availability) would
satisfy a facility's requirements for drills/exercises under this part.
Alternately, under §112.21(c), a facility owner or operator may develop a
program that is not based on the PREP guidelines. Such a program is subject to
approval by the Regional Administrator based on the description of the program
provided in the response plan.
(B) The PREP Guidelines specify that the facility conduct internal and
external drills/exercises. The internal exercises include: qualified individual
notification drills, spill management team tabletop exercises, equipment
deployment exercises, and unannounced exercises. External exercises include Area
Exercises. Credit for an Area or Facility-specific Exercise will be given to the
facility for an actual response to a discharge in the area if the plan was
utilized for response to the discharge and the objectives of the Exercise were
met and were properly evaluated, documented, and self-certified.
(C) Section 112.20(h)(8)(ii) requires the facility owner or operator to
provide a description of the drill/exercise program to be carried out under the
response plan. Qualified Individual Notification Drill and Spill Management Team
Tabletop Drill logs shall be provided in sections 1.8.2.1 and 1.8.2.2,
respectively. These logs may be included in the facility response plan or kept
as an annex to the facility response plan. See section 1.3.3 of this appendix
for Equipment Deployment Drill Logs.
1.8.2.1 Qualified Individual
Notification Drill Logs
Qualified Individual Notification Drill
Log Date:_____ Company: _____ Qualified Individual(s):_____
Emergency Scenario:_____ _____ _____ Evaluation:_____ _____ _____ _____ Changes
to be Implemented:_____ _____ _____ Time Table for Implementation:_____ _____
1.8.2.2 Spill Management Team
Tabletop Exercise Logs
Spill Management Team Tabletop Exercise
Log Date:_____ Company:_____ Qualified Individual(s):_____
Emergency Scenario:_____ _____ _____ Evaluation:_____ _____ _____ _____ Changes
to be Implemented:_____ _____ _____ Time Table for Implementation:_____
1.8.3 Response
Training
Section 112.21(a) requires facility owners or operators to develop programs
for facility response training. Facility owners or operators are required by
§112.20(h)(8)(iii) to provide a description of the response training program to
be carried out under the response plan. A facility's training program can be
based on the USCG's Training Elements for Oil Spill Response, to the extent
applicable to facility operations, or another response training program
acceptable to the RA. The training elements are available from the USCG Office
of Response (G-MOR) at (202) 267-0518 or fax 267-4085-4065. Personnel response
training logs and discharge prevention meeting logs shall be included in
sections 1.8.3.1 and 1.8.3.2 of the response plan respectively. These logs may
be included in the facility response plan or kept as an annex to the facility
response plan.
1.8.3.1 Personnel Response
Training Logs Personnel Response Training Log
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Response training/ Prevention training/
Name date and number of date and number of
hours hours
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1.8.3.2 Discharge Prevention
Meetings Logs
DISCHARGE PREVENTION MEETING LOG Date:_____ Attendees:_____
_____ _____ _____ _____ _____ _____ _____ _____
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Subject/issue identified Required action Implementation date
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1.9 Diagrams
The facility-specific response plan shall include the following diagrams.
Additional diagrams that would aid in the development of response plan sections
may also be included.
(1) The Site Plan Diagram shall, as appropriate, include and
identify: (A) the entire facility to
scale; (B) above and below ground bulk oil
storage tanks; (C) the contents and capacities of
bulk oil storage tanks; (D) the contents and
capacity of drum oil storage areas; (E) the
contents and capacities of surface
impoundments; (F) process
buildings; (G) transfer
areas; (H) secondary containment systems
(location and capacity); (I) structures where
hazardous materials are stored or handled, including materials stored and
capacity of storage; (J) location of
communication and emergency response
equipment; (K) location of electrical equipment
which contains oil; and (L) for complexes only,
the interface(s) (i.e., valve or component) between the portion of the facility
regulated by EPA and the portion(s) regulated by other Agencies. In most cases,
this interface is defined as the last valve inside secondary containment before
piping leaves the secondary containment area to connect to the
transportation-related portion of the facility (i.e., the structure used or
intended to be used to transfer oil to or from a vessel or pipeline). In the
absence of secondary containment, this interface is the valve manifold adjacent
to the tank nearest the transfer structure as described above. The interface may
be defined differently at a specific facility if agreed to by the RA and the
appropriate Federal official.
(2) The Site Drainage Plan Diagram shall, as appropriate,
include: (A) major sanitary and storm sewers,
manholes, and drains; (B) weirs and shut-off
valves; (C) surface water receiving
streams; (D) fire fighting water
sources; (E) other
utilities; (F) response personnel ingress and
egress; (G) response equipment transportation
routes; and (H) direction of discharge flow from
discharge points.
(3) The Site Evacuation Plan Diagram shall, as appropriate,
include: (A) site plan diagram with evacuation
route(s); and (B) location of evacuation
regrouping areas.
1.10 Security
According to 40 CFR 112.7(g) facilities are required to maintain a certain
level of security, as appropriate. In this section, a description of the
facility security shall be provided and include, as appropriate:
(1) emergency cut-off locations (automatic or manual valves);
(2) enclosures (e.g., fencing, etc.);
(3) guards and their duties, day and night;
(4) lighting;
(5) valve and pump locks; and
(6) pipeline connection caps.
The SPCC Plan contains similar information. Duplicate information may be
photocopied and inserted in this section.
2.0 Response Plan Cover
Sheet
A three-page form has been developed to be completed and submitted to the RA
by owners or operators who are required to prepare and submit a
facility-specific response plan. The cover sheet (Attachment F-1) must accompany
the response plan to provide the Agency with basic information concerning the
facility. This section will describe the Response Plan Cover Sheet and provide
instructions for its completion.
2.1 General
Information
Owner/Operator of Facility: Enter the name of the owner of the
facility (if the owner is the operator). Enter the operator of the facility if
otherwise. If the owner/operator of the facility is a corporation, enter the
name of the facility's principal corporate executive. Enter as much of the name
as will fit in each section.
(1) Facility Name: Enter the proper name of the facility.
(2) Facility Address: Enter the street address, city, State, and zip
code.
(3) Facility Phone Number: Enter the phone number of the facility.
(4) Latitude and Longitude: Enter the facility latitude and longitude
in degrees, minutes, and seconds.
(5) Dun and Bradstreet Number: Enter the facility's Dun and Bradstreet
number if available (this information may be obtained from public library
resources).
(6) North American Industrial Classification System (NAICS) Code: Enter the
facility's NAICS code as determined by the Office of Management and Budget (this
information may be obtained from public library resources.)
(7) Largest Oil Storage Tank Capacity: Enter the capacity in GALLONS
of the largest aboveground oil storage tank at the facility.
(8) Maximum Oil Storage Capacity: Enter the total maximum capacity in
GALLONS of all aboveground oil storage tanks at the facility.
(9) Number of Oil Storage Tanks: Enter the number of all aboveground
oil storage tanks at the facility.
(10) Worst Case Discharge Amount: Using information from the
worksheets in Appendix D, enter the amount of the worst case discharge in
GALLONS.
(11) Facility Distance to Navigable Waters: Mark the appropriate line
for the nearest distance between an opportunity for discharge (i.e., oil storage
tank, piping, or flowline) and a navigable water.
2.2 Applicability of Substantial
Harm Criteria
Using the flowchart provided in Attachment C-I to Appendix C to this part,
mark the appropriate answer to each question. Explanations of referenced terms
can be found in Appendix C to this part. If a comparable formula to the ones
described in Attachment C-III to Appendix C to this part is used to calculate
the planning distance, documentation of the reliability and analytical soundness
of the formula must be attached to the response plan cover sheet.
2.3 Certification
Complete this block after all other questions have been answered.
3.0 Acronyms
ACP: Area Contingency Plan
ASTM: American Society of Testing Materials
bbls: Barrels
bpd: Barrels per Day
bph: Barrels per Hour
CHRIS: Chemical Hazards Response Information System
CWA: Clean Water Act
DOI: Department of Interior
DOC: Department of Commerce
DOT: Department of Transportation
EPA: Environmental Protection Agency
FEMA: Federal Emergency Management Agency
FR: Federal Register
gal: Gallons
gpm: Gallons per Minute
HAZMAT: Hazardous Materials
LEPC: Local Emergency Planning Committee
MMS: Minerals Management Service (part of DOI)
NAICS: North American Industrial Classification System
NCP: National Oil and Hazardous Substances Pollution Contingency Plan
NOAA: National Oceanic and Atmospheric Administration (part of DOC)
NRC: National Response Center
NRT: National Response Team
OPA: Oil Pollution Act of 1990
OSC: On-Scene Coordinator
PREP: National Preparedness for Response Exercise Program
RA: Regional Administrator
RCRA: Resource Conservation and Recovery Act
RRC: Regional Response Centers
RRT: Regional Response Team
RSPA: Research and Special Programs Administration
SARA: Superfund Amendments and Reauthorization Act
SERC: State Emergency Response Commission
SDWA: Safe Drinking Water Act of 1986
SI: Surface Impoundment
SPCC: Spill Prevention, Control, and Countermeasures
USCG: United States Coast Guard
4.0 References
CONCAWE. 1982. Methodologies for Hazard Analysis and Risk Assessment in the
Petroleum Refining and Storage Industry. Prepared by CONCAWE's Risk Assessment
Ad-hoc Group.
U.S. Department of Housing and Urban Development. 1987. Siting of
HUD-Assisted Projects Near Hazardous Facilities: Acceptable Separation Distances
from Explosive and Flammable Hazards. Prepared by the Office of Environment and
Energy, Environmental Planning Division, Department of Housing and Urban
Development. Washington, DC.
U.S. DOT, FEMA and U.S. EPA. Handbook of Chemical Hazard Analysis Procedures.
U.S. DOT, FEMA and U.S. EPA. Technical Guidance for Hazards Analysis:
Emergency Planning for Extremely Hazardous Substances.
The National Response Team. 1987. Hazardous Materials Emergency Planning
Guide. Washington, DC.
The National Response Team. 1990. Oil Spill Contingency Planning, National
Status: A Report to the President. Washington, DC. U.S. Government Printing
Office.
Offshore Inspection and Enforcement Division. 1988. Minerals Management
Service, Offshore Inspection Program: National Potential Incident of
Noncompliance (PINC) List. Reston, VA.
ATTACHMENTS TO APPENDIX F
Attachment F-1 -- Response Plan Cover Sheet
This cover sheet will provide EPA with basic information concerning the
facility. It must accompany a submitted facility response plan. Explanations and
detailed instructions can be found in Appendix F. Please type or write legibly
in blue or black ink. Public reporting burden for the collection of this
information is estimated to vary from 1 hour to 270 hours per response in the
first year, with an average of 5 hours per response. This estimate includes time
for reviewing instructions, searching existing data sources, gathering the data
needed, and completing and reviewing the collection of information. Send
comments regarding the burden estimate of this information, including
suggestions for reducing this burden to: Chief, Information Policy Branch, Mail
Code: PM-2822, U.S. Environmental Protection Agency, Ariel Rios Building, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; and to the Office of Information
and Regulatory Affairs, Office of Management and Budget, Washington D.C. 20503.
GENERAL INFORMATION
Owner/Operator of Facility: _____ Facility Name: _____
Facility Address (street address or route): _____ _____
City, State, and U.S. Zip Code: _____ Facility Phone No.: _____
Latitude (Degrees: North): _____
degrees, minutes, seconds
Dun & Bradstreet Number: 1
1 These numbers may be obtained from public library
resources. _____
Largest Aboveground Oil Storage Tank Capacity (Gallons): _____
Number of Aboveground Oil Storage Tanks: _____
Longitude (Degrees: West): _____ degrees, minutes, seconds _____ North
American Industrial Classification System (NAICS) Code: 1 _____ _____
Maximum Oil Storage Capacity (Gallons): _____ Worst Case Oil Discharge Amount
(Gallons): _____ Facility Distance to Navigable Water. Mark the appropriate
line. _____
0- 1/4 mile __ 1/4- 1/2 mile __ 1/2-1 mile __ >1 mile __
APPLICABILITY OF SUBSTANTIAL HARM CRITERIA
Does the facility transfer oil over-water 2 to or from
vessels and does the facility have a total oil storage capacity greater than or
equal to 42,000 gallons?
2 Explanations of the above-referenced terms can be found in
Appendix C to this part. If a comparable formula to the ones contained in
Attachment C-III is used to establish the appropriate distance to fish and
wildlife and sensitive environments or public drinking water intakes,
documentation of the reliability and analytical soundness of the formula must be
attached to this form. Yes _____ No _____
Does the facility have a total oil storage capacity greater than or equal to
1 million gallons and, within any storage area, does the facility lack secondary
containment 2 that is sufficiently large to contain the capacity of
the largest aboveground oil storage tank plus sufficient freeboard to allow for
precipitation? Yes _____ No_____
Does the facility have a total oil storage capacity greater than or equal to
1 million gallons and is the facility located at a distance 2 (as
calculated using the appropriate formula in Appendix C or a comparable formula)
such that a discharge from the facility could cause injury to fish and wildlife
and sensitive environments? 3
3 For further description of fish and wildlife and sensitive
environments, see Appendices I, II, and III to DOC/NOAA's "Guidance for Facility
and Vessel Response Plans: Fish and Wildlife and Sensitive Environments" (see
Appendix E to this part, section 13, for availability) and the applicable
ACP. Yes _____ No_____ Does the facility have a total oil storage
capacity greater than or equal to 1 million gallons and is the facility located
at a distance 2 (as calculated using the appropriate formula in
Appendix C or a comparable formula) such that a discharge from the facility
would shut down a public drinking water intake? 2 _____ Yes _____ No
_____
Does the facility have a total oil storage capacity greater than or equal to
1 million gallons and has the facility experienced a reportable oil spill
2 in an amount greater than or equal to 10,000 gallons within the
last 5 years? Yes _____ No _____
CERTIFICATION
I certify under penalty of law that I have personally examined and am
familiar with the information submitted in this document, and that based on my
inquiry of those individuals responsible for obtaining information, I believe
that the submitted information is true, accurate, and complete. Signature: _____
Name (Please type or print): _____ _____ Title: _____ Date: _____
[59 FR 34122, July 1, 1994; 59 FR 49006, Sept. 26, 1994, as amended at
65 FR 40816, June 30, 2000; 65 FR 43840, July 14, 2000; 66 FR 34561, June 29,
2001]