SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC)
INFORMATION GUIDE
EMERGENCY
RESPONSE
i TEAM
AUGUST 1991
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION III, SUPERFUND REMOVAL BRANCH
841 CHESTNUT BUILDING
PHILADELPHIA, PA 19107
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TABLE OF CONTENTS
PAGE
Contents 1
Foreword 3
Key Points of Prevention Regulation 5
The SPCC Plan 9
Questions Frequently Asked 13
Appendix A, Example SPCC Plan (7 Pages)
Appendix B, Dike Designs (2 Pages)
Appendix C, 40 CFR Part 109
Criteria for State, Local, and Regional Oil Removal Contingency Plans (2 Pages)
Appendix D, 40 CFR Part 110
Discharge of Oil (4 Pages)
Appendix E, 40 CFR Part 112
Oil Pollution Prevention (13 Pages)
Appendix F, 40 CFR Part 114
Civil Penalties for Violation of Oil Pollution Prevention Regulations (3 Pages)
Appendix G, 33 CFR Part 153.201
Notice of the Discharge of Oil or a Hazardous Substance (3 Pages)
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FOREWORD
This document has been prepared by Region III of the Environmental Protection
Agency to provide information to aid facilities in developing Spill Prevention, Control,
and Countermeasure (SPCC) Plans as required under Title 40, Code of Federal
Regulations, Part 112. The information contained in this manual has been compiled
from existing regulations, EPA documents, and other guidance documents. This
document should not be relied upon as the sole source in developing a site-specific
SPCC Plan; it is intended to be used only as a guide in explaining the SPCC
regulations. Title 40 CFR 112, which is included in Appendix E, is the standard
against which SPCC Plans are judged and should be used as the primary guide in
developing SPCC Plans.
For additional information concerning SPCC regulations, call or write the SPCC
Coordinator as follows:
Vince Zenone, SPCC Coordinator
U.S. Environmental Protection Agency
Superfund Removal Branch
Western Response Section (3HW32)
841 Chestnut Building
Philadelphia, PA 19107
(215) 597-3038
Should the SPCC Coordinator be unavailable to answer questions, please leave a
message on the voice mail system.
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KEY POINTS OF PREVENTION REGULATION
The Environmental Protection Agency (EPA) Oil Pollution Prevention
Regulation, Title 40, Code of Federal Regulations, Part 112 (40 CFR Part 112),
addresses non-transportation-related facilities. The main requirement of facilities
subject to the regulation is the preparation and implementation of a Plan to prevent
any discharge of oil into waters of the United States. Such a Plan is referred to as a
Spill Prevention, Control, and Countermeasure Plan (SPCC Plan).
The main thrust of the SPCC regulation is "prevention" of a discharge as
opposed to "after-the-fact" (or "reactive") clean-up measures commonly described in
spill contingency plans. The regulation applies to any facility engaged in drilling,
producing, gathering, storing, processing, refining, transferring or consuming oil and
oil products, providing that all three of the following conditions are met:
The facility is non-transportation-related (see definition of "non-
transportation" in Appendix E).
The aboveground storage capacity of single container is in excess of
660 gallons, or the aggregate aboveground storage capacity is greater
than 1,320 gallons, or the total underground storage capacity is greater
than 42,000 gallons.
Due to its location, oil spilled at the facility could reasonably be
expected to reach waters of the United States.
Facilities that are subject to 40 CFR Part 112 must prepare and implement an
SPCC Plan in accordance with guidelines outlined in the regulation. The persons
actually responsible for preparing and implementing the Plan are owners or
operators of facilities subject to regulation, including persons in charge of
departments, agencies, and instrumentalities of the Federal or state governments.
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GENERAL REQUIREMENTS OF THE SPCC PLAN
There is no rigid format for an SPCC Plan. The guidelines in 40 CFR Part 112
state that the SPCC Plan must be carefully thought out, prepared in accordance with
good engineering practices, and approved by management at a level with the
authority to commit the resources necessary to implement the Plan.
The SPCC Plan should clearly address three areas:
Operating procedures installed by the facility to prevent the occurrence
of oil spills.
Control measures installed to prevent a spill from entering navigable
waters.
Countermeasures to contain, clean up and mitigate the effects of an oil
spill that impacts navigable water.
SPILL PREVENTION
An essential element of an SPCC Plan is a description of measures designed
to prevent operational error and equipment failure, which cause most spills.
Operational errors can be minimized through training programs to maintain a high
level of personnel efficiency and awareness of the importance of spill prevention.
Equipment failures can be minimized through proper initial selection and construction
of processing and storage vessels and pipelines. Regular maintenance of structural
integrity and function, and frequent inspections (visual and mechanical) to detect
leaks around tank seams, gaskets, rivets and bolts, flange joints, expansion joints,
valves, catch pans, and so forth should be conducted.
While personnel training and equipment maintenance programs are based on
industry standards and sound engineering practices, the full support of management
is essential to develop and implement effective facility-specific programs for training
and maintenance.
SPILL CONTROL
Another important element of the SPCC Plan is spill control. EPA Region III is
generally concerned with prevention of spills from facilities where positive
containment devices and systems are practical and effective. Dikes, retaining walls,
curbing, spill diversion ponds, sumps, etc., fall into the category of positive
containment. Only where it is not practicable to provide positive containment does
the facility have the option of taking the "contingency" plan approach to spill control.
In such a case, the facility owner/operator must clearly demonstrate the
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impracticability of providing positive containment. The owner/operator must also
provide a strong Oil Spill Contingency Plan following the provision of 40 CFR Part
109 (see Appendix C) and a written commitment of personnel, equipment, and
materials required to expeditiously control and remove any harmful quantity of oil
discharged.
"Impracticability" pertains mainly to those cases where severe space limitations
may preclude installation of structures or equipment to prevent oil from reaching
water. Demonstrating "impracticability" on the basis of financial considerations is
unacceptable because the commitment of resources required to control, remove, and
dispose of spilled oil expeditiously would not normally offer any significant economic
advantage over providing positive containment.
SPILL COUNTERMEASURES
Contingency plans are considered "reactive" in nature in that they generally
describe after-the-fact actions that when properly performed can be expected to
mitigate the effects of a spill after it occurs. Therefore, spill prevention and spill
control must be given first priority consideration in the preparation of the SPCC Plan.
AMENDMENTS TO THE SPCC PLAN
Once an SPCC Plan has been developed, it may be amended by the U.S.
EPA Regional Administrator under certain circumstances or by the facility owner or
operator. The Regional Administrator may require amendments to the Plan following
a single discharge at the facility in excess of 1,000 gallons, or following two
discharges in "harmful quantities" that occur within any twelve-month period and are
reportable under the Federal Water Pollution Control Act.
The SPCC regulation requires the owner or operator to amend the Plan
whenever there is a change in facility design, construction, operation, or maintenance
that materially affects the facility's potential for discharging oil. Such amendments
must be fully implemented not later than six months after the change occurs. The
regulation also requires the owner or operator to review and evaluate the SPCC Plan
every three years, and amending the Plan may be part of this review. Within six
months following the review, the owner or operator may amend the Plan to
incorporate more effective control and prevention technology if the technology will
significantly reduce the likelihood of a release, and the technology has been field
proven at the time of the review.
All amendments must be certified by a registered professional engineer per
Section 112.5 of the SPCC regulation.
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ELEMENTS OF AN SPCC PLAN
While each SPCC Plan is unique, there are certain elements that must be
included almost without exception to make the SPCC Plan comply with the
provisions of 40 CFR Part 112. These elements include, but may not be limited to,
the following:
1. Name of Facility - The name of the facility may be different from the name of
the company that the facility operates under. Include both names if they are
different.
2. Type of Facility - Describe briefly the purpose of the facility and the type of
activities conducted there.
3. Date of Initial Operation - Provide the date that the facility began operation.
4. Location of the Facility - Provide either a description of the location or an
address that can be supported by area maps. Location and topographic
maps should be included in the Plan as they can be critical in determining the
adverse consequences of an oil spill. Sources for such maps include: the
U.S. Geological Survey, state highway department, county highway engineer,
local land surveys, and city engineer.
5. Name and Address of Owner - The address of the owner may be the same
as or different from the facility location.
6. Designated Person Responsible for Oil Spill Prevention - Provide the name
and title of the person with overall responsibility for the facility's spill prevention
program. This person should be thoroughly familiar with the SPCC regulation
and with the facility's SPCC Plan.
7. Oil Spill History - Provide a detailed history of significant spill events that
occurred in the twelve-month period (from January 10, 1973 to January 10,
1974) prior to the effective date of the regulation. For each spill that occurred
within the period, include the following information:
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a. Type and amount of oil spilled.
b. Location, date and time of spill(s).
c. Watercourse affected.
d. Description of physical damage.
e. Cost of damage.
f. Cost of clean-up.
g. Cause of spill.
h. Action taken to prevent recurrence.
8. Management Approval - Provide a statement about the facility's commitment to
the Plan, signed by a person with the authority to commit management to
implementation of the SPCC Plan.
9. Certification - Provide a statement of SPCC Plan certification under the seal
and signature of a registered professional engineer. The state of registration
and the registration number of the certifying engineer must also be provided.
The certifying engineer is not required to be registered in the state in which
the facility is located.
10. Facility Analysis - Describe the facility operation and indicate the largest
magnitude of spill possible. The description should include a discussion of
the amount and type of storage, normal increments of transfer or patterns of
usage, distribution, processes, etc. In the analysis the direction of flow of
spilled oil should be indicated along with any factors that are pertinent or
influence spill potential. It is appropriate to support this type of information by
charts, tables, plot plans, etc., to aid clarity or promote brevity.
11. Facility Inspection - Incorporate an up-to-date inspection report covering the
facility in terms of equipment, containment, operation, drainage, security, etc.,
if available. An inspection report would best serve in the more complex
facilities and is not necessarily considered an element common to all SPCC
Plans.
12. Review of the SPCC Plan - Provide documentation of Plan reviews conducted
by the owner or operator. The facility owner or operator must review the
SPCC Plan at least once every three years. These reviews must be
documented.
13. Amendments to the SPCC Plan - Make amendments of the completed Plan as
required by the SPCC regulation.
The complete SPCC Plan, which must follow the sequence outlined in Section
112.7 of the regulation, must include a discussion of the facility's site-specific
conformance with the relevant guidelines in the regulation. The SPCC Plan must be
certified by a registered professional engineer.
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A copy of the entire SPCC Plan must be maintained at the facility if the facility
is normally attended at least eight hours per day, or at the nearest field office if the
facility is not so attended. The SPCC Plan must be made available to the EPA
Regional Administrator, or to a duly authorized representative, for on-site review
during normal working hours.
SPCC PLAN GUIDELINES
Several industrial trade associations have developed suggested guidelines for
use by their members in preparing SPCC Plans. Generally, such guidelines are
available for particular types of facilities and may be very helpful. For example, the
American Petroleum Institute has prepared a bulletin entitled "Suggested Procedure
for Development of Spill Prevention Control and Countermeasure Plans" (API Bulletin
D 16). This bulletin, designed primarily for oil production facilities, may be used in
addition to the regulations and other guidance documents to develop an SPCC Plan.
Care should be taken, however, to not rely completely on any standardized format.
Each SPCC Plan must be unique to the facility. Development of a unique Plan
requires detailed knowledge of the facility and of the potential impact that any spill
may have.
An example SPCC Plan for a modest-sized oil storage facility is included as
Appendix A.
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QUESTIONS FREQUENTLY ASKED
What is the U.S. Environmental Protection Agency Oil Pollution Prevention
Regulation?
It is a regulation that tries to prevent oil spills into the waters of the United
States by establishing certain requirements for owners or operators of facilities
that drill, produce, gather, store, process, refine, transfer, or consume oil. The
text of the regulation is found in Title 40 of the Code of Federal Regulations,
Part 112 (40CFR Part 112).
Which facilities are subject to the regulation?
A facility is subject to the regulation if it is a non-transportation-related facility
(either onshore or offshore), if due to its location it could reasonably be
expected to discharge oil into waters of the United States if a spill should
occur and if it has:
1. Total aboveground oil storage capacity in excess of 1,320 gallons or a
single container (tank, drum, transformer, etc.) in excess of 660 gallons,
2. Or underground oil storage capacity in excess of 42,000 gallons.
The facility must address all aboveground and underground storage capacities
when subject to 40 CFR Part 112.
A facility may be exempt from the regulation if due to its location it could not
reasonably be expected to discharge oil into or upon the navigable waters of
the United States. The exemption determination is based on consideration of
such geographical aspects of the facility as proximity to navigable waters, land
contour, drainage, and so forth. The determination must exclude
consideration of man-made features such as dikes, equipment, or other
structures that would inhibit a discharge from reaching navigable waters.
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What is considered a non-transportation-related facility?
All fixed facilities, including support equipment, but excluding interstate
pipelines, railroad tank cars en route, transport trucks en route and terminals
associated with the transfer of bulk oil to or from a water transportation vessel,
are considered non-transportation-related facilities.
The term also includes mobile or portable facilities such as onshore drilling or
workover rigs, barge-mounted offshore drilling or workover rigs, and portable
fueling facilities while they are in a fixed, operating mode. In fact, such
facilities may not operate unless the SPCC Plan has been implemented.
What is a transportation-related facility?
Any facility that transfers and transports oil is considered a transportation-
related facility. Examples of such facilities are pipeline systems, including
related pumps and appurtenances; in-line or break-out storage tanks needed
for the continuous operation of the system; and highway vehicles and railroad
cars that are used for oil transport.
Can a facility be both transportation and non-transportation related?
Yes. Part of a facility's operation may be transportation-related and part may
be non-transportation-related. Those parts that are non-transportation-related
are subject to the regulation.
What determines the reasonability of a discharge to navigable waters?
Reasonability is determined on the basis of the location of the facility in
relation to a stream, ditch, or storm sewer; the volume of material likely to be
spilled; drainage patterns; soil conditions; and so forth. The presence of
manmade structures that would inhibit the flow of oil is not considered when
making the determination.
Is a facility still subject to the regulation if H is located in such a manner that
any spill that may occur would not be expected to discharge into the waters of
the United States?
No. However, the determination of exemption should be made very carefully.
If any oil could reach a sewer line, drainage ditch, etc., that discharges into
navigable waters, either directly or indirectly, then the facility is subject to the
regulation.
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Who determines whether or not a facility would reasonably be expected to
discharge oil into navigable waters?
The facility owner or operator makes the determination.
What if the owner or operator decides the facility is exempt from the regulation
and the decision is wrong?
The facility could be subject to the penalty provisions of the regulation for
failure to comply.
What does the regulation require a facility to do?
The regulation requires that all subject facilities have a fully prepared and
implemented Spill Prevention Control and Countermeasure (SPCC) Plan.
Facilities in existence at the time the regulation went into effect on January 10,
1974, were required to have a Plan prepared within six months of the effective
date of the regulation, and to have implemented the Plan within one year of
the effective date of the regulation. New facilities must prepare an SPCC Plan
within six months of the date they commence operations; they must implement
the Plan within one year of the date operations begin.
What constitutes an SPCC Plan?
An SPCC Plan is a detailed, site-specific written description of how a facility's
operation complies with the guidelines in the Regulation (Section 112.7).
Who is required to prepare the SPCC Plan?
The owner or operator of the facility subject to regulation is required to
prepare a written SPCC Plan, which must be certified by a registered
professional engineer (Section 112.3 and 112.7).
What are the requirements for certification?
The engineer should be familiar with the provisions of 40 CFR Part 112, and
must have examined the facility and be a registered professional engineer in
at least one state. The engineer need not be registered in the state in which
the facility is located. The engineer's name, registration number, and state of
registration must be included as part of the SPCC Plan (Section 112.3). In
addition, the engineer's seal must be affixed to the Plan as part of the
certification.
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When the SPCC Plan is completed and certified, is it sent to EPA for review?
No. A certified copy of the SPCC Plan is required to be available at the
facility for EPA on-site review, if the facility is attended at least eight hours a
day. If the facility is not attended, then the SPCC Plan must be kept at the
nearest company office.
Who reviews the SPCC Plan and how often is the SPCC Plan reviewed?
The owner or operator is required to review the SPCC Plan at least once
every three years. The review must be documented.
When must an SPCC Plan be amended?
The regulation requires the owner or operator to amend the Plan within six
months following the review to incorporate more effective control and
prevention technology if the technology will significantly reduce the likelihood
of a release, and the technology has been field proven at the time of the
review. The owner or operator must also amend the SPCC Plan whenever
there is a change in the facility design, construction, operation or maintenance
that materially affects the facility's potential for discharge into navigable waters
of the United States or adjoining shorelines (Section 112.5). Such
amendments must be fully implemented not later than six months after the
change occurs.
In addition, the U.S. EPA Regional Administrator may require amendments to
the Plan following a single discharge at the facility in excess of 1,000 gallons,
or following two discharges within any twelve-month period that are in "harmful
quantities" and are reportable under the Federal Water Pollution Control Act.
Within 60 days following such a discharge(s), the facility owner or operator
must submit the SPCC Plan to the Regional Administrator and to the state
agency in charge of water pollution control activities. The owner or operator
must also submit a description of the causes of the spill and the corrective
actions taken. Additional information pertaining to the Plan or spill event that
the Regional Administrator may reasonably require must also accompany the
Plan.
After review of the SPCC Plan, the Regional Administrator may inform the
facility owner or operator that amendments to the Plan are proposed as
deemed necessary to prevent any future discharges. Within 30 days of
notification of the Regional Administrator's decision, the owner or operator
may submit written information, views, and arguments on the proposal. The
Regional Administrator will consider this new information and will either notify
the owner or operator of any amendments required or will rescind the original
proposal. Any required amendments must become part of the facility's SPCC
Plan within 30 days after notification and must be implemented within six
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months after the amendments become part of the Plan.
Amendments must be certified by a registered professional engineer in
accordance with Section 112.3 of the regulation.
When a production lease consists of several operations, such as wells,
oil/water separators, collection systems, tank batteries, etc., does each
operation require a separate SPCC Plan?
No. One SPCC Plan may include all operations within a single geographical
area; however, each operation must be addressed in the SPCC Plan.
Is every loss of oil or oil product subject to a penalty?
A discharge is defined in the Federal Water Pollution Control Act as including,
but not limited to, any spilling, leaking, pumping, pouring, emitting, emptying,
or dumping that enters the waters of the U.S. or the adjoining shorelines in
harmful quantities.
1. If a spill occurs and enters the water, a penalty will be assessed.
2. If a spill occurs and is prevented from entering the water, a penalty may
or may not be assessed.
What is considered to be a harmful quantity?
A harmful quantity of oil is a discharge that is in violation of applicable water
quality standards, causes a film or sheen upon the water or adjoining
shorelines, discolors the water or adjoining shorelines, or causes an emulsion
or sludge to be deposited beneath the surface of the water or upon adjoining
shorelines.
What are considered navigable waters?
The Federal Water Pollution Control Act defines navigable waters as the
waters of the United States. The Coast Guard interpretation of the term not
only includes the traditional navigable waters, but all streams, creeks, lakes,
and ponds connected to the tributary system in a river basin.
What penalties are assessed for failure to comply with the regulation?
Section 112.6 of 40 CFR Part 112 authorizes the U.S. EPA Regional
Administrator to assess a civil penalty up to $5,000 per day of violation.
The guidance for determining penalties is addressed in 40 CFR Part 114.
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When should the National Response Center be called (800-424-8802, toll free)?
Any discharge of oil involving U.S. waters must be reported to the National
Response Center by the person in charge of the vessel, facility or vehicle from
which the discharge occurs. Threats of discharges or releases should also be
reported. The procedures for such notices are set forth in 33 CFR Part 153,
40 CFR Part 110, 40 CFR Part 112 and the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP).
Do tanks have to be tested?
Yes. Title 40 CFR Part 112 recommends periodic testing of tanks, tank
supports and foundations (Section 112.7).
Does a state spill plan meet the requirements of a Federal SPCC Plan?
Not necessarily. If the state spill plan is intended to be used as the Federal
SPCC Plan, it must meet or exceed all the requirements under 40 CFR Part
112. The state spill Plan must express clearly that it addresses both the state
and Federal regulations.
Where can I get additional information concerning SPCC regulations?
Call or write the SPCC Coordinator as follows:
Vince Zenone, SPCC Coordinator
U.S. Environmental Protection Agency Region III
Superfund Removal Branch
Western Response Section (3HW32)
841 Chestnut Building
Philadelphia, PA 19107
(215) 597-3038
Should the SPCC Coordinator be unavailable to answer questions, please
leave a message on the voice mail system.
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APPENDIX A
EXAMPLE SPCC PLAN
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EXAMPLE
SPILL PREVENTION, CONTROL, AND COUNTERMEASURE PLAN
i'S BULK STORAGE TERMINAL
100 Everspill Road
Post Office Box 311 (K)<
Oily City, USA 12345
Telephone (123) 222-2222
c
SJ Oil Company
P.O. Box
Crude City,
C
Steve Bob
CERTIFICATION: I hereby certify t
with the provisions of 40 CF
prepared in accordance wttl
ENGINEER: ChristophefyColurnl
SIGNATURE:
REGISTRATIO
STATE: Of
<
DATE: June
mined the facility, and, being familiar
that this SPCC Plan has been
g practices.
(seal)
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1.
NAME OF OWNERSHIP
Name: SJ Oil Company - Tex's Bulk Storage Terminal
100 Everspill Road
P.O. Box 311 (K)
Oily City, USA 12345
Telephone: (123) 222-2222
Manager: Steve Bob Doe
505 Oil Road
Oily City, USA 12345
Telephone: (123) 222-3333
Owner: SJ Oil Company
P.O. Box 00002
Crude City, USA 77000
Other Personnel:
2.
Service Area:
DESCRIPTION OF FACILITY
Tex's Bulk Storage Terminal of
petroleum products in the form of
accompanying drawing sho;
drainage ditches, buildings
Fixed Storage:
(2)
(2)
(2)
0)
Total: 460,
Vehicles:
(1)
(4)
Secretary-Bookkeeper^
Dispatcher
Transport Driver
Delivery Person
North-West
jany handles, stores, and distributes
ie, kerosene, and No. 2 fuel oil. The
)oundaries and adjacent highway
handling facilities.
100,000-gallon verticat^anks (premium gasoline)
10O.QQQ-gaHon verticalNtanks (regular gasoline)
20,000 gallon ^ertica/tanks (No. 2 fuel oil)
300-gallon vertical tank (kerosene)
TransportXruck
Tankwagon delivery trucks
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TEX'S BULK STORAGE TERMINAL
SJ DIL COMPANY
100 EVERSPILL RDAD
DIL CITY, USA 12345
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on
c=
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m
3D
EVERSPILL RDAD
LEGEND
ET1
v-v
EMERGENCY
SPILL
EQUIPMENT
BERM
DIKE
DRAINAGE
FENCE
GATE
VATER
TANKS
L 3, 3, 4 - 100,000
GALLONS
5, 6, 1 - 20,000
GALLONS
(NDT TD SCALE)
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|
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3. POTENTIAL SPILL VOLUMES AND RATES
Potential Event
Complete failure
of a full tank
Partial failure
of a full tank
Tank overfill
Pipe failure
Leaking pipe or
valve packing
Leak during
truck loading
4. SPILL PREVENTION AND CONTI
A. Storage Tanks
1. Each tank is UL-142 6
Volume Released
100,000 gallons
1 to 99,000 gallons
1 to several gallons
Up to 20,000 gallons
Several ounces
to several gallons
1 to several gallo
Spill Rate
Instantaneous
Gradual to
instantaneous
Up to 1 gallon
r minute
2.
3.
Each tank is e
suitable for the
to 1 gallon
r minute
aboveground use).
iirect-reading gauge. Venting capacity is
iwal rates.
A dike surrounds eaqnxtank installation. Each dike wall has been
constructed and designed to local, state, and Federal engineering
regulations. \Tfoe-eofrtained volume (height versus area) is computed
igle largest tank within (100,000 gallons) and allowance
Jditional vertical tank displacement volumes below the
lated spill liquid level), and for precipitation. A 2-inch
located at the lowest point within the dike enclosure, and
a normally closed gate-valve outside the dike. The gate
valveX>nanually operated. Rainwater contained within this dike is
examinee prior to release to ensure that harmful quantities of oil are not
discharged.
4. After a fill pipe is used, a bucket is placed under it to catch any
product that might drip from the pipe.
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B.
5. There are no buried or partially buried tanks at this facility.
6. Tanks are subject to periodic integrity testing and inspection. Tank
supports, foundations, and piping are included in these inspections,
and proper records are kept. The exterior of the tanks are examined
frequently.
7. Materials stored on the site for spill countermeasures include bagged
absorbent, sorbent pads, and booms. There is a sand-filled catchment
basin for minor, routine spillage at loading pump intakes and loading
racks. The catchment basin will contain greate^ than the largest
compartment of the largest tank truck loaded/or unloaded at this facility.
Sand will be placed as needed, and any c4?contaminated sand is
disposed of properly.
8. Failsafe engineering mechanisms are in place.
o
a. Tanks are equipped with higrNeveL alarms/
b. Tanks are equipped wjtr/visuaFjjaug
FACILITY TRANSFER OPERATI
1.
2.
3.
4.
5.
6.
Pipelines not in servi
capped or bl
All pipe support:
corrosior/and to
Buried pipes are properly p
buried pipe is expo:
inst corrosion. If a section of
for deterioration.
by for an extended period are
arked as to their origin.
designed to minimize abrasion and
for expansion and contraction.
Abovegroung pipelineVand valves are examined periodically to assess
their7 condition,,
signs\ are posed as needed to prevent vehicles from damaging
installed at the vehicle loading racks.
5. SPILL COUNTERMEASURES
The front highway drainage ditch on the property's northern boundary crosses
the highway through a culvert headed eastward and eventually leads to Carol
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8.
Creek, located approximately one-half mile away. Emergency containment
action will consist of erecting an earthen dam and placing absorbent materials
at the entrance to the culvert. Sorbent boom will be strategically placed on
Carol Creek, upstream of Dead Duck Pond, to contain oil that will be
recovered and disposed of according to generally accepted procedures.
Personnel, materials, equipment, are committed to ensuring that this
contingency plan is implemented in such a manner that no oil reaches Dead
Duck Pond, which is an environmentally sensitive ecosystem.
PAST SPILL EXPERIENCE
None.
SECURITY
a.
b.
The bulk plant is surrounded by steel securi
locked when the plant is unattended.
d the gate is
c.
d.
Tank drain valves and all other
flow of a tank's contents are
use. The electrical controls f
position when not in use.
The loading and unloadin
not in service.
Two area lights are'
office and storage are
PERSONNEL
will pefjrlit direct outward
position when not in
ps are^also locked in the closed
of pipelines are capped when
a position so as to illuminate the
Facility personnel nave beernnstructed by management in the following spill
prevention and countermeasiX6 plans:
a. No tanks or compaffrfients are to be filled without checking reserves
to commencing the filling operation.
b.
c.
d.
operations are to continue unless attended constantly.
e.
locations are displayed warning signs to remind
:o check line disconnections before vehicle departures.
Training has been held on oil-spill prevention, containment, and retrieval
methods. A "dry-run" drill for an on-site vehicular spill has been
conducted.
Instructions and phone numbers regarding the report of a spill to the
National Response Center and the state have been publicized and
-------
9.
A.
B.
posted at the office.
f. Instructions and company regulations relating to oil spill prevention and
countermeasure procedures have been posted conspicuously.
EMERGENCY TELEPHONE NUMBERS
NOTIFICATION PROCEDURES
1. Steve Bob Doe, Facility Manager
2. National Response Center
3. State Response Mechanism
CLEAN-UP CONTRACTORS
1. E-Z Clean Environmental
2. O.K. Engineers, Inc.
C. SUPPLIES AND EQUIPMENT
1. Oily City Equipment Co
2. Northwestern Sorbe
10. REVIEW DATES
6/08/77 (signature)
6/01/80 (signati
6/10/83 (signati ir
6/09/86 /$?gnature)
6/06
(123) 222-3333
(800) 42*-8802
(123X555-2221
•2207
123) 222-8372
(123) 222-9217
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APPENDIX B
DIKE DESIGNS
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1. EXAMPLE OF DESIGN: HORIZONTAL TANKS ONLY
CNOT TO SCALED
A
-45 FT
V
3D FT .
Calculations for this example:
a. Minimum containment volume is single largest tank within dike:
15,000 gal. x 0.1337 cu. ft./gal = 2,006 cu. ft.
b. Available area: 30 ft. x 45 ft. = 1,350 sq. ft.
c. Average dike height ("H"):
H x 1, 350 sq. ft. = 2,006 cu. ft.
H = 2,006 cu. ft. ^ 1,350 sq. ft.
H = 1.486 ft. (17.8 inches + freeboard)
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2. EXAMPLE OF DESIGN: HORIZONTAL AND VERTICAL TANKS
CNOT TO SCALE}
C2} 20,000
GAL
30 FT
75 FT.
Calculations for this example:
a. The minimum containment volume is that of the single largest tank:
20,000 gallons.
20,000 gal. x 0.1337 cu. ft./gal. = 2,674 cu. ft.
b. Available dike area, this example:
30 ft. x 75 ft. = 2,250 sq. ft.
c. Observe that some volume of the vertical tanks goes below the dike
wall height. The volume of the second 20,000 gallon tank (and any
additional vertical tanks) assumed not ruptured must be considered.
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APPENDIX C
40 CFR PART 109
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Environmental Protection Agency
§109.4
PART 109— CRITERIA FOR STATE,
LOCAL AND REGIONAL OIL RE-
MOVAL CONTINGENCY PLANS
Sec.
100.1 Applicability.
109.2 Definitions.
109.3 Purpose and scope.
109.4 Relationship to Federal response ac-
tions.
109.5 Development and
criteria for State, local and regional oil
removal contingency plans.
109.6 Coordination.
AUTHORITY: Sec. 1KJX1KB). 84 Stat. 96. 33
OS.C. 116KJX1XB).
SOURCE 36 FR 22485. Nov. 25.1971. unless
otherwise noted.
§109.1 Applicability.
The criteria in this part are provided
to assist State, local and regional agen-
cies in the development of oil removal
contingency plans lor the inland navi-
gable waters of the United States and
all areas other than the high seas,
coastal and contiguous zone waters.
coastal and Great Lakes ports and
harbors and such other areas as may
be agreed upon between the Environ-
mental Protection Agency and the De-
partment of Transportation in accord-
ance with section 1KJX1XB) of the
Federal Act, Executive Order No.
11548 dated July 20. 1970 (35 FR
11677) and 5 306.2 of the National Oil
and Hazardous Materials Pollution
Contingency Plan (35 FR 8511).
§ 109.2 Definitions.
As used in these guidelines, the fol-
lowing terms shall have the meaning
indicated below:
(a) "Oil" means oil of any kind or in
any form, including, but not limited
to, petroleum, fuel oil, sludge, oil
refuse, and oil mixed with wastes
other than dredged spoil.
(b) "Discharge" includes, but is not
limited to. any spilling, leaking, pump-
ing, pouring, emitting, emptying, or
dumping.
(c) "Remove" or "removal" refers to
the removal of the oil from the water
and shorelines or the taking of such
other actions as may be necessary to
Tninimiyj* or mitigate damage to the
public health or welfare, including.
but not limited to. fish, shellfish, wild-
life, and public and private property.
shorelines, and beaches.
(d) "Major disaster" means any hur-
ricane, tornado, storm, flood, high
water, wind-driven water, tidal wave.
earthquake, drought, fire, or other ca-
tastrophe in any part of the United
States which, in the determination of
the President, is or threatens to
become of sufficient severity and mag-
nitude to warrant disaster assistance
by the Federal Government to supple-
ment the efforts and available re-
sources of States and local govern-
ments and relief organizations in alle-
viating the damage, loss, hardship, or
suffering caused thereby.
(e) "United States" means the
States, the District of Columbia, the
Commonwealth of Puerto Rico, the
Canal Zone. Guam, American Samoa,
the Virgin Islands, and the Trust Ter-
ritory of the Pacific Islands.
(f) "Federal Act" means the Federal
Water Pollution Control Act, as
amended. 33 U.S.C. 1151. et seq.
§ 109.3 Purpose and scope.
The guidelines in this part establish
minimum criteria for the development
and implementation of State, local,
and regional contingency plans by
State and local governments in consul-
tation with private interests to insure
timely, efficient, coordinated and ef-
fective action to minimize damage re-
sulting from oil discharges. Such plans
will be directed toward the protection
of the public health or welfare of the
United States, including, but not limit-
ed to. fish, shellfish, wildlife, and
public and private property, shore-
lines, and beaches. The development
and implementation of such plans
shall be consistent with the National
Oil and Hazardous Materials Pollution
Contingency Plan. State, local and re-
gional oil removal contingency plans
shall provide for the coordination of
the total response to an oil discharge
so that contingency organizations es-
tablished thereunder can function in-
dependently, in conjunction with each
other, or in conjunction with the Na-
tional and Regional Response Teams
established by the National Oil and
Hazardous Materials Pollution Contin-
gency Plan.
§109.4 Relationship to Federal response
actions.
The National Oil and Hazardous Ma-
terials Pollution Contingency Plan
provides that the Federal on-scene
commander shall Investigate all re-
ported spills. If such investigation
shows that appropriate action is being
taken by either the discharger or non-
Federal entitles, the Federal on-scene
commander shall monitor and provide
advice or assistance, as required. If ap-
propriate containment or cleanup
action is not being taken by the dis-
-------
§109.5
40 CFR Ch. I (7-1-90 Edition)
charger or non-Federal entities, the
Federal on-scene commander will take
control of the response activity in ac-
cordance with section IKcKl) of the
Federal Act.
§ 109.5 Development and implementation
criteria for State, local and regional oil
removal contingency plans.
Criteria for the development and im-
plementation of State, local and re-
gional oil removal contingency plans
are:
(a) Definition of the authorities, re-
sponsibilities and duties of all persons,
organizations or agencies which are to
be involved or could be involved in
planning or directing oil removal oper-
ations, with particular care to clearly
define the authorities, responsibilities
and duties of State and local govern-
mental agencies to avoid unnecessary
duplication of contingency planning
activities and to minimize the poten-
tial for conflict and confusion that
could be generated in an emergency
situation as a result of such duplica-
tions.
(b) Establishment of notification
procedures for the purpose of early de-
tection and timely notification of an
oil discharge including:
(1) The identification of critical
water use areas to facilitate the re-
porting of and response to oil dis-
charges.
(2) A current list of names, tele-
phone numbers and addresses of the
responsible persons and alternates on
call to receive notification of an oil dis-
charge as well as the names, telephone
numbers and addresses of the organi-
zations and agencies to be notified
when an oil discharge is discovered.
(3) Provisions for access to a reliable
communications system for timely no-
tification of an oil discharge and incor-
poration in the
system of the capability for intercon-
nection with the communications sys-
tems established under related oil re-
moval contingency plans, particularly
State and National plans.
(4) An established, prearranged pro-
cedure for requesting assistance
during a major disaster or when the
situation exceeds the response capabil-
ity of the State, local or regional au-
thority.
(c) Provisions to assure that full re-
source capability is known and can be
committed during an oil discharge sit-
uation including:
(1) The identification and Inventory
of applicable equipment, materials and
supplies which are available locally
and regionally.
(2) An estimate of the equipment,
materials and supplies which would be
required to remove the maximum oil
discharge to be anticipated.
(3) Development of agreements and
arrangements in advance of an oil dis-
charge for the acquisition of equip-
ment, materials and supplies to be
used in responding to such a dis-
charge.
(d) Provisions for well defined and
specific actions to be taken after dis-
covery and notification of an oil dis-
charge including:
(1) Specification of an oil discharge
response operating team consisting of
trained, prepared and available operat-
ing personnel.
(2) Predesignation of a properly
qualified oil discharge response coordi-
nator who is charged with the respon-
sibility and delegated commensurate
authority for directing and coordinat-
ing response operations and who
knows how to request assistance from
Federal authorities operating under
existing national and regional contin-
gency plans.
(3) A preplanned location for an oil
discharge response operations center
and a reliable communications system
for directing the coordinated overall
response operations.
(4) Provisions for varying degrees of
response effort depending on the se-
verity of the oil discharge.
(5) Specification of the order of pri-
ority in which the various water uses
are to be protected where more than
one water use may be adversely affect-
ed as a result of an oil discharge and
where response operations may not be
adequate to protect all uses.
(e) Specific and well defined proce-
dures to facilitate recovery of damages
and enforcement measures as provided
for by State and local statutes and or-
dinal
§109.6 Coordination.
For the purposes of coordination,
the contingency plans of State and
local governments should be developed
and Implemented in consultation with
private interests. A copy of any oil re-
moval contingency plan developed by
State and local governments should be
forwarded to the Council on Environ-
mental Quality upon request to facili-
tate the coordination of these contin-
gency plans with the National Oil and
Hazardous Materials Pollution Contin-
gency Plan.
-------
APPENDIX D
40 CFR PART 110
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Environmental Protection Agency
§110.1
PART 110—DISCHARGE OF OIL
Sec.
110.1 Definitions.
110.2 Applicability.
110.3 Discharge into navigable waters of
such quantities as may be harmful.
110.4 Discharge into contiguous zone of
such quantities as may be harmful.
110.5 Discharge beyond contiguous zone of
such quantities as may be harmful.
110.6 Discharge prohibited.
110.7 Exception for vessel engines.
110.8 Dlspersants.
110.9 Demonstration projects.
110.10 Notice.
110.11 Discharge at deepwater ports.
AUTHORITY: Sees. 311 (b)(3) and (bX4) and
SOKa), Federal Water Pollution Control
Act. as amended (33 U.S.C. 1321 (b)(3) and
(bX4) and 1361
-------
§110.2
40 CFR Ch. I (7-1-90 Edition)
ponds meeting the criteria of this
paragraph) are not waters of the
United States;
"NPDES" means National Pollutant
Discharge Elimination System;
"Offshore facility" means any facili-
ty of any kind 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, other
than a vessel or a public vessel;
"Oil", when used in relation to sec-
tion 311 of the Act, means oil of any
kind or in any form, including, but not
limted to, petroleum, fuel oil, sludge,
oil refuse, and oil mixed with wastes
other than dredged spoiL "Oil," when
used in relation to section 18(m)(3) of
the Deepwater Port Act of 1974, has
the meaning provided in section 3(14)
of the Deepwater Port Act of 1974;
"Onshore facility" means any facili-
ty (including, but not limited to. motor
vehicles and rolling stock) of any kind
located in, on. or under any land
within the United States, other than
submerged land;
"Person" includes an individual.
firm, corporation, association, and a
partnership;
"Public vessel" means a vessel owned
or bareboat chartered and operated by
the United States, or by a State or po-
litical subdivision thereof, or by a for-
eign nation, except when such vessel is
engaged in commerce;
"Sheen" means an iridescent appear-
ance on the surface of water;
"Sludge" means an aggregate of oil
or oil and other matter of any kind In
any form other than dredged spoil
having a combined specific gravity
equivalent to or greater than water;
"United States" means the States.
the District of Columbia, the Com-
monwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands,
and the Trust Territory of the Pacific
Tglanrig;
"Vessel" means every description of
watercraft or other artificial contriv-
ance used, or capable of being used, as
a means of transportation on water
other than a public vessel; and
"Wetlands" means those areas that
are inundated or saturated by surface
or ground water at a frequency or du-
ration sufficient to support, and that
under normal circumstances do sup-
port, a prevalence of vegetation typi-
cally adapted for life in saturated soil
conditions. Wetlands generally include
playa lakes, swamps, marshes, bogs
and similar areas such as sloughs, prai-
rie potholes, wet meadows, prairie
river overflows, mudflats, and natural
ponds.
§110.2 Applicability.
The regulations of this part apply to
the discharge of oil prohibited by sec-
tion 311(b)(3) of the Act. This includes
certain discharges 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 be-
longing to. appertaining to, or under
the exclusive management authority
of the United States (including re-
sources under the Magnuson Fishery
Conservation and Management Act).
The regulations of this part also
define the term "discharge" for pur-
poses of section 18(m)(3) of the Deep-
water Port Act of 1974. as provided
under J 110.11 of this part.
§ 110.3 Discharge into navigable waten of
such quantities as may be harmful.
For purposes of section 311(b) of the
Act, discharges of oil into or upon the
navigable waters of the United States
or adjoining shorelines-in such quanti-
ties that It has been determined may
be harmful to the public health or
welfare of the United States, except as
provided in § 110.7 of this part, include
discharges of oil 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.
-------
Environmental Protection Agoncy
§110.10
§ 110.4 Discharge into contiguous zone of
such quantities as may be harmful.
For purposes of section 311(b) of the
Act. discharges of oil into or upon the
waters of the contiguous zone in such
quantities that it has been determined
may be harmful to the public health
or welfare of the United States, except
as provided in § 110.7, include dis-
charges of oil 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.
§ 110.5 Discharge beyond contiguous zone
of such quantities as may be harmful.
For purposes of section 311(b) of the
Act, discharges of oil Into or upon
waters seaward of the contiguous zone
in connection with activities under the
Outer Continental Shelf Lands Act or
the Deepwater Port Act of 1974, or
that may affect natural resources be-
longing to, appertaining to, or under
the exclusive management authority
of the United States (including re-
sources under the Magnuson Fishery
Conservation and M«may»Tn«int. Act) in
such quantities that it has been deter-
mined may be harmful to the public
health or welfare of the United States,
except as provided in j 110.7, Include
discharges of oil that:
(a) Violate applicable water quality
standards, or
(b) Cause a fflm or sheen upon or
discoloration of the surface of the
water or adjoining shorelines or cause
a sludge or emnlHion to be deposited
beneath the surface of the water or
orelines.
§110.6 Discharge prohibited.
As provided in section 311(bX3) of
the Act, no person shall discharge or
cause or permit to be discharged into
or upon the navigable waters of the
United States or adjoining shorelines
or into or upon the waters of the con-
tiguous zone or into or upon waters
seaward of the contiguous zone in con-
nection with activities under the
Outer Continental Shelf Lands Act or
the Deepwater Port Act of 1974, or
that may affect natural resources be-
longing to, appertaining to, or under
the exclusive management authority
of the United States (including re-
sources under the Magnuson Fishery
Conservation and Management Act)
any oil in such quantities as may be
harmful as determined in $S 110.3,
110.4, and 110.5, except as the same
may be permitted in the contiguous
zone and seaward under MARPOL 73/
78, Annex 1, as provided in 33 CFR
151.09.
§ 110.7 Exception for Teasel engines.
For purposes of section 311(b) of the
Act, discharges of oil from a properly
functioning vessel engine are not
deemed to be harmful, but discharges
of such oil accumulated in a vessel's
bilges shall not be so exempt.
§ 110.8 Dispersants.
Addition of dlspersants or emulsifi-
ers to oil to be discharged that would
circumvent the provisions of this part
is prohibited.
§ 110.9 Demonstration projects.
Notwithstanding any other provi-
sions of this part, the Administrator
may permit the discharge of oil. under
section 311 of the Act, in connection
with research, demonstration projects.
or studies relating to the prevention.
control, or abatement of oil pollution.
§110.10 Notice.
Any person in charge of a vessel or
of an onshore or offshore facility
shall, as soon as he or she has knowl-
edge of any discharge of oil from such
vessel or facility in violation of § 110.6.
immediately notify the National Re-
sponse Center (NRC) (800-424-8802; in
the Washington. DC metropolitan
area. 426-2675). If direct reporting to
the NRC is not practicable, reports
may be made to the Coast Guard or
EPA predesignated On-Scene Coordi-
nator (OSC) for the geographic area
where the discharge occurs. All such
reports shall be promptly relayed to
the NRC. If it is not possible to notify
the NRC or the predesignated OCS
immediately, reports may be made im-
mediately to the nearest Coast Guard
-------
§110.11
unit, provided that the person in
charge of the vessel or onshore or off-
shore facility notifies the NRC as soon
as possible. The reports shall be made
in accordance with such procedures as
the Secretary of Transportation may
prescribe. The procedures for such
notice are set forth in U.S. Coast
Guard regulations, 33 CFR Part 153,
Subpart B and in the National Oil and
Hazardous Substances Pollution Con-
tingency Plan, 40 CFR Part 300, Sub-
part E. (Approved by the Office of
Management and Budget under the
control number 2050-0046)
§ 110.11 Discharge at deepwater ports.
(a) Except as provided in paragraph
(b) below, for purposes of section
18(m)(3) of the Deepwater Port Act of
1974, the term "discharge" shall In-
clude but not be limited to, any spill-
ing, leaking, pumping, pouring, emit-
ting, emptying, or dumping into the
marine environment of quantities of
oil that:
(1) Violate applicable water quality
standards, or
(2) 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.
(b) For purposes of section 18(m)(3)
of the Deepwater Port Act of 1974, the
term "discharge" excludes:
(1) Discharges of oil from a properly
functioning vessel engine, (including
an engine on a public vessel), but not
discharges of such oil accumulated in
a vessel's bilges (unless in compliance
with MARPOL 73/78, Annex I); and
(2) Discharges of oil permitted under
MARPOL 73/78. Annex L
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APPENDIX E
40 CFR PART 112
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40 CFR Ch. I (7-1-90 Edition)
PART 112—OIL POLLUTION
PREVENTION
Sec.
112.1 General applicability.
11&2 Definitions.
112J Requirement* for preparation and
implementation of Spill Prevention Con-
trol and Countenneasure Plans.
112.4 Amendment of SPCC Plans by Re-
gional Administrator.
112J Amendment of Spill Prevention Con-
trol and Countenneasure Plans by
owners or operators.
112.6 Civil penalties for violation of oil pol-
lution prevention regulations.
112.7 Guidelines for the preparation and
implementation of a Spill Prevention
Control and Countenneasure Plan.
Armtux.—MEMORANDUM OF UnnxuxurDiRo
BETWEEN THE SECBXZABT or TRAHSPORTA-
T1OH AMD THE ADMINISTRATOR OP THE EH-
vmoincEHTAi. PROTECTION AGENCY
ADTHOHrrr: Sees. 31KJX1XC). 311CJX2),
501(a), Federal Water Pollution Control Act
(see. 2. Pub. L. 92-500. 86 Stat. 818 et seq.
(33 U.S.C. 1251 et seq.)); sec. 4(b). Pub. L.
92-500, 86 Stat. 897; 5 U.S.C. Reorc. Plan of
1970 No. 3 (1970), 35 FR 15623. 3 CFR 1966-
1970 Comp4 E.O. 11735. 38 FR 21243. 3
CFR.
SOURCE 38 FR 34165, Dec. 11, 1973. unless
otherwise noted.
§ 11M General applicability.
(a) This part establishes procedures.
methods and equipment and other re-
quirements for equipment to prevent
the discharge of oil from non-trans-
portation-related onshore and off-
shore facilities into or upon the navi-
gable waters of the United States or
art joining- shorelines.
(b) Except as provided in paragraph
(d) of this section, this part applies to
owners or operators of non-transporta-
tion-related onshore and offshore fa-
cilities engaged in drilling, producing.
gathering, storing, processing, refin-
ing, transferring, distributing or con-
suming oil and oil products, and
which, due to their location, could rea-
sonably be expected to discharge oil in
harmful quantities, as defined in Part
110 of this charter, into or upon the
navigable waters uf the United States
or adjoining shorelines.
(c) As provided in section 313 (86
Stat. 875) departments, agencies, and
iru^jiimantantiMt of the Federal gov-
ernment are subject to these regula-
tions to the same extent as any
person, except for the provisions of
S 112.6.
(d) This part does not apply to:
(1) Facilities, equipment or oper-
ations which are not subject to the ju-
risdiction of the Environmental Pro-
tection Agency, as follows:
(i) Onshore and offshore facilities,
which, due to their location, could not
reasonably be expected to discharge
oil Into or upon the navigable waters
of the United States or adjoining
shorelines. This determination shall
be based solely upon a consideration
of the geographical, locational aspects
of the facility (such as proximity to
navigable waters or adjoining shore-
lines, land contour, drainage, etc.) and
shall exclude consideration of man-
made features such as dikes, equip-
ment or other structures which may
serve to restrain, hinder, contain, or
otherwise prevent a discharge of oil
from reaching navigable waters of the
United States or adjoining shorelines;
and
(11) Equipment or operations of ves-
sels or transportation-related onshore
and offshore facilities which are sub-
ject to authority and control of the
Department of Transportation, as de-
fined in the Memorandum of Under-
standing between the Secretary of
Transportation and the Administrator
of the Environmental Protection
Agency, dated November 24. 1971. 36
FR 24000.
(2) Those facilities which, although
otherwise subject to the jurisdiction of
the Environmental Protection Agency.
meet both of the following require-
ments:
(1) The underground buried storage
capacity of the facility is 42.000 gal-
lons or less of oil, and
(11) The storage capacity, which is
not buried, of the facility is 1.320 gal-
lons or less of oil. provided no single
container has a capacity in excess of
660 gallons.
(e) This part provides for the prepa-
ration and implementation of Spill
Prevention Control and Countenneas-
ure Plans prepared in accordance with
S 112.7, designed to complement exist-
ing laws, regulations, rules, standards,
policies and procedures pertaining to
-------
Environmental Protection Agency
safety standards, fire prevention and
pollution prevention rules, so as to
form a comprehensive balanced Feder-
al/State spill prevention program to
mini-mitf the potential for oil dis-
charges. Compliance with this part
does not in any way relieve the owner
or operator of an onshore or an off-
shore facility from compliance with
other Federal, State or local laws.
[38 FR 34165, Dec. 11. 1973. as amended at
41 FR 12657, Mar. 26.1976]
§112.2 Definition*.
For the purposes of this part:
(a) "Oil" means oil of any kind or in
any form, including, but not limited to
petroleum, fuel oil, sludge, oil refuse
and oil mixed with wastes other than
dredged spoil.
(b) "Discharge" includes but is not
limited to. any spilling, leaking, pump-
Ing, pouring, emitting, emptying or
dumping. For purposes of this part,
the term "discharge" shall not include
any discharge of oil which is author-
ized by a permit issued pursuant to
section 13 of the River and Harbor Act
of 1899 (30 Stat. 1121. 33 U.S.C. 407).
or sections 402 or 405 of the FWPCA
Amendments of 1972 (86 Stat. 816 et
seq., 33 U.S.C. 1251 et seq.).
(c) "Onshore faculty" means any fa-
cility of any kind located in, on. or
under any land within the United
States, other than submerged lands,
which is not a transportation-related
facility.
(d) "Offshore facility" means any fa-
cility of any kind located in, on, or
under any of the navigable waters of
the United States, which is not a
transportation-related facility.
(e) "Owner or operator" means any
person owning or operating an on-
shore facility or an offshore facility,
ami in the case of any abandoned off-
shore facility, the person who owned
or operated such facility immediately
prior to such abandonment.
(f) "Person" includes an individual.
firm, corporation, association, and a
partnership.
(g) "Regional Administrator", means
the Regional Administrator of the En-
vironmental Protection Agency, or his
designee. in and for the Region in
which the facility is located.
(h) "Transportation-related" and
"non-transportation-related" as ap-
plied to an onshore or offshore facili-
ty, are defined in the Memorandum of
Understanding between the Secretary
of Transportation and the Administra-
tor of the Environmental Protection
Agency, dated November 24, 1971, 36
FR 24080.
(D "Spill event" means a discharge
of oil into or upon the navigable
waters of the United States or adjoin-
ing shorelines in harmful quantities,
as defined at 40 CFR Part 110.
(J) "United States" means the
States, the District of Columbia, the
Commonwealth of Puerto Rico, the
Canal Zone, Guam. American Samoa,
the Virgin Islands, and the Trust Ter-
ritory of the Pacific Islands.
(k) The term "navigable waters" of
the United States means "navigable
waters" as defined in section 502(7) of
the FWPCA. and includes:
(1) All navigable waters of the
United States, as defined in judicial
decisions prior to passage of the 1972
Amendments to the FWPCA (Pub. L.
92-500). and tributaries of such
waters;
(2) Interstate waters;
(3) Intrastate lakes, rivers, and
streams which are utilized by inter-
state travelers for recreational or
other purposes; and
(4) Intrastate lakes, rivers, and
streams from which fish or shellfish
are taken and sold in interstate com-
merce.
(1) "Vessel" means every description
of watercraft or other artificial con-
trivance used, or capable of being used
as a means of transportation on water.
other than a public vessel.
S112J Requirements for preparation and
implementation of Spill Prevention
Control and Countermeuure Plans.
(a) Owners or operators of onshore
and offshore facilities in operation on
or before the effective date of this
part that have discharged or. due to
their location, could reasonably be ex-
pected to discharge oil in harmful
quantities, as defined in 40 CFR Part
110. into or upon the navigable waters
of the United States or adjoining
shorelines, shall prepare a Spill Pre-
vention Control and Countermeasure
-------
Environmental Protection Agency
40 CFR Ch. I (7-1-90 Edition)
Plan (hereinafter "SPCC Plan"), In
writing and in accordance with 9 112.7.
Except as provided for in paragraph
(f) of this section, such SPCC Plan
shall be prepared within six months
after the effective date of this part
and shall be fully implemented as soon
as possible, but not later than one
year after the effective date of this
part.
(b) Owners or operators of onshore
and offshore facilities that become
operational after the effective date of
this part, and that have discharged or
could reasonably be expected to dis-
charge oil in harmful quantities, as de-
fined in 40 CFR Part 110. into or upon
the navigable waters of the United
States or adjoining shorelines, shall
prepare an SPCC Plan in accordance
with i 112.7. Except as provided for in
paragraph (f) of this section, such
SPCC Plan shall be prepared within
six months after the date such facility
begins operations and shall be fully
Implemented as soon as possible, but
not later than one year after such fa-
cility begins operations.
(c) Owners or operators of onshore
and offshore mobile or portable facili-
ties, such as onshore drilling or wor-
kover rigs, barge mounted offshore
drilling or workover rigs, and portable
fueling facilities shall prepare and im-
plement an SPCC Plan as required by
paragraphs (a), (b) and (d) of this sec-
tion. The owners or operators of such
facility need not prepare a new SPCC
Plan each time the facility is moved to
a new site. The SPCC Plan may be a
general plan, prepared in accordance
with § 112.7, using good engineering
practice. When the mobile or portable
facility is moved, it must be located
and installed using the spill preven-
tion practices outlined in the SPCC
Plan for the facility. No mobile or
portable facility subject to this regula-
tion shall operate unless the SPCC
Plan has been implemented. The
SPCC Plan shall only apply while the
facility is in a fixed (non-transporta-
tion) operating mode.
(d) No SPCC Flan shall be effective
to satisfy the requirements of this
part unless it has been reviewed by a
Registered Professional Engineer and
certified to by such Professional Engi-
neer. By means of this certification
the engineer, having examined the fa-
cility and being familiar with the pro-
visions of this part, shall attest that
the SPCC Flan has been prepared in
accordance with good engineering
practices. Such certification shall in
no way relieve the owner or operator
of an onshore or offshore facility of
his duty to prepare and fully imple-
ment such Plan in accordance with
§ 112.7, as required by paragraphs (a),
(b) and (c) of this section.
(e) Owners or operators of a facility
for which an SPCC Plan is required
pursuant to paragraph (a), (b) or (c) of
this section shall maintain a complete
copy of the Plan at such facility if the
facility is normally attended at least 8
hours per day. or at the nearest field
office if the facility is not so attended.
and shall make such Plan available to
the Regional Administrator for on-site
review during normal working hours.
(f) Extensions of time.
(1) The Regional Administrator may
authorize an extension of time for the
preparation and full implementation
of an SPCC Plan beyond the time per-
mitted for the preparation and imple-
mentation of an SPCC Plan pursuant
to paragraph (a), (b) or (c) of this sec-
tion where he finds that the owner or
operator of a facility subject to para-
graphs (a), (b) or (c) of this section
cannot fully comply with the require-
ments of this part as a result of either
nonavailability of qualified personnel,
or delays in construction or equipment
delivery beyond the control and with-
out the fault of such owner or opera-
tor or their respective agents or em-
ployees.
(2) Any owner or operator seeking
an extension of time pursuant to para-
graph (f XI) of this section may submit
a letter of request to the Regional Ad-
ministrator. Such letter shall include:
(1) A complete copy of the SPCC
Flan. If completed:
(11) A full explanation of the cause
for any such delay and the specific as-
pects of the SPCC Plan affected by
the delay;
(111) A full discussion of actions being
takgn or contemplated to minim i»» or
mitigate such delay;
(Iv) A proposed tfm* schedule for
the implementation of ftr|y corrective
actions being taken or contemplated.
-------
§112.4
including interim dates for completion
of tests or studies, installation and op-
eration of any necessary equipment or
other preventive measures.
In addition, such owner or operator
may present additional oral or written
statements in support of his letter of
request.
(3) The submission of a letter of re-
quest for extension of time pursuant
to paragraph (f)(2) of this section
shall in .no way relieve the owner or
operator from his obligation to comply
with the requirements of { 112.3 (a),
(b) or (c). Where an extension of time
is authorized by the Regional Admin-
istrator for particular equipment or
other specific aspects of the SPCC
Plan, such extension shall In no way
affect the owner's or operator's obliga-
tion to comply with the requirements
of 5 112.3 (a), (b) or (c) with respect to
other equipment or other specific as-
pects of the SPCC Plan for which an
extension of time has not been ex-
pressly authorized.
[38 FR 34165. Dec. 11. 1973. as amended at
41 FR 12657. Mar. 26. 1976]
§ 112.4 Amendment of SPCC Plans by Re-
gional Administrator.
(5)
Storage Or Handling
(a)
compliance
with § 112.3, whenever a facility sub-
ject to S 112.3 (a), (b) or (c) has: Dis-
charged more than 1,000 U.S. gallons
of oil into or upon the navigable
waters of the United States or adjoin-
ing shorelines in a single spill event, or
discharged oil in harmful quantities.
as defined In 40 CFR Part 110, Into or
upon the navigable waters of the
United States or adjoining shorelines
in two spill events, reportable under
section 311(b)(5) of the FWPCA. oc-
curring within any twelve month
period, the owner or operator of such
facility shall submit to the Regional
Administrator, within 60 days from
the t<"ig such facility becomes subject
to this section, the following:
(1) Name of the facility;
(2) NameXs) of the owner or operator
of the facilitr.
(3) Location of the facility;
(4) Date and year of initial facility
operation;
capacity of the facility and normal
riniiy throughput;
(6) Description of the facility, in-
cluding maps, flow diagrams, and topo-
graphical maps;
(7) A complete copy of the SPCC
Plan with any amendments;
(8) The causes) of such spill, includ-
ing a failure analysis of system or sub-
system in which the failure occurred;
(9) The corrective actions and/or
countermeasures taken, including an
adequate description of equipment re-
pairs and/or replacements;
(10) Additional preventive measures
taken or contemplated to minimi^g the
possibility of recurrence;
(11) Such other information as the
Regional Administrator may reason-
ably require pertinent to the Plan or
spill event.
(b) Section 112.4 shall not apply
until the expiration of the time per-
mitted for the preparation and imple-
mentation of an SPCC Plan pursuant
to { 112.3 (a), (b). (c) and (f).
(c) A complete copy of all Informa-
tion provided to the Regional Adminis-
trator pursuant to paragraph (a) of
this section shall be sent at the same
time to the State agency in charge of
water pollution control activities in
and for the State in which the facility
is located. Upon receipt of such infor-
mation such State agency may con-
duct a review and make recommenda-
tions to the Regional Administrator as
to further procedures, methods, equip-
ment and other requirements for
equipment necessary to prevent and to
contain discharges of oil from such fa-
cility.
(d) After review of the SPCC Plan
for a facility subject to paragraph (a)
of this section, together with all other
information submitted by the owner
or operator of such facility, and by the
State agency under paragraph (c) of
this section, the Regional Administra-
tor may require the owner or operator
of such facility to amend the SPCC
Plan if he finds that the Plan does not
meet the requirements of this part or
that the nmi»nrim«»nt. of the Plan is
necessary to prevent and to contain
discharges of oil from such facility.
(e) When the Regional Administra-
tor proposes to require an
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Environmental Protection Agency
to the SPCC Plan, lie shall notify the
facility operator by certified mail ad-
dressed to, or by personal delivery to,
the facility owner or operator, that he
proposes to require an amendment to
the Plan, and shall specify the terms
of such amendment. If the facility
owner or operator is a corporation, a
copy of such notice shall also be
mailed to the registered agent, if any,
of such corporation in the State where
such facility is located. Within 30 days
from receipt of such notice, the facili-
ty owner or operator may submit writ-
ten information, views, and arguments
on the amendment. After considering
all relevant material presented, the
Regional Administrator shall notify
the facility owner or operator of any
required or Bhn.n rescind
the notice. The amendment required
by the Regional Administrator shall
become part of the Plan 30 days after
such notice, unless the Regional Ad-
ministrator, for good cause, shall
specify another effective date. The
owner or operator of the faculty shall
implement the amendment of the
Plan as soon as possible, but not later
than six months after the
becomes part of the Plan, unless the
Regional Administrator specifies an-
other date.
(f ) An owner or operator may appeal
a decision made by the Regional Ad-
ministrator requiring an amendment
to an SPCC Plan. The appeal shall be
made to the Administrator of the
United States Environmental Protec-
tion Agency and must be made in writ-
ing within 30 days of receipt of the
notice from the Regional Administra-
tor requiring the «™«»ndm«»nt. A com-
plete 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 state-
ment of the issues and points of fact
in the case. It may also contain addi-
tional information from the owner or
operator, or from any other person.
The Administrator or h
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§112.7
(Sees. 31KJ), SOKa), Pub. L. 92-500, 86 Stat
868. 885 (33 U.S.C. 132KJ), 1361(a»)
[39 FR 31602. Aug. 29, 19741
§ 112.7 Guidelines for the preparation and
implementation of a Spill Prevention
Control and Countermeasure Plan.
The SPCC Plan shall be a carefully
thought-out plan, prepared in accord-
ance with good engineering practices.
and which has the full approval of
management at a level with authority
to commit the necessary resources. If
the plan calls for additional facilities
or procedures, methods, or equipment
not yet fully operational, these items
should be discussed in separate para-
graphs. and the details of installation
and operational start-up should be ex-
plained separately. The complete
SPCC Plan shall follow the sequence
outlined below, and include a discus-
sion of the facility's conf ormance with
the appropriate guidelines listed:
(a) A facility which has experienced
one or more spill events within twelve
months prior to the effective date of
this part should include a written de-
scription of each such spill, corrective
action taken and plans for preventing
recurrence.
(b) Where experience indicates a
reasonable potential for equipment
failure (such as tank overflow, rup-
ture, or leakage), the plan should in-
clude 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 major type
of failure.
(c) Appropriate containment and/or
diversionary structures or equipment
to prevent discharged oil from reach-
ing a navigable water course should be
provided. One of the following preven-
tive systems or its equivalent should
be Used BS
(1) Onshore f acuities:
(1) Dikes, berms or retaining walls
sufficiently impervious to contain
spilled oil;
(11) Curbing;
(ill) Culverting, gutters or other
drainage systems;
(Iv) Weirs, booms or other barriers;
(v) Spill diversion ponds;
(vi) Retention ponds;
(vli) Sorbent materials.
(2) Offshore facilities:
(i) Curbing, drip pans;
(11) Sumps and collection systems.
(d) When it is determined that the
Installation of structures or equipment
listed in J 112.7(c) to prevent dis-
charged oil from reaching the naviga-
ble waters is not practicable from any
onshore or offshore facility, the owner
or operator should clearly demon-
strate such impracticability and pro-
vide the following:
(1) A strong oil spill contingency
plan following the provision of 40 CFR
Part 109.
(2) A written commitment of man-
power, equipment and materials re-
quired to expeditlously control and
remove any harmful quantity of oil
discharged.
(e) In addition to the minimal pre-
vention standards listed under
S 112.7(c), sections of the Plan should
include a complete discussion of con-
f ormance with the following applica-
ble guidelines, other effective spill pre-
vention and containment procedures
(or, if more stringent, with State rules,
regulations and guidelines):
(1) Facility drainage (.onshore); (.ex-
cluding production f acuities), (i)
Drainage from diked storage areas
should be restrained by valves or other
positive means to prevent a spill or
other excessive leakage of oil into the
drainage system or inplant effluent
treatment system, except where plan
systems are designed to handle such
leakage. Diked areas may be emptied
by pumps or ejectors; however, these
should be manually activated and the
condition of the accumulation should
be examined before starting to be sure
no oil will be discharged into the
water.
(11) Mapper-type drain valves should
not be used to drain diked areas.
Valves used for the drainage of diked
areas should, as far as practical, be of
manual, open-and-closed design. When
plant drainage drains directly into
water courses and not into wastewater
treatment plants, retained storm
water should be inspected as provided
in paragraphs (eX2XUl) (B). (C) and
(D) of this section before drainage.
(ill) Plant drainage systems from un-
diked areas should. If possible, flow
into ponds, lagoons or catchment
basins, designed to retain oil or return
-------
Environmental Protection Agency
40 CFR Ch. I (7-1-90 Edition)
it to the facility. Catchment basins
should not be located in areas subject
to periodic flooding.
(Iv) If plant drainage is not engi-
neered as above, the final discharge of
all in-plant ditches should be equipped
with a diversion system that could, in
the event of an uncontrolled spill,
return the oil to the plant.
(v) Where drainage waters are treat-
ed in more than one treatment unit,
natural hydraulic flow should be used.
If pump transfer is needed, two "lift"
pumps should be provided, and at least
one of the pumps should be perma-
nently Installed when such treatment
is continuous. In any event, whatever
techniques are used facility drainage
systems should be adequately engi-
neered to prevent oil from reaching
navigable waters in the event of equip-
ment failure or human error at the fa-
cility.
(2) Bulk storage tanks (.onshore); (.ex-
cluding production facilities). (1) No
tank should be used 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, etc.
(11) All bulk storage tank installa-
tions should be constructed so that a
secondary means of containment is
provided for the entire contents of the
largest single tank plus sufficient free-
board to allow for precipitation. Diked
areas should be sufficiently impervi-
ous to contain spilled oiL Dikes, con-
tainment curbs, and pits are common-
ly employed for this purpose, but they
may not always be appropriate. An al-
ternative system could consist of a
complete drainage trench enclosure
arranged so that a spill could termi-
nate and be safely confined in an in-
plant CTJlx*-hT"anfc basin or holding
pond.
(Ill) Drainage of rainwater from the
diked area into a storm drain or an ef-
fluent discharge that empties into an
open water course, lake, or pond, and
bypassing the in-plant treatment
system may be acceptable if:
(A) The bypass valve is normally
sealed closed.
(B) Inspection of the run-off rain
water ensures compliance with appli-
cable water quality standards and will
not cause a harmful discharge as de-
fined in 40 CFR Part 110.
(C) The bypass valve is opened, and
resealed following drainage under re-
sponsible supervision.
(D) Adequate records are kept of
such events.
(iv) Buried metallic storage tanks
represent a potential for undetected
spills. A new buried installation should
be protected from corrosion by coat-
ings, cathodic protection or other ef-
fective methods compatible with local
soil conditions. Such buried tanks
should at least be subjected to regular
pressure testing.
(v) Partially burled metallic tanks
for the storage of oil should be avoid-
ed, unless the buried section of the
shell is adequately coated, since par-
tial burial in damp earth can cause
rapid corrosion of metallic surfaces,
especially at the earth/air interface.
(vi) Aboveground tanks should be
subject to periodic integrity testing,
tjtUng into account tanir design (float-
Ing roof, etc.) and using such tech-
niques as hydrostatic testing, visual in-
spection or a system of non-destruc-
tive shell thickness testing. Compari-
son records should be kept where ap-
propriate, and tank supports and foun-
dations should be included in these in-
spections. In addition, the outside of
the tank should frequently be ob-
served by operating personnel for
signs of deterioration, leaks which
might cause a spill, or accumulation of
oil inside diked areas.
(vil) To control leakage through de-
fective internal heating coils, the fol-
lowing factors should be considered
and applied, as appropriate.
(A) The steam return or exhaust
lines from internal heating coils which
discharge into an open water course
should be monitored for contamina-
tion, or passed through a settling
tank, skimmer, or other separation or
retention system.
(B) The feasibility of installing an
external heating system should also be
considered.
(vlil) New and old tank installations
should, as far as practical, be fail-safe
engineered or updated into a fail-safe
engineered installation to avoid spills.
Consideration should be given to pro-
-------
§11Z7
vidlng one or more of the following de-
vices:
(A) High liquid level alarms with an
audible or visual signal at a constantly
manned operation or surveillance sta-
tion; in smaller plants an audible air
vent may suffice.
(B) Considering size and complexity
of the facility, high liquid level pump
cutoff devices set to stop flow at a pre-
determined tank content leveL
(C) Direct audible or code signal
communication between the tank
gauger and the pumping station.
(D) A fast response system for deter-
mining the liquid level of each bulk
storage tank such as digital comput-
ers, telepulse, or direct vision gauges
or their equivalent.
(E) Liquid level sensing devices
should be regularly tested to insure
proper operation.
(.is.) Plant effluents which are dis-
charged into navigable waters should
have disposal facilities observed fre-
quently enough to detect possible
system upsets that could cause an oil
spill event.
(x) Visible oil leaks which result in a
loss of oil from tank seams, gaskets,
rivets and bolts sufficiently large to
cause the accumulation of oil in diked
areas should be promptly corrected.
(xi) Mobile or portable oil storage
tanks (onshore) should be positioned
or located so as to prevent spilled oil
from reaching navigable waters. A sec-
ondary means of containment, such as
dikes or catchment basins, should be
furnished for the largest single com-
partment or tank. These facilities
should be located where they will
not be subject to periodic flooding or
washout.
(3) Facility transfer operation*,
pumping, and in-plant process (.on-
shore); (.excluding production facili-
ties), (i) Buried piping installations
should have a protective wrapping and
coating and should be cathodlcally
protected if soil conditions warrant. If
a section of buried line is exposed for
any reason, it should be carefully ex-
amined for deterioration. If corrosion
damage is found, additional examina-
tion and corrective action should be
taken as indicated by the magnitude
of the damage. An alternative would
be the more frequent use of exposed
pipe corridors or galleries.
(ii) When a pipeline is not in service.
or in standby service for an extended
time the terminal connection at the
transfer point should be capped or
blank-flanged, and marked as to
origin.
(ill) Pipe supports should be proper-
ly designed to minimize abrasion and
corrosion and allow for expansion and
contraction.
(iv) All aboveground valves and pipe-
lines should be subjected to regular
examinations by operating personnel
at which time 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 should be
assessed. In addition, periodic pressure
testing may be warranted for piping in
areas where facility drainage is such
that a failure might lead to a spill
event.
(v) Vehicular traffic granted entry
into the facility should be warned ver-
bally or by appropriate signs to be
sure that the vehicle, because of its
size, will not endanger above ground
piping.
(4) Facility tank car and tank truck
loading/unloading rack (.onshore), (i)
Tank car and tank truck loading/un-
loading procedures should meet the
minimum requirements and regulation
established by the Department of
Transportation.
(11) Where rack area drainage does
not flow into a catchment basin or
treatment facility designed to handle
spills, a quick drainage system should
be used for tank truck loading and un-
loading areas. The containment
system should be designed to hold at
least tnaTimiiTn capacity of any single
compartment of a tan IT car or
truck loaded or unloaded in the plant.
(ill) An interlocked warning light or
physical barrier system, or warning
signs, should be provided in loading/
uninnfting areas to prevent vehicular
departure before complete disconnect
of flexible or fixed transfer lines.
(iv) Prior to filling and departure of
any tank car or tank truck, the lower-
most drain and all outlets of such ve-
hicles should be closely examined for
leakage, and if necessary, tightened,
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Environmental Protection Agency
40 CFR Ch. I (7-1-90 Edition)
adjusted, or replaced to prevent liquid
leakage while in transit.
(5) Oil production facilities (on-
shore)—(1) Definition. An onshore pro-
duction facility may include all wells,
flowlines, separation equipment, stor-
age facilities, gathering HIM*, and aux-
iliary non-transportation-related
equipment and facilities in a single
geographical oil or gas field operated
by a single operator.
(11) OH production facility (.onshore)
drainage. (A) At tank batteries and
central treating stations where an ac-
cidental discharge of oil would have a
reasonable possibility of reaching navi-
gable waters, the dikes or equivalent
required under 5112.7(0(1) should
have drains closed and sealed at all
times except when rainwater is being
drained. Prior to drainage, the diked
area should be inspected as provided
in paragraphs (e)(2)(iii) (B). (C), and
(D) of this section. Accumulated oil on
the rainwater should be picked up and
returned to storage or disposed of in
accordance with approved methods.
(B) Field drainage ditches, road
ditches, and oil traps, sumps or skim-
mers, if such exist, should be inspected
at regularly scheduled intervals for ac-
cumulation of oil that may have es-
caped from small leaks. Any such ac-
cumulations should be removed.
(ill) Oil production facility (.onshore)
bulk storage tanks. (A) No tank should
be used for the storage of oil unless its
material and construction are compati-
ble with the material stored and the
conditions of storage.
(B) All tank battery and central
treating plant installations should be
provided with a secondary means of
containment for the entire contents of
the largest single tank if feasible, or
alternate systems such as those out-
lined in { 112.7(cXl). Drainage from
undiked areas should be safely con-
fined in a fatp.hmgTit basin or holding
pond.
(C) All tanks containing oil should
be visually examined by a competent
person for condition and need for
mnfTitonnnr-ft on a scheduled periodic
basis. Such fTRrni"***"" should in-
clude the foundation and supports of
tnnk-a that are above the surface of
the ground.
(D) New an* cli tssi: battery instal-
lations should, as far as practical, be
fail-safe engineered or updated into a
fail-safe engineered installation to pre-
vent spills. Consideration should be
given to one or more of the following:
(1) Adequate tank capacity to assure
that a tank will not overfill should a
pumper/gauger be delayed in making
his regular rounds.
(2) Overflow equalizing lines be-
tween tanks so that a full tank can
overflow to an adjacent tank.
(3) Adequate vacuum protection to
prevent tank collapse during a pipeline
run.
(.4) High level sensors to generate
and transmit an alarm signal to the
computer where facilities are a part of
a computer production control system.
(iv) Facility transfer operations, oil
production facility (.onshore). (A) All
above ground valves and pipelines
should be examined periodically on a
scheduled basis for general condition
of items such as flange Joints, valve
glands and bodies, drip pans, pipeline
supports, pumping well polish rod
stuffing boxes, bleeder and gauge
valves.
(B) Salt water (oil field brine) dis-
posal facilities should be exained
often, particularly following a sudden
change in atmospheric temperature to
detect possible system upsets that
could cause an oil discharge.
(C) Production facilities should have
a program of flowline maintenance to
prevent spills from this source. The
program should include periodic ex-
aminations, corrosion protection, flow-
line replacement, and adequate
records, as appropriate, for the indi-
vidual facility.
(6) Oil drilling and workover facili-
ties (.onshore), (i) Mobile drilling or
workover equipment should be posi-
tioned or located so as to prevent
spilled oil from reaching navigable
waters.
(11) Depending on the location.
catchment basins or diversion struc-
tures may be necessary to intercept
and contain spills of fuel, crude oil. or
oily drilling fluids,
(ill) Before drilling below any casing
string or during workover operations.
a blowout prevention (BOP) assembly
and well control system should be in-
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40 CFR Ch. I (7-1-90 Edition)
stalled that is capable of controlling
any well head pressure that Is expect-
ed to be encountered while that BOP
assembly Is on the well. Casing and
BOP Installations should be in accord-
ance with State regulatory agency re-
quirements.
(7) OH drilling, production, or work-
over facilities (offshore), (i) Definition:
"An oil drilling, production or wor-
kover facility (offshore)" may include
all drilling or workover equipment,
wells, flowlines, gathering lines, plat-
forms, and auxiliary nontransporta-
tion-related equipment and facilities
in a single geographical oil or gas field
operated by a single operator.
(11) Oil drainage collection equip-
ment should be used to prevent and
control small oil spillage around
pumps, glands, valves, flanges, expan-
sion joints, hoses, drain lines, separa-
tors, treaters, tanks, and allied equip-
ment. Drains on the facility should be
controlled and directed toward a cen-
tral collection sump or equivalent col-
lection system sufficient to prevent
discharges of oil into the navigable
waters of the United States. Where
drains and sumps are not practicable
oil contained in collection equipment
should be removed as often as neces-
sary to prevent overflow.
(iii) For facilities employing a sump
system, sump and drains should be
adequately sized and a spare pump or
equivalent method should be available
to remove liquid from the sump and
assure that oil does not escape. A regu-
lar scheduled preventive maintenance
inspection and testing program should
be employed to assure reliable oper-
ation of the liquid removal system and
pump start-up device. Redundant
automatic sump pumps and control de-
vices may be required on some instal-
lations.
(iv) In areas where separators and
treaters are equipped with dump
valves whose predominant mode of
failure is in the closed position and
pollution risk is high, the facility
should be specially equipped to pre-
vent the escape of oiL This could be
accomplished by extending the flare
line to a diked area if the separator is
near shore, equipping it with a high
liquid level sensor that will automati-
cally shut-in wells producing to the
separator, parallel redundant dump
valves, or other feasible alternatives to
prevent oil discharges.
(v) Atmospheric storage or surge
tanks should be equipped with high
liquid level sensing devices or other ac-
ceptable alternatives to prevent oil dis-
charges.
(vi) Pressure tanks should be
equipped with high and low pressure
sensing devices to activate an alarm
and/or control the flow or other ac-
ceptable alternatives to prevent oil dis-
charges.
(vil) Tanks should be equipped with
suitable corrosion protection.
(viii) A written procedure for in-
specting and testing pollution preven-
tion equipment and systems should be
prepared and maintained at the facili-
ty. Such procedures should be includ-
ed as part of the SPCC Plan.
(ix) Testing and inspection of the
pollution prevention equipment and
systems at the facility should be con-
ducted by the owner or operator on a
scheduled periodic basis commensu-
rate with the complexity, conditions
and circumstances of the facility or
other appropriate regulations.
(x) Surface and subsurface well
shut-in valves and devices in use at the
facility should be sufficiently de-
scribed to determine method of activa-
tion or control, e.g., pressure differen-
tial, change in fluid or flow conditions,
combination of pressure and flow,
manual or remote control mecha-
nisms. Detailed records for each well,
while not necessarily part of the plan
should be kept by the owner or opera-
tor.
(xi) Before drilling below any casing
string, and during workover operations
a blowout preventer (BOP) assembly
and well control system should be in-
stalled that is capable of controlling
any well-head pressure that is expect-
ed to be encountered while that BOP
assembly is on the well Casing and
BOP installations should be in accord-
ance with State regulatory agency re-
quirements.
(xil) Extraordinary well control
measures should be provided should
emergency conditions, including fire,
loss of control and other abnormal
conditions, occur. The degree of con-
trol system redundancy should vary
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Environmental Protection Agency
with hazard exposure and probable
consequences of failure. It is recom-
mended that surface shut-in systems
have redundant or "fail close" valving.
Subsurface safety valves may not be
needed in producing wells that will not
flow but should be installed as re-
quired by applicable State regulations.
(xiii) In order that there will be no
misunderstanding of joint and sepa-
rate duties and obligations to perform
work in a safe and pollution free
manner, written instructions should be
prepared by the owner or operator for
contractors and subcontractors to
follow whenever contract activities in-
clude servicing a well or systems ap-
purtenant to a well or pressure vessel.
Such instructions and procedures
should be maintained at the offshore
production facility. Under certain cir-
cumstances and conditions such con-
tractor activities may require the pres-
ence at the facility of an authorized
representative of the owner or opera-
tor who would Intervene when neces-
sary to prevent a spill event.
(xiv) All manifolds (headers) should
be equipped with check valves on indi-
vidual flowlines.
(xv) 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 associ-
ated with that individual flowline, the
flowline should be equipped with a
high pressure sensing device and shut-
in valve at the wellhead unless provid-
ed with a pressure relief system to pre-
vent over pressuring.
(xvi) All pipelines appurtenant to
the facility should be protected from
corrosion. Methods used, such as pro-
tective coatings or cathodic protection.
should be discussed.
(xvii) Sub-marine pipelines appurte-
nant to the facility should be ade-
quately protected against environmen-
tal stresses and other activities such as
fishing operations.
(xvili) Sub-marine pipelines appurte-
nant to the facility should be in good
operating condition at all times and in-
spected on a scheduled periodic basis
for failures. Such inspections should
be documented and maintained at the
facility.
(8) Inspections and records. Inspec-
tions required by this part should be
in accordance ™^*h 'r'f-'ai procedures
developed for the facility by the owner
or operator. These written procedures
and a record of the inspections, signed
by the appropriate supervisor or in-
spector. should be made part of the
SPCC Plan and maintained for a
period of three years.
(9) Security (excluding oil produc-
tion facilities). (1) All plants handling.
processing, and storing oil should be
fully fenced, and entrance gates
should be locked and/or guarded when
the plant is not in production or is un-
attended.
(11) The master flow and drain valves
and any other valves that will permit
direct outward flow of the tank's con-
tent to the surface should be securely
locked in the closed position when in
non-operating or non-standby status.
(ill) The starter control on all oil
pumps should be locked in the "off"
position or located at a site accessible
only to authorized personnel when the
pumps are in a non-operating or non-
standby status.
(iv) The loading/unloading connec-
tions of oil pipelines should be secure-
ly capped or blank-flanged when not
in service or standby service for an ex-
tended time. This security practice
should also apply to pipelines that are
emptied of liquid content either by
draining or by inert gas pressure.
(v) Facility lighting should be com-
mensurate with the type and location
of the facility. Consideration should
be given to: (A) Discovery of spills oc-
curring during hours of ^nrt-noa^, both
by operating personnel. If present, and
by non-operating personnel (the gen-
eral public, local police, etc.) and (B)
prevention of spills c. rxmrring through
acts
(10) Personnel, training and spill
prevention procedures, (i) Owners or
operators are responsible for properly
instructing their personnel in the op-
eration and mnintj»nftnr*> of equipment
to prevent the discharges of oil and
applicable pollution control laws, rules
and regulations.
(11) Each applicable facility should
have a designated person who is ac-
countable for oil spill prevention and
who reports to line management.
(ill) Owners or operators should
schedule and conduct spill prevention
-------
Pt. 112, Appendix
briefings for their operating personnel
at intervals frequent enough to assure
adequate understanding of the SPCC
Plan for that facility. Such briefings
should highlight and describe known
spill .events or failures, malfunctioning
components, and recently developed
precautionary measures.
APPENDIX—MEMORANDUM OF UNDER-
STANDING BETWEEN THE SECRETARY
OF TRANSPORTATION AND THE AD-
MINISTRATOR OF THE ENVIRONMEN-
TAL PROTECTION AGENCY
SKCTIOR n—DKFUI mows
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 devel-
opment wells, but excluding any terminal
facility, unit or process Integrally amnriatrtl
with the bundling 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 explorato-
ry or development wells, but excluding any
terminal faculty, 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 pro-
duction structures, platforms, derricks, and
rigs including all equipment and appurte-
nances related thereto, as well as completed
wells and the wellhead separators, oil sepa-
rators, and storage facilities used in the pro-
duction of oil. but excluding any terminal
facility, unit or process integrally associated
with the bundling or transferring of oil in
bulk to or from a vessel.
(D) Mobile onshore and offshore oil pro-
duction facilities including all equipment
and appurtenant** related thereto as well
as completed wells and wellhead equipment.
piping from wellheads to oil separators, oil
separators, and storage faculties used in the
production of oil when such mobile faculties
are fixed in position for the purpose of oil
production operations, but excluding any
terminal facility, unit or process integrally
associated with the bundling or transferring
of oil in bulk to or from a vessel.
(E) Oil refining faculties including all
equipment and appurtenances related there-
to as well as in-plant processing units, stor-
age 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 bundling Or transferring of oil in bulk to
or from a vessel.
(F> Oil storage faculties including all
equipment and appurtenances related there-
to as well as fixed bulk plant storage, termi-
nal oil storage facilities, consumer storage.
pumps and drainage systems used In the
storage of oil. but excluding inline or break-
out storage tanks needed for the continuous
operation of a pipeline system and any ter-
minal faculty, unit or process Integrally as-
sociated with the handling or transferring
of oil in bulk to or from a vessel.
(O) Industrial, commercial, agricultural or
public faculties which use and store oil. but
excluding any terminal facility, unit or
process integrally associated with the han-
dling 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 faculties 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 appur-
tenant to a nontransportatlon-related facili-
ty or terminal facility and which are used to
transfer oil in bulk to or from highway vehi-
cles or railroad cars.
(J) Highway vehicles and railroad cars
which are used for the transport of oil ex-
clusively within the confines of a nontrans-
portatlon-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 nontransportaUon-related fa-
cility 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 facili-
ties including transfer hoses, loading arms
and other equipment and appurtenance
used for the purpose of handling or trans-
ferring oil in bulk to or from a vessel as well
as storage tanks and appurtenances for the
reception of oily ballast water or tank wash-
ings from vessels, but excluding terminal
waste treatment faculties and terminal oil
storage facilities.
-------
40 CFR Ch. I (7-1-90 Edition)
(B) Transfer hoses, loading arms and
other equipment appurtenant to a non-
transportatlon-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 off-
shore 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 nontransportatlon-
related facility or terminal faculty 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 there-
to, and equipment used for the fueling of lo-
comotive units, as well as the rights-of-way
on which they operate. Excluded are high-
way vehicles and railroad cars and motive
power used exclusively within the confines
of a nontransportatlon-related faculty or
terminal facility and which are not Intended
for use in interstate or intrastate commerce.
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APPENDIX F
40 CFR PART 114
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PART 114—CIVIL PENALTIES FOR
VIOLATION OF OIL POLLUTION
PREVENTION
NOlf-TRAlfSFORTATIOir RELATED ONSHORE AND
OFFSHORE FACILITZES
Sec.
114.1 General applicability.
114.2 Violation.
114.3 Determination of penalty.
114.4 Notice of Violation.
114JJ Request for hearing.
114.6 Presiding Officer.
114.7 Consolidation.
114.8 Preheating conference.
114.9 Conduct of hearing.
114.10 Decision.
114.11 Appeal to Administrator.
AUTHORITY: Sees. 31KJ). SOKa). Pub. L.
92-500, 86 Stat. 868, 886 (33 U.S.C. 132KJ),
1361(a».
SOURCE 39 FR 31602, Aug. 29.1974, unless
otherwise noted.
NOH-TRABSPORTATIOK RELATED
ONSHORE AMD OFFSHORE FACILITIES
§114.1 General applicability.
Owners or operators of facilities sub-
ject to S 112.3 (a), (b) or (c) of this sub-
chapter who violate the requirements
of Part 112 of this Subchapter D by
failing or refusing to comply with any
of the provisions of i 11&3, 112.4. or
112.5 of this subchapter shall be liable
for a civil penalty of not more than
$5,000 for each day such violation con-
tinues. Civil penalties shall be assessed
and compromised in accordance with
this part. No penalty shall be assessed
until the owner or operator shall have
been given notice and an opportunity
for hearing in accordance with this
part.
§114.2 Violation.
Owners or operators of facilities
shall be liable for a civil penalty for
noncompuance with the requirements
of Part 112 of this subchapter. includ-
ing but not limited to failure to:
(a) Prepare a Spill Prevention Con-
trol and Countermeasure (SPCC) plan
in accordance with § 112.3 of this sub-
chapter;
40 CFR Ch. I (7-1-90 Edition)
(b) Have a SPCC plan certified by a
Registered Professional -Engineer as
required by i 112.3 of this subchapter;
(c) Implement the SPCC plan as re-
quired by J 112.3 of this subchapter;
(d) Submit information after a spill
as required by 5 112.4 of this subchap-
ter;
(e) Amend plan as required by
§ 112.4 of this subchapter;
(f) Implement ftrnpnrim^nt. as re-
quired by 9 112.4 of this subchapter;
(g) Amend plan after change in facil-
ity design as required by S 112.6 of this
subchapter;
(h) Review plan every three years as
required by } 112.5 of this subchapter;
(1) Amend plan after review as re-
quired by 9 112.5; or
(j) Have amendment certified as re-
quired by S 112.5 of this subchapter
and implemented.
§ 114.3 Determination of penalty.
(a) In determining the amount of
the penalty to be assessed the follow-
ing factors shall be considered:
(1) Gravity of the violation: and
(2) Demonstrated good faith efforts
to achieve rapid compliance after noti-
fication of a violation.
(b) The amount of the civil penalty
to be assessed may be settled by com-
promise at any stage of the proceed-
ings.
(c) Civil penalties may be assessed by
the Regional Administrator where
there is no request for a hearing pur-
suant to { 114.5.
§114.4 Notice of Violation.
The Notice of Violation shall be sent
to the person charged with a violation
and shall specify the:
(a) Date of issuance;
(b) Nature of violation, including the
law or regulation that he is charged
with violating;
(c) Amount of the Trm/trimnm penal-
ty;
(d) Amount of the proposed civil
penalty;
(e) The right to present written ex-
planations, information or any materi-
als in answer to the charges or in miti-
gation of the penalty, or bearing on
the person's efforts to achieve compli-
ance after notification of the violation;
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Environmental Protection Agency
(f) Manner of the payment of any
money which may be paid to the
United States;
(g) Right to request a hearing; and
(h) The procedures for requesting a
hearing including the right to be rep-
resented by counsel.
§ 114.5 Request for hearing.
Within thirty (30) days of the date
of receipt of a Notice of Violation, the
person named in the Notice may re-
quest a hearing by submitting a writ-
ten request signed by or on behalf of
such person by a duly authorized offi-
cer, director, agent, or attorney-in-
f act, to the Regional Administrator.
(a) Requests for hearings shall:
(1) State the name and address of
the person requesting the hearing;
(2) Enclose a copy of the Notice of
Violation; and
(3) State with particularity the
issues to be raised by such person at
the hearing.
(b) After a request for hearing
which complies with the requirements
of paragraph (a) of this section has
been filed, a hearing shall be sched-
uled for the earliest practicable date.
(c) Extensions of the time for the
commencement of the hearing may be
granted for good cause shown.
§114.6 Presiding Officer.
The hearing shall be conducted by
the Presiding Officer. The Regional
Administrator may designate any at-
torney in the Environmental Protec-
tion Agency to act as the Presiding Of-
ficer. No person shall serve as a Pre-
siding Officer where he has any prior
connection with the case including
without limitation the performance of
investigative or prosecuting functions
or any other such functions. The Pre-
siding Officer appointed shall have
the full authority to conduct the hear-
ing, decide issues and to assess a civil
penalty as appropriate.
S 114.7 Consolidation.
The Presiding Officer may, in his
discretion, order consolidation of any
hearings held under this part and aris-
ing within one Region whenever he de-
termines that consolidation will expe-
dite or simplify the consideration of
the issues presented. The Administra-
§114.9
tor may, in his discretion, order con-
solidation, and design»tA one Region
to be responsible for the conduct of
any hearings held unaer cms part
which arise in different Regions when-
ever he determines that consolidation
will expedite or simplify the consider-
ation of the issues presented. Consoli-
dation shall not affect the right of any
person to raise issues that could have
been raised if consolidation had not
occurred. At the conclusion of the
hearing the Presiding Officer shall
render a separate decision for each
separate civil penalty case.
§ 114.8 Prehearing conference.
The Presiding Officer may hold one
or more prehearing conferences and
may issue a hearing agenda which
may include, without limitation, deci-
sions with regard to any or all the fol-
lowing:
(a) Stipulations and admissions;
(b) Disputed issues of fact;
(c) Hearing procedures including
submission of oral or written testimo-
ny and the time allotted for oral argu-
ments; and
(d) Any other matter which may ex-
pedite the hearing or aid in disposition
of any issues raised therein.
§ 114.9 Conduct of hearing.
The hearing shall be held In the gen-
eral location of the facility where the
alleged violation occurred or as agreed
to by EPA and the person charged.
The Presiding Officer shall have the
duty to conduct a fair and impartial
hearing, to take action to avoid unnec-
essary delay in the disposition of pro-
ceedings, and to maintain order. The
person charged with the violation may
offer relevant facts, statements, expla-
nations, and other items which such
person feels should be considered in
defense to the charges, bearing on the
person's efforts to achieve compliance
after notification of the violation or
which may bear upon the penalty to
be assessed. The EPA or other appro-
priate Agency personnel shall have
the opportunity to offer facts, state-
ments, explanations and other items
including testimony of other appropri-
ate Agencies personnel in order for
the Presiding Officer to be fully in-
-------
§114.10
formed. In the event me matter
cannot be resolved by settlement the
person charged with the violation
shall be informed in writing, of the de-
cision of the Presiding Officer and
shall be advised of his right to appeal.
§114.10 Decision.
Within thirty (30) days after the
conclusion of the hearings, the Presid-
ing Officer shall issue findings with re-
spect to the matter, including, where
appropriate to the amount of the civil
penalty. In assessing the civil penalty
the Presiding Officer shall consider
the factors set forth in 5 114.3. A copy
of the Presiding Officer's decision
shall be sent to the person charged in
the Notice of Violation. The decision
of the Presiding Officer shall become
the final decision of the Environmen-
tal Protection Agency unless within
fifteen (15) days from the date of re-
ceipt of such decision, the person as-
sessed the penalty appeals the deci-
sion to the Administrator, or unless
the Administrator shall have stayed
the effectiveness of the decision pend-
ing review.
§ 114.11 Appeal to Administrator.
(a) The person assessed a penalty in
the Presiding Officer's determination
shall have the right to appeal an ad-
verse decision to the Administrator
upon filing a written Notice of Appeal
in the form required by paragraph (b)
of this section within fifteen (15) days
of the date the receipt of the Presid-
ing Officer's decision.
(b) The Notice of Appeal shall:
(1) State the name and address of
the person filing the Notice of Appeal:
(2) Contain a concise statement of
the facts on which the person relies;
(3) Contain a concise statement of
the legal basis on which the person
relies; and
(4) Contain a concise statement set-
ting forth the action which the person
proposed that the Administrator take.
(c) The Administrator may delegate
this authority to act in a given case.
(d) The Administrator, after a
Notice of Appeal in proper form has
been filed, shall render a decision with
respect to the appeal promptly. In ren-
dering his decision, the Administrator
may adopt, modify, or set aside the de-
40 CFR Ch. I (7-1-90 Edition)
cision of the Presiding Officer in any
respect and shall include in his deci-
sion a concise statement of the basis
therefore. The decision of the Admin-
istrator on appeal shall be effective
when rendered.
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APPENDIX G
33 CFR PART 153.201
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Subpart B—Notice of the Discharge
of Oil or a Hazardous Substance
§ 153.201 Purpose.
The purpose of this subpart is to
prescribe the manner in which the
notice required in section 311(b)(5) of
the Act is to be given and to list the
government officials to receive that
notice.
§ 153.203 Procedure for the notice of dig-
charge.
Any person in charge of a vessel or
of an onshore or offshore facility
shall, as soon as they have knowledge
of any discharge of oil or a hazardous
substance from such vessel or facility
in violation of section 311(b)(3) of the
Act, immediately notify the National
Response Center (NRC), U.S. Coast
Guard, 2100 Second Street, SW.,
Washington, DC 20593, toll free tele-
phone number 800-424-8802 (in Wash-
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§153.205
ington, DC metropolitan area, (202)
267-2675). If direct reporting to the
NRC is not practicable, reports may be
made to the Coast Guard or EPA pre-
designated OSC for the geographic
area where the discharge occurs. All
such reports shall be promptly relayed
to the NRC. If it is not possible to
notify the NRC or the predesignated
OSC immediately, reports may be
made immediately to the nearest
Coast Guard unit, provided that the
person in charge of the vessel or on-
shore or offshore facility notifies the
NRC as soon as possible.
NOTE: Geographical jurisdiction of Coast
Guard and EPA OSC's are specified in the
applicable Regional Contingency Plan. Re-
gional Contingency Plans are available at
Coast Guard District Offices and EPA Re-
gional Offices as indicated in Table 2. Ad-
dresses and telephone numbers for these of-
fices are listed in Table 1.
[CGD 84-467, 51 FR 17966, May 16, 1986. as
amended by CGD 88-052. 53 FR 25121, July
1, 1988]
§153.205 Fine*.
Section 311(b)(5) of the Act pre-
scribes that any person who fails to
notify the appropriate agency of the
United States Government immediate-
ly of a discharge is, upon conviction,
subject to a fine of not more than
$10,000, or to imprisonment of not
more than one year, or both.
TABLE 1—ADDRESSES AND TELEPHONE NUM-
BERS OF COAST GUARD DISTRICT OFFICES
AND EPA REGIONAL OFFICES
Region:
I
II
Ill
IV
V
VI
VII ....
VIII ...
Address
EPA Regional Offices
John F. Kennedy Federal BMg..
Boston, MA 02203.
26 Federal Plaza. New York. NY
10278.
841 Chestnut Street. Philadel-
phia. PA 19107.
345 CourUand Street. NE. Atlan-
ta. GA 30365.
230 S. Dearborn Street 13th
Floor, Chicago, IL 60604.
1445 Ross Ave., 12th Floor.
Suite 1200, Dallas, TX 75202.
726 Minnesota Avenue, Kansas
City, KS 68101.
999 18th St, Suite 500, Denver,
I CO 80202-2405.
Telephone
617-565-3715
212-264-2525
215-597-9800
404-347-4727
312-353-2000
214-655-6444
913-236-2800
303-W3-1603
33 CFR Ch. I (7-1-90 Edition)
TABLE 1—ADDRESSES AND TELEPHONE NUM-
BERS OF COAST GUARD nusiwr
AND EPA REGIONAL OFFICES—Continued
IX
X
Address
215 Fremont Street Sin Fran-
cisco. CA 94105.
1200 6th Avenue. Seattle, WA
98101.
Telephone
415-874-8071
206-442-5810
Coast Quart District Office*
District
1st...
2nd..
5th...
7tn...
Bin...
9th...
11th
13th
14th
17th
408 Atlantic Ave., Boston. MA
02110-2209.
1430 Olive SI. St Louis. MO
63103.
Federal BWg., 431 Crawford St.
Portsmouth. VA 23705-5004.
Federal BUS.. Room 1221. 51
S.W. 1st Ave.. Miami. FL
33130.
Hal* Boggs Fader* BWg.. 500
Camp SL, New Orleans, LA
70130-3398.
1240 East 9th SL. Cleveland.
OH 44199.
union Bank Bttg.. 400 Ocean-
gate. Long Beach. CA 90822-
5399.
Federal BWg.. 915 Second Ave..
Seam*, WA 98174.
Prince Kalananaote Federal
BkJg.. 300 Ala Moana Blvd.,
9th Floor. Honolulu, HI 96850.
P.O Box 3-5000, Juneau. AK
99802.
617-223-8444
314-425-4655
804-398-6638
305-536-5651
504-589-6901
216-522-3919
213-499-5330
206-442-5850
808-541-2114
907-586-7195
TABLE 2—STANDARD ADMINISTRATIVE RE-
GIONS OF STATES AND CORRESPONDING
COAST GUARD DISTRICTS AND EPA REGIONS
States and EPA region
Coast
Guard
district
Region I:
Mame
New Hampshre
Vermont
All except Northwestern portion
Northwestern portion
Massachusetts
Connecticut
Rhode Island
Region II:
New York:
Coastal area and Eastern portion
Great Lakes area and other portions..
New Jersey:
Upper portion
Lower portion
Puerto Rico
Virgin Islands
Region III:
Pennsylvania:
Eastern portion
Great Lakes area
Southwestern portion
Maryland
1st
1st
1st
1st
1st
1st
1st
1st
9th
1st
5th
7th
7th
5th
9th
2nd
.I 5th
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Coast Guard, DOT
TABLE 2—STANDARD ADMINISTRATIVE RE-
GIONS OF STATES AND CORRESPONDING
COAST GUARD DISTRICTS AND EPA RE-
GIONS—Continued
§ 153.305
TABLE 2—STANDARD ADMINISTRATIVE RE-
GIONS OF STATES AND CORRESPONDING
COAST GUARD DISTRICTS AND EPA RE-
GIONS—Continued
States and EPA region
Delaware 5th
West Virginia 2nd
Virginia 5th
District ol Columbia 5th
Region IV:
Kentucky 2nd
Tennessee 2nd
North Carolina 5th
South. Carolina 7th
Georgia 7th
Florida:
Atlantic and Gulf coasts 7th
Panhandle area 8th
Alabama:
Southern 8th
Northern 2nd
Mississippi:
Southern 8th
Northern 2nd
Region V:
Minnesota:
Great Lakes area 9th
Inland nvers area 2nd
Wisconsin^
Great takes area _ 9th
Inland nvers area - 2nd
Michigan _ 9th
Illinois:
Great Lakes area 9th
Inland rivers area 2nd
Indiana:
Great Lakes area 9th
Inland overs area — 2nd
Ohio:
Great Lakes area _ _ 9lh
Inland rivers area 2nd
Region VI:
New MoMico _ _ 8th
Texaa : _ 8ft
Arkansas 2nd
Louisiana__..... „..»«....«........._«..»......_ 8th
Region VII:
Nebraska— 2nd
Iowa _ 2nd
Kansas. ._. 2nd
Missouri 2nd
Region VIII:
Montana 13th
Wyoming 2nd
Utah 11 ft
Colorado 2nd
North Dakota 2nd
South Dakola»... 2nd
Region IX-
California 11 th
Nevada 11 ft
Arizona - 11ft
Haw**' • -- 14ft
Sum 14th
American Snoot 14ft
Trust Territory of the Pacific Wanda 14ft
Northern Mariana Wanda 1 14ft
Coast
Guard
district
States and EPA region
Region X:
Washington..
Oregon
Idaho
Alaska
Coast
Guard
district
13th
13th
13th
17th
CCGD 84-067, 51 PR 17967, May 16. 1986, as
amended by CGD 88-052, 53 FR 25121, July
1, 1988]
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