Spill Prevention, Control & Cxountermeasures
Facility Response Jr lans
OUTREACH COURSE MANUAL
September 1994
United States Environmental Protection Agency
Region IH, Superfund Removal Branch
841 Chestnut Building
Philadelphia, PA 19107
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MANUAL ORGANIZATION
SECTION A:
SECTION B:
SECTION C:
SECTION D:
SECTION E:
SECTION F:
SECTION G:
SECTION H:
SECTION I:
SECTION J:
SECTION K:
SECTION L:
SPILL PREVENTION, CONTROL AND COUNTERMEASURE
(SPCC)
Information Guide
NOTICE OF PROPOSED RULE MAKING SPCC REVISION for
40 C.F.R. PART 112 dated OCTOBER 22, 1991
INTERIM FINAL RULE for 40 C.F.R. PART 112 dated
NOVEMBER 4, 1992
SPCC/FRP OUTREACH CONTACT NUMBERS
MOST COMMONLY USED CWA-OPA-SPCC ACRONYMS
SPCC IMPORTANT DEFINITIONS
SPCC COURSE SLIDES
SECTION M:
WHAT TO EXPECT DURING AN SPCC INSPECTION
ACKNOWLEDGEMENT AND RECORD OF SPCC/FRP
INSPECTION/PLAN REVD2W
»
FACT SHEET: OPA Q's & A's
FACT SHEET: FACILITY RESPONSE PLANS (FRP's)
FRP DEFINITIONS
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FINAL RULE MAKING for 40 C.F.R. PARTS 9 AND 112
dated JULY 1, 1994
FRP COURSE SLIDES
40 C.F.R. PART 112.20
CERTDJTCATION OF SUB HARM FORM
SUB HARM FLOW CHART
APPENDIX "F"
SPCC/FRP EVALUATION SHEET for COURSE PRESENTATION
SPCC/FRP SEMINAR REQUEST SHEET
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SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCQ)
INFORMATION GUIDE
SECTION A
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TABLE OF CONTENTS
TABLE OF CONTENTS . i
FOREWORD iii
KEY POINTS OF PREVENTION REGULATION . . . .. 1
ELEMENTS OF AN SPCC PLAN 5
QUESTIONS FREQUENTLY ASKED 9
Appendix A, Example SPCC Plan (7 Pages)
Appendix B, Dike Designs ; (1 Pages)
Appendix C, 40 CFR 109
Criteria for State, Local, and Regional Oil Removal Contingency Plans ... (2 Pages)
Appendix D, 40 CFR 110
Discharge of Oil (3 Pages)
Appendix E, 40 CFR 112
Oil Pollution Prevention (10 Pages)
Appendix F, 33 CFR PART 153.201
Notice of the Discharge of Oil or a Hazardous Substance (5 Pages)
Appendix G, 40 CFR 114
Civil Penalties (4 Pages)
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FOREWORD
This document has been prepared by Region III of the U.S. Environmental Protection
Agency as an informational and educational guide, and may be used in developing Spill
Prevention, Control, and Countermeasure (SPCC) Plans as required under Title 40, Code of
Federal Regulations, Part 112 (40 CFR 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. 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
Oil and Title III Section (3HW34)
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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IV
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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 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
(SPCG)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). v
• 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 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 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 to prevent the occurrence of oil spills.
• Control measures 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
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Another important element of the SPCC Plan is spill control. EPA Region m is
generally concerned with prevention of spills from facilities where positive containment
devices and systems are practicable 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 impracticability of providing positive containment. The
owner/operator must also provide a strong Oil Spill Contingency Plan following the provision
of 40 CFR 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
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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 (spill countermeasures) that when properly performed can be expected
to mitigate the effects of a spill after it occurs. The aim of the SPCC regulation is to keep
spills from occurring, therefore, spill prevention and spill control measures 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
112.3 (d) 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 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, if any, 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 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.
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.
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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's Oil Pollution Prevention
Regulation?
It is a regulation that tries to prevent a discharge of oil into or upon the navigable
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 (40 CFR 112).
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 in 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 an SPCC Plan?
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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.
When did this regulation go into effect?
The regulation was promulgated on December 11, 1973, and went into effect on
January 10, 1974.
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; or
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2. Total underground oil storage capacity in excess of 42,000 gallons. ,
The facility must address all aboveground and underground storage capacities once
subject to 40 CFR 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.
What is a non-transportation-related facility?
(1) Onshore or offshore well drilling facilities;
(2) Onshore or offshore mobile well drilling'platforms, barges, trucks or other
mobile facilities when in the fixed position for drilling operations;
(3) Onshore or offshore oil production facilities, fixed or mobile, including all
equipment and appurtenances such as wells, wellhead separators, and storage
facilities; .
(4) Oil refining facilities, including all equipment and appurtenances such as
processing units, storage units, piping, drainage systems, and waste treatment
units;
(5) Oil storage facilities, including all equipment and appurtenances, such as bulk
storage, terminal oil storage, consumer storage, pumps and drainage systems
used in the storage of oil; ,
(6) Industrial facilities which store oil;
(7) Commercial facilities which store oil;
(8) Agricultural facilities which store oil;
(9) Public facilities which store oil;
(10) Waste treatment facilities, including in-plant pipelines, effluent discharge lines,
and storage tanks.
What is a transportation related facility?
(1) Onshore and offshore terminal facilities, including transfer hoses, loading arms,
and other equipment and appurtenances used for the purpose of handling or
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transferring oil in bulk (including oily ballast or tank washings) to or from a
vessel;
(2) Interstate and intrastate, onshore and offshore, pipeline systems;
(3) Highway vehicles and railcars used for the transport of oil interstate or intrastate
commerce.
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 SPCC 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 it 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.
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 are the requirements for certifying the Plan by a registered professional engineer
(P.E.)?
The engineer should be familiar with the provisions of 40 CFR 112, 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 attended less than eight hours a day, then the SPCC Plan must be kept at the
nearest company office. However, if the facility has a single discharge of more than
1,000 gallons or two discharges of harmful quantities in any twelve month period, the
Plan must be sent to the EPA for review.
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. .
Who can amend an SPCC Plan?
The owner or operator of a facility may amend an SPCC Plan to include updated
information and to reflect changes in procedure. In certain cases, the EPA Regional
Administrator may require the amendment of a facility's SPCC Plan.
When must an SPCC Plan be amended by the facility operator?
The regulation requires the owner or operator to amend the Plan within six months
following a review to incorporate more effective control and prevention technologies
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 no later than six
months after the change occurs.
Amendments must be certified by a registered professional engineer in accordance
with Section 112.3 of the regulation. .
When might an SPCC Plan be amended by the EPA?
The U.S. EPA Regional Administrator may amend 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.
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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 may either notify the owner or operator of any amendments
required or 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 months after the amendments become part of the Plan.
Amendments made in this manner must also 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. If a discharge occurs and enters the water, a penalty may be assessed.
Penalties are determined using the following factors:
• seriousness of violation.
• economic benefit to violator resulting from violation.
• degree of culpability involved.
• penalties for same incident from other agencies.
• violation history.
• efforts by the violator to minimize effects of discharge.
• economic impact of the penalty on violator.
• any other matters as justice may require.
What is considered to be a harmful quantity?
A harmful quantity of oil is a discharge that results in a 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.
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What are considered navigable waters?
Navigable waters of the UiS. are defined in Section 502(7) of the Federal. Water
Pollution Control Act (FWPCA), and include:
1) All navigable waters of the U.S., as defined in judicial decisions prior to
the passage of the 1972 amendments to the FWPCA, and the tributaries of
such waters;
2) Interstate waters, including interstate wetlands;
3) Intrastate lakes, rivers, and streams which are utilized by interstate travelers
for recreational or other purposes; and
4) Intrastate lakes, rivers, and streams from which fish or shellfish are taken
and sold in interstate commerce.
What penalties are assessed for failure to comply with the regulation?
40 CFR 112.6 authorizes the U.S. EPA Regional Administrator to assess civil
penalties.
The guidance for determining penalties is addressed in 40 CFR 114.
When should the National Response Center (800-424-8802, toll free) be called?
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 notifications are set forth in 33 CFR 153, 40 CFR 110, 40 CFR
112 and the National Oil and Hazardous Substances Pollution Contingency Plan
(NCP), 40 CFR 300.
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.
What counts toward storage capacity?
Storage capacity includes the capacity of all containers such as tanks, portable tanks,
transformers, 55-gallon drums, 5-gallon buckets, etc. The capacity of any empty
containers that may be used to store oil and are not permanently taken out of service
are also counted in the facility total storage capacity.
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Does the term "oil" include vegetable oil, transformer oil, and other non-petroleum
based oil?
Yes. "Oil" is defined in 40 CFR 112.2 as 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. This definition has been interpreted to include vegetable
oil, mineral oil, transformer oil and other oils.
Are transformers covered under SPCC regulation?
Electrical transformers and similar equipment are covered by the SPCC regulation
provided that they contain sufficient quantities of oil, and, due to location, can
reasonably be expected to spill their oil into navigable waters or adjoining shorelines.
If the drainage from a facility discharges into a sewer system, is this facility required to
have an SPCC Plan?
If the sewer is a storm sewer or combined sewer and the spill could reasonably be
expected to reach navigable waters, a Plan would be required. If the flow from the
sewer is entirely treated in the facility's sewage treatment plant, then an engineering
assessment should be made by the owner or operator as to whether or not the
treatment system could handle the maximum possible volume of oil without exceeding
the permitted amount at the plant. If the system could not handle the oil, then an
SPCC Plan would be required.
Are SPCC Plans required for hazardous substances or hazardous wastes?
Only in the event that the hazardous substances or hazardous wastes are mixed with
oil.
Must secondary containments be provided for transfer operations (i.e., for a tanker
truck loading/unloading fuel at a facility)?
Yes. The secondary containment system should be designed to hold at least
maximum capacity of any single compartment of a tank car or tank truck loading or
unloading at the facility. This is not to say that a truck must park within a diked area
for loading/unloading. The regulation allows flexibility here for diversion structures
such as curbing or diking to channel a potential spill to a secondary containment
structure. Transfer of oil to water transportation vessels is not covered under the
SPCC regulations.
If a tank is taken out of service, what measures must a facility take hi order to be
exempt from SPCC regulations?
Any tank taken out of service must have all pipes and fittings sealed in order to be
excluded from facility storage capacity calculations. If, after the tanks are taken out
of service, the facility storage capacity is below regulatory amounts then the facility
will be exempt from the SPCC regulations.
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Do the SPCC regulations spell out design requirements for diking, curbing, etc?
The SPCC regulations require diked areas for storage tanks to be sufficiently
impervious to contain any spilled oil. All bulk storage tank installations should be
constructed so that a secondary means of containment is provided for the entire
contents of the largest single tank plus sufficient freeboard to allow for precipitation.
Containment curbs and pits are sometimes used as secondary containments, but they
may not always be appropriate.
Are double walled tanks and other alternative aboveground storage tanks satisfactory to
meet the secondary containment requirements for SPCC?
Double walled tanks may provide adequate secondary containment; however, the
valving must be designed so that accidental release from the inner tank (from such
occurrences.as an inadvertent valve opening or a failure), are completely contained
within the outer tank. The inner tank should be an Underwriters' Laboratory-listed
steel tank, the outer wall should be constructed in accordance with nationally accepted
industry standards (e.g., those codified by the American Petroleum Institute, the Steel
Tank Institute, and American Concrete Institute), the tank should have an overfill
alarm and an automatic flow restrictor or flow shut-off, and all product transfers
should be constantly monitored.
Other "alternative aboveground storage tanks," such as small tanks with an attached
shop-fabricated containment dike, with capacities less than 12,000 gallons, may be
satisfactory in meeting the secondary containment requirements for SPCC. If
"alternative aboveground storage tanks" are utilized, an SPCC Plan must still be
prepared and certified by a registered professional engineer. If the engineer does not
certify that these tanks will provide adequate secondary containment, other
containment systems must be implemented.
Must each tank, drum, or other oil storage container have individual secondary
containment?
Not necessarily. A single dike may be used for a group of containers. A dike for a
tank battery is required to contain the volume of the largest single tank within the
battery plus sufficient freeboard to allow for precipitation. The dike should be
sufficiently impervious to contain any spilled oil from the tank battery.
Should tanks be inspected by the facility? >
Yes. All aboveground tanks should be subject to periodic integrity testing, taking into
account tank design and using such techniques as hydrostatic testing, visual inspection
or a system of non-destructive shell thickness testing. Tank supports and foundations
should be included in these inspections.
Buried storage tanks represent a potential for undetected spills. A new buried
installation should be protected from corrosion by coatings. Buried tanks should at
least be subject to regular pressure testing.
! 16 :
-------
Is a partially buried tank or a tank in an underground basement or vault considered to
be underground storage?
No. To qualify as buried storage, a tank must be completely covered by earth. Tanks
that are in an underground basement or vault and those that are partially buried do not
qualify as underground storage. Buried tanks have inherent release protection from
the containing action of the surrounding earth, whereas vaulted and partially buried
tanks do not.
What authorities do states have under SPCC regulation?
Section 311 of the Clean Water Act does not permit EPA to delegate the SPCC
Program to the states. States may perform SPCC inspections at the request of the
EPA; however, the overall review process of the inspection is the responsibility of the
EPA. This review process is handled within the Regional EPA office.
*
Where can I get additional information concerning SPCC regulations?
Call or write the SPCC Coordinator as follows:
Vince Zenone, SPCC Coordinator - 3HW34
U.S. Environmental Protection Agency Region HI
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.
17
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18
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APPENDIX A
EXAMPLE SPCC PLAN
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EXAMPLE
SPILL PREVENTION, CONTROL, AND COUNTERMEASURE PLAN
TEX'S BULK STORAGE TERMINAL
100 Everspill Road
Post Office Box 311 (K)
Oily City, USA 12345
Telephone (123) 222-2222
SJ Oil Corny?
P.O. Box
Crude
CERTIFICATION: I
with the provisi
accordan
ENGi
SIGNA
•ger
ave examined the facility, and, being familiar
. 12, attest that this SPCC Plan has been prepared in
Practices.
Columbus
REGISTRATION NUMBER: 98765
STATE: Of the Union
(seal)
DATE: June 11, 1974
-------
1. NAME OF OWNERSHIP
Name:
Manager:
Owner:
Other
Personnel:
SJ Oil Company - Tex's Bulk Storage Terminal
100 Everspill Road
P.O. Box 311(K)
Oily City, USA 12345
Telephone: (123) 222-2222
Steve Bob Doe
505 Oil Road
Oily City, USA 12345
Telephone: (123)222-3333
SJ Oil Company
P.O. Box 00002
Crude City, USA 77000
Secretary-Bookkeeper
Dispatcher
Transport Driver
Delivery Personnel (3)
Service
Area:
2.
DESCRIPTIO:
North-1
Tex's Bulk Storag^arofoal ofuhe'SJ Oil Company handles, stores, and distributes
petroleum/pf^ucts^iiLthe^forn^qfjhotor gasoline, kerosene, and No. 2 fuel oil. The
accompanying drawing slfowsjht property boundaries and adjacent highway drainage
ditches, buildings'on site] and oil-handling facilities.
i-gallon vertical tanks (premium gasoline)
100,000-gallon vertical tanks (regular gasoline)
20,000-gallon vertical tanks (No. 2 fuel oil)
20,000-gallon vertical tank (kerosene)
Total: 460,000 gallons
Vehicles:
(1)
(4)
Transport truck
Tankwagon delivery trucks
-------
K STORAGE TERMINAL
COMPANY
rOO/TX/ERSPILL RDAD
^ etTX, .USA 12345
EVERSPILL R0CT
r
OIL WATER
•ifPAPAIIIP
LLGUND
v-v
EMERGrNCY
SPILL
EOUIPMEN!
BERN
DIKE
DRAINAGE
FENCE
GATE
WATER
TANKS
\ i. a, 3, * - too.oon
\ GALLONS
\ \ 5. 6, 7 - 20.000
\/ GALL HNS
>
(NOT TD SCALE)
-------
3.
POTENTIAL SPILL VOLUMES AND RATES
Potential Event
Volume Released
Complete failure 100,000 gallons
of a full tank
Partial failure
of a full tank
s
Tank overfill
Pipe failure
Leaking pipe or
valve packing
Leak during
truck loading
1 to 99,000 gallons
1 to several gallons
Up to 20,000 gallons
Several ounces
to several gallons
1 to several gallons
Spill Rate
instantaneous
Gradual to
instantaneous
Up to 1 gallon
per minute
4 gallons per
second
4.
A.
SPILL PREVENTION AND
Storage Tanks
1. Each tank; is|UL-1^2 Vronstfuotidn (aboveground use).
, is ecjmpp&l^ith a direct-reading gauge. Venting capacity is suitable
Jrawal rates.
Winds each tank installation. Each dike wall has been constructed
jfned to local, state, and Federal engineering regulations. The contained
(height versus area) is computed based on the single largest tank within
(100,000 gallons) and allowance is made for all additional vertical tank
displacement volumes below the dike height (estimated spill liquid level), and for
precipitation. A 2-inch water drain is located at the lowest point within the dike
enclosure, and it connects to a normally closed gate-valve outside the dike. The
gate valve is manually operated. Rainwater contained within this dike is
examined prior to release to ensure that harmful quantities of oil are not
discharged. '
After a fill pipe is used, a bucket is placed under it to catch any product that
might drip from the pipe.
There are no buried or partially buried tanks at this facility.
-------
B.
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 greater than the largest compartment of the largest tank truck loaded
or unloaded at this facility. Sand will be placed as needed, and any oil-
contaminated sand is disposed of properly.
8. Failsafe engineering mechanisms are in place.
a. Tanks are equipped with high-level alarms.
b. Tanks are equipped with visual gauges.
FACILITY TRANSFER OPERATIONS
1.
2.
Buried pipes are properly protected
is exposed, it is examined for detel-
Pipelines not in service oTonstand
blank-flagged, and markea\as^to th
All pipe sup
4.
5tion of buried pipe
aded period are capped or
minimize abrasion and corrosion, and
pipelrnesfand valves are examined periodically to assess their
••fc. \ \
5?\ .Warm'ng signk are posed as needed to prevent vehicles from damaging pipelines.
X\>
6.\ C^rbings'are installed at the vehicle loading racks.
5. SPILIT 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 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.
-------
6. PAST SPILL EXPERIENCE
8.
None.
SECURITY
a.
b.
c.
The bulk plant is surrounded by steel security fencing, and the gate is locked
when the plant is unattended.
Tank drain valves and all other valves that will permit direct outward flow of a
tank's contents are locked in the closed position when not in use. 3toe electrical
controls for the pumps are also locked in the closed position whe^not in use.
The loading and unloading connections of pipelines are cappe
service.
d. Two area lights are located in such a positif
storage areas.
PERSONNEL
ffice and
Facility personnel have been
prevention and countermeasure
a. No tanks or compartaie]
commencingl the nllmg
in the following spill
ed without checking reserves prior to
ration^ are to continue unless attended constantly.
tappropha{e"1oc£tions are displayed warning signs to remind personnel to
line disconnections before vehicle departures.
.
ming'has been held on oil-spill prevention, containment, and retrieval
hoas. A "dry-run" drill for an on-site vehicular spill has been conducted.
e. Instructions and phone numbers regarding the report of a spill to the National
Response Center and the state have been publicized and posted at the office.
f. Instructions and company regulations relating to oil spill prevention and
countermeasure procedures have been posted conspicuously.
-------
9. 'EMERGENCY TELEPHONE NUMBERS
A. NOTIFICATION PROCEDURES
1. Steve Bob Doe, Facility Manager
2. National Response Center
3. State Response Mechanism
B. CLEAN-UP CONTRACTORS
1. E-Z Clean Environmental
2. O.K. Engineers, Inc.
C. SUPPLIES AND EQUIPMENT
1. Oily City Equipment Co.
2. Northwestern Sorbent Co.
10. REVIEW DATES
6/08/77 (signature)
6/01/80 (signatd":
6/10/83/(sIgiiaW
(123) 222-3333
(800) 424-8802
(123) 555-2221
(123) 222-3038
(123) 222-2207
'(06/S9 (signature)
\XX
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APPENDIX B
DIKE DESIGNS
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SAMPLE DIKE HEIGHT CALCULATION
50,000
20,000
10,000
Calculations for this example:
a) minimum containment volume (mcv) = to capacity of largest tank in a tank
installation, in this example 50,000 gallons, mcv = 50000 x 0.1337 cu. ft/gal. =
6.685 cu. ft.
* factor in freeboard per local requirements.
b) dike area (proposed) Length x Width
c) dike height (proposed)
d) dike volume (dike area x dike height)
e) displacement volume (tank area x tank height of dike wall)
* Volume of tank (cylinder) = ir^h
f) effective secondary containment
dike volume - displacement volume = x
1) if x is greater than the mvc then the secondary containment may be adequate, if
sufficient freeboard for precipitation is factored in
2) if x is less than mcv, adjust the dike area n dike height accordingly, the
recalculate.
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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.
109.1 Applicability.
109.2 Definitions.
109.3 Purpose and scope.
109.4 Relationship to Federal response ac-
tions.
109.8 Development
criteria for State, local and regional oU
removal contingency plans.
109.9 Coordination.
AuTHomrrr: Sec. 1KJX1XB). 84 Stat. 98. 33
U.S.C. 118KJX1XB).
SomuK 36 PR 22488. Nov. 28.1971. unless
otherwise noted.
8109.1 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 IKJKIXB) of the
Federal Act. Executive Order No.
11548 dated July- 20. 1970 (35 PR
11677) and S 306.2 of the National Oil
and Hazardous Mater* "i* Pollution
Contingency Plan (35 PR 8511).
B 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 spolL
(b) Discharge includes, but is not
limited to. any spilling, leaking, pump-
ing, pouring, emitting, emptying, or
Humping
(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 mini-
mize or mitigate damage to the public
health or welfare, including, but not
limited to. fish, shellfish, wildlife, and
public and private property, shore-
lines, and beaches.
(d) Major disaster means any hurri-
cane. 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 rtlnanter
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 Com-
monwealth of Puerto Rico, the Canal
Zone, Guam, i*m«»rti»«m Satnfya, the
Virgin Islands, and the Trust Terri-
tory of the Pacific TaianHa
(f) Federal Act means the Federal
Water Pollution Control Act. as
amended. 33 U.S.C. 1151. et seq.
9109J Purpose and scope.
The guidelines in **«<• part establish
criteria f or the development
and implementation Of State.
and regional ir^^ngfncy plans by
State and local governments in consul-
tation with private interests to insure
timely, efficient, coordinated *nri ef-
fective action to minimise 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 pinna
shall be «"n^|fftent. with the National
Oil *rtt* Hazardous Mftt*r*ftla 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 *•**" 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
TTorarrtmig Materials Pollution Contin-
gency Plan.
§ 109.4 Relationship to Federal response
The National OU 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 aflsifrt"1"^, as required. If ap-
propriate containment or cleanup
action is not being taken by the dls-
-------
§109.5
40 CFR Ch. I (7.1-91 Edition)
charger or non-Federal entitles, the
Federal on-*cene «*>**»»*» «"ri«n- will **^f
control of the response activity in ac-
cordance with section ll(c)d) of the
Federal Act.
8109.5 Derelopment and implementation
criteria for State, local and regional oil
removal contingency plan*.
Criteria for the development •"** im-
plementation of State, local «""* re-
gional oil removal contingency plans
are:
(a) Definition of the authorities, re-
sponsibilities and duties of all persons.
or ngyn^ffff 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 «*""*'-<"g*T"*y
activities *nri to minimize the poten-
tial for conflict ***** y 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 imrintanrp from
Federal authorities operating under
existing national and regional contin-
gency plans.
(3) A preplanned location for an oil
discharge response operations center
»r»rt a reliable **>mmvnifatrlfm|i 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-
dinances.
§ 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 (b)<4) and
SOl(a). Federal Water Pollution Control
Act. as amended (33 U.S.C. 1321 (b)(3) and
(b)(4) and 1361(a»: sec. 18(m)(3) of the
Deepwater Port Act of 1974 (33 D.S.C.
1517(m)(3»: E.O. 11735. 38 PR 21243. 3 CFR
Parts 1971-1975 Comp.: p. 793.
SOURCE 52 PR 10719. Apr. 2, 1987. unless
otherwise noted,
8110.1 Definitions.
As used in this part, the following
terms shall have the meaning indicat-
ed below:
Act means the Federal Water Pollu-
tion Control Act. as amended. 33
U.S.C. 1251 et seq.. also known as the
Clean Water Act;
Administrator means the Adminis-
trator of the Environmental Protec-
tion Agency (EPA):
Applicable water quality standards
means State water quality standards
adopted by the State pursuant to sec-
tion 303 of the Act or promulgated by
EPA pursuant to that section:
Contiguous zone means the entire
zone established or to be established
by the United States under article 24
of the Convention on the Territorial
Sea and the Contiguous Zone;
Deep-water port means an offshore
facility as defined in section (3X10) of
the Deepwater Port Act of 1974 (33
U.S.C. 1502(10));
Discharge, when used in relation to
section 311 of the Act. Includes, but is
not limited to. any spilling, leaking.
pumping, pouring, emitting, emptying..
or dumping, but excludes (A) dis-
charges in compliance with a permit
under section 402 of the Act. (B) dis-
charges resulting from circumstances
identified and reviewed and made a
part of the public record with respect
to a permit issued or modified under
section 402 of the Act. and subject to a
condition in such permit, and (C) con-
tinuous or anticipated intermittent
discharges from a point source, identi-
fied in a permit or permit application
under section 402 of the Act. that are
caused by events occurring within the
scope of relevant operating or treat-
ment systems;
UARPOL 73/78 means the Interna-
tional Convention for the Prevention
of Pollution from Ships. 1973, as modi-
fled by the Protocol of 1978 relating
thereto. Annex I. which regulates pol-
lution from oil and which entered into
force on October 2. 1983;
Navigable waters means the waters
of the United States, including the ter-
ritorial seas. The term includes:
(a) All waters that are currently
used, were used in the past, or may be
susceptible to use in interstate or for-
eign commerce, including all waters
that are subject to the ebb and flow of
the tide:
(b) Interstate waters, including
interstate wetlands:
(c) All other waters such as intra-
state lakes, rivers, streams (including
Intermittent streams), mudflats, sand-
flats, and wetlands, the use, degrada-
tion, or destruction of which would
affect or could affect interstate or for-
eign commerce. including any such
waters:
(1) That are or could be used by
interstate or foreign travelers for rec-
reational or other purposes;
(2) From which fish or shellfish are
or could be taken and sold in inter-
state or foreign commerce:
(3) That are used or could be used
for industrial purposes by industries in
interstate commerce;
(d) All impoundments of waters oth-
erwise defined as navigable waters
under this section;
(e) Tributaries of waters identified
in paragraphs (a) through (d) of this
section, including adjacent wetlands;
and
(f) Wetlands adjacent to waters iden-
tified in paragraphs (a) through (e) of
this section: Provided, That waste
treatment systems (other than cooling
ponds meeting the criteria of this
paragraph) are not waters of the
United States;
NPDES means National Pollutant
Discharge Elimination System;
Off shore facility means any facility
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 section
311 of the Act, means oil of any kind
or in any form, including, but not
United 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 facility
(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 part-
nership;
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-
-------
§110.2
40 CFR Ch. I (7-1-91 Edition)
eign nation, except when such vessel is
engaged in commerce;
JSheen 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 Common-
wealth of Puerto Rico, Guam, Ameri-
can Samoa, the Virgin Islands, and the
Trust Territory of the Pacific islands;
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 dura-
tion 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.
6110.2 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 § 110.11 of this part.
0 110.3 Discharge into navigable waters of
such quantities u 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.
9 110.4 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.
9 110.5 Discharge beyond contiguous zone
of such quantities as may be harmful.
For purposes of section 31Kb) 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 Management 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 § 110.7, 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.
9110.6 Discharge prohibited.
As provided in section 311(b)(3) 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 Si 110.3.
110.4. and 110.5. except as the same
may be permitted in the contiguous
zone and seaward under MARPQL 73/
78. Annex I. as provided in 33 CFR
151.09.
fi 110.7 Exception for vessel engines.
For purposes of section 311(b) of the
Act, discharges of oil from a properly
-------
Environmental Protection Agency
§110.10
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 dispersants or emulsifi-
ers to oil to be discharged that would
circumvent the provisions of this pan
is prohibited.
§ 110.9 Demonstration projects.
Notwithstanding any other provi-
sions of this pan. 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 eil 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 Cm-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
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 pan 153.
subpan B and in the National Oil and
Hazardous Substances Pollution Con-
tingency Plan, 40 CFR pan 300. sub-
pan 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 I.
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APPENDIX E
40 CFR PART 112
-------
40 CFR Ch. I (7-1-91 Edition)
PART 112—OIL POLLUTION
PREVENTION
Sec.
112.1 General applicability.
112.2 Definitions.
112.3 Requirements for preparation and
Implementation of Spill Prevention Con-
trol and Countermeasure Flans.
112.4 Amendment of SPCC Plans by Re-
gional Administrator.
112.5 Amendment of Spill Prevention Con-
trol and Countermeasure 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 Countermeasure Plan.
APPENDIX—MmORANDDU or UNDERSTANDING
BlJWUN THE SECRETARY OF TRANSPORTA-
TION AND THt ADMINISTRATOR OP THE EN-
VIRONMENTAL PROTECTION AGENCY
AUTHORITY: Sees. 31KJX1XC), 311UX2),
SOKa). Federal Water Pollution Control Act
(sec. 2. Pub. L. 92-500. 86 Stat. 816 et seq.
(33 U.S.C. 1251 et seq.)): sec. 4(b). Pub. L.
92-500. 86 Stat. 897; S U.S.C. Reorg. Flan of
1970 No. 3 (1970). 35 PR 15623. 3 CFR 1966-
1970 Comp.; E.O. 11735. 38 PR 21243. 3
CFR.
Sooner: 38 PR 34165. Dec. 11.1973. unless
otherwise noted.
8112.1 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
adjoining 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 chapter, into or upon the
navigable waters of the United States.
or adjoining shorelines.
(c) As provided in section 313 (86
Stat. 875) departments, agencies, and
Instrumentalities of the Federal «rov-
ernment are subject to these regula-
tions to the same extent as any
person, except for the provisions of
{112.6.
..(d) Tuls part does not apply to:
-d) 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 lorattlon, could not
reasonably be expected to discharge
ofl into or upon the navigable waters
of ;ihe ..United States or adjoining
phnr»nnx« Thin determinatlczfc •ti«n
be based solely upon a «ywMi*t»f>tiim
of the geographical, tocatlonal aspects
of the faculty (such as proximity to
. navigable waters or adjoining shore-
lines. land contour, drainage, etc.) and
•HUH 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
PR 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 Countermeas-
ure Plans prepared in accordance with
S 112.7. designed to complement exist-
ing laws, regulations, rules, standards.
policies and procedures pertaining to
safety «*""<«•*«, fire prevention and
pollution prevention rules, so as to
form- a comprehensive balanced Feder-
al/State spill prevention program to
potential for oil dis-
charges. Compliance with **>** 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.
138 PR M165. Dec. 11. 1973. at amended at
41 PR 128S7. Mar. 28. 1976]
Ollt2 Deflnitiona,
For the purposes of this part:
(a) OU 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 lim-
ited to. any spilling, leaking, pumping.
pouring, emitting, emptying or dump-
Ing. For purposes of this part, the
term discharge shall not include any
discharge of oil which is authorized 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 sec-
tions 402 or 405 of the FWPCA
Amendments of 1972 (86 Stat. 816 et
seq.. 33 U.S.C. 1251 et seq.).
(c) Onshore facility means any facill-
-------
Environmental Protection Agency
§1124
ty of any kind located in. on. or tinder
any land within the United States.
other than submerged lands, which is
not a transportation-related facility.
(d) Offshore facility means any facil-
ity of any kind located in. on, or under
any of the navigable waters of the
United States, which is hot a transpor-
tation-related facility.
(e) Owner or operator means any
person owning or operating an on-
shore facility or an offshore facility.
and 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 applied to an
onshore or offshore facility, are 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
PR 24080.
a) Spill event means a discharge of
oil into or upon the navigable waters
of the United States or adjoining
shorelines in harmful quantities, as
defined at 40 CPR part 110.
(j) United. States means the States.
the District of Columbia, the Com-
monwealth of Puerto Rico, the Canal
Zone. iGuam, American Samoa, the
Virgin Islands, and the Trust Terri-
tory of the Pacific Islands.
(k) The term navigable waters of the
United States means navigable voters
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 contriv-
ance used, or capable of being used as
a means of transportation on water,
other than a public vessel
811Z3 Requirement* for preparation and
implementation of Spill Prevention
Control and Coontermeaiure Plans.
(a) Owners or operators of onshore
and offshore facilities in operation on
or before the effective date of this
pan 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
Plan (hereinafter "SPCC Plan"), in
writing and in accordance with J 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 S 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 icsPCC
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 Plan 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 *«"""<«"• with the pro-
visions of ***** part, shall attest that
the SPCC Plan 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
-------
§112.4
40 CFR Ch. I (7-1-91 Edition)
his duty to prepare and fully imple-
ment such Plan in accordance with
i 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 nlan beyond the time per-
mitted for i.:ie 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
Plan. If completed:
(11) A full explanation of the cause
tor any such delay and the specific as-
pects of the SPCC Plan affected by
the delay.
(ill) A full discussion of actions being
taken or contemplated to ™»"«n*«»« or
mitigate such delay;
(iv) A proposed time schedule for
the Implementation of any corrective
actions being taken or contemplated.
including Interim dates for completion
of tests or studies, installation and 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 i 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 1112.3 (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. 19761
§ 112.4 Amendment of SPCC Plans by Re-
gional Administrator.
(a) Notwithstanding compliance
with § 112.3. whenever a facility sub-
ject to § 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
-------
Environmental Protection Agency
§112.4
dlity.
(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 «npnrimpnt 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 amendment
to the SPCC Plan, he shall notify the
facility operator by certified mall 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 g»»ftii notify
the facility owner or operator of any
amendment required or shall rescind
the notice. The amendment required
by the Regional Administrator shall
become pan 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 facility shall
Implement the amendment of the
Plan as soon as possible, but not later
than gix months after the
becomes part of the Plan. .unless the
Regional Administrator specifies an-
other date.
(f ) An owner or operator may app-al
a decision made by the Regional Ad-
ministrator requiring an «"ri«*nrim»nt.
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 """"^"^uti A com-
plete copy of the appeal must be sect
to the Regional Administrator at the
time the appeal is IT""** The appeal
ahall contain a clear and concise state-
ment of the issues and points of fact
in the ease. It may also contain addi-
tional information from the owner or
operator, or from any other person.
The Administrator or his designee
may request additional information
from the owner or operator, or from
any other person. The Administrator
or his designee shall render a decision
within 60 days of receiving the appeal
and shall notify the owner or operator
of his decision.
C38 PR 34165. Dec. 11. 1973. as amended at
41 FR 126S8. Mar. 26.1976]
91124 Amendment of Spill Prerention
Control and Countermeasure Plans by
owners or operators.
(a) Qwners or operators of facilities
subject to S 112.3 (a), (b) or (c) shall
amend the SPCC Plan for such facility
in accordance with § 112.7 whenever
there is a change in facility design.
construction, operation or mainte-
nance which materially affects the fa-
cility's potential for the discharge of
oil into or upon the navigable waters
of the United States or adjoining
shore lines. Such amendments shall be
fully implemented as soon as possible.
but not later than six months after
such change occurs.
(b) Notwithstanding compliance
with paragraph (a) of this section.
owners and operators of facilities sub-
ject to S 112.3 (a), (b) or (c) shall com-
plete a review and evaluation of the
SPCC Plan at least once every three
years from the date such facility be-
comes subject to this part. As a result
of this review and evaluation, the
owner or operator shall amend the
SPCC Plan within six months of the
review to include more effective pre-
vention and control technology if: (1)
Such technology will significantly
reduce the likelihood of a spill event
from the facility, and (2) if such tech-
nology has been field-proven at the
time of the review.
(c) No amendment to an SPCC Plan
shall be effective to satisfy the re-
quirements of this section unless it
has been certified by a Professional
Engineer in accordance with
9112.3(d).
9 112.6 Civil penalties for violation of oil
pollution prevention regulations.
Owners or operators of facilities sub-
ject to S 112.3 (a), (b) or (c) who vio-
late the requirements of this part 112
by failing or refusing to comply with
any of the provisions of S 112.3, S 112.4
or 1112.5 shall be liable for a civil pen-
alty of not more than $5,000 for each
day such violation continues. Civil
penalties shall be imposed in accord-
ance with .procedures set out in part
114 of this subchapter D.
(Sees. 31UJ). SOl(a), Pub. L. 92-900. 86 Stat.
868. 885 (33 D.S.C. 132KJ). 136Ua>»
[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 erglneering practices.
and which has the full approval of
management at a level with authority
to commit the necessary resources. If
the plan *»"-« for additional facilities
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§11Z7
40 CFR Ch. I (7-1-91 Edition)
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 conform an ce 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 as a minimum*
(1) Onshore facilities:
(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;
(vii) Sorbent materials.
(2) Offshore facilities:
(1) Curbing, drip pans;
(11) Sumps and collection systems.
(d) When it is determined that the
installation of structures or equipment
listed in i 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 expeditiously control and
remove any harmful quantity of oil
discharged.
(e) In addition to the minimal pre-
vention standards listed under
{ 112.7
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, ihese
should be manually activated and the
condition of the accumulation should
be examined before starting to be sure
no oD will be discharged into the
water.
(11) Flapper-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, opcn-and-closed design. When
plant drainage drains directly into
water courses and not into wastcwater
treatment plants, retained storm
water should be inspected as provided
in paragraphs (e)(2)(iii) (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
it to the faciUty. 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 lonshore); lex-
eluding production facilities), (i) 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 catchment basin or holding
pond.
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Environmental Protection Agency
§112.7
(111) 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
reseated 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 burled tanks
should at least be subjected to regular
pressure testing.
(v) Partially buried metallic tanks
for the storage of oil should be avoid-
ed, uniaaq 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.
taking into account tank 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.
(vii) 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.
(vili) 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-
viding 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 stiff ice.
(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.
(ix) 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 operations,
pumping, and in-plant process (.on-
shore); (excluding production facili-
ties). (1) Buried piping Installations
should have a protective wrapping and
coating and should be cathodically
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.
(11) 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 mtnttnfa» 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
-------
§112.7
40 CFR Ch. I (7-1-91 Edition)
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). (1)
Tank car and tanir 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 mn-rimnm capacity of any single
compartment of a tank car or tank
truck loaded or unloaded in the plant.
(Hi) An interlocked warning light or
physical barrier system, or warning
signs, should be provided in .loading/
unloading areas to prevent vehicular
departure before complete disconnect
of flexible or fixed transfer lines.
(iv) Prior to tnung 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.
adjusted, or replaced to prevent liquid
leakage while in transit.
(5) Oil production facilities (on-
shore)—(i) Definition. An onshore pro-
duction facility may Include all wells.
flowlines, separation equipment, stor-
age facilities, gathering lines, and aux-
iliary non-transportation-related
equipment and facilities in a single
geographical oil or gas field operated
by a single operator.
(11) Oil 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 J 112.7(c)(l) 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)(ili) (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(c)(l). Drainage from
undiked areas should be safely con-
fined in a catchment basin or holding
pond.
(C) All tanks containing oil should
be visually examined by a competent
person for condition and need for
maintenance on a scheduled periodic
basis. Such examination should in-
clude the foundation and supports of
tanks that are above the surface of
the ground.
(D) New and old tank 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:
(2) 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 fatnir.
(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.
-------
Environmental Protection Agency
§112.7
a blowout prevention (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.
(7) Oil drilling, production, or work-
over facilities (.offshore). (1) Definition:
"An oil drilling, production or wor-
kover facility (offshore)" may include
all drilling or workover equipment.
wells, flowllnes, gathering lines, plat-
forms, and auxiliary nontransporta-
tlon-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. fami»8_ 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.
(ill) 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.
(vii) Tanks should be equipped with
suitable corrosion protection.
(viil) 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.
rnnnnni or remote control mecha-
nisms. Detailed records for each well,
. while not necessarily pan of the plan
should be kept by the owner or opera-
tor.
(xi) Before drilling below any casing
string, and during workover operations
& 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
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 chr'Jc valves on indi-
vidual flowlines.
(xv) If the shut-in well pressure is
greater than the working pressure of
-------
§1117
40 CFR Ch. I (7-1-91 Edition)
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.
(xvil) 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-manne 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 pan should be
in accordance with written 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 pan 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 m a non-operating or non-
standby status.
(iv) The Ift9*1lng/vi'l*"nf*1ng 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 inen 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 darkness, both
by operating personnel. If present, and
by non-operating personnel (the gen-
eral public, local police, etc.) and (B)
prevention of spills occurring through
aCtS Of
(10) Personnel, training and spill
prevention procedures, (i) Owners or
operators are responsible for properly
instructing their personnel in the op-
eration and maintenance 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
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 or UNDER-
STANDING BETWEEN THE SECRETARY
or TRANSPORTATION AND THE AD-
HIIIXSTRATOR OP THE ENVIRONMEN-
TAL PROTECTION AGENCY
SECTION n—DxrxNrnoiis
The Environmental Protection Agency
and the Department of Transportation
agree that for the purposes of Executive
Order 11548. the term:
(1) "Non-transpoitation-related onshore
and offshore faculties" 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 associated
with, the handling-or transferring of 011 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 faculties are fixed In position for the
purpose of drilling operations for explorato-
ry or development wells, but excluding any
terminal facility, unit or process integrally
associated with the *"""'"(r 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 *"rt appurte-
nances related thereto, as well as completed
weus and.the wellhead separators, oil sepa-
rators, and storage faculties used In the pro-
duction of oil. but excluding any terminal
facility, unit or process integrally associated
with the handling or transferring of oil m
bulk to or from a vessel.
(D) Mobile onshore and offshore oil pro-
duction faculties Including all equipment
and appurtenances related thereto as well
as completed wells and wellhead equipment.
piping from wellheads to oil separators, oil
separators, and storage facilities used In the
production of oil when such mobile facilities
are fixed in position for the purpose of oil
production operations, but excluding any
terminal facility, unit or process integrally
associated with the handling or transferring
of oil In bulk to or from a vessel.
(E) Oil refining 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 faculty.
unit or process integrally associated with
the handling or transferring of oil in bulk to
-------
Environmental Protection Agency
Pt. 112, App.
or from a vessel.
(F) Oil storage facilities 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 facility, unit or process Integrally as-
sociated with the handling or transferring
of oil in bulk to or from a vessel.
(C) Industrial, commercial, agricultural or
public facilities 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 intruding
in-plant pipelines, effluent discharge lines.
and storage tanks, but excluding waste
treatment facilities located on vessels and
terminal storage tanks and appurtenances
for the reception of oily ballast water or
tank washings from vessels and associated
fystems used for off-loading vessels.
(I) Loading racks, transfer hoses, loading
anna and other equipment which are appur-
tenant to a nontransportation-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-
portation-related facility and which are not
intended to transport oil in Interstate or
intrmstate commerce.
(K) Pipeline systems which are used for
the transport of oil exclusively within the
confines of a nontransportation-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 » vessel.
..(2) "Transportation-related onshore and
offshore facilities" f^rm:
(A) Onshore and offshore terminal facili-
ties including transfer hoses, loading arms
and other equipment and appurtenances
used for the purpose of *»MiHHTig or trans-
ferring oil in bulk to or from a vessel as well
aa storage tanks and appurtenances for the
reception of oily ballast water or tank wash-
ings from vessels, out excluding terminal
waste treatment facilities and terminal oil
storage facilities.
(B) Transfer hoses, loading arms and
other equipment appurtenant to a non-
transportation-related facility which is used
to transfer oil in bulk to or from a vessel.
(C) Interstate and intrastate onshore and
offshore pipeline systems including pumps
and appurtenances related thereto as well
as in-line or breakout storage tanks needed
for the continuous operation of a pipeline
system, and pipelines from onshore and 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 nontransportation-
related facility or terminal facility anc
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 nontransportation-related facility or
terminal facility and which are not Intended
for use in interstate or Intrastate commerce.
-------
APPENDIX F
33 CFR PART 153.201
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THIS PAGE INTENTIONALLY LEFT BLANK
-------
33 CFR Ch. I (7-1-92 Edition)
Subport B—Notice of the Discharge
of Oil or a Hazardout 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.
§ 15&203 Procedure for the notice of dis-
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-
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.
CCGD 84-067. 51 PR 17966. May 16. 1986. as
amended by CGD 88-052. 53 PR 25121. July
1.1988}
§ 153.205 Fines.
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:
1 ......
II
III
IV...
V
VI.....
VII _
VIII...
IX
K „
Address
Telephone
EPA Regional Offices
Jonn F. Kennedy Federal Blag..
Boston. MA 02203.
26 Federal Plaza. New York, NY
10278.
841 Chestnut Street Philadel-
phia. PA 19107.
345 Cournano Street. NE. Atlan-
ta. QA 30365.
230 S. Dearborn Street 13m
Floor. Chicago. IL 60604.
1445 Ron Ave.. 12m Floor.
Suite 1200. Dallas. TX 75202.
726 Minnesota Avenue. Kama
City. KS 66101.
999 18m St. Suite 500. Denver.
CO 60202-2405.
215 Fremont Street San Fran-
0000. CA 94105.
1200 6tn Avenue. Seattle. WA
98101.
617-565-3715
212-264-2525
215-597-9800
404-347-4727
312-353-2000
214-655-6444
913-236-2800
303-293-1603
415-974-6071
206-442-5810
Coatt Guard District Office*
Diaoict
1«_
2nd-
sm_
7lh._
em_
9th_
.1101.
ism.
140V
trm.
408 Atlantic Ave.. Boston. MA
02110-2209.
1430 Olive St. St Louis. MO
63103.
Federal Bkjg.. 431 Crawford St.
Portsmouth. VA 23705-5004.
Federal BUg.. Room 1221. 51
S.W, 1st Ave.. Mian. FL
33130.
Hale Boggi Federal BMg.. 500
Camp St. New Orleans. LA
70130-3396.
1240 East 9m St. Cleveland.
OH 441 99.
union Bank BMg.. 400 .Ocean-
gate. Long Beach. CA 90822-
S399.
Federal Bkfe. 915 Second Ave..
Seattle. WA 98174.
Pnncn KeVOTeWoM Fvdwt
BWg.. 300 Ala Moana Blvd..
9tn Floor. Honolulu. HI 96650.
P.O Box 3-5000. Junaau. AK
99802.
617-223-8444
314-425-1655
804-396-6636
305-536-5651
504-5894901
216-522-3919
213-499-5330
206-442-5650
608-541-2114
907-586-7195
TABLE 2—STANDARD ADMINISTRATIVE RE-
GIONS OF STATES AND CORRESPONDING
COAST GUARD DISTRICTS AND EPA REGIONS
States and EPA region
Region I:
Mane..
All •xc«0t Nomtw*st*m portion.
North WVBIOI ii porDon ..«.»..«•«»»»•••«
Masaacnusens.
Connecticut..
Rhode island..
Region II:
New York:
Coastal area and E*
Great takes area and other portions..
New Jersey:
Upper portion...»».......« ...»»...
Lower portion..
Guard
1st
1st
1st
1st
1st
1st
1st
1st
9tn
1st
5th
-------
Envira
TABLE 2—STANDARD , ADMINISTRATIVE RE-
GIONS OF STATES AND CORRESPONDING
COAST GUARD DISTRICTS AND EPA RE-
GIONS—Continued
Sum end EPA region
PljQftQ flfCO.MM...iiiii-'"i'TTr..rlTl-t~. ••*.«»......
Viratn isunds u.,.., .«««. .*«»». . ,....,... ....
Region III:
Eastern portion ..............................................
• Great Lanes •rw«»«-«.™™«.«.™«
Wana
Otmci ol Cotumtni
R»gjon IV:
Ktntuchy
Tmnm"""
Q«oro>i
Ftondc
Attanoc tnd Gutf ootttt...-
AlMMma:
Soutfwm . . .. r— TT....-T
Minia^jni
•^r^^tm
R«9onV:
M»i»««ota:
Great I ihn ma
Wttoontvc
GfMt 1 ihtt trti * n
NtottK
GrMt LW««r*«
mcMra:
Grnt iaftn «r-*
OMo:
O«t*t Ir*-- r*"*
Region VI:
T-«.
IniaMni
R^on VII:
R«gnn VUI:
iiteh
A^onlX:
Nwndii
Ruim
Arrwnein Samoa ,.„.,, ,-,,,,,r,,.
. Trust Twmory ol ttw Piohc l«ttno».... .'....
Regan X: .
Oregon.'
Idaho '
Alatu
Coast
Guard
as mci
7tn
7tn
Sin
9th.
5th
Sth
2nd
Sth
sm
2nd
2nd
Sth
7ih
7th
7th
8th
tin
2nd
8m
2nd
9th
2nd
em
2nd
0th
Bth
2nd
8th
2nd
0m
2nd
Bth
8th
2nd
2nd
Sth
2nd
2nd
2nd
2nd
13tn
2nd
nth
2nd
2nd
2nd
11th
I4tn
14m
urn
13m
1 13th
I ism
1 17tn
[CGD 84-067. 51 FR 17967. May 16. 1986. as
amended by CGD 88-052. 53 FR 25121. July
1. 19881
-------
PART 114—CIVIL PENALTIES FOR
VIOLATION OF OIL POLLUTION
PREVENTION REtfULAfiONS
Noif-TRAifsronmon RZUXZD OHSBOBX um
OFFSHORE PACXLXXXXS
Sec.
114.1 General applicability.
114.2 Violation.
114.3 Determination at penalty.
114.4 Notice ot Violation.
114J5 Request lor hearing.
114.6 Presiding Officer.
114.7 Consolidation.
114.8 Preheanng conference.
114.9 Conduct of hearing.
114.10 Decision.
114.11 Appeal to Administrator.
AUTBOXITT: Sees. 31KJ). SOKa). Pub. L.
92-500. 86 SUt. 868. 885 (33 U.S.C. 1321CJ).
Souxcc 39 PR 31602. Aug. 29. 1974. unless
otherwise noted.
NON-TRANSPORTATION RELATED
ONSHORE AND OITSBORX FACXL
§ 114.1 Geneni appiieabUitr.
Owners or operators of facilities sub-
ject to 5 112.3 (a), (b) or (e) of this sub-,
chapter who violate the requirements
of Pan 112 of this Subchapter D by
failing or refusing to comply with any
of the provisions of 5 11Z3. 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 «"«»««•«*
and compromised in accordance with
this pan. No penalty shall be assessed
until the owner or operator shall have
been given notice and an opportunity
for hearing in accordance with this
.pan.
9114.2 Violation.
Owners or operators of faculties
shall be liable for a civil penalty for
noncompllance with the requirements
of Pan 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 SFCC plan certified by a
Registered Professional .Engineer as
required by $ 112.3 of this subchapter;
(c) Implement the SPCC plan as re-
quired by i 112J of this subchapter;
(d) Submit information after a spill
as required by $ 112.4 of this subchap-
ter;
(e) Amend plan as required by
§ 112.4 of this subchapter
(f) .Implement amendment- as re-
quired by { 112.4 of this subchapter;
(g) Amend plan after change in facil-
ity design as required by i 112.0 of this
subchapter
(h) Review plan every three years as
required by § 112^ of this subchapter.
(1) Amend plan after review as re-
quired by S 112£; or
(J) Have amendment certified as re-
quired by 5112.5 of this subchapter
nnH implemented.
9114J Determination of penalty.
(a) In determining the amount of
the penalty to be BBnfigfrt 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 nh«>n 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 mMimnm penal-
ty;
(d) Amount of the proposed civil
penalty;
(e) The right to present written ex-
planations, inf ormatlon°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:
-------
Environmental Protection Agency
(f) Manner of the pay»r?-.t c* ary
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 Reqnen 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-
tact. 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.
9114.6 Preridin* Officer.
The hearing shall be conducted by
the Presiding Officer. The Regional
Administrator *"*y designate «ny 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.
§114.7 Consolidation.
The Presiding Officer may. in his
discretion, order ffornol^"^"" of
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 designst* 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.
9114JJ 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 "^"^""^^ff;
(b) Disputed issues of fact:
(c) Hearing procedures Including
submission of oral or written tf*ttimn.
ny and the time allotted for oral argu-
ments; nnr|
(d) Any other matter which may ex-
pedite the hearing or aid In disposition
of any issues raised therein.
§ 1143 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 trie 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 Deeuion.
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 aswming the civil penalty
the Presiding Officer shall consider
the factors set forth in i 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 (IS) 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.
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
APPENDIX G
40 CFR PART 114
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
Wednesday
November 4, 1992
Part V
Environmental
Protection Agency
40 CFR Part 112, tt lL
CtvU Penalty Provisions for the Oil
Pollution Prevention Regulations, Clean
Water Act Notification Provision and
Prohibition Against Unauthorized
Discharges of OH and Hszardous
Substances; Interim Final Rule
-------
S2704 Federal Ragfrtor / Vol. 37. No.'214 / Wednesday. November 4. 1992 / Rule* and Regulations
DMROMalCMTAI. PROTECTION
AGENCY ,;.-.--xr.-w.^'.K_>. ,..
40 CFA Pwt» 112, ,114 and t17
CMI tonafty ProvuMna tor the Oil
Pollution Prevention Regulation*,
Own Water Aet NotMcetton Prevtolon
and ProhlbMon Afarfnat Unautftortxod
Discharge* of ON and H*aardou*>
Subatanca*
AOINCT: Environmental Protection
Agency. • •• •
Interim final rule.
SUMMAKV: The Environmental Protection
Agency (EPA) today publishes «n
Interim final rude which limit* the
applicability of the administrative
penalty assessment provisions of tht
Agmey'i regulation* on oil pollution
prevention and nportable quantities for
hazardous substance*. Thesa provision*
m being amended in light of new
authorities for the aiMacment of civil
•dniinUrtratlve and )udicial penalties
under the OH Pollution Act (OPA).
OATW ESacti v« data; lite, tatanm final
rule shall be effective November 4. 1992.
Comments: EPA will accept past-
publication comment* until December 4.
1902.
AOOMUSfSt Person* may mail two
cople* of all comment* oa this interim
final rule to Cecilia L Smith. Office of
Waste Program* Enforcement (OS-no),
Eirvironmatuat Proteetioa Agency. 401 M
Street SW.. Washington. DC 204WL The* •
administrative tacocd of this *M'*miKi^g.
i* available and person* may inspect
comment* at tot above addmax
Cecilia J-SariUuQgoa. of Waato .......
Progruis?ElBfbMentinYS903G. *
Environmental Proiarllnn Agency. 401 M
Street 3W, Washington, DC 20400, (703)
603-8943.
LPraaabla
Oil Pollution Prevention Reguhtiont
The civil penalty provision of the oil
pollution prevention regulation* (40 CFR
112.6). and the related civil penalty
prevision* and procedures at 40 CFR
pan 114 were promulgated in 1974
pursuant to ration 3ll(j) of the Federal
Water Pollution Control Act. 33 U.S.C-
1321. alio known at the Clean Water
Act (CWA) (39 FR 31602. August 29.
1974). Part 112 aets out. for onshore and
offshore n on- transportation-re la ted
facilities. requifraant* designed to
prevent discharges of oil into "navigable
waters and adjoining shoreline*." 40
CFR UZaVaad 1MJ each provide mat *
vHobtteaftoi taeoJi pollution prereBtJoa.'
regulation* may result in the assaeaaaent
of an administrative penalty of ne» *BOf*v
than $94)00 per day of violation. 49GFR ••':"
112.6 and 114.1 are based on autbnrity nV1;
CWA section 31l(j)(2). which, baton ita ,
araeodmeht by the Oil Pollution Aet of • •
1990 (OPA). limited dvil penaltiaa ,-*vsp
assessed for violation* of regulation*) ...
issued under section 3ll(J) to "not more r-
than $94)00 for each such violation.* ••-
The OPA repealed CWA NCtion '
311U)(2) and amended CWA section
311(b)(«) to provide that violator* of '
CWA MCtion 311(1) may be aaaeaaed a
Clas* 1 penalty of up to $104X30 par /
vioUtion (up t» a maximum e**e*aBe*t •:•
of $294)00). or a Cla** U penalty ef op to
$10.000 per day of violation (up to »
maximum assessment of $129.000).'..
Further, section 311(b)(6) now provide* '
for different administrative proccoding* .
for the** two cla**e* of pemutiaa.
Retpondent* in Cla** I case* are-given a
reasonable opportunity to be heart and .:
to present evidence, but the healing
need not meet the requirement* of the
Administrative Procedure Act (APA) for
formal adjudication* (5 U.S.C. 994), •
Cla** 0 hearings, however, are on the
ncnrdand subject to 9 U.S.C. 984.
A* a muM of th* savings pravfafofti*. •
section $001 of the OPA, | f 1124 and
114.1 continue in effect until repealed,
amended or superseded. Today'*
regulajion amand*40 CFR 1124 and
114J. by naJdng them applicable caff to
violation* occurring prior to Augoct M,.
MOO, tna date o/enactment of tha OIL
PottotkosiAet ..
Tha OPA alaa amended CWA *ect*»
3ii(b) to pfovida for the ludidai
atvatamaat of dvil penalties of up to
-SOjDOftpa day of violation."
or both." A* a rasulLof the .
provision In section 6001 of the
OPA. 40 CFR 117.22(a) continues In
«fleet until repealed, amended, or
aopenadad. Today** regulation amend*
1 iTOga) by makiaf it applicable only
to vfelatioiu occurring prior to August
1611990. the data of enactment of the Oil
PolatlonAct,
40 CFR 117 generally eitabllihaa tne .
reportabla quantitfe* for haxardoa* '
*abc4aneea.d«tignated under 40 CFR m.
for pvipoea* of CWA section 31L 40 • '•
CFR lira »*t* out the nodflcatton
requUeuient for dtacharge* of dsHgnaiail
haurdous substance* pursuant to CWA '
section 811(b)(8). 40 CFR 117.22{a).' • '
provide* that vielatlond) of the
notification requirement may reidt to a
fine of not more than SlO.OOO or .
imprisonment for not more thia oca-
year, or both. 40 CFR I17.22(a) is baaed
on language In former CWA section.
3ll(bU5). which was later amended by~
the OPA. Section 4301 of the OPA
amended CWA section 3ll(b)(S) to
provide that any criminal penalty for >
violation of the notification reqummit
in CWA section 3li(b)(S) be "in
accordance with title 18. United States
Code, or imprisoned for not more thavS
Afaintt Unauthorized
*40 CFR 117 J2(b) provide* that an
owaer, operator or a person in charge of
a reesel or facility that ha* discharged a
designated hazardous lubttuce
axoatdtaf ma reportabla quantity may
be subject to a civil administrative
peaalry assessment of up to S9.000 per
violation. The regulation also states that
the Agency may pursue a judicial dvil
penalty action, leaking up to $604)00 per
violation: where the discharge resulted
from willful negligence or willful
misconduct the maximum Judicial dvil
penalty U $29X1 aoay be assaaaed a Class I
penalty «f up to $10.000 per violation (up
to a maxtaum aisasanunt of $25.000) or
a das* n penalty of up to $10.000 per
day of violation (up to a maximum
asaasamaol of $12$4XM).
A* a remit of the aaving* provision in
•action 0001 of the OPA. 40 CFR 117.22
in affect until repealed.
oded or superseded. Today's
regolition amends 40 CFR 117^2 by
naking It applicable only to violations
occurring prior to August IB, 1990. the
data of enactment of the Oil Pollution
Acs.
Section 4301 of OPA also added CWA
jecttou $ll(b)(7), which provides for the
Judicial assessment of civil penalties for
riolatiow of CWA teotion 311(b)(3) of
up to "3254)00 per day of violation" or
op to "$1.000 per barrel of oil or unit of
importable quantity of hasardou*
. substance*." For violations of section
' 312(b)(3) that are a result of gross
negligence or willful misconduct, the
violator now I* *ub|eet to a dvil penalty
ol "not IMS than $100.000 and not more
than $3.000 per barrel or oil or unit of
reportabie quantity or hacardous
discharged."
-------
Eedaral R«gutar / Vd. 57. No. 214 / Wedneadiy. November 4. 1892 / Rdee and aegalaticJi S27QS
Congrau death/ Intended that
violation ol teeil poUatiea prevention
regBMUfaneJK VtOBSJkSO M tfift eeCtlOO
3UfbKa> amigajakjei ievnflrem«nt.and;
viola tioa*o/tft«pcQfc*Qfiianeg*ffiat
unauthorized dtedwgeB tax aecrtaai
3tttfiB3).occBBt&9ail0 the OPA a
ifraaaeworktbao, •
previoueir utea'tfae eaee. FunharBear*.
the OPA esteblishes procedure* that
dlffec fton tkoea sal forth in 40 CFR 114.
The Ajeaey* latent under 4G CFR pacta
112,114 aad 117 ha* alway* been to
alloew civii faulty assessment* up to-
the maxuBUB amount allowed under the;
statuta.lalighiaf the recant statutory
fmtBge to thai maximum amount of civil
pmaittee. provided tor violations of
CWA section 3V1(}} regulation*. CWA
section 9!1(b)f9} and CWA section
311 (bJfSJ1, me Agency's existing
regulation* on thnrmatterneed to be
changed to conform to the statutory
amendments, Toe Agency believes that
such a conforming change reflecting.
explicit Congressional inient does not
warrant notice end opportunity for
comment under the Administrative
Procedure Act and that there it good
cause for publishing thi* rate In interim
final form. For the same reason, the
Agency believes there is good cause for
making the rule effective immediately.
Consequently, this rule is published as
an interim final rule amending 40 CFR
112.8.114.1 and 117.22 with regard to
any violations occurring after the date of
the OPA's enactment (August 18.1990).
40 CFR 112.8.114.1 and 117.22 still apply,
however, to violations that occurred
prior to August 18.1990.
Intirim Procedures
result of today's interim fuel
rule, then will be no promulgated ruiaa
containing procedures for aaseaslng
administrative penalties for CWA
Section 311 regulatory violations or
violations of section 3ll(b)(3) occurring
after August 18.1900. The Agency,
however, will use two existing sets of
procedures es guidance until it
completes a rulemeking to implement
the new CWA penalty provisions. For
Class I penalties, the Agency will follow
generally the procedures set forth in the
recently proposed 40 CFR 28. Non-APA
Consolidated Rules of Practice for
Administrative Assessment of Civil
Penalties (56 FR 29996. |uly 1.1991).
The» procedures will be used as
guldanoe until the regulation is
published in the Federal Register as
final, at which time they will have the
force of law. For the essessment of
CWA section 311 Class II penalties, the
Agency intends to use a* guidance-the
Consolidated Rule* of Practice
Governing the. Administrative
Assaasaeni of Civil Pe&eUlee, and tha
RevoeatioAor Suepeosioaof Permits at
40 CFR 22.40 CFR 22 satitfiee the
reqttintBeat» el the APA for
adfedlcttoix bearing* os tfar wcord. Tha
AgaBey intends in t&* sear futnre 10
amend; 4ft CFft 2* to incorporate, the
OPA Amendments tame CWA,
IL Pioceduni RaqidrameaU
A. Havre* Umfer&neutrrr Order
Executtwt Order, No. 12281 reqaires
that ail Proposed aad finaj reguiatiOAa
be classified as major or non-major
rules. The Agency has determined thai
thie final rule ta not a major rate under
Executive' Order 12291 because It will
not result in any of me impeete-
delineated fa the Executive Order.
& Rtvttw Uadtr th* Regulatory
Flexibility Ael
The Regulatory Flexibility Act of TWO.
S U.S£. 601 et attf. requires that a
Regulatory Flexibility Analysis be
perfbrmee* ferall ruler that are iiker/ to
haw "sigoiflcant economic impact on a
substantial Dumber of smaQ entftles."
This regulation will not impose
significant costs on any small entities. •
The overall Impact on small entities is
expected to be flight. In addition, the
rule Is procedural and does not impose
additional regulatory requirements on
small entitles. Therefore, as required by
the Regulatory Flexibility Act EPA
hereby certifies that this final rule will,
not have a significant impact on small
entities.
C Rtviaw Undtr tht Paperwork
Reduction Act
Thie rule does not contain any
information collection requirements
subject to OMB review under the
Paperwork Reduction Act of 1960-(44
U.S.C. 3501 it seq.)-
ITI. Additional Opportunity for Public
Comneot
EPA has isiucd today'i rule as an
interim final rule in order to provide a
limited opportunity until December 4.
1992 for public comment. After
evaluating any comments which ere
received. EPA will decide whether a
response is warranted.
Llat of Subjects
40 CFR Part 112
OH pollution. Penalties. Reporting aad
recordkceping requirerr.cn!].
40 CFR fart U4,
AoNninielranYfr practice* and
procedure, Oil poffintoo. Pemllte*. -
40 CFR Part UT
Haurdooa. substance*. Penalties.
Reporting aadrvcordJceeptng
requisanatt, Waav pollution, cnmroL
DeteeXfctober » 10f£
William It ReflTf,
Adminiiteaton
Fat uu reeaona set out la the.
preamble, part*. «i 114 and 117 of.
chapter I of title. 40 of tha Coda of
Federal Regulations, are. amended as sec
forth below.
WEVEKTIOK
L The authority citation for pert 112 is
revised to read as follows:
Authority: Sec. 311. SOl(s). Federal Water
PouunoaCaaatl Act (sec x. Pttb. S. n-«oa
Bl 8UL Miet see.. (33 UXC. 1231 st seq.»!
Mb 4(bt Peb. U9MOQ. SD StaL an S UJ.C.
Reef*, Wen of 1970 No. 3 tlWOL 33 Fl^isaza.
2 CFR Wee-tfTO Cocnp4 C.0. 11733. 36 FR
21243. 3 CFR. superttdad by E.O. \Ztrt. SO FR
54T57.
2. Section 112.8 Is revised to read es
follows:
} 112.6 CMI penalttee (or violation of oil
peUuOon prevention refutations.
, (a) Applicability of lection. Thi*
section shall apply to violations
specified in paragraph (b) of this lection
which occurred prior to August 18. 1990.
(b) Owners or operators of facilities
subject to 1 112.3 (a), (b) or (c) who
violate the requirements of this part n:
by failing or refusing to comply with any
of the provisions of 1 1124. 1 m.4 or
1 112.8 shall be liable for a civil penalty
of not more than 66.000 for each day
such violation continues. Civil penalties
shall be imposed in accordance with
procedures aet out in part 114 of this
subchapter D.
PART 1 14— CIVIL PENALTIES FOR
VIOLATION OP OIL POLLUTION
PREVENTION REGULATIONS
i. The authority citation for pan ;;•» i»
revised to read as follows:
Authority; Stca. 311. Ml(a). *»b u 9i-MO.
80 Slat. 608, SB9 (33 U.S.C. 1321. 13BKOI
2. Section 114.1 is revised to read as
followi:
1 114.1 General appHeaMllty.
(a) Applicability of section. This
section shall apply to violations
specified in paragraph (b) of this section
which occurred prior to Auguit IB 1990.
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S27D6 FodajraJ Regiataf / Vol. 57. No. 214 / Wednesday. November 4, 1992 / Rule» and Regulation*
(b) Owner* or opmton of fadlitie*
. iub|tct to i 1324 (t). (b) or (e) of thia
tubchapter who violate the
requirements of parrltt of thii-
tubchapter D by falllng-ar refusing to -
comply with any of tfat provisions of
111UA11X4, or HU of Ifaia •':.
•ubebapttr thai! b« Uahlo for a dvil .
penalty of cot more-than g&OOO for *ach
day web violation continue*. Civil
peoaltiM tnall ba aue*»ed and
compromised ID accordance with '**'•
part No penalty thill bt aa*e*sed until
the owner or operator lhall have bean
given notice and aa opportunity for
hearing in accordance with thla part
PAfff117-QETERI«NATIONOF
REPORTABLE QUANTITIES FOR
HAZARDOUS SUNTANCCS
1. The authority dtation for part 117 It
reviled to read aa follow*:
Autbafitr Sacs. 311 ud S01(e). Padaral
Wattr Pollution Coned Act (» UAC.12S1 tt
tao,). ("th« Act") ud Bxteutrca Order tins,
lupanadad by Executive Order 12777. so PR
S4757.
2. Section 117.22 it reviaed to road aa
follows:
1117.22
(a) Applicability of section. Thii
•action •hall apply to violation*
•petifled In paramph* (b) and (c) of ••
tnl*auction whh)a occurred prior to • ~:
Augoetl8.190QL . .
(o) Any peraon in charge of a veuel or
an onihore or offihore facility who faili
to notify the United State* Government "
of a prohibited diaeharge punuant to • ••
1117^1 (except in the cat* of a.
diacharn beyond the contiguous lone.
where too penon In charge of a ve**el i»
not otherwiae *ub)ect to the hiriidiction
of the United State*) ihall be tubject to
a fine of not more than Sl&ooo or
impriaonaant for not more than one
year, or both: punuant to cactlon
3ii(bK3).
(c) The owner, operator or penon in
charge of a VMM! or an onabore or
offahor* facility from which i*
diachuiad a hazardou* tubtuoca-
deaignated in 40 CFR pan 118 in a
quantity equal to or exceeding in any 24-
hour period, the reportable quantity
Mtabllahed in thi* put (except in the
caia of a dUcharge beyond the
contigooua lone, where the penon in
charge of a vtaaal (a not otherwita
•abject to the jmiadlction of the United
State*, shall be taaeued a dvtl penalty
of- up to SS ,000 per violation under
section 311(b)(B)(A). Alternatively, upon
a determination by the Administrator. •
•dvil action i«iUba«onunencod under ,
•ection 3il(b)(6](B) to Impoaa a penalty .
not to exceed SflOOOO unle** luch •
discharge ia the r**ult of willful
negligence or willful miaconduct within
tha privity and knowledge of .the owner.
operator, or penon In charge, in which . .
cate-tha penalty shall not exceed
Note* Th« Admlnittntor will take into
•ccetat tbt anvtty of the offinse and the
tundudofearvBunlfMtbyttwewnvr. .
operator, or penoa in chart* <• determinin| •
was that * dvil action will b* commenced
under seetloa lll(bH«){B). The envlty of th*
offrast will bo taterpnmd to udade the iln
of th* disckugo. th« dctiM ef duacr or harm
to tlit puMto hmltk, safety, or the
nvtranmtnt. iaelading oonsiderettoa of
texidiy, dtfradabilltr. sad ditpenol
ehsrseiMisttc* of Ik* MbtUaae. piwviout
iplU hitloty. snd previoua vtolattoa of any
tpUI prtvtntion nfuletione« PirttcuUt. .
•mphatit will be placed en th* standard of
car* sad th* axtant of mitigation effort!
maitifatt by the owm'p. operator, or p*non in
chart*. . •
[PR DOC. 92-200*1 ?Uad !!-»-«: SUB am|
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SECTION B
* NOTICE OF PROPOSE RULE MAKING
(PHASE I) FOR 40 CFR PART 112
DATED OCTOBER 22, 1991
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Tuesday
October 22, 1991
Part II
Environmental
Protection Agency
40CFRPart 112
Oil Pollution Prevention; Non-
transportation-related Onshore and
Offshore Facilities; Proposed Rules
~J Printed on Recycled Paper
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54612 Federal Register / Vol. 56. No. 204 / Tuesday. October 22. 1991 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 112
[SW H-FHL-3671-4]
RIN 2050-AC62
Oil Pollution Prevention; Non-
transportation-related Onshore and
Offshore Facilities
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The U.S. Environmental
Protection Agency is proposing to revise
the Oil Pollution Prevention regulation
(40 CFR part 112) promulgated under
section 311(j)(l)(C) of the Clean Water
Act (CWA), as amended by the Oil
Pollution Act of 1990. This proposed rule
establishes requirements for Spill
Prevention, Control, and
Countermeasures (SPCC). Plans'to
prevent spills of oil by non-
transportation-related onshore and
offshore facilities into the waters of the
United States or adjoining shorelines.
The proposed revision involves changes
in the applicability of the regulation and
the required procedures for the
completion of SPCC Plans, as well as
the addition of a facility notification
provision. The proposed rule also
reflects changes in the jurisdiction of
section 311 of the CWA made by 1977
and 1978 amendments to the CWA.
DATES: EPA will consider comments
submitted on or before December 23,
1991.
ADDRESSES:
Comments: Comments should be
submitted in triplicate to: Emergency
Response Division. Attention: Superfund
Docket Clerk, Docket Number SPCC-lP.
Superfund Docket, room M2427, U.S.
Environmental Protection Agency, 401 M
Street, SW.. Washington. DC 20480.
Docket: Copies of materials relevant
to this rulemaking are contained in the
Superfund Docket, room M2427 at the
U.S. Environmental Protection Agency,
401 M Street. SW.. Washington, DC
20460 [Docket Number SPCC-lPJ. The
docket is available for inspection
between the hours of 9 a.m. and 4 p.m.,
Monday through Friday, excluding
Federal holidays. Appointments to
review the docket should be made by
calling 1-202/260-3046. The public may
copy a maximum of 267 pages from any
regulatory docket at no cost. If the
number of pages copied exceeds 267,
however, a charge of 15 cents will be
incurred for each page after 100 pages.
FOR FURTHER INFORMATION CONTACT:
Monica L McEaddy, Response
Standards and Criteria Branch,
Emergency Response Division (OS-210),
U.S. Environmental Protection Agency,
401 M Street. SW., Washington, DC
20460 at 1-202-260-1358 or Bobbie
Lively-Diebold at 1-703-356-8774; the
ERNS/SPCC Information line at 1-202-
260-2342: or RCRA/Superfund Hotline
at 1-800-424-9346 (in the Washington,
DC metropolitan area, 1-703-920-9810).
The Telecommunications Device for the
Deaf (TDD) Hotline number is 1-800-
553-7672 (in the Washington. DC
metropolitan' area, 1-703-486-3323).
SUPPLEMENTARY INFORMATION: The
contents of today's preamble are listed
in the following outline:
I. Introduction
A. Statutory Authority
B. Background of this Rulemaking
' C. The Oil Pollution Act of 1990 (OPA)
II. General Issues
A. Notification
B. Contingency Planning
. C. New Discretionary Provisions
III. Proposed Changes in Each Section of 40
CFR Part il2
A. Section 112.1—General Applicability
and Notification
B. Section 112.2—Definitions
C. Section 112J—Requirements to
Prepare and Implement a Spill
Prevention. Control, and
Countenneasures Plan
D. Section 112.4—Amendment of SPCC
Plans 'by Regional Administrator
E. Section 112.5—Amendment of SPCC
Plans by Owners or Operators
F. Section 112.6—Civil Penalties for
Violation of the Oil Pollution Prevention
Regulation
C. Section 112.7—Spill Prevention.
Control, and Countenneasures Plan
General Requirements
H. Section 1124—Spill Prevention.
Control, and Countenneasures Plan
Requirements for Onshore Facilities
(Excluding Production Facilities)
I. Section 112.9—Spill Prevention.
Control, and Countermeasures Plan
Requirements for Onshore Oil Production
Facilities
). Section 112.10—Spill Prevention.
Control, and Countermeasures Plan
. Requirements for Onshore Oil Drilling
and Workover Facilities
K. Section 112.11—Spill Prevention.
Control, and Countenneasures Plan
Requirements for Offshore Oil Drilling. '•
Production, or Workover Facilities
IV. Relationship to Other Programs
A. Underground Storage Tanks
B. State Programs
C. Superfund Amendments and
Reauthorization Act of 1986 (SARA) Title
III Integration With Local Emergency
Planning
D. Wellhead Protection
E. Flood-Related Requirements
F. Occupational Safety and Health
Administration
V. Request for Comments
VI. Regulatory Analyses
A. Economic Analyses
B. Executive Order No. 12291
C. Regulatory Flexibility Act
D. Paperwork Reduction Act
List of Subjects
1. Introduction
A. Statutory Authority
Section 311(j)(l)(C) of the Federal
Water Pollution Control Act, 33 U.S.C.
1251 etseq.. also known as the Clean
Water Act (CWA). authorizes the
President to issue regulations
• establishing procedures, methods,
equipment, and other requirements to
prevent discharges of oil from vessels
and facilities and to contain such
discharges. The authority to regulate
non-transportation-related onshore and
offshore facilities under section
311(j)(l)(C) of the CWA was delegated
by the President to the Administrator of
the U.S. Environmental Protection
Agency (EPA or the Agency) by
Executive Order 11735. In this same
Executive Order, authority over onshore
and offshore transportation-related
facilities and vessels was delegated to
the department in which the U.S. Coast
Guard (USCG) is operating (currently.
the U.S. Department of Transportation).
A Memorandum of Understanding
(MOU) between the Secretary of
Transportation and the EPA
Administrator, dated November 24,1971
(36 FR 24080), establishes the
responsibilities of EPA and the
Department of Transportation for
purposes of administering their
respective spill prevention programs.
The definitions set forth in this MOU
(i.e.. the definitions of "non-
transportation-related onshore and
offshore facilities" and "transportation-
related onshore and offshore facilities")
are included as an appendix to 40 CFR
part 112.
B. Background of This Rulemaking
The Oil Pollution Prevention
regulation, also known as the Spill
Prevention. Control, and
Countermeasures (SPCC) regulation.
was originally promulgated on
December 11.1973 (38 FR 34164). under
the authority of section 311(j)(l)(C) of
the CWA. The regulation established
spill prevention procedures, methods.
and equipment requirements for non-
transportation-related facilities with
aboveground (non-buried) oil storage
capacity greater than 1.320 gallons (or
greater than 660 gallons aboveground in
a single tank) or buried underground oil
storage capacity greater than 42.000
gallons. Regulated facilities were also
limited to those that, because of their
location, could reasonably be expected
to discharge oil into the navigable
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Federal Register / Vol. 56, No. 204 / Tuesday, October 22, 1991 / Proposed Rules 54613
waters of the United States or adjoining
shorelines.
In addition to the Oil Pollution
Prevention regulation. EPA has
promulgated related regulations defining
oil discharges that may be harmful (40
CFR part 110) and procedures for
imposing the civil penalties provided for
in the Oil Pollution Prevention
regulation (40 CFR part 114). As
described below, penalty provisions
have been revised by the Oil Pollution '
Act of 1990 (OPA). The USCG has
promulgated regulations on oil pollution
prevention for vessel transfer facilities
(the USCG regulations do not apply to
pipelines or other modes of
transportation) (33 CFR part 154).
pursuant to the November 24,1971,
MOU described above. The USCG also
has promulgated requirements for the
reporting of oil discharges (33 CFR part
153), and regulations relating to
discharges from ships (33 CFR part 155).
Two previous revisions have been
made to the Oil Pollution Prevention
regulation. On August 29,1974. the
regulation was amended (39 FR 31602) to
set out the Agency's policy on civil
penalties for violation of the CWA
section 311 requirements. On March 26,
1976.40 CFR part 112 was again
amended (41 FR 12567), primarily to
clarify the criteria for determining
whether or not a facility is subject to the
regulation. Other revisions made in the
March 26.1976. rule clarified that SPCC
Plans must be in written form and
specified the procedures for
development of SPCC Plans for mobile
facilities.
Implementation of the regulation since
the 1976 revisions has indicated a need
for other changes, primarily for purposes
of clarification and simplification.
Changes in 40 CFR part 112 also have
been made necessary by amendments to
CWA section 311.
On May 20,1980 (45 FR 33814). EPA
proposed revisions to the Oil Pollution
Prevention regulation similar to
revisions proposed today. These
proposed revisions would have reflected
changes in the jurisdiction of CWA
section 311 made by the 1977 CWA
amendment's. Also proposed were
requirements concerning new facilities.
the content of SPCC Plans, the
availability of SPCC Plans for review by
EPA personnel, and the review of SPCC
Plans by owners or operators.
One of the revisions proposed on May
20.1980, was a clarification that certain
"guidelines" in § 112.7 are mandatory
rather than discretionary. Based on a
subsequent decision by the Agency that
the proposed modifications to 40 CFR
part 112 were not required at that time.
the revisions proposed on May 20.1980,
were not finalized. As described below.
however, continuing experience with
administering this program
demonstrates a need for the
clarifications to 40 CFR 112.7.
Accordingly, the Agency is proposing
certain changes to 40 CFR 112.7 that are
similar to those proposed on May 20.
1980.
On January 2.1988. the collapse of a
four-million-gallon aboveground storage
tank owned by the Ashland Oil
Company in Floreffe. Pennsylvania.
resulted in a spill of approximately 3.8
million gallons of diesel fuel. Of this
amount, approximately 750,000 gallons
of diesel fuel were released into the
Monongahela River. This event led to
the formation of an Oil Spill Prevention, .
Control, and Countermeasures Program
Task Force (the SPCC Task Force) to
examine Federal government regulations
governing spills of oil from aboveground
storage tanks. The SPCC Task Force
was composed of senior personnel from
EPA Headquarters, Regional offices,
other Federal agencies, and State offices
with significant oil spill response
responsibilities. The Task Force issued
its findings and recommendations in a
May 13.1988. report.' The Task Force
report focused on the prevention of large
catastrophic spills, but made
recommendations on many aspects of
the Federal oil spill prevention, control.
and countermeasures program.
The SPCC Task Force recommended
that EPA clarify that certain provisions
described in the Oil Pollution Prevention
regulation in terms that could be
interpreted as guidelines are required
practices. The Task Force also
recommended that EPA establish
additional technical requirements for all
facilities subject to the regulation, and
that EPA expand the scope of the
regulation to include requirements for
facility-specific oil spill contingency
planning. The Task Force further found
that EPA does not have an adequate
inventory of facilities subject to the
regulation and recommended that EPA
gather specific information about these
facilities (e.g., the number of
aboveground storage tanks at a facility).
The Task Force also recommended
strengthening the facility inspection
program to better identify violations and
enforce compliance. A subsequent
General Accounting Office (GAO) report
contained similar recommendations.2
1 U.S. Environmental Protection Agency. "The Oil
Spill Prevention. Control, and Countermeaiurei
Program Task Force Report." Interim Final Report.
May 13.1988. This document ii available for
inipection at the Superfund Docket, room MZ427.
U.S. EPA. 401 M Street. SW.. Washington. DC 20400.
* General Accounting Office "Inland Oil Spills:
Stronger Regulation and Enforcement Needed to
As a result of major oil spills such as the
Ashland Oil Company spill discussed
previously and the findings from the
SPCC Task Force and the GAO reports.
EPA is today proposing revisions to 40
CFR part 112.
EPA has decided to address the SPCC
Task Force findings and
recommendations, together with OPA
requirements, in two phases. A two-
phase approach has been chosen
because several of the Task Force
recommendations require further
information gathering and analysis
before determining specific additional .
changes to the existing regulation,
whereas other recommendations can be
implemented more readily. Phase One
revisions, which include provisions that
generally do not require substantial
additional Agency data gathering (e.g.,
technical amendments to clarify
regulatory language, notification
requirements), are being proposed
today. Phase Two revisions, which will
be addressed in a separate rulemaking
and proposed at a later date, will
address other, more substantive
regulatory recommendations, such as
facility-specific contingency planning
and aboveground storage tank integrity
testing requirements. Phase Two will •
also implement applicable requirements
of the OPA. For further discussion of the
Phase Two revisions as they relate to
the OPA, see Section I.C. of this
preamble.
After consideration of comments-
received in response to this proposed
rule, a final rule will be promulgated. In
addition to a general request for
comments, the Agency requests
comments on specific proposed
revisions throughout the preamble. The
provisions are also summarized in
Section V of this preamble. If the
comments received indicate sufficient
need, the Agency will consider holding a
public hearing on the proposed revisions
to permit further expression of views
prior to the final rulemaking. EPA will
publish a notice of its intent to hold any
such public hearing in the Federal
Register. Any statements made at such a
hearing would be included in the public
record of the rulemaking.
C. The Oil Pollution Act of 1990 (OPA)
The OPA was signed into law by the
President on August 18.1990. The OPA
contains significant modifications to
many of the provisions of section 311 of
the CWA. including section 311(j). The
Avoid Future Incidents." February 1989 (GAO/
RCED-89-65). This document is available for
inspection at the Superfund Docket, room M24Z7.
U.S. EPA. 401 M Street. SW.. Washington. DC 20460
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54614 Federal Register / Vol. 56. No. 204 / Tuesday. October 22. 1991 / Proposed Rules^
specific language of section 311(j)(l)(C),
however, is not changed. The principal
provisions of the OPA that will impact
the SPCC program are summarized
below.
Section 1004 of the OPA sets a
number of limits on liability of owners
or operators of vessels and facilities for
oil spills to U.S. waters. The liability
limits include $350 million for onshore
facilities and deepwater ports; $75
million plus removal costs for offshore
facilities; and $1.200 per gross ton or up
to $10 million, whichever is greater, for
tank vessels. The President must report
to the Congress on the desirability of
adjusting these liability limits, and EPA
is addressing this issue for onshore, non-
transportation-related facilities. There is
no liability limit when spills are caused
by willful misconduct or gross
negligence or by violation of Federal
safety, construction, or operating
regulations; or in cases of failure or
refusal to report the discharge, failure to
cooperate in oil removal actions, or -
comply with orders issued by the
Federal agency in charge of cleanup.
Under OPA section 1002, the scope of
damages for which oil dischargers may
be liable is expanded to include
damages for injury to. or loss of
subsistence use of. natural resources;
damages for injury to property; loss of
revenues, profits, or earning capacity;
and costs of public services during or
after oil removal activities.
The OPA establishes that the Oil Spill
Liability Trust Fund under section 9509
of the Internal Revenue Code of 1986
shall be used to pay for removal costs
and damages not recovered from
responsible parties. The existing fund
under CWA section 311(k) and other oil
spill compensation and liability funds
are dissolved; the assets and liabilities
of these funds are consolidated in the
Oil Spill Liability Trust Fund.
Section 4113 of the OPA requires the
President to conduct a study on whether
liners or other secondary means of
containment should be used to prevent
or help detect leaks from onshore bulk
oil storage facilities. EPA is currently
undertaking such a study and will
prepare a Report to Congress on the
results.
Under OPA section 4201(a), Federal
authority under the CWA for the
removal of oil and hazardous
substances defined under the CWA is
expanded; for example, the Federal
government is required to direct removal
actions for discharges posing a
substantial threat to the public health or
welfare of the U.S. Also, new '
discretionary authority to direct the
spiller's removal actions under other
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Federal Register / Vol. 56. No. 204 / Tuesday. October 22. 1991 / Proposed Rules 54615
characteristics. Partially buried tanks
and bunkered tanks, as defined in
proposed § 112.2. are included in
determining the capacity of
aboveground storage, and facilities with
such tanks are subject to the notification
requirement. In addition, EPA is
proposing that all facilities that become
subject to this regulation in the future by
virtue of their aboveground oil storage
capacity must notify the Agency prior to
beginning operations at the facility.
Many facilities subject to the Oil
Pollution Prevention regulation by virtue
of their underground storage capacity
are already subject to notification
requirements under the Underground
Storage Tank (UST) program (40 CFR
part 280). and EPA is proposing to
exempt many such UST-regulated
facilities from the Oil Pollution
Prevention regulation. The remaining
SPCC-regulated facilities with only
underground storage tanks, as defined in
proposed § 112.2(v), would not be
subject to the proposed notification
requirement. The proposed notification
provision in § H2.1(e) would require
that facility owners and operators
furnish their names: the name and
address of the facility; the number and
size of aboveground oil storage tanks at
the facility; the facility's total
aboveground oil storage capacity; the
distance of the facility to the nearest
navigable waters: the facility's Dun &
Bradstreet D-U-N-S number, if available;
and the facility's primary Standard
Industrial Classification, if applicable
and available. This information is to be
supplied using a proposed standard
form, which is included as appendix B of
today's proposed regulation. In addition,
the Agency is considering requiring
information on the latitude and
longitude of the facility, location of
environmentally sensitive areas and
potable water supplies, presence of
secondary containment, spill history,
leak detection equipment and alarms,
age of tanks, and potential for adverse
weather. This additional information
would assist in implementing the facility
response plan requirements that are
mandated by the OPA. The facility
response plan requirements will be
proposed in the Phase Two rulemaking.
Specifically, the information may be
useful in determining which facilities
could reasonably be expected to cause
"substantial harm" or "significant and
substantial harm" by discharging into
the navigable waters, adjoining
shorelines, or the exclusive economic
zone and. therefore, must submit their
facility response plan. EPA requests
comments on collecting this additional
information through the notification
S-310999 0005(OOK21-OCT-91-I3:48:59)
form. EPA also requests comments on
additional information that could be
used in developing Area Plans or in
implementing the community right-to-
know program described in section IV.C
of this preamble.
The Agency proposes that the owner
or operator of the facility would
complete and send the form to the SPCC
program office at EPA Headquarters
within two months of the effective date
of the final rule. The proposed.
.notification would be a one-time
requirement: a facility would not be
required to notify EPA of changes in
owner(s), bperator(s). or the other
required information elements. Any
owner or operator who fails to notify or
knowingly submits false information in
a notification would be subject to a civil
penalty. The Agency specifically
requests comment on the proposed
notification requirement and the
proposed notification form.
The Agency expects to use data
collected under the proposed
notification requirement to develop a
data base of facility-specific
information. This data base may also
include information on spills (obtained
from spill reports submitted by facilities
or from the Emergency Response
Notification System (ERNS)) and
various other types of information. The
Agency will use the information in the .
data base to more effectively allocate
SPCC program resources by prioritizing
inspections and enforcement efforts and
by determining the need for additional
prevention requirements for certain
categories of facilities (such as facilities
with the potential to threaten major
drinking water supplies or sensitive
ecosystems].
The Agency is particularly interested
in comment on alternate methods of
facility notification. In particular. EPA is
aware that facilities may already be
required to submit Material Safety Data
Sheets (MSDSs) and other information
to State Emergency Response
Commissions (SERCs), Local Emergency
Planning Committees (LEPCs). and local
fire departments under sections 311 and
312 of Title III of the Superfund
Amendments and Reauthorization Act
of 1986 (SARA Title III). Comments are
solicited concerning ways that these
data submissions may be used to
establish an inventory of facilities
subject to this proposed rule.
B. Contingency Planning
EPA believes that facility-specific
contingency planning in coordination
with local authorities is an important
part of any spill related preparedness
program. The SPCC Task Force
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recommended that the Oil Pollution
Prevention regulation be revised to
require the inclusion of contingency
plans in facility SPCC Plans, and that
these plans be coordinated with existing
State and local contingency planning
groups.
EPA believes that, in general, a
facility-specific contingency plan should
contain provisions for discovery of a
spill, emergency notification procedures.
the name of the spill response
coordinator, procedures for identifying
personnel and equipment that may be
needed, available equipment lists.
available personnel lists, an
identification of hazards, a vulnerability
analysis, and an event and fault tree
analysis.
The vulnerability analysis identifies
areas of immediate concern following a
spill event and provides an estimate of
the area most likely to be affected.
Examples of areas to be identified in the
vulnerability analysis include, but are
not limited to. population centers.
wetlands, wellhead protection areas.
and areas that may be inhabited by
endangered species. In addition, the
vulnerability analysis should identify
.sensitive ecosystems requiring special
protection and drinking water suppliers
who must be notified if a release occurs.
An event and fault tree analysis will
identify potential spill scenarios. It is
usually based on prior spills at the
facility and can be used to estimate
possible sources of leaks, spill sizes.
pathways, and causes of spills at other
facilities. Case studies of major spills
show that close attention should be paid
to the methods by which equipment and
personnel may be obtained. Finally, the
contingency plan should address
disposal of recovered oil, used sorbents.
and other materials. The Agency's
experience at various spill sites also
demonstrates the importance of
addressing the location of off-site spill
pathways in the contingency plan.
Above all. a contingency plan needs to
be workable and easy to follow in
emergency situations. Facility personnel
should be trained in the contingency
plan procedures to improve their
understanding of the plan and ensure
that it is properly followed in
emergencies.
The Agency is proposing in today's
notice only to require elementary
contingency planning steps that are
currently included in most existing
SPCC Plans, such as the inclusion in a
facility's Plan of a list of contacts.(e.g..
the facility response coordinator, the
National Response Center (NRC)). EPA
is also proposing to clarify an existing
requirement that facilities without
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secondary containment or diversionary, •
measures complete a site-specific
contingency plan. Because as part of
Phase Two EPA is currently considering
requirements for more comprehensive
facility-specific contingency plans in
response to the recommendations of the •
Task Force and the requirements of the
OPA. the Agency wishes to provide an
opportunity for commenters to submit
additional information and
recommendations on contingency
planning during the development of such
requirements. Therefore, EPA is
requesting comments and supporting
data on oil spill contingency planning
needs,
C. New Discretionary Provisions
In addition to proposing changes to
clarify and strengthen the Oil Pollution
Prevention regulation, EPA is proposing
a number of provisions as
recommendations. These new provisions
are described individually in Section III
of this preamble. Among the new
recommendations are the following two
provisions:
• Proposed §112.B(d)(4). It is
recommended that facilities have all
buried piping 3 tested for integrity and
leaks annually or have buried piping
monitored monthly in accordance with
the provisions of 40 CFR part 280. In
addition, it is recommended that records
of the testing or monitoring be kept for
five years (does not apply to offshore
facilities or production facilities).
• Proposed § 112.8(d)(5). It is
recommended that facilities post vehicle
weight restrictions to prevent damage to
underground piping (does not apply to
offshore facilities or production
facilities).
EPA is proposing these two provisions
and other provisions as
recommendations rather than
requirements. The Agency is concerned
that these provisions may not for all
facilities achieve the standard of
provisions based on good engineering
practice, which is the basic standard of
the regulation. EPA. however believes
that implementation of these provisions
at most facilities would contribute to the
facilities' overall effort to prevent oil
discharge and to mitigate those spills
that may occur. Consequently. EPA is
proposing these discretionary provisions
so that the owners and operators of
facilities subject to the Oil Pollution
Prevention Regulation can decide
whether the suggested practices are
9 The change from the use of "pipeline" to
"piping" is to eliminate any possible confusion
between the regulation's use of "pipeline", and
"pipelines" regulated by DOT's Office of Pipeline
Safety.
warranted under the existing regulatory
requirements. At many facilities the
proposed provisions are consistent with
the general requirement that the SPCC
Plan be prepared in accordance with
good engineering practices. At the same
time, the Agency recognizes that for
some facilities implementation of these
provisions is inappropriate for
technological or other reasons or is not
necessary because of other facility-
specific practices or circumstances. For
such facilities, not implementing these
discretionary provisions would be
consistent with the existing requirement
concerning good engineering practices.
The Agency requests comments and
supporting data (including information
on likely environmental impacts or
benefits) regarding whether these
discretionary provisions should be made
requirements. EPA is particularly
interested in receiving comments and
information on the advisability of
establishing the two provisions as
requirements for large facilities, but as
recommendations for small facilities.
This is consistent with the SPCC Task
Force recommendation that EPA
regulate larger facilities more stringently
than smaller facilities. EPA considered
denning a "large facility" for this
specific purpose as a facility with more
than 42.000 gallons of SPCC-regulated
storage capacity. The Agency believes
that larger volumes of oil stored at a
facility increases the chances of a spill
occurring, and that spills from large-
capacity facilities may be greater in
magnitude than those from smaller
facilities, thus posing a greater potential
threat to the waters of the United States.
Section 311(j)(l)(C) of the CWA.
however, does not explicitly authorize
differential requirements based on
facility size. EPA is also requesting
comment on the option of applying these
provisions as requirements to all sizes of
SPCC-regulated facilities under
I 311(JHl)(i) of the CWA.
In addition. EPA is requesting
comments on two other practices that
are not included in the proposed
revisions. These practices are:
• That owners and operators of
facilities affix a signed and dated
statement to the SPCC Plan indicating
that the revision has taken place and
whether or not amendment of the Plan is
required.
• That owners and operators of
onshore facilities other than production
facilities state the design capabilities of
their drainage system in the SPCC Plan
if the system is relied upon to control
spills or leaks.
EPA believes that these practices may
improve the quality of a facility's SPCC
Plan and may be appropriate to include
in the Oil Pollution Prevention
regulation as discretionary practices.
The Agency has not included these
practices in the proposed rule because
of the lack of data for the benefits likely
to result from these practices. EPA
specifically requests comments
regarding the extent to which these
provisions would further improve the
effectiveness of the Oil Pollution
Prevention regulation.
III. Proposed Changes in Each Section of
40 CFR Part 112
In this section, the principal changes
and clarifications being proposed today
to each of the sections of 40 CFR part
112 are discussed and explained. Minor
grammatical and editorial changes also
have been made to the text of the
proposed rule. To more effectively
organize § 112.7. it has been divided into
five separate sections (proposed
§§ 112.7.112.8,112.9.112.10. and 112.11).
based on facility type. This
reorganization will aid in the
clarification of SPCC Plan requirements
for different types of facilities.
A. Section 112.1—General Applicability
and Notification
The geographic scope of the
applicability of the Oil Pollution
Prevention regulation, which is stated in
paragraphs (a), (b). and (d) of § 112.1. is
proposed to be extended to conform
with the 1977 CWA amendments that
extended the geographic scope of EPA's
authority under CWA section 311. CWA
section 311(b)(l) as amended in 1977,
establishes a national policy prohibiting
discharges of oil or hazardous
substances into or upon the navigable
waters of the United States or adjoining
shorelines, or into or upon the waters of
the contiguous zone, or in connection
with activities under the Outer
Continental Shelf Lands Act or the
Deepwater Port Act of 1974, or that may
affect natural resources belonging to.
appertaining to, or under the exclusive
management authority of the United
States (including resources under the
Magnuson Fishery Conservation and
Management Act). As a result, the
applicability of the SPCC regulations as
stated in paragraphs (a) and (b) of
§ 112.1 and in subsequent paragraphs of
the rule is proposed to be revised to
reflect the statutory language.
In light of amendments to the CWA in
1978. EPA is revising the phrase
"harmful quantities" in § 112.1(b). The
revised phrase—"quantities that may be
harmful, as described in part 110"—
includes oil discharged in quantities that
violate applicable water quality
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standards, 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 (40 CFR 110.3).4
Since the implementation of the SPCC
regulation in 1973. EPA has received
numerous questions concerning the
scope of the definition of oil. Section
311(a)(l) of the CWA defines "oil" as
"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."
EPA interprets this definition to include
crude oil and refined petroleum products
as well as non-petroleum oils such as
vegetable and animal oils. The Agency
solicits comments on the
appropriateness of this interpretation for
the SPCC program.
The facilities, equipment, and
operations that are exempt from this
regulation are described in § 112.1(d).
EPA is proposing several changes to this
section. In proposed paragraph (d)(l)(i),
a reference to proposed § 112.1(b](l).
which delineates the scope of the Oil
Pollution Prevention rule, has been
added.
To avoid duplicative and
unnecessarily burdensome regulation,
the Agency is proposing in the new
§ 112.1(d)(4) to exempt underground
storage tanks (defined by proposed
§ 112.2(v)) that are now subject to the
technical requirements of EPAvs
Underground Storage Tank (UST)
program (40 CFR part 280). In addition,
EPA is proposing in § 112.1(d](2)(i) to
exclude the capacity of UST-regulated
underground storage tanks from the
calculation of underground oil storage
capacity made to determine whether a
facility is subject to this regulation.
Under proposed § 112.7(a)(3). however,
any facility subject to this regulation
must have the location and contents of
all tanks marked on the facility diagram
for informational purposes.
Notwithstanding differences in the
scope and focus of the SPCC and UST
programs. EPA believes that the UST
technical requirements codified in 40
CFR part 280 are consistent with the
.underlying regulatory purposes of the
SPCC program and are equally
protective for purposes of preventing
discharges of oil into waters of the
United States. For example, under the
UST program, new and existing tanks
must meet specific corrosion protection
requirements, be equipped with
4 Amendments to the CWA made by the OPA in
1990 broaden the concept of quantities that may be
harmful to include not only "the public health or
welfare" but also "the environment."
catchment basins, automatic shutoff
devices, and alarms, and be subjected to
periodic tank tightness testing. These
requirements achieve a level of
protection needed to ensure that a
discharge of oil will not reach bodies of
water protected by the CWA.
It is important to note that the
proposed § 112.1(d)(2)(i) and
§ 112.1(d)(4] exemptions apply only to
UST-regulated tanks that meet the
definition of "underground storage tank"
proposed in § 112.2(v). The proposed
rule makes this clear in § 112.1(b)(3), by
providing that "bunkered tanks" and
"partially buried tanks" (defined by the
proposed § 112.2(c) and § 112.2(n),
respectively), as well as tanks in
subterranean vaults, are considered
aboveground storage tanks for the
purposes of this regulation and are
subject to the requirements of the
regulation. Compared to completely
buried tanks, spills from these tanks are
more likely to enter surface waters
regulated under the CWA. For further
discussion of the relationship of the
SPCC program to the UST program, see
Section IV.A. of this preamble.
EPA is proposing in both § 112.1(d)(2)
(i) and (ii) to exempt from the
calculation of storage capacity, tanks
and facilities that are "permanently
closed." as defined in the proposed
§ 112.2(o). This proposed approach
results from experience gained by EPA
in administering the SPCC program.
which indicates that tanks and facilities
properly closed on a permanent basis
need not continue maintaining current
SPCC Plans. Such tanks and facilities
cannot reasonably be expected to
discharge oil in quantities that may be
harmful in the manner described in the
proposed § 112.1(b)(l). Therefore, the
Agency is proposing to exempt oil
storage tanks meeting the criteria for
being "permanently closed" in proposed
§ 112.2(o) and facilities at which all
tanks are permanently closed. The
Agency has considerable experience
with applying the criteria to show that
they are appropriate for defining SPCC-
regulated facilities that do not represent
a significant threat of a discharge of oil
in quantities that may be harmful.
However, the Agency specifically
solicits comments on the
appropriateness of these criteria,
including supporting data and
descriptions of suggested alternative
criteria for defining "permanently
closed" tanks.
Facilities with some permanently
closed tanks, where other tanks contain
sufficient capacity and are not
permanently closed, remain subject to
this regulation unless otherwise
exempted under § 112.1(d). The Agency
has also found that, in contrast to
facilities and tanks that are permanently
closed, facilities and tanks used for
standby storage, seasonal storage, or
temporary storage can reasonably be
expected to discharge oil as described in
proposed § 112.1(b)(l). EPA is, therefore,
clarifying in proposed § 112.1(b)(2) that
such facilities and tanks are not
considered permanently closed.
To avoid redundancy with the
requirements of the U.S. Department of'
the Interior's Minerals Management
Service (MMS). the Agency is proposing
in § 112.1(d)(3) to exempt from this*
regulation offshore oil production or
exploration facilities subject to MMS
Operating Orders, notices, and
regulations. This proposal is based on
analysis of the MMS Operating Orders
and the conclusion that they require
adequate spill prevention, control, and
countermeasures practices that are
directed more specifically to the
facilities subject to these requirements.
As described in section I1.A of this
preamble, EPA is proposing a new
facility notification requirement as
§ 112.1(e). Notification would be
provided to EPA on a standard form,
which is proposed as appendix B of 40
CFR part 112.
EPA is proposing to amend current
§ 112.1(e) (redesignated as proposed
§ 112.1(f)) to clarify that adherence to
the SPCC regulation does not relieve
facility owners and operators from
complying with applicable local. State,
and Federal regulations. These
regulations include, but are not limited
to, those issued by the USCG. the
Occupational Safety and Health
Administration (OSHA), the Federal
Emergency Management Agency
(FEMA). and EPA's UST program. The
Agency is also proposing that owners
and operators consider current
applicable regulations, standards, and
codes, including certain standards and
recommended practices established by
the American Petroleum Institute (API)
(series 12. 620. and 650). the National
Fire Protection Association (NFPA) (30
and 30A). the American Society of
Mechanical Engineers (ASME)
Standards, the National Association of
Corrosion Engineers (NACE) Standards.
American National Standards Institute
(ANSI) (B31.3). and Underwriters
Laboratories (UL) Standards, in
determining practices that may be
required for particular facilities by the
requirement that all SPCC Plans be
prepared in accordance with good
engineering practice. The standard of
good engineering practice, which applies
to all SPCC Plans, will require that
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appropriate provisions of applicable
codes, standards, and regulations be
incorporated into the SPCC Plan for a
particular facility.
B. Section 112.2—Definitions
Definitions for the following terms
have been proposed to be revised,
added or modified as follows:
• A definition of "discharge" has been
revised to reflect changes to the definition in
the 1978 amendments to the CWA.
Discharges in compliance with a permit under
section 402 of the CWA are not considered a
discharge for the purposes of this part.
• A definition of "navigable waters" has
been revised to conform with revisions to the
regulation on the discharge of oil (40 CFR
part 110).
• A definition of "offshore facility" has
been revised to conform with the CWA and
the March 8.1990. revisions to the NCR
Offshore facilities are any facility 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.
• A definition of "United States" has been
revised to conform with revisions to the
definition of the United States in the 1978
amendments to the CWA. The
Commonwealth of the Northern Mariana
Islands has been added to the definition.
• A definition of "contiguous zone" has
been added to conform with the amendments
to the CWA in 1978 and the March 8.1990.
revisions to the NCP.
• A definition of "wetlands" has been
added to define the term as used in the
definition of "navigable waters." The
definition conform! with the definition in the
oil discharge regulation (40 CFR part 110).
• Definitions for the terms "breakout tank"
and "bulk storage tank" have been added to
clarify the distinction between facilities
regulated by DOT and EPA. EPA regulates
facilities with bulk storage tanks. Breakout
tanks are used to compensate for pressure
surges or control and maintain pressure
through pipelines. These tanks are frequently
in-line and are regulated by DOT.
• A definition of "bunkered tank" has been
added to clarify that bunkered tanks are a
subset'of "partially buried tanks." Bunkered
tank means a tank constructed or'placed in
the ground by cutting the earth and
recovering in a manner whereby the tank
breaks the natural grade of the land. As such.
bunkered tanks are subject to the provisions
of 40 CFR part 112 as aboveground tanks.
• A definition of "facility" has been added
based on the MOU between the Secretary of
Transportation and the EPA Administrator
dated November 24.1971 (36 FR 24080). More
detailed discussion of the types of facilities
covered is in Appendix A.
• Definitions of "oil production facilities
(onshore)" and "oil drilling, production, or
workover facilities (offshore)" have been
moved from existing S 112.7(e)(5)(i) and
§ llZ.7(e)(7)(i). respectively.
• A definition of "partially buried tank"
has been added to clarify the distinction
between partially buried tanks and
underground storage tanks, the latter being,
defined in this proposed rulemaking for SPCC
purposes as those tanks completely covered
with earth. Partially buried tanks are subject
to the provisions of 40 CFR part 112 as
aboveground tanks.
• A definition of "permanently closed"
was added to clarify the scope of facilities
and tanks excluded from coverage by this
part. EPA solicits comments on the
requirement to ensure that tank vapors
remain below the lower explosive limit.
• A definition of "SPCC Plan" has been
added to further explain its purpose and
scope. The Plan provides a written
explanation of a facility's compliance with
the requirements of the regulation, including
equipment, manpower, procedures, and steps
to prevent, control, and provide adequate
countermeasures to an oil spill.
• The definition of "spill event" was
modified to correspond to the changes
described in the applicability section of this
rule relating to the expanded scope of CWA
jurisdiction.
• A definition for "storage capacity" has
been added to clarify that it includes the total
capacity of a tank or container capable of
storing oil or oil mixtures. Because the
percentage of oil in a mixture is determined
by the operator and can be changed at will,
the total capacity of a tank or container is
considered in determining applicability under
this part regardless of whether the tank or.
container is filled with oil or a mixture of oil
• and another substance, as long as the mixture
would violate standards in 40 CFR part 110.
• A definition of "underground storage
tank" has been added; The SPCC program
defines the term more narrowly than the UST
program under RCRA Subtitle I. Under the
SPCC program. EPA proposes to regulate any
tanks that are not completely buried as
aboveground tanks, because tanks with
exposed surfaces exhibit a potential to
discharge into navigable waters and
adjoining shorelines. See also the discussion
in the preamble regarding the relationship
between the SPCC and the UST programs.
.EPA is not proposing any changes to
the definition of "oil" (except its
redesignation from § 112~2(a) to
C. Section 112.3 — Requirement to
Prepare and Implement a Spill
Prevention. Control, and
Countermeasures Plan
This section describes the
requirements for the preparation and
implementation of SPCC Plans. Most of
the proposed modifications to § 112.3
have been provided for clarification.
However, in paragraph (b) of the current
rule, a new facility is required to prepare
a Plan within six months after
operations begin and to implement the
Plan within one year. In proposed
paragraph (b), a new facility is required
to prepare and fully implement a Plan
before beginning operations, unless an
extension has been granted by the
Regional Administrator (proposed
§ 112.5(a) requires that Plans be
amended before any change is made
that materially affects the facility's
potential for discharge of oil into the
waters of the United States). Experience
with the implementation of this
regulation shows that many types of
failures occur during or shortly following
facility startup and that virtually all
prevention, containment, and
countermeasures practices are a part of
the facility design or construction.
Therefore, the Agency believes that new
facilities should be required to plan and
execute the provisions governing spill
prevention prior to starting operations.
EPA assumes for the purpose of this
proposed provision that all existing
facilities subject to this rule have had
their SPCC Plans prepared since the
regulation was issued, therefore, only
new facilities would be affected by this
proposed change in timing for the
submittal of their Plans.
EPA also assumes in § 112.3(c) that
owners/operators of existing onshore
and offshore mobile or portable facilities
have prepared and implemented a
facility SPCC Plan as required by
§ 112.3(b); therefore, only new facilities
are affected by the change in timing for
the submission of the SPCC Plans.
Additional requirements concerning
Plan certification by a Registered
Professional Engineer are specified in
{ 112.3(d). The existing language states
that "no SPCC Plan 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
Engineer. By means of this certification
the engineer, having examined the
facility and being familiar with the
provisions of this part, shall attest that
the SPCC Plan has been prepared in
accordance with good engineering
practices. Such certification shall in no
way* * V
This existing language states that the
Professional Engineer (PE) must only be
certified.1 The Agency is soliciting
comments on the advantages and
disadvantages associated with the PE
being registered in the State in which
the facility is located and the additional
requirement that this PE should not be
an employee of the facility or have any
other direct financial interest in the
facility
The U.S. General Accounting Office
(GAO). in a 1989 report. "Inland Oil
Spills: Stronger Regulation and
Enforcement Needed to Avoid Future
Incidents" (GAO/RCED-89-65). '
recommended that EPA evaluate the
advantages and disadvantages of
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requiring facilities to obtain certification
from independent engineers.
• The Agency notes that not having the
PE otherwise associated with the facility
may avoid any potential conflicts of
interest or appearance of conflicts of
interest that could arise from allowing
an employee of a regulated party to
certify a SPCC Plan. The Agency also
notes that a requirement that a PE be
licensed in the State in which the facility
is located would allow the State
licensing board to more easily address
the actions of the PE under its
jurisdiction, and that the PE may have
greater familiarity with the State and
local requirements related to the facility
under review.
The Agency notes that disadvantages
associated with the .above approaches
have been expressed by several
organizations, who object to such
requirements as challenging the integrity
of professional engineers. They also
point out that these requirements would
impose substantial costs' without
enhancing the integrity of the
certification process.
To assist the Agency in addressing the
GAO and Task Force recommendations
cited above. EPA specifically solicits
comments or data regarding the
ramifications of requiring that the
certifying professional engineer not be
an employee of the owner or operator.
In addition, under the proposed rule.
the Engineer must attest that required
testing has been completed and that the
Plan meets the requirements of
regulation for the facility. These
revisions promote the Agency's intent in
the original promulgation of § 112.3(d)
that SPCC Plans be certified by a
Registered Professional Engineer
exercising independent judgment. The
Agency intends these new requirements
to be met when a new Plan is prepared
after promulgation of this proposed rule.
or an existing Plan is amended, pursuant
to § 112.5. During inspections for
compliance with the current SPCC
requirements, some facility owners and
operators have argued .that they have
not interpreted the current regulatory
language to require that the certifying
Engineer physically visit the facility EPA
believes the current regulatory language
(e.g., requiring the engineer to examine
the facility) clearly requires the'
certifying Engineer to visit the facility
prior to certifying the SPCC Plan. The
proposed change clarifies this .
requirement by specifying that the
Professional Engineer must be
physically present to examine the
facility.
As described in paragraph (e), the
SPCC Plan must be available at a
facility if the facility is normally
S-310999 0009(OOX21-OCT-91-13:49:I4)
' attended eight hours per day. Some
owners or operators at facilities
operating one shift per day have
interpreted this requirement as not. •
applying to a facility that is in operation
only seven and one half hours per day.
deducting a half hour for lunch. The
Agency strongly believes that to be most
useful in preventing and mitigating
discharges, the SPCC Plan must be an
integral part of manned facility
operations. Therefore, the Agency has
chosen a four-hour minimum attendance
requirement in the proposed rule to
ensure that facilities operating one shift
per day are required to maintain SPCC
plans at the facility.
In paragraph (f), the owner or operator*
of new facilities described in paragraph
(b) may in defined circumstances apply
for an extension of time to comply with
the requirements of this part. Existing
facilities described in paragraphs (a]
and (c) have had since 1973 to comply
with the requirement and have their
SPCC Plans in place, and therefore, this
provision does not apply to those
facilities.
D. Section 112.4—Amendment of SPCC
Plans by Regional Administrator
This section describes the review of a
Plan by the Regional Administrator in
the event of certain types of spills and
procedures for requiring an amendment
to the Plan. In proposed paragraph
(a)(4), owners or operators are required
to provide the Regional Administrator
with information on the name and
address of any registered agent. In some
instances, a registered agent of the
owner or operator may have information
needed by the Regional Administrator.
The Regional Administrator may also
need to contact the agent with further
questions or transmit his review of the
Plan back to the agent.
In proposed paragraph (a)(10), •
information on the nature and volume of
oil spilled is required, in addition to the
information currently required.
Information on the nature and volume of
oil spilled provides-the Agency with
additional information to identify select
problem areas where additional
regulatory emphasis may be needed.
EPA also believes that this information
will assist the Regional Administrator in
determining if amendment of the SPCC
Plan is necessary and in determining
future oil pollution prevention policies.
In proposed paragraph (b), the
references to § 112.3(a), (b). and (c) have
been deleted because the times allowed
in these paragraphs for the preparation
and implementation of the Plan are
proposed for deletion.
Paragraph (c) of the current rule
requires that a complete copy of all
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information provided to the Regional
Administrator be provided to the State
agency in charge of water pollution
control activities in which the facility is
located. Proposed paragraph (c) would
require that the information be sent to
the State agency in charge of oil
pollution control activities. The EPA is
proposing this change because it is the
appropriate agency to contact in many '
States.
In proposed § 112.4(d), a sentence has
been added that discusses the review by
the Regional Administrator of materials
submitted under proposed § 112.7(d).
Proposed § 112.7(d) requires, among
other things, the owner or operator to
submit to the Regional Administrator
certain materials, such as a contingency
plan, if the installation of structures or
equipment listed in § 112.7(c) is not
practicable.
E. Section 112.5—Amendment of SPCC
Plans by Owners or Operators
EPA is proposing to revise § 112.5(a)
to require that Plans be amended before
any change is made in facility design,.
construction, operation, or maintenance
affecting the facility's potential for
discharge of oil into waters of the
United States unless an extension has
been granted by the Regional
Administrator. This provision is
consistent with the provision proposing
that SPCC Plans for new facilities be
prepared and implemented before
facility operations begin. EPA is also
proposing to clarify which changes
require Plan amendments by listing the
following types of changes as examples:
(1) Commission or decommission of
tanks; (2) replacement, reconstruction.
or movement of tanks; (3)
reconstruction, replacement, or
installation of piping systems: (4)
construction or demolition that might
alter secondary containment structures:
or (5) revision of standard operation or
maintenance procedures at a facility.
These examples are not an exclusive list
of changes that require a Plan
amendment.
The owner or operator of a facility
subject to S 112.3(a), (b). or (c) is
required by the current § 112.5(b) to
review and evaluate the facility SPCC
Plan at least every three years, and to
amend the Plan within six months to
include more effective prevention and
control technology if: (1) Such
technology will significantly reduce the
likelihood .of a spill from the facility: and
(2) the technology has been field-proven
at the time of the review.
The current § 112.5(c) states that, to
be effective, all amendments to a
facility's Plan must be certified by a
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54620 Federal Register / Vol. 56. No. 204 / Tuesday. October 22. 1991 / Proposed Rules
Professional Engineer in accordance
with S 112.3(d). EPA is proposing an
exception to this provision for any
changes to the SPCC Plan emergency
contact list (required by the proposed
§ 112.7(a)(3)(ix)). This change does not
affect the technical/engineering aspects
of the SPCC Plan, or the characteristics
of the facility and. therefore, does not
require certification by a Professional
Engineer. It is important that the SPCC
Plan emergency contact list be current in
order to rapidly respond to spills.
F. Section 112.6—Civil Penalties for
Violation of Oil Pollution Prevention
Regulation
This section describes the penalties
associated with failure to comply with
certain listed sections of the rule. In this
proposed rule. §§ 112.1(e), 112.7,112.8,
112.9.112.10, and 112.11 are added to the
list of required provisions.
The OPA changes the penalty
structure under the CWA (see Section
I.C. of this preamble. Oil Pollution Act of
1990, for changes in liability limits and
penalties). All violations of this
regulation on or after August 18,1990
are subject to the procedures set out in
section 311 of the CWA as amended by
the OPA. The Agency is reviewing the
need for clarifying changes to §112.6
and to 40 CFR part 114 in light of the
OPA amendments.
G. Section 112.7—Spill Prevention,
Control, and Countermeasures Plan
General Requirements
The Agency is proposing to separate
existing provisions of 40 CFR 112.7 into
five sections (§| 112.7,112.8,112.9.
112.10. and 112.11) based on facility
type. Proposed $ 112.7 provides general
requirements for preparing SPCC Plans
while §5 112.8.112.9.112.10, and 112.11
address detailed Plan requirements for
onshore facilities (excluding production
facilities); onshore production facilities;
onshore oil drilling and workover
facilities: and offshore oil drilling.
production, and workover facilities,
respectively. The purpose of the
reorganization of the current $ 112.7 is
for clarity and ease in using the
regulation but is not intended to make
substantive changes to the regulation:
the new regulatory citations created by
the reorganization do not by themselves
require rewriting or recertification of
SPCC Plans.
Section 112.3(a) of the current rule
requires that SPCC Plans be prepared in
accordance with § .112.7. The Agency
believes, however, that clarification of
the existing regulation is necessary
because of confusion on the part of
some owners or operators who have
interpreted the current rule's use of the
words "should" and "guidelines" as
indications that compliance with
applicable provisions of § 112.7 is
optional. The current regulation requires
that all SPCC Plans be prepared in
accordance with good engineering
practice. The Agency originally
promulgated $ 112.7 (now reorganized
as proposed §§ 112.7,112.8.112.9.112.10.
and 112.11) to require that SPCC Plans
be prepared in accordance with the
appropriate provisions in that section in
the belief that such practices are good
engineering practice for facilities
described in the regulation. However,
the regulatory language "should" was
used in most provisions to provide
flexibility for facilities with unique
circumstances that could show that such
practices do not represent good
engineering practice.
To eliminate any misunderstanding,
the words "requirements" and "shall"
have generally been substituted for the
words "guidelines" and "should" in the
proposed revisions to 5§ 112.7,112.8,
112.9,112.10. and 112.11.
Nevertheless, because of the
differences in facility design, the Agency
continues to recognize that it is not
always feasible or consistent with good
engineering practice to mandate the
same requirements for every facility to
prevent and to contain oil spills. Thus,
the Agency has reviewed each of the
provisions of proposed §§ 112.7,112.8.
112.9,112.10, and 112.11 and. where
appropriate, is proposing the provision.
as a recommendation for consideration
by facility owners or operators in
evaluating the requirements of good
engineering practice.
Furthermore, as is the case in the
current regulation, the proposed revision
continues to provide for deviation from
the requirements of $ 112.7 where the
owners or operators cannot meet the
specific requirements set forth in the
rule. A new proposed technical waiver
in § 112.7(a)(2) allows for the owner or
operator to provide equivalent alternate
protection that is not specified in
§S 112.7(c), 112.8.112.9.112.10. and
112.11. EPA, in the exercise of its
authority to inspect facilities and SPCC
plans, of course, retains the authority to
find that such alternative methods of
protection do not provide equivalent
protection.
In addition to clarifying language, the
Agency has proposed in today's rule two
other series of changes. First, the
Agency has specified many of the
inspection and monitoring time periods
referred to in §§ 112.7,112.8.112.9,
112.10. and 112.11. In the current rule.
many time periods are determined by
the owner or operator and listed in the
SPCC Plan, in accordance with good
engineering practice. The Agency is
proposing to define most of the time
periods, while leaving only a few to
interpretation by the owner or operator.
By specifying time periods based on
engineering practice, the Agency intends
to provide the regulated community with
greater certainty concerning its
obligations. However, because of the
diversity of facilities subject to this
regulation, not all time periods can be
standardized based on engineering
practice.
Second, in various places in §§ 112.8
and 112.9 of the proposed rule.
recommendations have been added to
follow relevant industry standards or
recommended practices, such as API
series 12.620.650. and 2000; ASME
B31.3. B96.1. and section VIII; NFPA 30.
31. and 31a; and UL142. While the
proposed rule does not specifically
incorporate these standards, the Agency
believes that adherence to appropriate
industry standards is. in most cases.
strong evidence of adherence to good
engineering practice. The Agency
recommends that these publications and
others on recommended practices and
procedures be consulted when
developing a Plan.
The following discussion focuses on
revised provisions, new requirements,
and new recommendations in each
paragraph in proposed § 112.7.
In § 112.7(a) of the current rule,
facilities are required to include in the
Plan information about spill events
.occurring prior to the effective date of
the original Oil Pollution Prevention rule
(1973). Because such information has
little current relevance, the provision is
proposed to be deleted. Proposed
paragraph (a) includes a general
description of the SPCC Plan, which is in
the introductory text of § 112.7 of the
current rule. Four new paragraphs have
been proposed for addition to paragraph
(a).
In proposed paragraph (a)(2),
deviation from the requirements of
paragraph (c) of this section and the
requirements of 55 112.8.112.9,112.10.
and 112.11, which apply to a specific .
facility and which include specific
provisions for structures and equipment.
is allowed, as long as that equivalent
protection is provided by other me -.s.
This provision is intended to provide
much of the flexibility to incorporate
differences in a diverse regulated
community that was previously intended
by the use of the regulatory language
"should." Taken together with
provisions clearly defined as
requirements, this provision provides a
clearer description of the Agency's
S-J10999 001WOOK21-CXrr-9l-]J:49:17)
4701 .FMT...[16.30] ...12-28-90
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Federal Register / Vol. 56. No. 204 / Tuesday. October 22. 1991 / Proposed Rules 54621
expectations for the purposes of Plan
preparation.
Proposed paragraph (a)(3) clarifies the
characteristics of a facility that must be
described in the Plan, including unit-by-
unit storage capacity, type and quantity
of oil stored, estimates of quantity of
oils potentially discharged, possible spill
pathways, spill prevention measures,
spill control measures, spill
countermeasures. provisions for
disposal of recovered materials, and a
contact list with appropriate phone
numbers. The description of the
facility's physical plant must also
include a facility diagram on which the
location and contents of all tanks must
be marked, regardless of whether the
tanks are subject to all the provisions of
40 CFR part 280. A complete facility
diagram will assist in response actions.
Proposed paragraph (a)(4) requires
documentation in the Plan to enable a
person reporting a spill to provide
essential information (based on Agency
experience) to organizations on the
contact list. As the result of Agency
experience during emergency
conditions, proposed paragraph (a)(5)
requires that portions of the Plan
describing procedures to be used in
emergency circumstances be organized
in a manner to make them readily
useable in an emergency.
Paragraph (b) of the proposed rule
(§ 112.7(b) of the current rule) changes
the "should" to "shall" for purposes of
clarification. Section 112.7(c) of the
current rule lists appropriate
containment and diversionary structures
and requires that dikes, berms. or
retaining walls be sufficiently
impervious to contain spilled oil. A
proposed revision to this paragraph
clarifies that the entire containment
system, including walls and floor, must
be impervious to oil for 72 hours. EPA
believes that the specificity of a 72-hour
standard provides the regulated
community with greater clarification
and flexibility than the phase
"sufficiently impervious" currently in
the regulation.
The Agency recognizes that spills
occur while facilities are unattended;
however, EPA believes that most
facilities are attended at some time
during a 72-hour period. Therefore, a
containment system that is impervious
to oil for 72 hours will allow time for
discovery and removal of an oil spill in
most cases. This requirement is
consistent with the provision for diked
areas surrounding bulk storage tanks in
proposed § 112.8(c)(2). Another
proposed revision to this paragraph
clarifies and further defines the phrase
"containment system that is impervious
to oil" as being a system constructed so
S-310999 0011(OOX2I-OCT-91-13:49;21)
that spills will not permeate, drain or
infiltrate or otherwise escape to surface
waters before cleanup occurs.
The Agency is aware that for certain
facilities, such as some electrical
substations that have gravel beds
.surrounding equipment to prevent _
electrical and fire hazards, compliance
with proposed § 112.7(c) may not be
practicable. For these facilities,
§ 112.7(d) of the current rule describes
the procedures for facilities where the
installation of structures and equipment
listed in paragraph (c) is not practicable.
The Agency believes that the, alternative
requirements of § 112.7(d) provide the
regulated community with additional
flexibility on complying with the Oil
Pollution Prevention regulation while
fulfilling the intent of the CWA.
The proposed rule would add several
• new requirements. First, facilities would
be required to conduct integrity testing
of tanks every five years at a minimum.
This is in contrast to the proposed
requirement in § 112.8(c)(6) for integrity
testing of tanks every ten years at
facilities, that are able to incorporate
secondary containment features. In
addition, the proposed rule would
require facilities without secondary
containment to conduct integrity and
leak testing of the valves and piping
every year at a minimum. Annual testing
has been proposed because valve and
piping system failures are a major
contributor to oil spills.1
The current § 112.7(d) requires that a
strong oil spill contingency plan and a
written commitment of manpower,
equipment, and materials for spill
control and removal be provided for
facilities without secondary
containment. Since these facilities do
not have oil spill technology that uses
secondary containment, prevention and
countermeasures become of primary
importance and these measures will
have to be implemented immediately to
prevent spills from reaching navigable
waters. Proposed paragraph (d) clarifies
that the contingency plan, must be
provided to the Regional Administrator.
In addition, proposed paragraph (d)
references proposed § 112.4(d). allows
the Regional Administrator to approve
the Plan or require amendment of the
Plan.
The contingency plan is a subsection
of an SPCC Plan. An SPCC Plan can be
divided into two major concepts: (1)
Design, operation, and maintenance
procedures to prevent and control spills.
and (2) how a facility's personnel are to
• Twelve percent of all releases are caused by
pipe leaki and valve failures. "Aboveground
Storage Tank Incident Information Project." API.
Washington. DC. December 20,1986.
4701.FMT...I16.3nl...17.-
respond to a discharge. The contingency
plan is designed to deal with the second
concept. It is proposed that the
contingency plan shall be a separate
section of the SPCC Plan because it
would be more accessible during
emergencies.
One of the first steps in developing a .
contingency plan is to define the
potential hazard. Requirements to define
a hazard are in § 112.7(b). Typically, to
determine the potential hazard, the
following would be examined: Potential
failures, the size of a spill resulting from
each type of failure, how fast and long
the spill event would take to occur, and
what the spill might impact. To
determine what the spill may impact,
the potential spill size, rate of flow, and
direction of travel needs to be analyzed.
The OPA requires facilities that pose a
substantial threat or harm (e.g.', facilities
without secondary containment) to the
navigable waters to prepare a facility
specific response plan. This requirement
will be addressed in Phase II revisions
to the SPCC regulation.
Paragraph (d)(l) of the current rule
states that an oil contingency plan must
follow the provisions of 40 CFR part 109.
The proposed paragraph no longer refers
to 40 CFR part 109, but, specifies basic
requirements for an oil contingency
plan. The proposed revisions to this
paragraph would require that the Plan
include a description of response plans,
personnel needs, methods of mechanical
containment, removal of spilled oil, and
access and availability of sorbents,
booms, and other equipment. Proposed
paragraph (d)(l) would require that the
Plan not rely upon response methods
other than containment and physical
removal of oil from the water, unless
such response methods have been
approved for the contingency plan by
. the Regional Administrator. The
additional approval for the actual use of
dispersants and other chemicals to
respond to oil spills in navigable waters
would continue to be governed by 40
CFR part 300. subpart J of the National
Contingency Plan.
Proposed paragraph (d)(2) contains a
recommendation that the facility owner
or operator consider factors such as
financial capability in making the
written commitment of manpower,
equipment, and materials. '
Section 112.7(e) of the existing
regulation lists the provisions specific to
various types of facilities. This section
has been reorganized and divided into
5! 112.8.112.9.112.10, and 112.11. The
remaining paragraphs in proposed in
§ 112.7 are discussed below.
Proposed Section 112.7(e): Inspection.
tests and records. This is § 112.7(e)(8) in
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54622 Federal Register / Vol. 56. No. 204 / Tuesday. October 22. 1991 / Proposed Rules
the current regulation. A facility should
continually conduct self-inspections and
regular maintenance on its equipment.
In the proposed rule, all records of
inspections and tests are to be
maintained with the SPCC Plan because
these records need to be readily
accessible to EPA personnel and the
certifying PE. The proposed rule changes
from three to five years the period for
which records of inspections and all test
results (along with the written
procedures for performing the
inspections and tests) must be
maintained with the SPCC Plan. The
records of tests, inspections, and
maintenance should be updated
continuously. If these records were part
of the Plan, as stated in the existing rule.
the Plan would need to be amended
each time old records were removed and
new records added. The use of
"maintained with" is intended to
eliminate this problem.
The proposed rule change from three
to five years for retention of records of
inspections, test results, and written
procedures for performance is consistent
with the Federal statute of limitations on
assessment of civil penalties for SPCC
regulatory violations. Extending this
requirement to five years will ensure
that facility owners or operators have
records needed to establish compliance
with the Oil Pollution Prevention
regulation. The provision requiring
inclusion of all records of test results is
a clarification of what inspections
include.
Proposed § HZ7(f): Personnel.
training, and spill prevention
procedures. This section is § 112.7(e)(10)
in the current regulation. Included in this
section are requirements for training
facility personnel. A new
recommendation that training exercises
be conducted yearly and that new
employees be trained within their first
week of work is proposed in
§ 112.7(f)(l). A high percentage of spills
are caused by operator error, therefore,
training and briefings are important for
the safe and proper functioning of a
facility. Training encourages up-to-date
planning for the control and response to
a spill. Training courses help sharpen
operating and response skills, introduce
the latest ideas and techniques, and
promote contact with the emergency
response organization and familiarity
with the SPCC Plan. Refresher training
must be carried out in a consistent and
regular manner to ensure currency and
capability of employees. New
employees may have a higher
probability for operation errors and,
therefore, need training as soon as
possible after their employment. Facility
S-310999 OOI2(OOX21-OCT-9I-13:49:24)
training in emergency response
operations could be held in conjunction
with local contingency planning efforts
in accord with SARA Title III
requirements.
Proposed § 112.7(g): Security
(excluding oil production facilities).
This section is § 112.7(e)(9) in the
current regulation. Requirements for
fencing, locks, lighting, and other
security measures at facilities are
described in this section.
Vandalism is a factor in many spills
from facilities, therefore, there is a need
for adequate and effective security to
prevent access to the site by
unauthorized persons and to prevent
tampering with equipment and tanks.
Paragraph (e)(9)(ii) of the current rule
requires that master flow and drain
valves be securely locked in the closed
position-when in non-operating or non-
standby status. Because of changes in
technology and the use of manual and
electronic valving. the Agency believes
that this provision should be clarified to
require closure of valves; however, the
method of securing valves is left to the
discretion of the facility and good
engineering practice, as described in
proposed § 112.7(g)(2).
Paragraph (e)(9)(iv) of the current rule
requires that the loading/unloading
connections of oil pipelines be securely
capped or blank-flanged when not in
service or stand-by service for an
extended time. Proposed paragraph
(g)(4) clarifies "an extended time" to be
a time greater than "six months." This
time period is based on experience in
the Regions. Regional personnel found
that some spills were caused by loading
or unloading oil through the wrong
pipeline or turning the wrong valve
when the pipeline in question was
Actually out-of-service. Since this rule
applies to facilities and tanks operating
seasonally and since a number of
loading/unloading connections are used
seasonally, a period of six months is
proposed. .
Proposed § 112.7(h): Facility tank car
and tank truck loading/unloading rack
(excluding offshore facilities). This
section is 5 112.7(e)(4) in the current
regulation. Because many onshore
facilities subject to the SPCC regulation
have tank car and tank truck loading/
unloading racks, this paragraph was
kept in the general applicability section.
Proposed § 112.7(i). This section
references conformance with the
applicable provisions in proposed
§§ 112.8.112.9.112.10. and 112.11 and if
more stringent, with State rules,
regulations, and guidelines.
4701.FMT...|16.301...12-2B-fln
H. Section 112.8: Spill Prevention.
Control, and Countermeasures Plan
Requirements for Onshore Facilities
(Excluding Production Facilities)
This section combines §§ 112.7(e)(l).
112.7(e)(2), and 112.7(e)(3) of the current
regulation. The word "plant" is changed
to "facility" to clarify EPA's intent.
Current § 112.7(e)(l) discusses facility
drainage systems and is proposed to be
renumbered as paragraph (b).
Proposed § 112.8(b)(3) clarifies that
only undiked areas of a facility's
property that are located such that they
have a reasonable potential to be
contaminated by an oil spill are required
to drain into a pond, lagoon, or
catchment basin. A good SPCC Plan
should seek to separate reasonably
foreseeable sources of contamination
and non-contamination.
In proposed § 112.8(b)(4), "plant
drainage" is changed to "facility
drainage"; "ditches" is changed to
"drainage" to clarify the meaning of the
section. It is proposed that spilled oil
shall be retained in the plant rather than
returned to the plant. This change
follows the spill prevention and control
intent of this rule. Furthermore, it should
be easier to retain spilled oil rather than
retrieve oil that has been spilled and
discharged from the facility. This should
enhance efforts to prevent the discharge
from reaching navigable waters.
Current § 112.7(e)(i)(v) is proposed as
§ 112.8(b)(5) and has been reworded to
improve its clarity.
Proposed § 112.8(b)(6) includes a
clarification that compliance with the
SPCC regulation does not preclude the
need for owners or operators to comply
with the requirements of Federal, State
and local agencies such as those for
facilities in areas subject to flooding.
The Plan should address these
additional measures related to flooding.
This is consistent with the FEMA
promulgated requirements in 44 CFR
part 60 for aboveground storage tanks
located in flood hazard areas. For
further discussion of FEMA's flood plain
management requirements, see section
IV.E. of this preamble.
Current 5 H2.7(e)(2) discusses bulk
storage containers and is proposed to be
renumbered as § 112.8(c). Proposed
§ 112.8(c)(l) contains a new
recommendation that tanks conform
with relevant industry standards as
"good engineering practice". Paragraph
(e)(2)(ii) of the current rule requires that
tank installations include a secondary
means of containment for the contents
of the largest single tank and sufficient
freeboard to allow for precipitation.
Although the current rule and the
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Federal Register / Vol. 56, No. 204 / Tuesday, October 22, 1991 / Proposed Rules
54623
proposed revisions do not set a standard
for "sufficient" freeboard, EPA
recommends freeboard sufficient to
contain a 25-year storm event. Certain
facilities may have equipment such as
electrical transformers that contain
significant quantities of oil for
operational purposes rather than storage
purposes. EPA has determined for safety
and other considerations that such oil
filled equipment should not be subject to
the provisions of proposed § 112.8(c) or
§ 112.9(d) addressing bulk storage
containers at onshore facilities because
the primary purpose of this equipment is
not the storage of oil in bulk.
Consequently, facilities with equipment
containing oil for ancillary purposes do
not need to provide secondary
containment for this equipment nor
implement the other provisions of
proposed § 112.8(c) or § 112.9(d). Oil-
filled equipment must meet other
applicable SPCC requirements including
the general requirements and the
requirements of § 122.7, including
§ 112.7(c). to provide appropriate
containment and or diversionary
structures to prevent discharged oil from
reaching a navigable water course. The
general requirement for secondary
containment, which can be provided by
various means including drainage
systems, spill diversion ponds, etc., will
provide for safety and also meet the
goals of section 311(j)(l)(c) of the CWA.
The oil storage capacity of the
equipment, however, must be included
in determining the total storage capacity
of the facility, which determines
whether a facility is subject to the Oil
Pollution Prevention regulation. The
Agency believes that this interpretation
will ensure that facilities containing oil
storage capacity above the quantity cut-
offs prepare SPCC Plans while, at the
same time, recognizing that certain
types of equipment use oil in specialized
ways for which the provisions of
proposed § 112.B(c) or § 112.9(d) are not
necessary.
The SPCC Plan, however, will not
require that specific oil spills prevention
measures designed for storage tanks.
such as dikes, be installed. EPA also
solicits comments and data that might
identify operational rather than storage
uses of oil. other than electrical
transformers, for facilities that may not
currently use secondary containment as
a common industry practice.
The current rule also requires that
diked areas must be sufficiently
impervious to contain spilled oil. The
proposed § 112.B(c)(2) clarifies that
these diked areas must be able to
contain spilled oil for at least 72 hours
S-310999 OOU(OOX2I-OCT-91-I3:49:28)
(see previous discussion of § 112.7(c) in
this, preamble).
Current paragraph (e)(2)(iv) addresses
underground metallic storage tanks and
is proposed to be renumbered as
§ 112.8(c)(4). Because tanks currently
subject to the technical requirements of
the UST regulation (40 CFR part 280)
would be generally exempted from
SPCC requirements under proposed
§ 112.1(d)(4), proposed § 112.8(c)(4]
would only apply to tanks not covered
by the UST requirements.
Paragraph (e)(2)(iv) in the current rule
requires buried tanks to be subjected to
regular pressure testing. Under proposed
§ 112.8(c)(4), regular leak testing is
recommended for such tanks. Leak
.testing is specified.'rather than pressure
testing, in order to be consistent with
many State regulations. The Agency is
not proposing to require leak testing
under the Oil Pollution Prevention rule
until further data are generated. The
Agency is aware that this technology is
evolving rapidly with new volumetric
testing designs, acoustic detection .
methods, and tracer .gas techniques in
various stages of commercial
development. EPA's Office of
Underground Storage Tanks will be
reviewing these new techniques and
subsequently may issue technical
requirements for tanks for which
technical provisions under 40 CFR part
280 are currently deferred. These
technical provisions may be
incorporated into this regulation. •
Under 8 112.7(e)(2)(v) of the current
rule, partially buried metallic tanks are
to be avoided unless the shell is coated.
Under proposed § 112.8(c)(5). it is
recommended that partially buried or
bunkered metallic tanks be avoided
altogether. If such tanks are used.
however, they must be protected from
corrosion by coatings, cathodic
protection, or other methods. This
proposed provision is consistent with
the requirements for completely buried
tanks.
Paragraph (e)(2)(vi) of the current rule
requires that aboveground tanks be
subject to periodic integrity testing and
lists suggested testing techniques.
Proposed § 112.8(c)(6) specifies that the
testing must be performed every ten
years and when material repairs are
conducted. An example of such testing
is a full hydrostatic test performed when
a tank is reconstructed or when the tank
has undergone major repairs or major
alterations. A major repair or alteration
may include removing or replacing the
annular plate ring, replacement of the
tank bottom, or jacking of a tank shell.
EPA believes that a ten-year testing
interval is standard industry practice
4701.FMT...[16.30]...12-28-90
although many types of tanks, such as
those storing types of crude oil. may
require more frequent testing. In
addition to hydrostatic testing, visual
testing, and a system of non-destructive
shell testing, as listed in the current rule.
the Agency recommends such
techniques as radiographic, ultrasonic.
or acoustic emissions testing for testing
the integrity of aboveground tanks. The
Agency does not believe that visual
tests alone are sufficient for an integrity
test, and that they should be used in
combination with the aforementioned
techniques.
Studies of the Ashland oil spill
suggest that the tank collapse resulted
from a brittle fracture in the shell of the
tank. Adequate fracture toughness of the
base metal of existing tanks is an
important consideration in spill
prevention, especially in cold weather.
Although no definitive non-destructive
test exists for testing fracture toughness.
the API 650 standard establishes
material toughness criteria that reduce
the risk of brittle fracture; therefore, the
Agency recommends that this standard
be used as a starting point.
Section 112.7(e)(2](vii) of the current
rule discusses the factors to be
considered to control leakage from
defective internal heating coils. Under
paragraph (e)(2)(vii)(A) of the current
rule, steam return or exhaust lines from
internal heating coils that discharge into
an open water course must be monitored
or passed through a settling tank,
skimmer, or other separation or
retention system. In proposed
§ 112.8(c](7)(i), the Agency recommends
that these systems be designed to hold
the entire contents of the affected tank.
be of sufficient size to contain a spill
that may occur when the system is not
being monitored, or have fail-safe oil
leakage detectors. The revision in
.. proposed § 112.8(c](7)(ii) clarifies that
consideration of the feasibility of
installing an external heating system is
a discretionary provision.
Paragraph (e)(2)(viii) of the current
rule lists several devices to ensure that
new and old tank installations are fail-
safe engineered: one or more of these
devices is required at a facility. Testing
frequency of these devices may vary
depending on the type of sensor and the
manufacturer. The Agency is not
specifying a time frame for testing
sensing devices, but recommends
regular testing in accordance with
• manufacturer specifications and
schedules. Proposed § 112.8(c)(8)(v)
allows for the use of other newly
' developed sensing devices if these
devices will provide equivalent
protection consistent with § 112.7(a).
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54624 Federal Register / Vol. 56. No. 204 / Tuesday. October 22. 1991 / Proposed Rules
Paragraph (e)(2)(x) of the current rule
requires that oil leaks from tank seams,
gaskets, rivets, and bolts sufficiently
large to cause accumulation of oil in
diked areas be promptly corrected.
Proposed § 112.8(c)(10) adds a
requirement that the accumulated oil or
oil-contaminated materials must be
removed within 72 hours from the time
the spill event occurs. This time frame is
consistent with the requirement for
diked areas as specified in proposed
§ 112.7(c).
Paragraph (e)(2)(xi) of the current rule
discusses the requirements for mobile or
portable oil storage tanks. In proposed
§ 112.8(c)(ll). it is recommended that
these systems have a secondary means
of containment for the largest container.
Since many mobile and portable tanks
are sited for a short duration at
construction sites and moved frequently
from location to location. EPA
recognizes that it will not always be
feasible to have secondary containment.
If it is not technically feasible, the SPCC
plan should include a complete
discussion of why it is not feasible, and
state the countermeasures to be used in
case of a spill.
Section 112.7{e)(3) of the current
regulation discusses facility transfer
operations, pumping, and in-plant
.process and is proposed to be
renumbered 5 112.8(d). The current
§ 112.7(e)(3)(i) requires that buried
piping installations have a protective
coating and be cathodically protected if
soil conditions warrant. Proposed
§ 112.8(d)(l) requires protective coating
and cathodic protection for new or
replaced buried piping, regardless of soil
conditions. Based on EPA experience,
the Agency believes that all soil
conditions warrant protection of buried
piping. However, the Agency is not
requiring currently in-place buried
piping to have a protective wrapping
and be cathodically protected. The
owner or operator of a facility in the
past may have determined that soil
conditions do not warrant these
protection methods. Further, the Agency
also believes that the activities
associated with replacing all
unprotected buried piping would
possibly cause more spills than it would
prevent. The proposed paragraph would
allow facilities the option of complying
with other corrosion protection
standards for piping specified in 40 CFR
part 280.
In proposed § 112.8(d)(l), it is
recommended that piping installations
shall be placed aboveground whenever
possible. The Agency encourages the
placement of these installations in leak-
proof galleys that feed to the facility's
S-310999 OOI4{OOX2I-OCT-9I-13:49:31)
oil/water separator. Paragraph (e)(3)(ii)
of the current rule requires that the
terminal connection of oil pipelines be
securely capped or blank-flanged when
not in service or in stand-by service for
an extended time. Proposed paragraph
(d)(2) clarifies "an extended time" to be
"six months or more."
Proposed § 112.8(d](4) clarifies that all
aboveground valves, piping, and
appurtenances must be subjected to
monthly examinations. In the current
rule, this provision requires "regular"
examinations of "aboveground valves
and pipelines" only. It has been the
Agency's experience that other
appurtenances may be a major cause of
oil spills and should be regularly
examined. The current rule also suggests
that periodic pressure testing may be
warranted for piping in certain areas.
The proposed rule recommends that
facilities conduct annual integrity and
leak testing of buried piping or monitor
buried piping monthly following the
monitoring requirements of 40 CFR part
280. In addition, records of this testing or
monitoring are to be maintained for a
period of at least five years (see section
III.G.. and ! 112.7(e)). The Agency
recommends that all valves, pipes, and
appurtenances conform to relevant
industry codes, such as ASME
Standards.
Proposed 5 112.8(d)(5) adds a
recommendation that facilities post
vehicle weight restriction to prevent
damage to underground piping.
/. Section 112.9: Spill Prevention.
Control, and Countermeasures Plan
Requirements for Onshore Oil
Production Facilities
This section is § 112.7(e)(S) in the
current regulation. Paragraph (e)(5)(ii)(B)
of the current rule requires that
accumulations of oil from ditches, oil
traps, sumps, or skimmers be removed.
Proposed § 112.9(c)(2) clarifies that oil-
contaminated soil, as well as
accumulation of oil. must be removed.
EPA encourages facilities to remove
such accumulations immediately, or
within the 72 hour required period if
immediate removal is not feasible. EPA
recognizes that many production
facilities are not staffed during a given
72 hours, and therefore cleanup and
discovery times may lag. EPA solicits
comments on the appropriate amount of
time for discovery and removal of
spilled oil at production facilities.
Proposed § 112.9(c)(3) is a new
recommendation, for oil production
facilities in areas subject to flooding, .
that the Plan address additional
precautionary measures related to
flooding. FEMA's requirements for
aboveground storage tanks located in
4701.FMT...[16,30J...12-28-90
flood hazard areas are discussed in
Section IV. E. of this preamble.
Proposed § 112.9(dj(l) contains a
recommendation that tanks conform
with relevant industry standards, similar
to the recommendation in proposed
§ 112.8(c). Paragraph (e)(5)(iii)(B) in the
current rule requires secondary
containment for the contents of the
largest single tank, if feasible; the
proposed revision in 5 112.9(d)(2)
clarifies that the containment must
include sufficient freeboard to allow for
precipitation. Agency experience has
determined that freeboard for
precipitation at production facilities to
be very important because these
facilities are frequently left unattended
and water is more likely to accumulate
in diked areas. Paragraph (e)(5)(iii)(C) of
the current rule requires that production
tanks must be visually examined on a
scheduled periodic basis. Proposed
§ m.9(d)(3) clarifies that the
examination must occur at least once a
year. It is also proposed that facility
owners and operators be required to
maintain the schedule and records for
examinations of tanks for a period of
five complete years, irrespective of
changes in ownership (see Section III.G.,
and § 112.7(e)).
Paragraph (e)(5)(iv)(A) of the current
rule requires that aboveground valves
and piping be examined periodically on
a scheduled basis. Proposed § 112.9(e)(l)
clarifies that the examination must
occur monthly, that the schedule of
examinations must be included in the
SPCC Plan, and that records must be
maintained for five years (see Section
III.G.. and.5 112.7(e)). EPA has found
that failures in a facility's internal piping
system are a major cause of oil spills.
The Agency believes that monthly
examinations will prove effective in the
discovery and remediation of potential
problems. Paragraph (e)(5)(iv)(B) of the
current rule requires oil field brine
disposal facilities to be examined often.
EPA is not proposing a change to this
requirement because the circumstances
of location and staffing schedules vary
greatly for such facilities. EPA, however,
suggests that weekly examination will
be an appropriate engineering standard
for most facilities. Low temperature
conditions, sudden temperature changes.
or periods of low flow rates may require
more frequent inspections.
Paragraph (e)(5)(iv)(C) of the current
rule requires production facilities to
have a program of fiowline maintenance'
at the facility's transfer operations. EPA
is proposing to change this requirement
to a recommendation because the
circumstances of locations, staffing, and
design vary greatly for production
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Federal Register / Vol. 56, No. 204 / Tuesday, October 22, 1991 / Proposed Rules
54625
facilities. EPA suggests that monthly
examinations are appropriate for most
facilities.
/. Section 112.10: Spill Prevention,
Control, and Countermeasures Plan
Requirements for Onshore Oil Drilling
and Workover Facilities
This section is § 112.7(e)(6) in the
current rule and includes requirements
for onshore oil drilling and workover .
facilities. Paragraph (e)(6)(i) of the
current rule requires that mobile drilling
or workover equipment be located so as
to prevent spilled oil from reaching
navigable waters.
Proposed § 112.10(d) requires that
"when necessary," a blowout prevention
assembly and well control system be
installed that is capable of controlling
any anticipated wellhead pressure that
is expected to be encountered while that
blowout assembly is on the well. EPA
recognizes that a blowout prevention
assembly is not necessary where
pressures are not great enough to cause
a blowout (gauge negative) and need not
be required in all cases. However, a
gauge negative reading must be
evaluated in conjunction with an
examination of the known history of the
pressures encountered when drilling on
the oil reservoir. The history of the
reservoir may indicate that a blowout
prevention assembly and well.control
system is needed. Where the history of
the reservoir is not known, then a
blowout prevention assembly and well
control system must be installed.
K. Section 112.11: Spilt Prevention.
Control, and Countermeasures Plan
Requirements for Offshore Oil Drilling.
Production, or Workover Facilities
This section is § 112.7(e)(7) in the
current regulation and includes the
requirements for offshore oil drilling.
production, and workover facilities. The
definition of these facilities has been
moved to § 112.2 (j). Numerous other
editorial changes have been made to
clarify the intent of this section.
As indicated in § 112.11(b) of this
proposed regulation, offshore oil drilling.
production, and workover facilities that
are subject to the Operating Orders,
notices, and regulations of the MMS are
not subject to this part. Paragraph
(e)(7)(ii) of the current rule requires
removal of oil in collection equipment as
often as necessary to prevent overflow.
The proposed § 112.11(c) has been
amended to require removal of collected
oil at least once a year. EPA believes
that yearly oil removal will prevent
buildup of accumulated oils. A
protracted removal period could lead to
an accidental excess buildup and
resultant overflow.
Paragraph (e)(7)(iii) of the current rule
requires a regularly scheduled
maintenance program for the liquid
removal and pump start-up device.
Because offshore facilities have less
ability to control spills in navigable
waters than onshore facilities, their
containment devices are particularly
important. In the proposed § I12.11(d),
"regularly scheduled" is clarified as
"monthly."
With regard to corrosion protection in
proposed § 112.11(h). the Agency
recommends that the appropriate NACE
standards be followed in determining
suitable corrosion protection for tanks.
Proposed § 112.11(j) cites simulated spill
testing as a preferred method to test and
inspect oil spill prevention equipment
and systems. Experience has
demonstrated that properly maintained
and functioning pollution prevention
equipment is the most cost-effective
way to control oil spills. These systems
are crucial at offshore oil drilling,
production, and workover facilities
where a reduced ability to prevent oil
from reaching navigable waters exists.
Therefore, proposed § 112.11(j) has also
been revised to require scheduled
periodic testing and inspection of
pollution prevention equipment not less
than monthly.
Paragraph (e)(7)(x) of the current rule
requires the owner or operator to
describe well shut-in valves and devices
and to keep detailed records for each
well. Proposed § 112.11(k) clarifies that
this documentation must be maintained
at the facility for a period of no less that
five years (see Section m.G. and
§ 112.7(e)).
Paragraph (e)(7)(xii) of the current rule
describes extraordinary well control
measures for emergency conditions. In
proposed § 112.11(m), such measures are
restated as recommendations. Further
measures will be examined in the
context of spill contingency planning.
Contingency planning will be a major
topic of the Phase Two rulemaking and
the provisions in this proposed
paragraph will be reviewed at that time.
The order of sections in the current
§ 112.7(e)(7)(xiii) has been changed for
clarity. Section 112.7(e)(7)(xiii) of the
current rule is proposed to be
renumbered as § 112.11(3), and
paragraphs (e)(7)(xiv) through
(e)(7)(xviii) of the current rule are
proposed to be renumbered as § 112.11
in) through (r). accordingly.
IV. Relationship to Other Programs
A. Underground Storage Tanks
A number of underground and
aboveground petroleum storage tanks
(as defined by the proposed revisions to
40 CFR part 112) are subject to both the
Oil Pollution Prevention regulation and
the UST regulation (40 CFR part 280)
issued under subtitle I of the Resource
Conservation and Recovery Act
(RCRA).
A goal of both the SPCC and UST
programs is to prevent releases of
petroleum, although there are
differences in applicability, approach,
. and the regulated community. For
example, the current Oil Pollution
Prevention regulation is applicable to
the owners or operators of facilities: (1)
Possessing either underground storage
capacity greater than 42.000 gallons of
petroleum (or any other oil), or total
aboveground storage capacity'greater
than 1.320 gallons of oil (or greater than
660 gallons of oil in a single
aboveground tank); and (2) that, because
of their location, could reasonably be
expected to discharge oil into or upon
the navigable waters of the United
States or adjoining shorelines. The UST
regulations apply to owners or operators
of underground petroleum tank systems
(as defined in 40 CFR part 280) that have
a volume at least ten percent beneath
the surface of the ground. (The UST
program also regulates underground
storage tanks containing hazardous
substances as defined by the
Comprehensive Environmental
Response, Compensation, and Liability
Act. as amended (CERCLA)).
In addition, the SPCC program is
designed to protect surface waters.
whereas the UST program under RCRA
subtitle I is intended, in part, to provide
protection for ground water. Finally, the
regulatory focus of the SPCC and UST
programs currently differs significantly
as they relate to underground storage
tanks. The SPCC program regulates
facilities with relatively large
underground storage capacity, whereas
the bulk of the currently regulated
universe under the UST technical
standards (40 CFR part 280) is small-
capacity USTs at facilities such as
gasoline filling stations. Because EPA
believes that the UST program offers
equivalent protection. EPA is proposing
to exclude from SPCC coverage (with
two limited exceptions described below)
underground storage tanks that are
covered by all of the UST program
provisions in 40 CFR part 280.
It is important to note that application
of the technical standards under the
UST regulation has been deferred for
several types of UST systems, including
systems with field-constructed tanks (40
CFR 280.10(c)(5)). Therefore, such
systems are not "subject to all of the
UST provisions" and. thus, are subject
to SPCC requirements under this
S-310999 0015(00X21-OCT-91-13:49:35)
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54626
Federal Register / Vol. 56, No. 204 / Tuesday, October 22, 1991 / Proposed Rules
proposal. Further, this exclusion from
SPCC coverage for underground storage
tanks subject to all UST. program
provisions is limited to USTs meeting
the proposed SPCC regulation definition
of an underground storage tank, i.e., a
tank completely covered with earth. The
definition used in the UST program, 40
CFR part 280. is broader and includes
partially buried tanks. The SPCC
program proposes to regulate any tanks
that are not completely buried because
tanks with exposed surfaces exhibit a
greater potential to discharge into
navigable waters of the United States
and other surface waters. Thus, a
facility may have some tanks that are
exempt from SPCC requirements and
some tanks that are not exempt.
The applicability of 40 CFR part 112 is
limited to facilities with underground or
abovegraund capacity as previously
outlined (i.e., facilities possessing
underground oil storage capacity greater
than 42.000 gallons, total aboveground
oil storage capacity greater than 1,320
gallons, or oil storage capacity greater
than 660 gallons in a single aboveground
tank). As a result of the proposed
exclusion from SPCC program coverage
for tanks currently subject to all UST
program provisions in 40 CFR part 280,
the calculation of a facility's
underground storage capacity should
not include those tanks.
Finally, there is a qualification in this
proposed rule that affects the general
exclusion for USTs currently regulated
under 40 CFR part 280. Although an UST
may be exempt from the SPCC
requirements, if the facility has non-
exempt tanks for which it must prepare
a facility SPCC Plan, the location and
content)* of the exempt tanks must be
marked on the facility diagram. All
tanks must be marked on the facility
diagram so that response personnel are
able to easily identify dangers from
either fire or explosion, or physical
impediments during spill response
activities. In addition, facility diagrams
may be referred to in the event of design
modifications.
B. State Programs
State and local governments are
encouraged to supplement the Federal
SPCC program using their own
authorities. An increasing number of
States have established or are
considering State-authorized oil
pollution prevention programs. Some of
the State programs have imposed
requirements more stringent than the
Federal requirements or have added
new requirements, such as tank
licensing, tank standards, and location
specifications. In addition, many States
are currently assessing the adequacy of
S-310999 0016(OOX21-OCT-91-13:49:38)
related programs or are considering
legislation oh aboveground oil storage
tanks. Compliance with the SPCC
program requirement does not alleviate
the responsibility of owners and
operators of affected facilities to comply
with these various State requirements.
C. Superfund Amendments and
Reauthorization Act of 1986 (SARA)
Title III Integration With Local
Emergency Planning
Section 311 of the CWA does not
authorize EPA to delegate elements of
the SPCC program to the States. The
Agency does recognize, .however, that
local officials, such as fire marshals,
frequently inspect the installation of
aboveground storage tanks to enforce
local codes and are often the first on-
scene responders to oil spills. Therefore.
to ensure better local involvement and
awareness of a potentially harmful spill.
the Agency is proposing to require that
the facility SPCC Plan include telephone
numbers to contact various local
authorities. The Agency believes that
this contact list will aid in emergency
planning and response in the event of an
oil spill.
Beyond this, coordination between
Federal/State/local agencies is possible
through additional authorities—in
particular, sections 311 and 312 of the
Emergency Planning and Community
Right-to-Know Act (EPCRA) or SARA
Title in (42 U.S.C. 11021.11022). These
provisions require facilities that are
directed to prepare or have available
material safety data sheets (MSDSs)
under regulations of the Occupational
Safety and Health Administration
(OSHA), to submit MSOSs and annual
inventory data for "hazardous
chemicals" to State Emergency
Response Committees (SERCs). Local
Emergency Planning Committees
(LEPCs), and fire departments, if the
amount present on site at any time
exceeds specified threshold levels.
Petroleum products fall within the
definition of "hazardous chemicals"
under SARA Title III. This reporting
requirement affects all types of facilities.
Beyond State-authorized oil pollution
prevention programs, the community.
right-to-know requirements of sections
311 and 312 of SARA Title III can be an
effective component of State and local
involvement in spill prevention and
control activities. Specifically, by
receiving MSDSs for all petroleum and
other hazardous chemical facilities, the
LEPC, using hazard analysis techniques.
can establish priorities for addressing
hazards in the community. Instead of
addressing a regulated population of
over 400.000 facilities, as the Federal
government does in the SPCC program.
4701.FMT...[16.30]...12-28-90
each LEPC can identify and focus on a
smaller population of priority local
facilities in evaluating preparedness and
available response resources and
preparing a local emergency response
plan, thus supplementing and
complementing the Federal SPCC
program, and later, local area committee
plans. The LEPC. industries, and other
interest groups can develop a
constructive dialogue that assists in
developing prevention techniques and
identifying procedures for responding to
releases. EPA expects to work closely
with States to develop mechanisms for
sharing information about facilities and
oil spills to improve the protection of
navigable waters from discharges of oil,
and human health and the environment.
In addition to coordination among
Federal. State, and local regulatory
entities under SARA Title III. facility
owners or operators should ensure that
their contingency plans, developed
under the SPCC regulations, are
compatible and coordinated with local
emergency plans, including those
developed under SARA Title III. As
discussed in Section II of this preamble,
although the proposed revisions to the
SPCC regulation do not amend
materially the contingency planning
requirements contained in the existing'
regulation. EPA will address this issue
in depth in the Phase Two modifications
to the regulation. To implement the
provisions of the OPA, EPA will propose
to require certain facilities to prepare
and submit a plan for responding, to the
maximum extent practicable, to the
largest foreseeable discharge in adverse
weather conditions. Under the current
regulation, facilities are required to
implement a contingency plan when it is
impracticable to implement certain oil
spill prevention practices.
D. Wellhead Protection
Compliance with the requirements of
section 311 of the CWA and their
facility's SPCC Plan does not alleviate
the need for facility owners or operators
to be in compliance with State Wellhead
Protection (WHP) programs required by
section 1428 of the Safe Drinking Water
Act (SDWA). Many public water supply
wells are located in permeable
formations bordering streams or surface
waters, which at times recharge these
surface waters-. These wells may be
vulnerable to contamination if an oil
spill should occur and. therefore, may
require added protection. WHP
programs are designed to protect public
water/supply wells located in these type
of settings.
Section 1428 of the SDWA requires
that each State adopt and submit to
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Federal Register / Vol. 56. No. 204 / Tuesday. October 22, 1991 / Proposed Rules
54627
EPA. a WHP program that, at a
' minimum:
• Specifies the duties of State
agencies, local government entities, and
public water supply systems with
respect to the development and
implementation of programs;
• For each wellhead, determines the
wellhead protection area (WHPA), as
defined in section 1428(e), based on all
reasonably available hydrogeologic
information;
• Identifies within each WHPA all
potential anthropogenic sources of
contaminants that may have adverse
effects on human health:
• Describes a program that contains.
as appropriate; technical and financial
assistance, implementation of control
measures, education, training, and
demonstration projects to protect the
water supply within WHPAs from
contaminants; \
• Includes contingency plans for the
provision of alternative drinking water
supplies in the event of contamination;
• Includes a requirement to consider
all potential sources of such
contaminants within the expected
wellhead area of a new water well,
which serves a public water supply
system; and
• Includes a requirement for public
participation in the development of the
WHP program.
At this time, EPA has received WHP
submittals for review from 30 States.
This proposed rule indicates that
owners and operators must comply with
both the State WHP program and the
SPCC regulations. Meeting the
requirements of the SPCC program does
not necessarily ensure compliance with
a State WHP program.
E. Flood-Related Requirements
In S 112.8(b)(6) and § 112.9(c)(3) of the
proposed rule, it is recommended, in
accordance with Executive Order 11988,
Floodplain Management, that the SPCC
Plan address precautionary measures
for facilities in locations subject to
flooding. The National Flood Insurance
Program (NFIP) definition of structures
includes aboveground oil storage tanks.
At a minimum, acceptable mitigation
measures are specified in Executive
Order 11988 and reference the NFIP's
flood loss reduction standards; those
standards should be addressed in the
SPCC Plan for aboveground storage
tanks located in a flood hazard area.
Standards for newly constructed or
substantially improved aboveground
storage tanks are contained in 44 CFR
60.3.
NFIP requires, among other things.
that tanks be designed so that the
lowest floor is elevated to or above the
base flood level or be designed so that
the structure below the base level is
watertight with walls substantially
impermeable to the passage of water,
with structural components having the
capability of resisting hydrostatic and
hydrodynamic loads, and with the
capability to resist effects of buoyancy.
For structures that are intended to be
made watertight below the base flood
level, a Registered Professional Engineer
must develop and/or review the
structural design, specifications, and
plans for construction, and certify that
they have been prepared in accordance
with accepted standards of practice.
Additionally, the NFIP has specific
standards for coastal high hazard areas.
Existing tanks located in coastal high
hazard areas will be subject to high
velocity waters, wave action, and the
accompanying potential for severe
erosion and scour. Retrofitting measures
for tanks should be tailored to the
unique hazards of the coast and may
include flood protection works,
floodproofing, and other modifications
to facilities that will reduce the damage
potential. In complying with the
requirements of the SPCC regulation
while developing a SPCC Plan, owners
or operators are encouraged to consider
and comply with the requirements in 44
CFR 60.3.
.•". Occupational Safety and Health
. .dministration
A number of aboveground storage
tanks are subject to OSHA requirements
under 29 CFR 1910.106. OSHA regulates
occupational settings where flammable
and combustible liquids are present.
Requirements for tanks and ancillary
equipment, secondary containment,
inspections and testing, and contingency
planning are set forth in the OSHA
regulations.
OSHA requires tanks to be spaced
three to 20 feet apart, and proper venting
and fire resistant supports to be
installed. API 620 and 2000. the ASME
Boiler and Pressure Code, ANSI 31, and
UL standards are incorporated into
OSHA guidelines. Dikes must be able to
contain 100 percent of each tank's
capacity, the dike walls must average
six feet in height, and earthen dikes
must be more than three feet in height
and two feet in width at the top. OSHA
requires only a one-time test (including
hydrostatic testing) for strength and
tightness: however, compliance with
ASME. API. or UL standards must be
marked on all tanks prior to use.
OSHA requirements outlined in 29
CFR 1910.106 are important to good spill
prevention programs and should be
incorporated into SPCC Plans whenever
doing so represents good engineering
practice.
V. Request For Comments
As discussed in section II of this
preamble, the Agency is soliciting
comments and data on the proposed
notification requirements, spill
contingency planning needs, the
discretionary nature of certain
provisions, and the possibility of making
certain provisions requirements only for
large facilities. Also in Section II of the
preamble, EPA requests comments on
other practices that are not proposed at
this time, including: (1) That owners or
operators attach a signed and dated
statement to the SPCC Plan upon
completion of Plan review; and (2) that
owners or operators of onshore facilities
other than production facilities describe
the design capabilities of their drainage
systems in the SPCC Plan. Section III of
the preamble contains a request for
comments on the advantages and
disadvantages associated with the •
professional engineer being registered in
the State in which the facility is located
and the additional requirement that the
professional engineer not be an
employee of the facility or have any
direct financial ties to the facility. EPA
also solicits comments and data on
'criteria for defining "permanently
closed" tanks.
In addition to the specific requests
described above, EPA solicits comments
and information on several other issues.
One particular issue involves facilities
with equipment, suchas electrical
transformers, that contain significant
quantities of oil used for operational
purposes. As described in section III.H.
the Agency has determined that such
equipment is not subject to the
provisions addressing bulk storage
containers. EPA solicits comments on
whether there are examples of other
facilities with similar equipment
containing oil for ancillary purposes that
should not be subject to the proposed
bulk storage provisions. Also. EPA
solicits comments from owners or
operators of facilities with SPCC plans
currently in place as to whether they
believe existing plans would be
adequate to meet the requirements of
the regulation/as proposed.-In particular
the Agency would like comments on this
issue from owners and operators of
farms, electrical facilities, and facilities
storing food oils. Including information
as to the extent to which the proposed'
requirements may impose new
compliance costs.
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54628 Federal Register / Vol. 56. No. 204 / Tuesday. October 22. 1991 / Proposed Rules
VI. Regulatory Analyses
A. Economic Analyses
EPA has prepared two preliminary
economic analyses to support today's
proposed rule; an initial economic
impact analysis and a supplemental
cost/benefit analysis. Both analyses
. estimate the societal benefits resulting
from fewer oil spills, and the economic
effects on the SPCC-regulated
community on the following proposed
revisions: (1) The proposed one-time
notification form: (2) The proposed
regulatory language modifications; and
(3) two new proposed discretionary
practices. However, these two analyses
differ primarily in assumptions
regarding how the regulated community
would interpret certain proposed
revisions, and. therefore, how the
behavior of SPCC-regulated facilities
would change.
The initial economic impact analysis
developed cost estimates only for the
proposed notification form. No costs or
benefits were estimated for the
proposed changes in regulatory language
and the two new proposed discretionary
practices because these were assumed
not to alter significantly the behavior of
the SPCC-regulated community. Based
on the findings of the initial economic
impact analysis, the proposed rule
would be expected to be non-major
because the economic effects would
result in estimated costs of
approximately $9.9 million during the
first year the rule is in effect and
approximately $200,000 in each
subsequent year. The present value of
the cost, discounting at 10-percent over
a 10-year period, is about $10 million.
EPA performed an additional analysis
to estimate the economic effects of the
proposed rule based on alternative
expectations about how the regulated
community would interpret certain
proposed revisions. Specifically, a
supplemental cost/benefit analysis was
performed to estimate the economic
effects of: (1) Certain proposed revisions
(described in Section III of the
preamble) to the regulatory language
based on the assumption that a
substantial proportion of the regulated
community would need to change their
behavior to comply with these
provisions; and (2) two new proposed
discretionary provisions (described in
Section ll.C of the preamble) based on
the assumption that a substantial
proportion of the regulated community
would need to change their behavior as
a result of these new requirements. The
estimated cost and benefits of the .
proposed notification form as calculated
in the initial analysis also were
presented. Based on this supplemental
analysis, the proposed rule would be a
major rule as defined by Executive
Order No. 12291. because the annualized
estimated cost (based on a 10-year time
horizon and a 10-percent discount rate)
is about $145 million. Both the
"Economic Impact Analysis of the
Proposed Revisions to the Oil Pollution
Prevention Regulation" and the
"Supplemental Cost/Benefit Analysis of
the Proposed Revisions to the Oil
Pollution Prevention Regulation" are
available for inspection as part of the
administrative record for this proposed
regulation (Docket Number SPCC-lP).
This record is available to the public in
room M2427 at the U.S. Environmental
Protection Agency. 401 M Street. SW.,
Washington. DC 20460. The estimated
cost and benefits of the three groups of
proposed revisions are summarized
below.
The present and annualized value of
the cost and benefit estimates of the
proposed notification form, based on a
10-year time horizon and a 10-percent
discount rate, are presented in Table 1.
TABLE 1.—PROPOSED NOTIFICATION PROVISION
Present Value .....
Annuitized.-.™ ™....._..._....™...._.........
Benefits'
$26mitoon
$4 3. million .
Costs
SiOmMon
$1^6 million
Net benefits
SI 6 million.
$2.6 million.
1 The moinefaed benefits as a result of the proposed notification form were estimated in the supplemental cost/benefit analysis. The methodology used to
estimate thesn benefits is included in appendix 2-A and 2-B of the Supplemental Cost/Benefit Analysis of the Proposed Revisions to the Oil Pollution Prevention
Regulation. EPA invites comment on both the methodology used and the results obtained, especially information which might indicate that substantial benefits or
costs have bean included. ~~~»7 -=•-—j -«•
Tables 2 and 3 show the present and
annualized value of the cost and benefit
estimates of the proposed regulatory
language changes and the two new
proposed discretionary provisions.
These estimates were developed in the
supplemental cost/benefit analysis,
based on assumptions about how the
behayior of the regulated community
would change as a result of interpreting
these proposed revisions as substantive
changes in required conduct.
TABLE 2.—PROPOSED CHANGES IN REGULATORY LANGUAGE
Present Vftluo
Benefits
$1 000 million
$162 8 million
Costs
$441 million ......
$71 6 million .... .
, Net benefits
S559 million.
$9 1.0 million.
The cost estimates for the proposed
changes in regulatory language '
presented above are based on a detailed
analysis of six of approximately 60
changes in regulatory language
("should" to "shall" changes). These
major provisions are expected to
generate the largest total costs and.
therefore, are expected to capture
virtually all compliance cost for all
SPCC-regulated facilities to comply with
all the "should" to "shall" regulatory
changes. The methodology used to
estimate these costs is included in
appendix 1-C of the Supplemental Cost/
Benefit Analysis of the Proposed
Revisions to the Oil Pollution Prevention
Regulation. EPA invites comment on
both the methodology used and the
results obtained, especially information
which might indicate that substantial
benefits or costs have been included.
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Federal Register / Vol. 56, No. 204 / Tuesday. October 22. 1991 / Proposed Rules
54629
TABLE 3.—PROPOSED DISCRETIONARY PROVISIONS l
Upper Bound:
Present value
Annualized . ..
Lower Bound: .
Present Value
An nualaed
Benefits
$495 million. .
$80 5 million
$248 million
$40 4 million
Costs
$441 million
$71 B million
$441 million
$71 8 million
Net benefits
SS4 million
$87 million
$—193 million
$-31 4 million '
1 While upper and lower bound monetary benefit estimates were developed in the supplemental cost/benefit analysis, upper and tower bound cost estimates tor
these two new proposed discretionary provisions were not developed in the initial economic analysis.
In addition, EPA is soliciting
comments on two other practices that
are not included in today's proposed
revisions but are described in section
II.C of this preamble. Specifically, these
two provisions are: (1) A statement by
the facility owner or operator that the
SPCC Plan review has occurred; and (2)
a statement to be included in the SPCC
Plan that addresses the design
capabilities of a facility's drainage
system to control oil spills or leaks. By
recommending that facility owners or
operators state that a triennial review
has been performed, EPA would expect
to increase the degree to which upper
management takes an active role to
ensure that the Oil Pollution Prevention
regulation is fully implemented at the
facility. Increased managerial oversight
may improve the overall quality and
effectiveness of SPCC Plans, thereby
reducing the number and severity of Ci
spills from SPCC-regulated facilities.
Similarly, by including in the Plan a
written statement indicating the
adequacy of the facility's drainage
system in handling leaking oil, those
facility personnel responsible for
drafting this statement could be
encouraged to take a more active role to
ensure that these existing systems are
adequately designed to control oil leaks.
While cost estimates were developed for
these two practices, monetized benefit
estimates were not developed because
these two provisions involve paperwork
activities and no data or case studies
are available to adequately analyze the
degree to which their implementation
will lead to avoided oil spills. EPA
requests data and analysis indicating
the extent to which these
recommendations would further
improve the effectiveness of the Oil
Pollution Prevention regulation, as well
as data and analysis concerning
appropriate analytical methods to
estimate these benefits and costs.
especially information indicating how
the Agency could improve its analytical
methods prior to promulgation of the
final rule. The present value of the cost
of these two provisions is estimated at
$126 million.
S-310999 0019(01X21-OCT-91-U:5I:09)
In summary, the present value of the
cost of the proposed rule based on the
results of the supplemental cost/benefit
analysis for the proposed notification
form, the proposed changes in regulatory
language, and the two new proposed
discretionary provisions is estimated at
about $892 million, while the present
value of the monetized benefits range
from $1.3 billion to $1.5 billion.-Based on
these preliminary analyses, the present
value of the monetized benefit estimate
exceeds the cost by about $382 to $539
million. In addition, quantified estimates
of the benefits associated with the
proposed revisions analyzed include
only two benefits associated with
reducing the number of oil spills:
avoided cleanup costs and the value of
the lost product (i.e., the value of the
product in commerce prior to being lost
in a spill). In addition, society is
expected to gain other benefits in the
form of avoided losses to commercial
and recreational fishing and other
resource damages, avoided lost
recreational opportunities including
beach use, boating, and waterfowl •
hunting, avoided damage to private
property, and avoided public health
risks, among others. EPA invites
comments on the methodology used to
estimate these benefits and costs,
especially information indicating how
the Agency could improve its analytical
method prior to promulgation of the final
rule.
B. Executive Order No. 12291
Executive Order (E.O.) No. 12291
requires that regulations be classified as
major or non-major for purposes of'
review by the Office of Management
and Budget (OMB). According to E.O.
No. 12291, major rules are regulations
that are likely to result in:
(1) An annual effect on the economy
of $100 million or more: or
(2) A major increase in costs or prices
for consumers, individual industries.
Federal, State, or local government
agencies, or geographic regions: or
(3) Significant adverse effects on
competition employment, investment.
productivity, innovation, or on the
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ability of United States-based
enterprises to compete with foreign-
based enterprises in domestic or export
markets. Based on the assumption that
regulated parties interpret both the
proposed changes in regulatory language
and the two new proposed
recommendations as requiring
substantive changes in conduct, the
results of economic analyses performed
by the Agency indicate that the
proposed rule is expected to be major
rule because the annual estimated costs
would exceed $100 million. Specifically,
the upper bound annualized value of the
cost of the proposed rule is estimated to
be $145 million and the annualized value
of the benefit estimate is expected to
range from $207 million to $248 million.
This proposed rule has been submitted
to OMB for review as required by E.O.
No. 12291.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
requires that a Regulatory Flexibility
Analysis be performed for all rules that
are likely to have a "significant impact
on a substantial number of small
entities." To determine whether a
Regulatory Flexibility Analysis was
necessary for this proposed rule, a .
preliminary analysis was conducted.
The results of Regulations, Chapter 6,
January 1991, available for inspection in
Room M2427 at the U.S Environmental
Protection Agency. 401 M Street. SW..
Washington. DC 20460). Therefore,
because this proposed rule is not
expected to have a significant impact on
small entities, EPA certifies that no
Regulatory Flexibility Analysis is
necessary.
D. Paperwork Reduction Act
The information collection
requirements in this proposed rule will
be submitted for approval to OMB as
required by the Paperwork Reduction
Act. 44 U.S.C. 3501 et seq. A draft
Information Collection Request (ICR)
document has been prepared by EPA
(ICR No. 1548.01) and a copy may be
obtained from'Sandy Fanner.
Information Policy Branch (PM-223Y).
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54630 Federal Register / Vol. 56. No. 204 / Tuesday. October 22. 1991 / Proposed Rules
U.S. Environmental Protection Agency.
401 M Street. SW.. Washington. DC
20460 or by calling 1-202-260-2740.
Public reporting burden for the
proposed notification form affecting all
SPCC-reguifited facilities is estimated to
range from one half hour to 1.5 hours per
response, arid the reporting burden for
the recommended recordkeeping
provision affecting medium and large
SPCC-regulated facilities is estimated to
range from 5 hours to 10 hours annually.
Overall, the public reporting burden for
both proposed provisions is estimated to
range from one half an hour to 11.5
hours with an average reporting burden
of approximately 1.9 hours per response.
These reporting burden estimates
include the time required for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, storing the data, estimating
the information required, and
completing and reviewing the collection
on information.
Send comments regarding the burden .
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden, to
Chief. Information Policy Branch (PM-
223). U.S. Environmental Protection
Agency. 401 M Street. SW.. Washington.
DC 20460; and to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Washington, DC 20503. marked
"Attention: Desk Officer for EPA." The
final rule will respond to any OMB or
public comments on the information
collection requirements contained in this
proposal.
List of Subjects in 40 CFR Part 112
Fire prevention. Flammable materials.
Materials handling and storage. Oil
pollution, Petroleum. Tanks, Water
pollution control. Water resources.
Dated: October 3.1991.
William K. Keilly,
Administrator.
For the reasons set out in the
preamble, title 40. chapter I, part 112 of
the Code of Federal Regulations, is
proposed to be amended as set forth
below.
1. Part 112 is revised to read as
follows:
PART 112—OIL POLLUTION
PREVENTION
Sec.
112.1 General applicability and notification.
112.2 Definitions. .
112.3 Requirement to prepare and
implement a Spill Prevention. Control,
and Counlermeasures Plan.
Sec.
112.4 Amendment of Spill Prevention.
Control, and Countermeasures Plan by
Regional Administrator.
112.5 Amendment of Spill Prevention,
Control, and Countermeasures Plan by
owners or operators.
112.6 Civil penalties for violation of the Oil
Pollution Prevention regulation.
112.7 Spill Prevention. Control, and
Countermeasures Plan general
requirements.
112.8 Spill Prevention. Control, and
Countermeasures Plan requirements for
onshore facilities (excluding production
facilities).
112.9 Spill Prevention. Control, and
Countermeasures Plan requirements for
onshore oil production facilities.
112.10 Spill Prevention. Control, and
Countermeaaures Plan requirements for
onshore oil drilling and workover
facilities.
112.11 Spill Prevention, Control, and
Countermeasures Plan requirements for
offshore oil drilling, production, or
workover facilities.
Appendix A—Memorandum of
Understanding Between the Secretary of
Transportation and the Administrator of the
Environmental Protection Agency. Section
II—Definitions
Appendix B—Notification Form for Oil
Storage Tanks
Authority: 33 U.S.C. 1321 and 1361: E.O.
11735.38 PR 21243. 3 CFR 1971-1975 Comp.. p.
791.
PART 112—OIL POLLUTION
PREVENTION
§112.1 G*n
notification.
ral •opttcaMHty and
(a) This part establishes procedures,
methods, equipment, and other
requirements to prevent the discharge of
oil from non-transportation-related
onshore and offshore facilities into or
upon the navigable waters of the United
States or adjoining shorelines, or into or
upon the waters of the contiguous zone.
or in connection with activities under
the Outer Continental Shelf Lands Act
or the Deepwater Port Act of 1974. or
that may affect natural resources.
belonging to. appertaining to. or under
the exclusive management authority of
the United States (including resources
under the Magnuson Fishery
Conservation and Management Act].
(b) Except as provided in paragraph
(d) of this section:
(1) This part applies to owners or
operators of non-transportation-related
onshore and offshore facilities engaged
in drilling, producing, gathering, storing.
processing, refining, transferring,
distributing, or consuming oil and oil
products, which due to their location
could reasonably be expected to
discharge oil in quantities that may be
harmful, as described in part 110 of this
chapter, into or upon the navigable
waters of the United States or adjoining
shorelines, or into or upon the waters of
the contiguous zone, or in connection
with activities under the Outer
Continental Shelf Lands Act or the
Deepwater Port Act of 1974, or that may
affect natural resources belonging to,
appertaining to, or under the exclusive
management authority of the United
States (including resources under the
Magnuson Fishery Conservation and
Management Act).
(2) This part applies to facilities
having containers that are used for
standby storage, for seasonal storage, or
for temporary storage, or not otherwise
considered "permanently closed" under
§ 112.2(0).
(3) This part applies to facilities
having "bunkered tanks" and "partially
buried tanks" as defined in § 112.2(c)
and § 112.2(n), respectively, as well as
tanks in subterranean vaults, all of
which are considered aboveground
storage'containers for the purposes of
this part.
(c) As provided in section 313 of the
Clean Water Act (CWA). departments.
agencies, and instrumentalities of the
Federal government are subject to these
regulations to the same extent as any
person, except for the provisions of
§ 112.6.
(d) Except as provided in paragraph
(e) of this section and the first sentence
of J 112.7(a)(3), this pan does not apply
to:
(1) Facilities, equipment, or operations
that are not subject to the jurisdiction of
the Environmental Protection Agency
(EPA) under section 311(j)(l)(C) of the
CWA. as follows:
(i) Onshore and offshore facilities
that, due to their location, could not
reasonably be expected to discharge oil
as described in S 112.1(b)(l) pf this part.
This determination shall be based solely
upon a consideration of the geographical
and location aspects of the facility (such
as proximity to navigable waters or
adjoining shorelines, land contour,
drainage, etc.), and shall exclude
consideration of manmade features such
as dikes, equipment 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
(ii) Equipment or operations of vessels
or transportation-related onshore and
offshore facilities that are subject to
authority and control of the Department
of Transportation, as defined in the
Memorandum of Understanding
between the Secretary of Transportation
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Federal Register / Vol. 56. No. 204 / Tuesday. October 22. 1991 / Proposed Rules 54631
and the EPA Administrator, dated
November 24,1971. 36 FR 24080.
(2) Those facilities that meet both of
. the following requirements:
(i) The underground storage capacity
of the facility is 42.000 gallons or less of
oil. For purposes of this exemption, the
underground storage capacity of a
facility does not include the capacity of
underground storage tanks, as defined in
§ 112.2(v), that are currently subject to
the technical requirements of 40 CFR
part 280. The underground storage
capacity of a facility does not include
the capacity of underground storage
tanks that are "permanently closed," as
defined in § 112.2(o).
(ii) The aboveground storage capacity
of the facility is 1,320 gallons or less of
oil, provided no single container has
capacity in excess of 660 gallons. For
purposes of this exemption, the
aboveground storage capacity of a
facility does not include the capacity of
tanks that are underground storage
tanks as defined in § 112.2(v) or that are
"permanently closed" as defined in
§ 112.2(o).
(3) Offshore oil drilling, production, or
workover facilities that are subject to
the Operating Orders, notices, and
regulations of the Minerals Management
Service.
(4) Underground storage tanks, as
defined in § 112.2(v). at any facility.
where such tanks are subject to the
technical requirements of 40 CFR part
280.
(e) Notification requirements. (1)
Notification must be provided by the
owner or operator of facilities that are
subject to EPA jurisdiction under the
CWA and have total aboveground
storage capacities greater than 1.320
gallons of oil or aboveground storage in
a single container greater than 660
gallons of oil. The owner or operator of
these facilities must submit a written
notice to EPA by (Insert date two
months after date of publication of the
final rule). This notice is required on a
one-time basis for current facility
owners or operators. Owners or
operators of facilities that begin
operations or who increase storage
capacity so as to comply under the
jurisdiction of this rule after (Insert date
60 days after date of publication of the
final rule] also must notify the Regional
Administrator before beginning facility
operations.
(2) The written notice shall include the
following: (i) The name of the owner
and/or operator of the facility:
(ii) The name, address, and zip code
of the facility: and
(iii) A listing of the total number and
size of aboveground tanks at the facility,
total aboveground storage capacity of
the facility, distance to the nearest
navigable waters, and where applicable
and available, the facility's primary Dun
& Bradstreet number and the primary
Standard-Industrial Classification.
(3) The notice does not require
information concerning the number and
size of underground storage tanks
defined in § 112.2(v).
(f) This part provides for the
preparation and implementation of Spill
Prevention. Control, and
Countermeasures (SPCC) Plans
prepared in accordance with § § 112.7.
112.8.112.9.112.10. and 112.11 designed
to complement existing laws,
regulations, rules, standards, policies,
and procedures pertaining to safety
standards, fire prevention, and pollution
prevention rules, to form a
comprehensive balanced Federal/State
spill prevention program to minimize the
potential for oil discharges. The SPCC
Plan shall address all relevant spill
prevention, control, and
countermeasures necessary at the
specific facility. Compliance with this
part does not in any way relieve the
owner or operator of an onshore or an
offshore facility from compliance with
other Federal, State, or local laws.
§1112
For the purposes of this part: (a)
Breakout tank means a container that is
part of a pipeline facility regulated by
the Department of Transportation and is
used solely for the purpose of
compensating for pressure surges or to
control and maintain the flow of oil
through pipelines. Such tanks are
frequently in-line.
(b) Bulk storage tank means any
container used to store oil. These tanks
are used for purposes including, but not
limited to. the storage of oil prior to use.
while being used, or prior to further
distribution in commerce.
(c) Bunkered tank means a storage
tank constructed or placed in the ground
by cutting the earth and recovering in a
manner whereby the tank breaks the
natural grade of the land.
(d) Contiguous zone means the zone
established by the United States under
Article 24 of the Convention of the
Territorial Sea and Contiguous Zone.
that is contiguous to the territorial sea
and that extends nine miles seaward
from the outer limit of the territorial
area.
(e) Discharge includes, but is not
limited to. any spilling, leaking,
pumping, pouring, emitting, emptying, or
dumping, but excludes discharges in
compliance with a permit under section
402 of the CWA: discharges resulting
from circumstances identified, reviewed.
and made a part of the public record'
with respect to a permit issued or
modified under section 402 of the CWA.
and subject to a condition in such
permit: or continuous or anticipated
intermittent discharges from a point
source, identified in a permit or permit
application under section 402 of the
CWA, that are caused by events
occurring within the scope of relevant
operating or treatment systems. For
purposes of this part, the term
"discharge" shall not include any
discharge of oil that is authorized by a
permit issued pursuant to section 13 of
the River and Harbor Act of 1899 (30
Stat. 1121, 33 U.S.C. 407).
(f)'Facility means any mobile or fixed.
onshore or offshore building, structure,
installation, equipment, pipe, or pipeline
used in oil well drilling operations, oil
production, oil refining, oil storage, and
waste treatment, as described in
Appendix A to this part. The boundaries
of a facility may depend on several site-
specific factors, including, but not
limited to, the ownership or operation of
buildings, structures, and equipment on
the same site and the types of activity at
the. site.
(g) Navigable waters means the
waters of the United States, including
the territorial seas. The term includes:
(1) All waters that are currently used.
were used in the past, or may be
susceptible to use in interstate or foreign
commerce, including all waters subject
to the ebb and flow of the tide;
(2) All interstate waters, including
interstate wetlands;
(3) All other waters such as intrastate
lakes, rivers, streams (including
intermittent streams), mudflats.
sandflats, wetlands, sloughs, prairie
potholes, wet meadows, playa lakes, or
natural ponds, the use, degradation, or
destruction of which could affect
' interstate or foreign commerce including
any such waters:
(i) That are or could be used by
interstate or foreign travelers for
recreational or other purposes; or.
(ii) From which fish or shellfish are or
could be taken and sold in interstate or
foreign commerce; or,
(iii) That are used or could be used for
industrial purposes by industries in
interstate commerce;
(4) All impoundments of waters
otherwise defined as waters of the
United States under this section:
(5) Tributaries of waters identified in
paragraphs (g)(l) through (4) of this
section:
(6) The territorial sea: and
(7) Wetlands adjacent to waters
(other than waters that are themselves
wetlands) identified in paragraphs (g)(l)
through (6) of this section.
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Federal Register / Vol. 56. No. 204 / Tuesday. October 22. 1991 / Proposed Rules
Waste treatment systems, including
treatment ponds or lagoons designed to
meet the requirements of the CWA
(other than cooling ponds as defined in
40 CFR 123.11(m) which also meet the
criteria of this definition) are not waters
of the United States.
(h) Offshore facility means any
facility of any kind (other than a vessel
or public vessel) located in. on. or under
any of the navigable waters of the
United States, and any facility of any
kind that is subject to the jurisdiction of
the United States and is located in, on,
or under any other waters.
(i) 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.
(j) Oil drilling, production, or
workover facilities (offshore) may
include all drilling or workover
equipment, wells, flowlines, gathering
lines, platforms, and auxiliary non-
transportation-related equipment and
facilities in a single geographical oil or
gas field operated by a single operator.
(k) Oil production facilities (onshore)
may include all wells, flowlines.
separation equipment, storage facilities,
gathering lines, and auxiliary non-
transportation-related equipment and
facilities in a single geographical oil or
gas field operated by a single operator..
(1) Onshore facility means any facility
of any kind located in. on, or under any
land within the United States, other than
submerged lands.
(m) Owner or operator means any ,
person owning or operating an onshore
facility or an offshore facility, and in the
case of any abandoned offshore facility,
the person who owned or operated or
maintained such facility immediately
prior to such abandonment.
(n) Partially buried tank means a
storage tank that is partially inserted or
constructed in the ground, but not fully
covered with earth.
(o) Permanently closed is any tank or
facility that has been closed in the
following manner
(1) All liquid and sludge must be
removed from each tank and connecting
lines. Any waste products removed must
be disposed of in accordance with all
applicable State and Federal
requirements.
(2) Each tank must be rendered free of
explosive vapor by testing the tank with
a combustible gas indicator, or
explosimeter. or other type of
atmospheric monitoring instrument in
order to determine the lower explosive'
limit (LEL). The EPA and Occupational
Safety and Health Administration
standard for a hazardous atmosphere.
based on extensive industrial
experience, is one that contains a
concentration of combustible gas, vapor.
or dust greater than 25 percent of the
LEL of the material. Provisions must be
« made to eliminate the danger imposed
by the tank as a safety hazard due to the
presence of flammable vapors. Facilities
are to ensure that closure is permanent.
and that the tank vapors remain below
the LEL.
(3) All connecting lines must be
blanked off. and valves are to be closed
and locked. Conspicuous signs are to be
posted on the tank warning that it is a
permanently closed tank and that
vapors above the I-El are not present.
(p) Person includes an individual,
firm, corporation, association, or a
partnership.
(q) Regional Administrator.means the
EPA Regional Administrator or a
designee of the Regional Administrator.
in and for the Region in which the
facility is located.
(r) SPCCPIan or Plan means the
document required by § 112.3 of this part
that details the equipment, manpower,
procedures, and steps to prevent,
control, and provide adequate
countermeasures to an oil spill. The Plan
is a written description of the facility's
compliance with the procedures in this
part.
(s) Spill event means a discharge of •
oil as described in § 112.1(b)(l) of this
part.
(t) Storage capacity of a tank or
container, for purposes of determining
the applicability of this part, means the
total capacity of the tank or container.
whether the tank or container is filled
with oil or a mixture of oil and other
substances.
(u) Transportation-related and non-
transportation-related, as applied to an
onshore or offshore facility, are defined
in Appendix A of this part, the '
Memorandum of Understanding
between the Secretary of Transportation
and the EPA Administrator, dated
November 24.1971. 36 FR 24080.
(v) Underground storage tank means
any tank completely covered with earth.
Tanks in subterranean vaults, bunkered
tanks, or partially buried tanks are
considered aboveground storage
containers for the purpose of this part.
(w) United States means the States.
the District of Columbia, the
Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana
Islands. Guam, American Samoa, the
U.S. Virgin Islands, and the Pacific
Island Governments.
(x) Vessel means every description of
watercraft or other artificial contrivance
used, or capable of being used, as a
means of transportation on water, other
than a public vessel.
(y) Wetlands means those areas that
are inundated or saturated by surface or
ground water at a frequency or duration
sufficient to support, and that under
normal circumstances do support, a
prevalence of vegetation typically
adapted for life in saturated soil
conditions. Wetlands generally include
playa lakes, swamps, marshes, bogs,
and similar areas such as sloughs.
prairie potholes, wet meadows, prairie
river overflows, mudflats, and natural
ponds.
§ 112.3 Requirement to prepare and
Implement • Spill Prevention, Control, and
CountcrmeMurn Plan.
(a) Owners or operators of onshore
and offshore facilities in operation on or
before (Insert date 60 days after date of
publication of the final rule) that have
discharged or, due to their location.
could reasonably be expected to
discharge oil as described in
§ 112.1(b)(l) of this part, shall maintain
a prepared and fully implemented
facility SPCC Plan in writing and in
accordance with § 112.7. and in
accordance with §§112.8.112.9.112.10.
and 112.11 as applicable to the facility.
(b) Owners or operators of onshore
and offshore facilities that become
operational after (Insert date 60 days
after date of publication of the final
rule], and could reasonably be expected
to discharge oil as described in
§ 112.1(b)(l) of this part, shall prepare a
facility SPCC Plan in accordance with
§ 112.7. and in accordance with any of
the following sections that apply to the
facility: §§ 112.8.112.9,112.10. and
112.11. The Plan shall be prepared and
fully implemented before a facility
begins operations, unless an extension
has been granted by the Regional
Administrator as provided for in
paragraph (f) of this section.
(c) Owners or operators of onshore
and offshore mobile or portable
facilities, such as onshore drilling or
workover rigs, barge mounted offshore
drilling or workover rigs, and portable
fueling facilities shall prepare.
implement, and maintain a facility SPCC
Plan as required by paragraph (a), (b).
and (d) of this section. The owners or
operators of such facility need not
prepare a new Plan each time the
facility is moved to a new site. The Plan
may be a general plan, prepared in
accordance with § 112.7. and in
accordance with §§ 112.10 and 112.11
where applicable to the facility, using
good engineering practice. When the
mobile or portable facility is moved, it
must be located and installed using the
spill prevention practices outlined in the
Plan for the facility. No mobile or
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Federal Register / Vol. 56. No. 204 / Tuesday. October 22. 1991 / Proposed Rules 54633
portable facility subject to this
regulation shall operate unless the Plan
has been implemented. The Plan shall
only apply while the facility is in a fixed
(non-transportation) operating mode.
(d) No SPCC Plan shall be effective to
satisfy the requirements of this part
unless it has been reviewed by a
Registered Professional Engineer and
certified by the Registered Professional
Engineer. By means of this certification.
the Engineer shall attest: (1) That the
Engineer is familiar with the
requirements of this part; (2) that the
Engineer has visited and examined the
facility: (3) that the Plan has been
prepared in accordance with good
engineering practice and with the
requirements of this part: (4) that
required testing has been completed:
and. (5) that the Plan is adequate for the
facility. Such certification shall in no
way relieve the owner or operator of an
onshore or offshore facility of the duty
to prepare and fully implement such
Plan in accordance with § 112.7; in
accordance with §§ 112.8,112.9.112.10.
and 112.11 where applicable; and as
required by paragraphs (a), (b), and (c)
of this section.
(e) Owners and operators of a facility
for which a facility SPCC Plan is
required pursuant to paragraph (a), (b).
or (c) of this section shall:
• (1) Maintain a complete copy of thr
Plan at the facility if the 'facility is
normally attended at least four hours
per day, or at the nearest field office ii
the facility is not so attended; and
(2) Have the Plan available for the
Regional Administrator or authorized
representative 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 a
Plan beyond the time permitted for the
preparation and implementation of a
Plan pursuant to paragraph (b) of this
section where it is determined that the.
owner or operator of a facility subject to
paragraph (b) of this section cannot fully
comply with the requirements of this
part as a result of either nonavailability
of qualified personnel, or delays in
construction or equipment delivery
beyond the control and without the fault
of such owner or operator or their
respective agents or employees.
(2) Any owner or operator seeking an
extension of time pursuant to paragraph
(f)(l) of this section may submit a letter
of request to the Regional
Administrator. Such letter shall include:
(i) A copy of the Plan, if completed:
(ii) A full explanation of the cause for
any such delay and the specific aspects
of the Plan affected by the delay:
S-310999 0023(OI)(21-OCT-91-I3:51:22)
(iii) A full discussion of actions being
taken or contemplated to minimize or
mitigate such delay;
(iv) A proposed time schedule for the
implementation of any corrective
actions being taken or contemplated.
including interim dates for completion of
tests or studies, installation and
operation of any necessary equipment.
or other preventive measures. In
addition, such owner or operator may
present additional oral or written
statements in support of the letter of
request.
(3) The submission of a letter of
request for extension of time pursuant to
paragraph (f)(2) of this section shall in
no way relieve the owner or operator
from the obligation to comply with the
requirements of § 112.3(b). Where an
extension of time is authorized by the
Regional Administrator for particular
equipment or other specific aspects of
the Plan, such extension shall in no way
affect the owner's or operator's
obligation to comply with the
requirements of § 112.3(b) with respect
to other equipment or other specific
aspects of the Plan for which an
extension has not been expressly
authorized.
§ 112.4 Amendment of Spill Prevention,
Control, and Countermeasures Plan by
Regional Administrator.
(a) Notwithstanding compliance with
§ 112.3. whenever a facility subject to
§ 112.3(a). (b) or (c) has discharged, in a
single spill event, more than 1,000 U.S.
gallons of oil as described in § 112.1(a),
or discharged oil as described in
§ 112.1(b)(l) in two spill events
occurring within any consecutive twelve
month period, the owner or operator of
such facility shall submit to the Regional
Administrator, within 60 days from the
time such facility becomes subject to
this section, the following:
(1) Name of the facility;
(2) Name(s) of the owner or operator
of the facility;
(3) Location of the facility:
(4) Name and address of the
registered agent of the owner or
operator, if any;
(5) Date and year of initial facility
operation:
(6) Maximum storage or handling
capacity of the facility and normal daily
throughput:
(7) Description of the facility,
including maps, flow diagrams, and
topographical maps;
(8) A complete copy of the Plan with
any amendments:
(9) The cause(s) of such spill.
including a failure analysis of the
system or subsystem in which the
failure occurred:
(10) Exactly what and how much was
spilled:
(11) The corrective actions and/or
countermeasures taken, including an
adequate description of equipment
repairs and/or replacements;
(12) Additional preventive measures
taken or contemplated to minimize the
possibility of recurrence: and
(13) Such other information as the
Regional Administrator may reasonably
require pertinent to the Plan or spill
event.
(b) Section 112.4 shall not apply until
the expiration of the time permitted for
the preparation and implementation of
the Plan pursuant to § 112.3(f)-
(c) The owner or operator shall send
to the agency in charge of oil pollution
control activities in the State in which
the facility is located a complete copy of
all information provided to the Regional
Administrator pursuant to paragraph (a)
of this section. Upon receipt of such
information such State agency may
conduct a review and make
recommendations to the Regional
Administrator as to further procedures.
methods, equipment, and other
requirements for equipment necessary to
prevent and to contain discharges of oil
from such facility.
(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 Administrator may
require the owfier or operator of such
facility to amend the Plan if she/he finds
that the Plan does not meet the
requirements of this part or that
amendment of the Plan is necessary to
prevent and to contain discharges of oil
from such facility. After review of the
materials submitted by the owner or
operator of a facility as required in
§ 112.7(d), the Regional Administrator
may approve the Plan or require '
amendment of the Plan.
(e) When the Regional Administrator
proposes to require an amendment to
the SPCC Plan, the facility operator shall
be notified by certified mail addressed
to. or by personal delivery to. the facility
owner or operator, that the Regional
Administrator proposes to require an
amendment to the Plan, and the terms of
such amendment shall be specified. If
the facility owner or operator is a
corporation, a copy of such notice also
shall 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
facility owner or operator may submit
written information, views, and
7m PVfT
17-7R.qn
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54634
Federal Register / Vol. 56. No. 204 / Tuesday, October 22. 1991 / Proposed Rules
arguments on the amendment. After
considering all relevant material
presented, the Regional Administrator
shall notify the facility owner or
operator of any amendment required or
shall rescind the notice. The amendment
required by the Regional Administrator
shall become part of the Plan 30 days
after such notice, unless the Regional
Administrator, for good cause, specifies
another effective date. The owner or
operator of the facility shall implement
the amendment of the Plan as soon as
possible, but not later than six months
after the amendment becomes part of
the Plan, unless the Regional
Administrator specifies another date.
(f) An owner or operator may appeal a.
decision made by the Regional
Administrator requiring an amendment
to the SPCC Plan. The appeal shall be
made to the EPA Administrator and
must be made in writing within 30 days
of receipt of the notice from the Regional
Administrator requiring the amendment.
A complete copy of the appeal must be.
sent to the Regional Administrator at
the time the appeal is made. The appeal
shall contain a clear and concise
statement of the issues and points of
fact in the case. It also may contain
additional information from the owner
or operator, or from any other person.
The EPA Administrator or her/his
designee may request additional
information from the owner or operator,
or from any other person. The EPA
Administrator or her/his designee shall
render a decision within 60 days of
receiving the appeal and shall notify the
owner or operator of the decision.
§112£ Amendment of Spill Prevention,
Control, and Countermessures Plan by
owners or operators.
(a) Owners or operators of facilities
subject to § 112.3 (a), (b), or (c) shall
amend the SPCC Plan for such facility in
accordance with § 112.7, and with
§§ 112.8,112.9.112.10. and 112.11 where
applicable, when there is a change in
facility design, construction, operation.
or maintenance that materially affects
the facility's potential to discharge oil as
described in § 112.1(b)(l) of this part.
Changes requiring amendment of the
Plan include, but are not limited to:
Commission or decommission of tanks:
replacement, reconstruction, or
movement of tanks; reconstruction.
replacement, or installation of piping
systems: construction or demolition tha.t
might alter secondary containment
structures: or revision of standard
operation or maintenance procedures at
a facility.
(b) Notwithstanding compliance with
paragraph (a) of this section, owners
and operators of facilities subject to
S-310999 0024(01X21-OCT-9I-13:5I:25)
§ 112.3 (a), (b), or (c) shall complete a
review and evaluation of their
respective Plans at least once every
three years from the date such facility
becomes subject to this part. As a result
of this review and evaluation, the owner
or operator shall amend the SPCC Plan
within six months of the review to
include more effective prevention and
control technology if: (1) Such
technology will significantly reduce the,
likelihood of a spill event from the
facility: and (2) such technology has
been field-proven at the time of the
review.
(c) Except for changes to the contact
list required by § 112.7(a)(3)(ix), no
amendment to a Plan shall be effective
to satisfy the requirements of this
section unless it has been certified by a
Registered Professional Engineer in
accordance with § 112.3(d).
§ 112.6 Civil penalties for violation of the
Oil Pollution Prevention regulation.
Owners or operators of facilities
subject to § 112.3 (a), (b), or (c) who
violate the requirements of part 112 by
failing or refusing to comply with any of
the provisions of §§ 112.1(e). 112.3.112.4.
112.5,112.7.112.8.112.9,11210. or 112.11
shall be liable for a civil penalty in
accordance with the CWA, as amended
by the OPA of 1990.
§112.7 Spill Prevention, Control, and
Countermeasures Plan general
requirements.
(a) The SPCC Plan shall be a carefully
thought-out written description of the
facility's compliance with the
requirements of all applicable elements
of § § 112.7.112.8.112.9.112.10. and
112.11 and shall be prepared in
accordance with good engineering
practice. The Plan shall have the full
approval of management at a level with
authority to commit the necessary
resources to fully implement the Plan.
(1) The complete Plan shall follow the
sequence outlined below, and include a
discussion of the facility's conformance
with the requirements listed.
(2) The Plan may deviate from the
requirements in paragraph (c) of this
section and §§ 112.8,, 112.9.112.10, and
112.11. where applicable to a specific
facility provided equivalent protection is
provided by some other means of spill
prevention, control, or Countermeasures.
Where the Plan does not conform to the
applicable requirements of paragraph (c]
of this section or §§ 112.8.112.9.112.10,
and 112.11. the Plan shall state the'
reasons for non-conforrhance and
describe in detail alternate methods and
how equivalent protection will be
achieved. The Regional Administrator
can overrule the waiver/equivalent
4701.FMT...[16.30]...12-28-90
alternative measure if it is not
adequately protective.
(3) The complete Plan must describe
the facility's physical plant and include
a facility diagram, which must have the
location and contents of all tanks
marked. The Plan must also address the
following:
(i) Unit-by-unit storage capacity:
(ii) Type and'quantity of oil stored:
(iii) Estimates of quantity of oils
potentially discharged:
(iv) Possible spill pathways:
(v) Spill prevention measures!
including procedures for routine
handling of products (loading. <
unloading, and facility transfers, etc.);
(vi) Spill controls such as secondary
containment around tanks and other
structures, equipment, and procedures
for the control of a discharge:
(vii) Spill Countermeasures for spill
discovery, response, and cleanup
(facility's capability and those that
might be required of a contractor);
(viii) Disposal of recovered materials
in accordance with applicable legal
requirements; and
(ix) Contact list and phone numbers
for the facility response coordinator,
National Response Center, cleanup
contractors, fire departments. Local
Emergency Planning Committee, State
Emergency Response Commission, and
downstream water suppliers who must
be contacted in case of a discharge to
.navigable waters.
(4) Documentation in the Plan shall
enable a person reporting a spill to
provide information on the exact
address and phone number of the
facility, the spill date and time, the type
of material spilled, estimates of the total
quantity spilled, estimates of the
quantity spilled into navigable water.
the source of the spill, a description of
. the affected medium, the cause of the
spill, any damages or injuries caused by
the spill, actions being used to stop.
remove, and mitigate the effects of the
discharge, whether an evacuation may
be needed, and the names of individuals
and/or organizations who have also
been contacted.
(5) Portions of the Plan describing
procedures to be used in emergency
circumstances shall be organized in a
manner to make them readily useable in
an emergency with appropriate
supporting material included as
appendices.
(b) Experience has indicated that a
reasonable potential for oil discharge
from tank overflow, rupture, or leakage.
and faulty ancillary equipment exists.
Therefore, the Plan shall include a
prediction of the direction, rate of flow.
and total quantity of oil that could be
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Federal Register / Vol. 56, No. 204 / Tuesday. October 22. 1991 / Proposed Rules 54635
discharged from the facility as a result
of each major type of failure.
(c) Appropriate containment and/or
drainage control structures or equipment
to prevent discharged oil from reaching
a navigable water course shall be
provided. The entire containment
system, including walls and floor, shall
be impervious to oil for 72 hours and
shall be constructed so that any
discharge from a primary containment
system, such as a tank or pipe, will not
permeate, drain, infiltrate, or otherwise
escape to surface waters before cleanup
occurs. One or more of the following
prevention systems or its equivalent
shall be used as a minimum:
(1) Onshore facilities:
(i) Dikes, berms. or retaining walls;
(ii) Curbing;
(iii) Culverting. gutters, or other
drainage systems:
(iv) Weirs, booms, or other barriers;
(v) Spill diversion ponds:
(vi) Retention ponds: or
(vii) Sorbent materials
(2) Offshore facilities:
(i) Curbing, drip pans: or
(ii) Sumps and collection systems.
(d) When it is determined that the
installation of structures or equipment
listed in § 112.7(c) to prevent discharged
oil from reaching the navigable waters is
not practicable from any onshore or
' offshore facility, the owner or operator
shall clearly demonstrate such
impracticability: conduct integrity
testing of tanks every five years at a
minimum; conduct integrity and leak
testing of the valves and piping every
year at a minimum: and provide the
Regional Administrator for approval
under § 112.4(d) the following:
(1) An oil spill contingency plan that
must include, at a minimum, a
description of response plans, personnel
needs, and methods of mechanical
containment: steps to be taken for
removal of spilled oil: access and
availability of sorbents. booms, and
other equipment; and such other
information as required by the Regional
Administrator. The oil spill contingency
plan is part of the Plan and. therefore, is
subject to review and approval by the
Regional Administrator. The oil spill
contingency plan shall be a stand-alone
section of the SPCC Plan. Oil spill
contingency plans provided to satisfy
the provisions of this paragraph shall
not rely in whole or in part upon the use
of dispersants and other chemicals
listed under subpart} of the National
Contingency Plan (NCP) (40 CFR part
300) unless the Regional Administrator
explicitly approves the inclusion of such
methods in the contingency plan. A
separate and additional approval is
required by subpart ] of the NCP for the'
S-3IOPW 0025(01)U1-OCT-91-13:5!:29)
use of such dispersants and other
chemicals.
(2) A written commitment of
manpower, equipment, and materials
required to control expeditiously and
remove any quantity of oil that may be
discharged. It is recommended that the
owner or operator consider factors such
as financial capability in making a
written commitment of manpower,
equipment, and materials.
(e) Inspection, tests, and records.
Inspections and tests required by this
part shall be in accordance with written
procedures developed for.the facility by
the owner or operator or the certifying
engineer. These written procedures and
a record of the inspections and tests,
signed by the appropriate supervisor or
inspector, shall be maintained with the
SPCC Plan and maintained for a period
of five years.
(f) Personnel, training, and spill
prevention procedures. (1) Owners or
operators are responsible for properly
instructing their personnel in the
operation and maintenance of
equipment to prevent discharges of oil
and in applicable pollution control laws,
rules, and regulations. Training
exercises should be conducted at least
yearly for all personnel, and training
should be given to new employees
within one week of beginning work.
(2) Each applicable facility shall have
a designated person who is accountable
for oil spill prevention and who reports
to line management.
(3) Owners or operators shall
schedule and conduct spill prevention
briefings for their operating personnel at
least once a year to assure adequate
understanding of the SPCC Plan for that
facility. Such briefings shall highlight
and describe known spill events or
failures, malfunctioning components,
and recently developed precautionary
measures.
(g) Security (excluding oil production
facilities).
(1) It is recommended that all plants
handling, processing, and storing oil be
fully fenced and when fenced, entrance
gates shall be locked and/or guarded
when the plant is not in production or is
unattended.
(2) The master flow and drain valves
and any other valves permitting direct
outward flow of the tank's contents to
the surface shall have adequate security
measures to ensure that they remain in
the closed position when in non-
operating or non-standby status.
(3) The starter control on all pumps
shall be locked in the "off position and
be located at a site accessible only to
authorized personnel when the pumps
/ are in a non-operating or non-standby
status.
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(4) The loading/unloading connections
of oil piping shall be securely capped or
blank-flanged when not in service or
when in standby service for a period of
six months or more. This security
practice also shall apply to piping that is
emptied of liquid content either by
draining or by inert gas pressure.
(5) It is recommended that facility
lighting be commensurate with the type
and location of the facility.
Consideration shall be given to: (i)
Discovery of spills occurring during
hours of darkness, both by operating
personnel, if present, and by non-
operating personnel (the general public,
local police, etc.) and (ii) prevention of
spills occurring through acts of
vandalism.
(h) Facility tank car and tank truck
loading/unloading rack (excluding
offshore facilities). (1) Tank car and
tank truck loading/unloading
procedures shall meet the minimum
requirements and regulations
established by State or Federal law.
(2) Where rack area drainage does not
flow into a catchment basin or treatment
facility designed to handle spills, a quick
drainage system shall be used for tank
truck loading and unloading areas. The
containment system shall be designed to
hold at least the maximum capacity of
any single compartment of a tank car or
tank truck loaded or unloaded in the
plant.
(3) An interlocked warning light or
physical barrier system, or warning
signs, shall be provided in loading/
unloading areas to-prevent vehicular
departure before complete
disconnection of flexible or fixed
transfer lines.
(4) Prior to filling and departure of any
tank car or tank truck, the lower-most
drain and all outlets of such vehicles
shall be closely examined for leakage.
and. if necessary, tightened, adjusted, or
replaced to prevent liquid leakage while
in transit.
(i) In addition to the minimal . .
prevention standards listed under
§ 112.7 (c). (e). (f). (g). and (h). sections
of the Plan shall include a complete
discussion of conformance with the
applicable requirements and other
effective spill prevention and
•• containment procedures listed in
§§ 112.8.112.9.112.10. and 112.11 (or. if
more stringent, with State rules.
regulations, and guidelines).
§ 112.8 Spill Prevention, Control, and
Counter-measures Plan requirements for
onshore facilities (excluding production
facilities).
(a) In addition to the specific spill
prevention and containment procedures
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54636 Federal Register / Vol. 5p, No. 204 / Tuesday, October 22, 1991 / Proposed Rules
listed under this section, onshore
facilities (excluding production
facilities) must also address the general
requirements listed under § 112.7 in the
SPCC Plan.
(b) Facility drainage (onshore);
(excluding production facilities). (1)
Drainage from diked storage areas shall
he restrained by valves or other positive
means to prevent a spill or other
excessive leakage of oil into the
drainage system or in-plant effluent
treatment system, except where facility
systems are designed to handle such
leakage. Diked areas may be emptied by
pumps or ejectors; however, these shall
be manually activated and the condition
of the accumulation shall be examined
before starting to ensure no oil will be
discharged into the water.
(2) Flapper-type drain valves shall not
be used to drain diked areas. Valves
used for the drainage of diked areas
shall, as far as practical, be of manual,
open-and-closed design. When facility
drainage drains directly into water
courses and not into wastewater
treatment plants, retained storm water
shall be inspected as provided in
paragraphs (c)(3) (ii), (iii), and (iv) of this
section before drainage.
(3) Facility drainage systems from
undiked areas with a potential for oil
spill contamination shall flow into
ponds, lagoons, or catchment basins
designed to retain oil or return it to the
;acility. It is recommended that
catchment basins not be located in
areas subject to periodic flooding.
(4) If facility drainage is not
engineered as above, the final discharge
•jf all in-plant drainage shall be
vquipped with a diversion system that
would, in the event of an uncontrolled
Gpill. retain oil in the facility.
(5) Where drainage waters are treated
.n more than one treatment unit, it is '
ecommended that natural hydraulic
flow be used. If pump transfer is needed.
iwo "lift" pumps shall be provided, and
t least one of the pumps shall be
provided, and at least one of the pumps
.shall be permanently installed when
•;uch treatment is continuous. Whatever
techniques are used, facility drainage
systems shall be adequately engineered
so that, in the event of equipment failure
:ir human error at the facility, oil will be
prevented from reaching navigable
waters of the United States, adjoining
shorelines, or other waters that would
be affected by discharging oil as
described in § 112.1(b)(l) of this part.
(6) For facilities in locations subject to
flooding, it is recommended that the
SPCC Plan address additional
requirements for events that occur
during a period of flooding.
N-310999 0026(01 X2I-OCT-91-13:51:321
(c) Bulk storage containers (onshore);
(excluding production facilities). (1) No
tank shall 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.
temperature, etc. It is recommended that
the construction, materials, installation,
and use of tanks conform with relevant
portions of industry standards such as
API. NFPA, UL. or ASME standards.
which are required in the application of
v good engineering practice for the
construction and operation of the tank.
(2) All bulk storage tank installations
shall be constructed so that a secondary
means of containment is provided for
the entire contents of the largest single
tank and sufficient freeboard to allow
for precipitation/Diked areas shall be
sufficiently impervious to contain spilled
oil for at least 72 hours. Dikes,
containment curbs, and pits are •
commonly employed for this purpose,
but they may not always be appropriate.
An alternate system could consist of a
complete drainage trench enclosure
arranged so that a spill could terminate
and be safely confined in an in-plant
catchment basin or holding pond.
(3) Drainage of rainwater from the
diked area into a storm drain or an
effluent discharge emptying into an open
watercourse, lake, or pond, and
bypassing the in-plant treatment system
may be acceptable if:
(i) The bypass valve is normally
sealed closed.
(ii) Inspection of the run-off rainwater
ensures compliance with applicable
water quality standards and will not
cause a discharge that may be harmful.
as described in 40 CFR part 110.
(iii) The bypass valve is opened, and
reseated following draining under
responsible supervision.
(iv) Adequate records are kept of such
events.
(4) Underground metallic storage
tanks represent a potential for
undetected spills. A new buried
installation shall be protected from
corrosion by coatings, cathodic
protection, or other effective methods
compatible with local soil conditions. It
is recommended that such buried tanks
at least be subjected to regular leak
.testing.
(5) It is recommended that partially
buried or bunkered metallic tanks be
avoided, since partial burial in earth can
cause rapid corrosion of metallic
surfaces, especially at the earth/air
interface. Partially buried and bunkered
tanks shall be protected from corrosion
by coatings, cathodic protection, or
other effective methods compatible with
local soil conditions.
4701.FMT...116.30]...12-28-90
(6) Aboveground tanks shall be
subject to integrity testing every ten
years and when material,repairs, etc.
are done, taking into account tank
design (floating roof, for example) and
using such techniques or combinations
of such techniques as hydrostatic
testing, radiographic testing, visual
inspections, ultrasonic testing, acoustic
emissions testing, or a system of non-
destructive shell testing. Comparison
records shall be kept, and tank supports
and foundations shall be included in
these inspections. In addition, the
outside of the tank shall frequently be
observed by operating personnel for
signs of deterioration, leaks, or
accumulation of oil inside diked areas.
(7) To control leakage through
defective internal heating coils:
(i) The steam return or exhaust lines
from internal heating coils, which
discharge into an open water course.
shall be monitored for contamination, or
passed through a settling tank, skimmer.
or other separation or retention system.
It is recommended that .these systems be
designed to hold the entire contents of
the affected tank, be of sufficient size to
contain a spill that may occur when the
system is not being monitored or
observed, or have fail-safe oil leakage
detectors.
(ii) It is recommended that the
feasibility of installing an external
heating system also be considered.
(8) New and old tank installations
shall, as far as practical, be fail-safe
engineered or updated into a fail-safe
engineered installation to avoid spills.
One or more of the following devices
shall be provided:
(i) High liquid level alarms with an
audible or visual signal at a constantly
manned operation or surveillance
station: in smaller plants an audible air
vent may suffice.
(ii) Considering size and complexity of
the facility, high liquid level pump cutoff
devices set to stop flow at a
predetermined tank content level.
(iii) Direct audible or code signal
communication between the tank gauger
and the pumping station.
(iv) A fast response system, for
determining the liquid level of each bulk
storage tank, such as digital computers.
•telepulse. or direct vision gauges or the:
equivalent.
(v) Other devices can be considered
for installation as alternate
technologies, as allowed under
§ 112.7(a)(2).
(vi) Liquid level sensing devices shall
be regularly tested to ensure proper
operation.
(9) Effluents that are discharged into
navigable waters shall have disposal
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Federal Register / Vol. 56, No. 204 / Tuesday, October 22. 1991 / Proposed Rules
54637
facilities observed frequently enough to
detect possible system upsets that could
cause an oil spill event.
(10) 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, shall be promptly corrected.
Accumulated Oil or oil contaminated
materials resulting from such discharge
shall be completely removed within 72
hours from the time the spill event
occurs.
(11) Mobile or portable oil storage
tanks (onshore) shall be positioned or
located so as to prevent oil discharges.
It is recommended that a secondary
means of containment, such as dikes or
catchment basins, be furnished for the
largest single compartment or tank. It is
recommended that these facilities be
located where they will not be subject to
periodic flooding or washout.
(d) Facility transfer operations,
pumping, and in-plant process (onshore)
(excluding production facilities). (1) It is
recommended that all piping shall be
placed aboveground, where possible.
New or replaced buried piping
installations shall have a protective
wrapping and coating and shall be
cathodically protected or otherwise
satisfy the corrosion protection
standards for piping in 40 CFR part 280.
If a section of buried line is exposed for
any reason, it shall be carefully
examined for deterioration. Jf corrosion
damage is found, additional
examination and corrective action shall
be taken as indicated by the magnitude
of the damage. It is recommended that
buried piping installations comply to the
extent applicable with all of the relevant
provisions in 40 CFR part 280.
(2) When piping is not in service or in
standby service for six months or more,
the terminal connection at the transfer
point shall be capped or blank-flanged,
and marked as to origin.
(3) Pipe supports shall be properly
designed to minimize abrasion and
corrosion and allow for expansion and
contraction.
(4) All aboveground valves, piping,
and appurtenances shall be subjected to
monthly examinations by operating
personnel, at which time the general '
condition of items such as flange joints,
expansion joints, valve glands and
bodies, catch pans, pipe supports.
locking of valves, and metal surfaces
shall be assessed. In addition, it is
recommended that facility owners or
operators conduct annual integrity and
leak testing of buried piping or monitor
buried piping on a monthly basis.
Records of such testing or monitoring
shall be maintained for five years. It is
recommended that all valves, pipes, and
S-310999 0027(01X21-OCT-9I-13:5I:36)
appurtenances conform to relevant
industry codes such as ASME
standards.
(5) Vehicular traffic.granted entry into
the facility shall be warned orally or by
appropriate signs to be sure that the
vehicle, because of its size, will not
endanger aboveground piping or other
oil transfer operations. It is
recommended that weight restrictions
be posted, as applicable, to prevent
damage to underground piping.
§ 112.9 Spill Prevention, Control, and
Countermeasures Plan requirements for
onshore oil production facilities.
(a) In addition to the specific spill
prevention and containment procedures
listed under this section, onshore
production facilities must also address
the general requirements listed under
§ 112.7 in the SPCC Plan.
(b) Onshore oil production facilities
are defined in § 112.2(k).
(c) Oil production facility (onshore)
drainage. (1) At tank batteries and
central treating stations where an
accidental discharge of oil would have a
reasonable possibility of reaching
navigable waters, the dikes or
equivalent measures required under
§ 112.7(c)(l) shall have drains closed
and sealed at all times, except when
rainwater is being drained. Prior to
drainage, the diked area shall be
inspected and actions taken as provided
in § 112.8(c)(3) (ii), (iii), and (iv).
Accumulated oil on the rainwater shall
be removed and returned to storage or
disposed of in accordance with
approved methods.
(2) Field drainage ditches, road
ditches, and oil traps, sumps, or
skimmers, if such exist, shall be
inspected at regularly scheduled
intervals for accumulation of oil or oil-
contaminated soil that may have
escaped from small leaks. Any such
accumulations shall be removed within
72 hours.
(3) For facilities in locations subject to
flooding, it is recommended that the
SPCC Plan address additional
requirements for events that occur
during a period of flooding.
(d) Oil production facility (onshore)
bulk storage tanks. [I] No tank shall be
used for the storage of oil unless its
material and construction are
compatible with the material stored and
the conditions of storage. It is
recommended that the construction,
materials, installation, and use of new
tanks conform with relevant portions of
industry standards, which are required
in the application of good engineering
practice for the construction and
operation of the tank.
4701.FMT...[16,30)...12-28-90
(2) All tank battery and central
treating plant installations shall be
provided with a secondary means of
containment for the entire contents of
the largest single tank in use and
sufficient freeboard to allow for
precipitation, if feasible, or alternate
systems, such as those outlined in
§ 112.7(c)(l). Drainage from undiked
areas showing a potential for
contamination shall be safely confined
in a catchment basin or holding pond.
(3) All tanks containing oil shall be
visually examined for deterioration and
maintenance needs at least once a year.
Such examination shall include the
foundation and supports of tanks above
the ground surface. The schedule and
records for examinations of tanks shall
be maintained by the owner or operator
for a period of five complete calendar
years irrespective of changes in
ownership.
(4) It is recommended that new and
old tank battery installations, as far as
practical, be fail-safe engineered or
updated into a fail-safe engineered
installation to prevent spills. It is
recommended that appropriate API,
NFPA, and ASME standards be
referenced. Consideration shall be given
to providing one or more of the
following:
(i) Adequate tank capacity to assure
that a tank will not overfill if a pumper/
gauger is delayed in making regular
rounds.
(ii) Overflow equalizing lines between
tanks so that a full tank can overflow to
an adjacent tank.
(iii) Adequate vacuum protection to
prevent tank collapse during a pipeline
run.
(iv) High level sensors to generate and
transmit an alarm signal to the computer
where facilities are a part of a computer
production control system.
(e) Facility transfer operations, oil
production facility (onshore). (1) All
aboveground valves and piping shall be
examined monthly for general condition
of items such as flange joints, valve
glands and bodies, drip pans, pipe
supports, pumping well polish rod
stuffing boxes, bleeder and gauge
valves. The schedule of examinations
shall be included in the SPCC Plan and
records of the examinations shall be
maintained for a period of five years.
(2) Salt water (oil field brine) disposal
facilities shall be examined often.
particularly following a sudden change
in atmospheric temperature, to detect
possible system upsets capable of
causing an oil discharge.
(3) Production facilities shall have a
program of flowline maintenance to
prevent spills from this source. It is
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54638
Federal Register / Vol., 56, No. 204 / Tuesday, October 22, 1991 / Proposed Rules
recommended that the program include
monthly examinations, corrosion
protection, flowline replacement, and
adequate records.
§ 112.10 Spill Prevention, Control, and
Countermeasures Plan requirements tor
onshore oil drilling and workover facilities.
(a) In addition to the specific spill
prevention and containment procedures
listed under this section, onshore oil
drilling and workover facilities must
also address the general requirements
listed under § 112.7 in the SPCC Plan.
(b) Mobile drilling or workover
equipment shall be positioned or located
so as to prevent spilled oil discharges.
(c) Depending on the location,
catchment basins or diversion structures
may be necessary to intercept ana*
contain spills of fuel, crude oil, or oily
drilling fluids.
(d) Before drilling below any casing
string or during workover operations, a
blowout prevention (BQP) assembly and
well control system shall be installed.
when necessary, that is capable of
controlling any wall-head pressure
expected to be encountered while that
BOP assembly is on the well. Casing and
BOP installations shall be in accordance
with State regulatory agency
requirements.
§ 112.11 Spill Prevention, Control, and
Countermeasuras Plan requirements for
offshore oil drilling, production, or
workover faculties.
(a) In addition to the specific spill
prevention and containment procedures
listed under this section, offshore oil
drilling, production or workover
facilities must also address the general
requirements listed under § 112.7 in the
SPCC Plan.
(b) Offshore oil drilling, production,
and workover facilities are defined in
S 112.2(j). As provided in § 112.1(d)(3),
such facilities that are subject to the
Operating Orders, notices, and
regulations of the Minerals Management
Service are not subject to this part:
(c) Oil drainage collection equipment
shall be used to prevent and control
small oil spillage around pumps, glands,
valves, flanges, expansion joints, hoses,
drain lines, separators, treaters, tanks.
and allied equipment. Facility drains
shall be controlled and directed toward
a central collection sump or equivalent
collection system sufficient to prevent
the facility from discharging oil as
described in § 112.1(b)(l) of this part.
Where drains and sumps are not
practicable, oil contained in collection
equipment shall be removed as often as
necessary to prevent overflow, but not
less than once a year.
(d) For facilities employing a sump
system, the sump and drains shall be
S-310999 0028(01K2I-OCT-9I-I3:51:39)
adequately sized and a spare pump or
equivalent method shall be available to
remove liquid from the sump and assure
that oil does not escape. A monthly
preventive maintenance inspection and
testing program shall be employed to
assure reliable operation of the liquid
removal system and pump start-up
device. Redundant automatic sump
pumps and control devices may be
required on some installations.
(e) At facilities with areas where
separators and treaters are equipped
with dump valves for which the
predominant mode of failure is in the
closed position and pollution risk is
high, the facility shall be specially
equipped to prevent the escape of oil.
Prevention of escaped oil can be
accomplished by extending the flare line
to a diked area if the separator is near
shore, equipping the separator with a
high liquid level sensor that will
automatically shut-in wells producing to
the separator, installing parallel
redundant dump valves, or using other
feasible alternatives to prevent oil
discharges.
(f) Atmospheric storage or surge
containers shall be equipped with high
liquid level sensing devices or other
acceptable alternatives to prevent oil
discharges.
(g) Pressure tanks shall be equipped
with high and low pressure sensing
devices to activate an alarm and/or
control the flow or with other
acceptable alternatives to prevent oil
discharges.
(h) Tanks shall be equipped with
suitable corrosion protection. It is
recommended that appropriate National
Association of Corrosion Engineers
standards for corrosion protection be -
followed.
(i) A written procedure for inspecting
and testing pollution prevention
equipment and systems shall be
prepared and maintained at the facility.
Such procedures shall be included as
part of the SPCC Plan.
(j) Testing and inspection of the
pollution prevention equipment and
systems at the facility shall be
conducted by the owner or operator on a
scheduled periodic basis, but not less
than monthly, commensurate with the
complexity, conditions, and
circumstances of the facility or other
appropriate regulations. Simulated spill
testing shall be the method used for
testing and inspecting human and
equipment pollution control and
countermeasures systems unless the
owner or operator demonstrates that
another method provides equivalent
alternative protection.
(k) Surface and subsurface well shut-
in valves and devices in use at the
4701.FMT...[16.30l...l2-28-90
facility shall be sufficiently described to
determine their method of activation or
control, e.g.. pressure differential.
change in fluid or flow conditions,
combination of pressure and flow,
manual or remote control mechanisms.
Detailed records for each well, while not
necessarily part of the Plan, shall be
kept by the owner or operator for a
period of not less than five years.
(1) Before drilling below any casing
string and during workover operations, a
BOP preventer assembly and well
control system shall be installed that is
capable of controlling any well-head
pressure expected to be encountered
while that BOP assembly is on the well.
Casing and BOP installations shall be in
accordance with State regulatory agency
requirements.
(m) It is recommended that
extraordinary well control measures be
provided if emergency conditions.
including fire, loss of control and other
abnormal conditions, occur. It is
recommended that the degree of control
system redundancy vary with hazard
exposure and probable consequences of
failure. It is recommended that surface
shut-in systems include redundant or
"fail close" valving. Subsurface safety
valves may not be needed in producing
wells that will not flow, but they should
be installed as required by applicable
State regulations.
(n) All manifolds (headers) shall be
equipped with check valves on
individual flowlines.
(o) 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 associated
with that individual flowline, the
flowline shall be equipped with a high
pressure sensing device and shut-in
valve at the wellhead unless provided
with a pressure relief system to prevent
over-pressuring.
(p) All piping appurtenant to the
facility shall be protected from
corrosion. It is recommended that the
method used, such as protective
coatings or cathodic protection, be
discussed.
(q) Sub-marine piping appurtenant to
the facility shall be adequately
protected against environmental
stresses and other activities, such as
fishing operations.
(r) Sub-marine piping appurtenant to
the facility shall be in good operating
condition at all times and inspected oh a
scheduled periodic basis for failures.
Such inspections shall be documented
and maintained at the facility for a
period of five years.
(s] To prevent misunderstanding of
joint and separate duties and
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Federal Register / Vol. 56. No. 204 / Tuesday. October 22. 1991 / Proposed Rules 54639
(fr
obligations lor performing work in a safe
and pollution-free manner, it is
recommended that written instructions
be prepared by the owner or operator
for contractors and subcontractors to
follow whenever contract activities
include servicing a well or systems
' appurtenant to a well or pressure vessel.
Such instructions and procedures shall
be maintained at the offshore
production facility. Under certain
circumstances and conditions, such
contractor activities may require the
presence at the facility of an authorized
representative of the owner or operate:
who would intervene when necessary to
prevent a spill event.
Appendix A—Memorandum of
Understanding Between the Secretary of
Transportation and the Administrator of the
Environmental Protection Agency.
Section II—Definitions
The Environmental Protection Agency and
the Department of Transportation agree that
for the purposes of Executive Order 11548,
the term:
(1) Non-transportation-related onshore and
offshore facilities means:
(A) .Fixed onshore and offshore oil well
drilling facilities including all equipment and
appurtenances related thereto used in drilling
operations for exploratory or development
wells, but excluding any terminal facility.
unit or process integrally associated with the
handling or transferring of oil in bulk to or
from a vessel.
(B) Mobile onshore and offshore oil well
drilling platforms, barges, trucks, or other
mobile facilities including all equipment and
appurtenances related thereto when such
mobile facilities are fixed in position for the
purpose of drilling operations for exploratory
or development wells, but excluding any
terminal facility, unit or process integrally
associated with the handling or transferring
of oil in bulk to or from a vessel.
(C) Fixed onshore and offshore oil
production structures, platforms, derricks,
and rigs including all equipment and
appurtenances related thereto, as well as
completed wells and the wellhead separators,
oil separators, and storage facilities used in
the production of oil. but excluding any
terminal facility, unit or process integrally
associated with the handling or transferring
of oil in bulk to or from a vessel.
(D) Mobile onshore and offshore oil
production facilities including all equipment
and appurtenances related thereto as well as
completed wells and wellhead equipment,
piping from wellheads to oil separators, oil
separators, and storage facilities used in the
production of oil when such mobile facilities
are fixed in position for the purpose of oil
production operations, but excluding any
terminal facility, unit or process integrally
associated with the handling or transferring
of oil in bulk to or from a vessel.
(E) Oil refining facilities including all
equipment and appurtenances related thereto
as well as in-plant.processing units., storage
units, piping, drainage systems and waste
treatment units used in the refining of oil. but
excluding any terminal facility, unit or
process integrally associated with the
handling or transferring of oil in bulk to or
from a vessel.
(F) Oil storage facilities including all
equipment and appurtenances related thereto
as well as fixed bulk plant storage, terminal
oil storage facilities, consumer storage.
pumps and drainage systems used in the
storage of oil. but excluding inline or
breakout storage tanks needed for the
continuous operation of a pipeline system
and any terminal facility, unit or process
integrally associated with the handling or
transferring of oil in bulk to or from a vessel.
(G) Industrial, commercial, agricultural, or
public facilities which use and store oil, but
excluding any terminal facility, unit or
process integrally associated with the
handling or transferring of oil in bulk to or
from.a vessel.
(H) Waste treatment facilities including in-
plant pipelines, effluent discharge lines, and
storage tanks, but excluding waste treatment
facilities located on vessels and terminal
storage tanks and appurtenances for the
reception of oily ballast water or tank
washings from vessels and associated
systems used for off-loading vessels.
(I) Loading racks, transfer hoses, loading
arms and other equipment which are
appurtenant to a non-transportation-related
facility or terminal facility and which are
used to transfer oil in bulk to or from
highway vehicles or railroad cars.
(I) Highway vehicles and railroad cars
which are used for the transport of oil
exclusively within the confines of a non-
transportation-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 non-transportation-related
facility or terminal facility and which are not
intended to transport oil in interstate or
intrastate commerce, but excluding pipeline
systems used to transfer oil in bulk to or from
a vessel.
(2) Transportation-related onshore and
offshore facilities means:
(A) Onshore and offshore terminal
facilities including transfer hoses, loading
arms and other equipment and appurtenances
used for the purpose of handling or
transferring oil in bulk to or from a vessel as
well as storage tanks and appurtenances for
the reception of oily ballast water or tank
washings from vessels, but excluding
terminal waste treatment facilities and
terminal oil storage facilities. •
(B) Transfer hoses, loading arms and other
equipment appurtenant to a non-
transportation-related facility which is used
to transfer oil in bulk to or from a vessel.
(C) Interstate and intrastate onshore and
offshore pipeline systems including pumps
and appurtenances related thereto as well as
in-line or breakout storage tanks needed for
the continuous operation of a pipeline
system, and pipelines from onshore and
offshore oil production facilities, but
excluding onshore and offshore piping from
wellheads to oil separators and pipelines
which are used for the transport of oil
exclusively within the confines of a non-
transportation-related facility or terminal
facility and which are not intended to
transport oil in interstate or intrastate
commerce or to transfer oil in bulk to or from
a vessel.
(D) Highway vehicles and railroad cars
which are used for the transport of oil in
interstate or intrastate commerce and the
equipment and appurtenances related
thereto, and equipment used for the fueling of
locomotive units, as well as the rights-of-way
on which they operate. Excluded are highway
vehicles and railroad cars and motive power
used exclusively within the confines of a non-
transportation-related facility or terminal
facility and which are not intended for use in
interstate or intrastate commerce.
BILLING CODE 6SW-SCMI
S-310W9 0029(01X21-OCT-91-I3:5I:43)
4701.FMT...[16.30]...12-28-90
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SECTION C
* INTERIM FINAL RULE FOR 40 CFR 112
DATED NOVEMBER 4, 1992
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-------
Wednesday
November 4, 1992
Part V
Environmental
Protection Agency
40 CFR Part 112, et aL
CtvU Penalty Provision* for the Oil
Pollution Prevention Regulations, Clean
Water Act Notification Provision and
Prohibition Agalnet Unauthorized
Discharges of Oil and Hazardous
Substances; Interim Final Rule
-------
S2704 Federal Register /Vol. 57. No/ 214 / Wednesday. November 4. 1992 / Rule* and Regulations
ENVIftONMCMTAI. WWTECTION
.
40 CFR Par* 11 2, ,11 4 and 117
••••- • • .•• '..-.-.:••*»='•.•---'•*,•
CM P«Mtty atovtotona for trie Oil
PpUutlon Prevention Roflulatfono,
Clean Water Act Notrflcatton Provlolon
and ProMbMon Aftfnat UmuttrartMd
Diaehargao of ON and Hazardous
Subatancea
AOBNCY: Environmental Protection
Agency. ••'••'
Acne* Interim final rule. _
suMMAirr. Tha Environmental Protection
Agency (EPA] today publlihei an
interim final rule which limit* the
applicability of the administrative
penalty assemment provision! of the
Agtncy'i regulation! on oil pollution
prevention and raportable quantitiae for
hazardous nibf tancas. Thete provtiion*
are being amended in light of new
authorities for the esiassment of civil
administrative and judicial penalties
under the Oil Pollution Act (OPA).
DATV; COectlva. data; The interim fl**1
rule shall be effective November 4. 1992.
Comments: EPA will accept pott-
publication comments until December 4.
1992. . .
Aoonssscs: Persons may mail two
copies of all cammenta en this interim
final rule to Cecilia L Smith. Office of '
Waste Programs Enforcement. (OS-no),
Environmaatai Protection Agency. 401 M
Street SW,Wa*hksgtoa, DC 20460; The* •
is ivallable and persons may inspect
comments at the above address;
POM PtMrTMBf OBPCSeeslTMSf COSfTMCTS.'
Cecilia X-SaBJUupffioa of Waate ... .
ProgramrEnforeearent'SSOaC. • •'• •
Environmental Protaetion Agency. 401 M
Street SW, Waahiaftoo, DC 20480, (703)
• • '
tum4aiorf jury nmrnnni*. •
1. Pnanble •""'•'.
Oil Pollution Prevention Regulation!
The civil penalty provision of the oil
pollution prevention regulations (40 CFR
112.6), and the related civil penalty
provisions and procedures at 40 CPU
part 114 were promulgated in 1974
pursuant to section 3ll()) of the Federal
Water Pollution Control Act. 33 U.S.C.
1321, also known as the Clean Water
Act (CWA) (39 FR 31002. August 29.
1974). Part 112 sets out. for onshore and
offshore non-transportation-related
facilities, requirements designed to
prevent discharges of oil into "navigable
waters and adjoining shorelines." 40
CFR UXoeatd mi each provide mat <
rioBtiona el the oil pollution pi
regulations may result In the as
of an administrative penalty of not
than $84)00 par day of violation. 40CPR •;
112.6 and 114.1 are based on authority to
CWA section 311(j)(2). which, befote Its
amendment by the Oil Pollution Act of
I960 (OPA). limited civil panaltiea -*vs»:
assessed for violations of regulation*
iwued under section 3il(j) to "not more V
than 154)00 for each such violation." . . i
The OPA repealed CWA section
31101(2) and amended CWA section
3ll(b)(e) to provide that violator* of
CWA section 311(1) may be assessed a
Class I penalty of up to flOOOO par /
violation (up to a maximum asseetajient
of 8254)00). or a Class Q penalty of op to
$10,000 par day of violation (up to a
maximum assessment of $123,000). ..
Further, section 311(b)(6) now provides '
for different administrative proceedings
for these two classes of penaitiaa.
Respondents in Class I cases are -given a
reasonable opportunity to be heard and .
to present evidence, but the hearing
need not meet the requirements of the
Administrative Procedure Act (AFA) for
formal adjudications (5 U.S.C. 884), •
Class 0 hearings. however, are OB the
record and subject to 8 U.3.C. 554.
At a tasult or the- savings provtsioftlai
section 6001 of the OPA, U 1124 and
114.1 continue In effect until repealed,
amended or superseded. Today's
regulation unanda 40 CKK 1124 aod
1141. by cnaJdRf them applicable only to
violations occurring prior to August to, -
MOO, the date of enactment of Uw OIL
Pouuueer, Act. • - •
Tha OFAalao amended CWA section
3ii(b) to ptovida for the Judicial
assessment of drtl penalties of ap to
"SUflOftpat day of violation."
or both." Aa a result of the . • .
provision in section 6001 of the
OPA, 40 CFR 117.22(a) continues In
'Deflect until repealed, amended, or
sopeneded. Today's regulation amends
•I 117122(a) by makinf it applicable only
• to violations occurring prior to August
:. 18, 1990, the data of enactment of the Oil
^PomitionAcL
Againtt Unauthorized
40 CFR 117 generally establishes the . '
repoftabla quantitfss for hazardous '
s^betaneaadaalfnated under 4OCFR lie.
for pvipoaea of CWA section nl 40
CFR 117.21 sets out the notification
laquiiwiaiit for discharges of dealflnsieH
haaardous substances pursuant to CWA
section ail(b)(8). 40 CFR 117 J2(«).* • '
provides that violatlon(s) of the
notification requirement may remit m a
fine of not more than S10.000 or .
Imprisonment for not more than oe»
year, or both, 40 CFR ll7.22(a) is baaed
on language in former CWA section
3ll(bX8). which wai later amended bjr~
the OPA. Section 4301 of the OPA
amended CWA aection 311(b)(S) to
provide that any criminal penalty for
violation of the notification requinm
in CWA section 31l(b)(5) be "in
accordance with title 18, United State*
Coda, or imprisoned for not more than 5
: *40 CFR 117J&Z(b) provides that an
" owoer, operator or a person in charge of
' a reasel or facility that has discharged a
designated hazardous substance
excaedtef the reportable quantity may
be tubfoct to a civil administrative
penalty assessment of up to SS.OOO par
violation. The regulation also states that
the Agency may pursue a judicial civil
penalty action, seeking up to WO.OOO per
violation: where the discharge resulted
from willful negligence or willful
misconduct the maximum Judldsl civil
penalty U $280.000. 40 CFR I17.22jb) is
baaed on language in former CWA
•action 311(b)(S)(A). which was
amended by the OPA.
Section 4301 of OPA repeated CWA
section 3ll(b)(fl) and replaced it with s
new penalty assessment framework. '
CWA section 311(b)(6) now provides
that violators of the prohibition against
unauthorized discharges In section
nttbX*! aaay be assaaaed a Class I
penalty «f up to Siaooo per violation (up
to a maximum assessment of 825,000) or
a Class n penalty of up to $10.000 per
Amj of violation (up to a maximum
assessment of $1254)00).
As a result of the savings provision in
section 8001 of the OPA. 40 CFR 117.22
coatinues In effect until repealed.
amended or superseded. Today's
rsfnlstion amends 40 CFR 117.22 by
making it applicable only to violations
occurring prior to August 16, 1990. the
data of enactment of the Oil Pollution
Act.
Section 4301 of OPA also added CWA
jectioB Jll(b)(7), which provides for the
Judicial assessment of civil penalties for
Tiolatiooa of CWA section 3ll(b)(3) of
up to "3234)00 par day of violation" or
«p to "81.000 per barrel of oil or unit of
raportable quantity of haaardous
.substances." For violations of section
311(b)(3) that are a result of grosi
negligence or willful misconduct, the
violator now Is subject to a dvil penalty
of "not lees than $100.000 and not more •
than $3.000 per barrel or oil or unit of
reportabie quantity or hazardous
discharged."
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f xkril Rtguitar / Vd. 57. No. 214 / Wednesday. November 4. 1992 / Rdea and Regglatippi S27Q5
Today 'tiaj*riatPinal.R*suialiot>
Qongraaa. death/ Intended that
violation of *»eil poltanon pmvenhon
"frir'ittnni HiJaiasai ef the* aecaoo
violation* of tBeipahibiMon against
unauthorixad illn liaijyaai hi sacrtom
3«4bJW.occarrtB»tItei the OPA'sv
paassjg* shot** to svfafect to « mot*
•iff p*aeta frasDCwork tfaaa
previouaii' ma the CAM. Pttrmamar*.
the OPA establishes procedure* Out
differ tank taoea sal brth In 40 CFR114.
The Agency.'*, intent under 40 CFR parta
112,11* and. 117 haaalway* been to
allow civil K»*lty assessment* up to
the maximum: amount allowed uader the
>UbdJ»l& bghl of the raceat statutory
change to In* maximum unoont of chril
praam** provided for violations of
CWA MCtlm m(}> rtgulatfona, CWA
section 3H(b)W and CWA iectlon
3ll(bK3J, the Agency's existing
regulation* OR thta*matter-need to be
changed to coafoun to the statutory
amendment*. The Agency believes that
such a conforming change reflecting.
explicit Congressional intent doit not
warrant notice and opportunity for
comment under tha Adminiitrativa
Procedure Act and that there is good
cause for publishing thi»mJ» In interim
final form. For the tame reason, tha
Agency believes there is good cause for
making the rule effective immediately.
Consequently, this rule is published as
an interim final rule amending 40 CFR
112.8.114.1 and 117.22 with regard to
any violations occurring after the date of
the OPA's enactment (August 18.1990).
40 CFR 11Z6.114.1 and 117.22 still apply.
however, to violation* that occurred
prior to August 18.1990.
Interim Procedures
As a mult of today's interim final
rule, there will be no promulgated rulaa
containing procedures for assessing
administrative penalties for CWA
Section 311 regulatory violations or
violations of section 3ll(b)(3) occurring
after August 18.1060. The Agency, .
however, will use two existing sets of
procedures as guidance until it
completes a rulemaking to implement
the new CWA penalty provisions. For
Class I penalties, the Agency will follow
generally the procedures set forth In the
recently proposed 40 C7R 28. Non-APA
Consolidated Rules of Practice for
Administrative Aiseasment of Civil
Penalties (58 PR 29996. July 1.1991).
These procedures will be used as N
guidance until the regulation is
published In the Federal Ragiatar as
final, at which time they will have the
force of law. For the assessment of
CWA section 311 Class II penalties, the
Agency intends to use aa guidance- the
Consolidated Rules of Practice
Governing the. Administrative
Aasaaaoent of Civil Penalties, and tha
Revocatieivor&Mpeaiioa of Permits at
40 CFR 22.40 CFR 22 satisfiee the
raquintMBt* of the APA for
adfadicneix naarings oa thv cecore. Tha
AgasBcy-intends in that aaar futon to
amandiaftCFftata iacorporste. the
OPA Amendments tathe CWA.
IL Procedural Xaquiramaaia
A R**n*r Under Jbrnvtrrt Order12281
Executive Order No. 12281 requires
that all Proposed and final regulations
be classified as major or mwmajor
rules. The Agency has'determined that
thia final rule la not a ma (or rale under
Executive Order 12291 because it win
not result in any of the- impact*
delineated fit the Exa«utiv» Order
& R*vi»w Uadar th* Regulatory
FtuubiUty Act
Th» Regulatory Flexibility Act of 1980.
5 U.3.C. 601 etsttf. requires tbal a
Regulatory Flexibility Analysis be
performed for all rules' mat are likely to
haw "significant economic impact on a
substantial number of smaO entities."
This regulation will not impose
significant costs on any small entities.
The overall Impact on small entities is
expected to be slight. In addition, the
rule Is procedural and does not impose
additional regulatory requirements on
small entitles. Therefore, as required by
the Regulatory Flexibility Act, EPA
hereby certifies that this final rule will
not have a significant impact on small
entities.
C Rtviaw Undtr th« Paperwork
Reduction Act
This rule does not contain any
information collection requirements •
subject to OMB review under the
Paperwork Reduction Act of 1880-(44
U.8.C. 3501 •( seq.).
HI. Additional Opportunity for Public
Comment
EPA has issued today's rule as an
interim final rule in order to provide a
limited opportunity until December 4.
1992 for public comment. After
evaluating any comments which are
received. EPA will decide whether a
response is warranted.
Llat of Subjects
40 CFR Part 112
OH pollution. Penalties. Reporting aod
recordkceping requirements.
40 CFR fate U4
AcfmimatrarrVr practice- and
procedure, OlIpolTulron, Peneltte*.
40CFRPartU7
Haxardooe. substances* Penalties.
Reporting aodrecordkeeplng
requinaeati. Watt* pollution. eontnL
Dttedr October » 18ft
WUuanrK Kafir.
AdminitUtttOr,
For uu reaaona set oul la tha
preambla. pnta.1U.ll4 and 117 of.
chapiat I of Utla 40 of tha Coda of
Federal Regulations, are. amended aa sec
forth below.
PART ttt-oiLPOLumrm
PREVEWTIOK
L The authority citation for pan 112 is
revised to read as follows:
Authority: 8«c. Jit. S01(a). Fadtral Watar
Pgliutton Cbntnrf Act (a«c 2. Pub. L 9S-6OO.
88 SUl 5t»at ate.. (93 VAC. 1251 at a*q.»:
M& 4(bt Pab. 1. 90400, ao SUL aan s U AC
Raeff, PJan «( 1970 No. 3 (10701. IS FK.1SA23.
2 CFR 1989-1070 Comp.; E.0. 1173S. 38 FR
31243. 3 CFR. auparatdad by £-0. 12777. JO FR
S47S7.
2. Section 112.6 is revised to read aa
follows:
1 1 12.f CMJ pmalttee lor violation or oil
pollution prevention refutations.
(a) Applicability of section. This
section shall apply to violations
specified in paragraph (b) of this section
which occurred prior to August 18. 1990.
(b) Owners or operators of facilities
subject to 1 112.3 (a), (b) or (c) who
violate the requirements of this part 11:
by failing or refusing to comply with any
of the provisions of 1 112.3. 1 112.4 or
1 112.5 shall be liable for a civil penalty
of not more than 16.000 for each day
such violation continues. Civil penalties
shall be imposed in accordance with
procedures set out In parti 14 of this
subchapler D.
PART 114— CIVIL PENALTIES FOR
VIOLATION OF OIL POLLUTION
PREVENTION REGULATIONS
1. The authority citation for pan m i»
revised to read as follows:
Authority; Sacs. 311. S01|a). Pub. I. 92-JOO.
ae Sui. aas. sas (33 u.s.c. 1321.
2. Section 114.1 is revised
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S2706 Federal Register / Vol. 67, No. 214 / Wednesday. November 4. 1992 / Rults and Regulation*
(b) Owners or opmtoft ef facilities
, »ub|tct to 1M2J (a), (b) or (c) of this
lubchapter who violate the
requirements of pert 112 of this-
subchapttr D by falling or refuting to -
comply with any of tat provisions of
|| 11*3,11X4, or UU of this
•ubebapttr shall be liable for a civil .
penalty of cot mat* than S&OOO for neh
day such violadon continues. Civil
penalties shall be assessed and
compromised in accordance with thi«
port No penalty shall be assessed until
the owner or operator ihall have been
given notice end an opportunity for
hearing in accordance with thia put
PART 117-OrrnuUMATlON OF
REPORTABUE OlMKTTTlfiS FOR
HAZARDOUS SUBSTANCES
1. The authority citation for part 117 ia
revised to read as follow*:
Authority: Sees. 311 and Wl(e). Federal
Water Pollution Control Act (33 O&C 1251 it
teq.). ("the Act") ud Executive Order H7SS,
superseded by Bxecattve Order 12777.96 PR
M7S7.
2. Section 117.22 U revised to read ••
followi:
111742
(a) Applicability of section. This
section snail apply to violation!
•petrified in paragraphs (b) and (c) of* '••;
tni* section whroh occurred prior to •••-=
Au|uatia.l9aO. . .
(b) Any penon in charge of • veaael or
an onthore or offihore facility who falla
to notify the United Slatei Govemmeat'
of a prohibited diacharge pursuant to ••• •
i 117 Jl (except in the case of a
discharge beyond the contiguous lone,
where the person in charge of a vessel Is
not otherwise subject to the Jurisdiction
of the United States) shall be subject to
a fine of not more than 110.000 or
imprisonment for not more than one
year, or both; pursuant to section
(c) The owner, operator or person in
chtrgt of a vessel or an onshore or
offshore facility from which Is
discharged a hazardous substance-
designated in 40 CFR part 118 in a
quantity equal to or exceeding in any 24-
hour period; the reportablt quantity
established in this part (except in the
case of a discharge beyond the
contiguous zone, where the person in
chargt of a vessel is not otherwise
subject to the jurisdiction of the United
States, shall be assessed a civil penalty
of. up to $6.000 per violation under
section 311(b)(fl)(A). Alternatively, upon
a determination by the Administrator, a
civil action will be commenced under .
section 3ll(b)(6)(B) to impost • penalty .
not to exceed I8OOOO unless such •
discharge is the result of willful
negligence or wtlthil misconduct, within
th« privity and knowledge of .the owner.
operator, or person in charge, in which ..
case-the penalty shall not exceed
$250000. •
Note: The AdminKtntor will take Into
•ccont the gravity of the ofleaM and- the
•Ulideid of care ouaifect by toe owner,
operator, or penon in charts In determining •
whether a dvil action will be commenced
under MCUoa Jll(bM«JOW- The gravity of the
offeato will be taterpnrted to Indvdo the ilse
of the discharge, the octree of daajer or harm
to the public health, safety, or the
environment including consideration of
toxldty, degradabilitr. and dUpenel
eharaeteristiee of the eubetanee. piwiout
iplll history, and previous violation of any
tjrtll prevention regulations PartlcuUf. .
emphasis will be placed an the ttandard of
care tad the extant of mitliatioa efforts
manifest by the owner, operator, or penon in
charge.
[PR Doc. 02-2BU1 Filed 11-3-te 8:40 am|
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SECTION D
* SPCC/FRP OUTREACH CONTACT NUMBERS
* MOST COMMONLY USED CWA-OPA-SPCC
ACRONYMS
* SPCC IMPORTANT DEFINITIONS
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SPCC/FRP OUTREACH:
SPILL PREVENTION CONTROL AND COUNTERMEASURE/FACILITY
RESPONSE PLAN
WHO CAN YOU CALL?
FRP Lifeline 215-597-9562
SPCC/OPA Hotline 202-260-2342
National Response Center 800-484-8802
Region m SPCC Personnel, Their Title and Phone Extension:
Dave Wright, Chief, Oil and Title III Section-597-5998
Vince Zenone, OSC/SPCC Coordinator~597-3038
Linda Ziegler, Oil Program/FRP Coordinator-597-1395
Regina Starkey, Oil Enforcement/FRP Co-Lead Coordinator-597-1395
Paula Curtain, Oil Enforcement Specialist~304-234-0256
Bernie Stepanski, Investigator-597-3184
Frank Cosgrove, SPCC Oil Inspector--597-1357
Tony Faranca, FRP Inspector-597-3152
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COMMONLY USED CWA-OPA-SPCC ACRONYMS
ACP
AST
CERCLA
CWA
DOJ
DOT
EPA
ERNS
FRP
MOU
NCP
NPDES
NRC
NRT
OPA
PE
RA
RCP
RCRA
RQ
SIC
SPCC
USCG
UST
WHPA
Area Contingency Plan
Aboveground Storage Tank
Comprehensive Environmental Response,
Compensation, & Liability Act of 1980
Clean Water Act
Department of Justice
Department of Transportation
United State Environmental Protection Agency
Emergency Response Notification System
Facility Response Plan
Memorandum of Understanding
National Contingency Plan
National Pollutant Discharge Elimination System
National Response Center
National Response Team
Oil Pollution Act of 1990
Professional Engineer
Regional Administrator
Regional Contingency Plan
Resource Conservation & Recovery Act
Reportable Quantity
Standard Industrial Classification (Code)
Spill Prevention Control and Countermeasure (Plan)
United States Coast Guard
Underground Storage Tank
Wellhead Protection Area
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IMPORTANT SPCC DEFINITIONS
Oil is defined as "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 dredge
spoil." Interpretations of this definition include non-petroleum oils such as vegetable
and animal oils.
Discharge involves but is not limited to, any spilling, leaking, pumping, pouring,
emitting, emptying or dumping of a material. However, some "discharges" are
allowed as authorized, by a permit issued under to section 13 of the River and Harbor
Act of 1899, or section 402 or 405 of the Federal Water Pollution Control Act
(FWPCA) Amendments of 1972. ,
\
Spill Event is a discharge of in a harmful quantity into the navigable waters of the
US or the adjoining shorelines.
RO or Reportable Quantity is established under the Superfund, Emergency
Planning, and Community Right-To-Know Program (40 CFR Part 302) as the quantity
of a given material, which when released by an owner or operator, requires
notification of the National Response Center.
Harmful Quantity is a quantity of oil which
(1) Violates applicable water quality standards; or .
(2) Causes a film or sheen upon or discoloration of the'surface of the water or
adjoining shorelines; or
(3) Causes a sludge or emulsion to be deposited beneath the surface of the water or
upon adjoining shorelines.
* - Discharges from properly operating vessel engines are exempted.
Applicable Water Quality Standards are water quality standards adopted by a state
pursuant to Section 303 of the FWPCA or promulgated by the EPA pursuant to that
section.
Navigable waters of the United Stated are 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, and tributaries of such waters;
(2) Interstate waters, including interstate wetlands;
(3) Intrastate lakes, rivers, and streams which are utilized by interstate travelers for
recreational or other purposes; and
(4) Intrastate lakes, rivers, and streams from which fish or shellfish are taken and
sold in interstate commerce.
-------
Owner or operator means any person owning or operating an onshore or an offshore
facility, and in the case of an abandoned offshore facility, the person who owned or
operated the facility immediately prior to abandonment.
Non-transportation related facility is defined in the Memorandum of Understanding
between the Secretary of Transportation and the Administrator of the EPA, as 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 and from a water transportation vessel. 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.
Onshore facility means any facility 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.
Offshore facility is defined as any facility of any kind located in, on or under any of
the navigable waters of the United States, which is not a transportation-related
facility.
Source: 40 CFR Part 112 (7-1-90)
-------
SECTION E
* SPCC COURSE SLIDES
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NOTES
History/Background
Information
Sources Of Oil Spills
Transportation
Non-Transportation
Breakdown of Oil Spill Reports
Region III - Fiscal Year 1992
PA VA WV MD DC DE
Source: Regional Response Cent er (Six Year Trends)
-------
NOTES
Inland Spill Classification
< 1,000 gallons , —> MINOR
1,000 -10,000 gallons —> MEDIUM
> 10,000 gallons —> MAJOR
Source: 40 CFR 300.5 (NCR)
SPCC HISTORY I 4 I
Oil Pollution Prevention Regulation lHlliil
• Spill Prevention, Control and Counter-
measures (SPCC), became effective January
10,1974.
> Derives authority from Section
3 1 1 of the Clean Water Act
(CWA).
MM
3TCC Hltniy
SPCC HISTORY
Memorandum of Understanding (MOD)
Developed between the EPA and DOT to
clarify the meanings of "Transportation and
Non-Transportation-Related Facilities".
SPCC Hi»Diy
-------
NOTES
SPCC HISTORY
Amendments to SPCC Regulation
August 29,1974:
*• Set forth EPA's policy on civil penalties
for violating Section 311 of CWA.
March 26, 1976:
•> Clarified SPCC applicability criteria.
*• Specified that SPCC plans must be written.
*• Outlined procedures for developing an
SPCC plan for mobile facilities.
SPCC MIlBiy
SPCC HISTORY
OIL
Major Oil Spill • January 2,1988
+ 4 million gallon AST collapsed and
spilled 3.8 million gallons of diesel
. fuel.
> Approximately 750,000 gallons entered
into the Monongahela River.
> Affected the water supplies of 70
communities across 3 States.
SPCC HISTORY
SPCC Task Force Report
SPCCHMory
Focused on prevention of large catastrophic
spills.
Made recommendations regarding the
Federal SPCC program.
STCC Hilary
-------
NOTES
SPCC HISTORY
PROPOSED RULE
October 22, 1991:
> Developed to clarify that certain
provisions in the regulation are
mandatory.
*• May require facilities to notify
EPA for the purpose of developing
a comprehensive inventory of SPCC-
regulated facilities.
SPCCHliorv
SPCC HISTORY
OPA-1990
Signed into law on August 18,1990.
Made significant modifications to Section
311ofCWA.
tree HltBiy
OPA KEY PROVISIONS
Expands Federal Role In Response
Establishes Oil Spill Liability Trust Fund
Requires Contingency Planning (FRP)
Requires Double Hulls
Provides For Research And Development
Increases LJabilty For Spills
-------
NOTES
OPA-1990
Liability Caps Can Be Broken
1. Spill was caused by gross negligence, willful
misconduct or the violation of federal safety,
construction, or operating regulations.
2. Failure to report a known spill.
3. Failure or refusal to cooperate with removal actions.
4. Failure to comply with an order issued under the
CWA or the Intervention on the High Seas Act.
srcc Hiiniy
Evaluation of the Plan/Program
• Is your plan current and effective?
• Do your people know what to do when a
spill occurs?
• Does the equipment work?
• Can your people use the equipment
safely and effectively?
• Do they know who to call for help?
CVAL- t
112.2
Definitions
-------
NOTES
Section 112.2
Important Definitions source-. 40 CFR no.i& 112.2
•ecu
• Oil
• Discharge; Spill Event
• Harmful Quantity; Applicable Water Quality
Standards
• Navigable Waters; Adjoining Shorelines
• Owner or Operator
• Non-Transportation Related Facility
• Onshore and Offshore Facility
•
112.1
General Applicability
SPCG applies to:
Section 112.1
Non-transportation-related facilities that:
»• Due to their location, could reasonably be
expected to discharge oil into or upon the
navigable waters of the U.S. or adjoining
shorelines.
> Have a total under-ground storage capacity
> 42,000 gallons, or
»• Have a total above-ground storage capacity
> 1,320 gallons, or
»• Have a single, above-ground storage tank
with a capacity > 660 gallons.
-------
NOTES
Section 112.1
The SPCC regulation
• Establishes procedures, methods, and equipment
to prevent oil discharges into or upon the navigable
waters of the U.S. or adjoining shorelines.
• Does not relieve the owner/operator from
compliance with other existing Federal, f~~ ~ "^
State, and Local laws. I OIL J
• Concentrates on prevention, not response to
discharges of oil in "harmful quantities".
• Complements existing laws, regulations, rules,
standards, polices and procedures.
Section 112.1
General Information
Organizations that should be considered for current
regulations, standards and codes:
• American Petroleum Institute (API)
• National Fire Protection Association (NFPA)
• American Society of Mechanical Engineers
(ASME)
• American National Standards Institute (ANSI)
• Underwriters Laboratory (UL)
112.1
112.3
Requirements for Preparation and
Implementation of Spill Prevention
Control and Countermeasures Plans
-------
NOTES
Section 112.3
Time Requirements
Facilities are required to:
• develop a plan within 6 months of
starting operations.
• fully implement the plan within
1 year of starting operations.
Section 112.3
Mobile Facilities
Must have an SPCC plan prepared in
accordance with 40 CFR Part 112.7
No mobile facility can legally operate without
having an SPCC plan implemented.
Section 112.3
Other Requirements
The SPCC plan must be reviewed and
certified by a PE, and
Must be available to the RA for review during
normal working hours.
-------
NOTES
Section 112.3
Extensions of Time
Can be granted by the RA because of the
n on -availability of qualified personnel or
delays in construction or equipment delivery,
beyond the control of the owner/operator.
112.4
Amendment of SPCC Plans by the
Regional Administrator
Section 112.4
Submitting Plans to EPA
Inspector requests a copy, or
Oil is discharged into or upon the navigable
waters of the U.S. or adjoining shorelines:
• at > 1,000 U.S. gallons in a single spill
event, or
• in "harmful quantities" in two spill
events in any 12 month period.
112 4 RA Plan Arandmanu
-------
NOTES
Written Reports Include:
Section 112.4
Copy of SPCC plan.
Facility name
Owner/operator name.
Location of facility.
Date of initial operation.
Maximum oil storage capacity and average daily
throughput.
112.4 RA M»n Amend m«n»
Section 112.4
Written Reports (cont.)
• Facility description
• Cause(s) of the spill (s).
• Corrective measures taken.
• Additional preventative measures.
• Other information requested by the RA.
\
• CMi
112.4 RA Pun An*nln»fw
Section 112.4
If the RA Proposes Amendment®
The owner/operator will be notified via
certified mail, and must
• make the amendment(s) part of the
plan within 30 days.
• implement the amendment(s) within
6 months.
112.4 RA Plan AmrHiMnB
-------
NOTES
Section 112.4
Appeals
now
• Informal appeal to RA:
• Written statements or views opposing
the amendment.
• Formal appeal to the EPA Administrator:
• Clear, concise statement of the issues.
• Additional information from any other
person.
112.4 RA Han tfmretmm
112.5
Amendment of SPCC Plans by
Owners or Operators
Section 112.5
Owner/Operator Amendments
• The owner or operator must review the
facility's SPCC plan every 3 years.
• The plan shall be amended within 6 months
of the review to include a more effective
technology if:
\
> The technology significantly reduces the
likelihood of a spill event at the facility.
»• The technology has been field-proven.
I12 3 Ownar/opanar Plan Arrcrai
-------
NOTES
Section 112.5
Owner/Operator Amendments
•IMJ
• A facility's SPCC plan must be amended
when there is a "change" in facility design,
construction, operation or maintenance that
materially affects the facility's potential
to discharge oil.
• The amendments) must be fully
implemented within 6 months.
1123 Owner/owner Ptan Amnanon*
Examples of changes:
Section 112.5
• Commission or decommission of tanks.
• Replacement reconstruction, or movement of
tanks.
• Replacement, reconstruction, or installation of
piping systems.
• Construction or demolition that might alter
secondary containment structures.
• Revision of standard operation or maintenance
procedures at a facility.
112.7
Guidelines for the Preparation
and Implementation of a SPCC
Plans
-------
NOTES
Section 112.7
General Information
MOW
,
• SPOC plans should be prepared using good
engineering practices, and
• Have the full approval of management with .
the authority to commit the necessary j$|
resources. m
ltt.7 Plan reparation OuUilM
Section 112.7
General Information (cont.)
An SPCC plan includes:
» Predictions of equipment failure.
> Appropriate containment or
diversionary structures.
1127 Plan reparation
Section 112.7
Containment or Diversionary Structures
• For on shore facilities:
- Dikes, berms or retaining walls
sufficiently impervious to contain
the spilled oil.
- Curbing.
- Culverting, gutters or other drain-
age systems.
- Weirs, booms or other barriers.
- Retention ponds.
- Sorbent materials.
- Vaulted and doubled walled tanks.
112.7 Plan reparation QuUelm
-------
NOTES
Section 112.7
Containment or Diversionary Structures
For offshore facilities:
»> Curbing, drip pans.
> Sumps and collection systems.
1127 Plan PapaiattonOuldtUMi
Section 112.7
Containment or Diversionary Structures
• If installing structures or equipment is not
practicable, you must
»• Maintain a written spill contingency plan
(40CFR109),and
> Have a written commitment of equipment
and materials to contain and abate a
spill.
ItttM
1127 Plan f •paraaon OuUclMi
,
Section 112.7
Guidelines
1.
2.
3.
4.
5.
Facility drainage, onshore. *
Bulk storage tanks, onshore. *
Facility transfer operations, pumping, and
in-plant processes. *
Facility tank car and tank truck loading/
unloading, onshore.
Inspection and records.
* Excludes production facilities
'""* 1127 r tan reparation OuidalMi
-------
NOTES
Guidelines (cont.)
Section 112.7
6.
7.
8.
9.
10.
Security.*
Personnel training and
procedures.
spill prevention
Oil production facilities, onshore.
Oil drilling and work over facilities, onshore.
Oil drilling, production,
offshore.
or work over facilities,
* Excludes production facilities
""** 1 127 Plan PBeomton O uBtlnot
Section 112.7
* Facility Drainage - Onshore
Drainage from diked storage areas
> Should have positive restraint.
*• Should be manually activated.
»• Should be inspected.
Drainage from undiked areas
»• Should flow to a containment area
a diversionary system.
Treatment systems
»• Should be engineered to prevent overflow.
1127 Nan P
Section 112.7
* Bulk Storage Tanks - Onshore
IfCfM
• Tanks must be made of materials compatible
with the oil to be stored.
• There must be secondary containment for all
tanks.
B Oil Storage,
1127 Plan PrepanuonQutielirvs
-------
NOTES
Section 112.7
* Bulk Storage Tanks - Onshore (cont.)
Rainwater from a diked area may bypass in-plant
treatment if:
>• The bypass is normally kept in the closed
position.
»• The discharge is inspected prior to
. release.
*• The discharge does not violate applicable
water quality standards.
*• The valve is opened and resealed under
proper supervision.
> Proper records are kept
11Z7 Ptan P»i
Section 112.7
* Bulk Storage Tanks - Onshore (cont.)
Buried metallic tanks
*• Protect from corrosion
>. Pressure test regularly
Partially buried metallic tanks
»• Should be avoided unless the buried
portion is protected from corrosion.
112.7 f tan P •
Section 112.7
* Bulk Storage Tanks - Onshore (cont.)
Aboyeground tanks
*• Periodic integrity testing.
»• Frequent visual inspections.
Internal heating coils
*• Exhaust should be monitored or treated.
11Z7 Plan PBpaian
-------
NOTES
Section 112.7
* Bulk Storage Tanks - Onshore (cont.)
• New and old tanks should be fail safe.
• Leaking tanks should be repaired promptly.
• Portable oil tanks need secondary containment.
112.7 Plan PnpBiaton
Section 112.7
* Transfer Operations, Pumping, & In-Plant
Process - Onshore ^
• Buried pipes should be protected from corrosion.
• Out-of-service or standby status pipes should be
capped or blank flanged.
• Pipe racks should be designed to account for
expansion and minimize corrosion.
• Aboveground piping and valves should be inspected
regularly.
• Warnings must be posted to warn traffic of
aboveground piping.
Section 112.7
Tank Car & Tank Truck Loading/Unloading
I racks - Onshore
j
! • Facilities must meet the minimum DOT standards.
\ • Rack areas should have secondary containment to
| handle a spill from the largest tank compartment
' filled at that location.
l
: • A system should be established to prevent vehicle
departures before disconnecting.
• All tank car and tank truck openings should be
inspected for leaks before and after loading.
(--1
112.7 Pun PBMiamn Ou«Mi*m
-------
NOTES
Section 112.7
Inspections and Records
• Inspections should be performed in
accordance with a written procedure.
• Inspection records should be signed by an
appropriate supervisor or inspector.
• Both the written procedures and the
inspection records should be made part of
the facility's SPCC plan for a period of 3
years.
1117 Hut PapwalonauUtHnw
Section 112.7
* Security
• Facilities should be fenced with entrance &
gates locked and/or guarded. W
• Master flow and drain valves, pump controls,
and loading/unloading connections should
be protected when not in use.
• Facility lighting should aid in spill detection as
well as deter vandals.
If CM*
1127rfcnr»pann»nOuidtli».
Section 112.7
Personnel Training and Spill Prevention
Procedures
Owners and operators are responsible for
proper instruction of personnel.
Each facility should designate an individual to
be accountable for spill prevention.
Operational personnel should be briefed
regularly to assure that the facility SPCC
plan is adequately understood.
1127 Plan Reparation Quifelinm
-------
NOTES
Section 112.7
Oil Production Facilities - Onshore
•COM
• Drainage:
*• Dikes must be sealed closed except when
being drained.
> Drainage ditches should be checked regularly
for accumulation of oil. ;
• Bulk storage tanks:
* Must be compatible with the oil to be stored.
> Must have secondary containment.
> Undiked areas should flow to a catchment
basin or holding pond.
> Must be visually inspected on a regular
basis.
/
1127 Pbn PaparationQuldtltiw
Section 112.7
Oil Production Facilities: Bulk Storage Tanks -
Onshore
Tanks should be fail-safe engineered,
including:
*• Adequate tank capacities.
> Overflow equalizing lines installed
between tanks.
*• Vacuum protection.
*• Level sensor alarm
1127 Plan Pvpamaon OuUeltaM
Section 112.7
Oil Production Facilities: Facility Transfer
Operations - Onshore
IIOT.M
• Aboveground pipes must be examined
periodically.
• Frequent examination of saltwater disposal
facilities must be conducted.
•• The facility must maintain a program of
flowline maintenance.
11Z7 Plan Papuuon Ouidilinm
-------
Section 112.7
Drilling and Workover Facilities - Onshore
NOTES
Mobile equipment must be positioned so as
to prevent a spill into the water.
Blowout prevention assemblies and well
controls should be used.
11Z7 Plan PBpanannQuid.l™.
Section 112.7
Drilling, Production, or Workover Facilities -
Offshore
• Surface and sub-surface shut-in valves should be
easily identifiable.
• Prior to drilling, a blowout prevention assembly and
well control system should be installed.
• Extra-ordinary well control measures should be in
place in case of emergencies.
• Sub-marine pipelines should be protected from
environmental stress and other activities.
112.7 Plan P»pQ«)onOuid«l»««
PROPOSED RULE
Revision of Section 112.7
• Section 112.7 - SPCC plan general requirements.
• Section 112.8 - SPCCplan requirements for
onshore facilities (excluding production
facilities.
• Section 112.9 • SPCCplan requirement's for
onshore oil production facilities.
• Section 112.10' SPCC plan requirements for
onshore drilling and workover facilities.
• Section 112.11 • SPCC plan requirements for
offshore oil drilling, production, or workover
facilities.
1!2£ Civil P«
-------
NOTES
What to Expect During
an SPCC Inspection
Who is present at an inspection:
• Facility
• - Facility representatlve(s) responsible for
maintaining the SPCC Plan.
• EPA
• - EPA OSC
- EPA SPCC Program Representative, or
- Designated EPA Contractor
When can a facility be inspected:
- Facility's may be inspected because of:
•Spill history
• Complaints
• Official request (State, Local), or
• With out advanced notification
-------
NOTES
What will be done at the inspection:
1. Complete and sign Acknowledgement and
Record of SPCC Inspection/Plan Review.
2 Verify P.E. Certification (signature, reg. #, seal).
3. Verify 3-year Plan review and/or amendment
•re-certification, If applicable.
4. Site tour/evaluation of effectiveness of the
SPCC Plan.
5. Other site-spedflc Information (site maps, list
of tanks and storage capacity, route of entry
to nearest waterway, storm sewers, photo
documentation, etc.).
112.6
Civil Penalties for Violation
of Oil Pollution Prevention
Regulations
EPA's Goal:
I
COMPUANCE
-------
NOTES
Civil Penalties
• Penalties are determined using the following
factors:
- seriousness of violation.
- economic benefit to violator resulting from
violation.
- degree of culpability involved.
- penalties for same incident from other agencies.
- violation history.
- efforts by the violator to minimize effects of
discharge.
- economic impact of the penalty on violator.
- any other matters as justice may require.
ICO14
1126CMIPei
Section 112.6
Civil Penalties
• The November 4, 1992 Interim Rule amends both
Section 11 2.6 and 11 4.1.
»• These sections are now only applicable to
violations occurring prior to 8/1 8/90.
*• Violations occurring after 8/18/90 will be
subject to either a Class I or Class II civil
^^5&> penalty, as outlined in Section 311(b)(6) of
^|P^the OPA amended CWA.
"""" ' < 11ZS Civil Penaue.
Section 112.6
Types of Civil Penalties
1. Class! Penalties:
> Can not exceed $10,000 per violation.
»• Maximum penalty of 325,000.
2. Class II Penalties:
»• Can not exceed $10,000 per day for each
day the violation continues.
* Maximum penalty of $125,000.
3. DOJ referrals:
1116 Civil Parana*
-------
NOTES
Company X
NUMBER OP VIOLATIONS
TYPE
STORAGE CAPACITY
•PILL HISTORY
DISTANCE TO WATERWAY
POTENTIAL THREAT
FACILITY TYPE
LENGTH Of VIOLATION
PROPOSED PENALTY
1 VIOLATION
PAILURETO PREPARE PLAN (112J)
1. OVER 1 MILLION
-------
NOTES
Recap of Penalties for Companys X, Y & Z
PROPOSED
PENALTY
PENALTY
PAID
COMPANY
X
$14,400
312,960
Y
$4,500
$2,000
Z
$17,500
$14,040
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SECTION F
* WHAT TO EXPECT DURING AN
SPCC INSPECTION
* ACKNOWLEDGEMENT AND RECORD
OF SPCC INSPECTION/PLAN REVIEW
-------
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-------
WHAT TO EXPECT DURING AN SPCC INSPECTION
When an SPCC inspector visits your, facility, there are a few tips that can
make the inspection proceed smoothly. The inspector will announce him/herself
and ask for the person responsible for the facility SPCC plan. The inspector
should be directed to a person who can present the inspector with the written
SPCC plan and answer questions about the plan. The inspection will start with
the completion of a form called an Acknowledgement and Record of SPCC
Inspection/Plan Review. Important information for the completion of this form
includes the facility address and phone number, owner or operator address and
phone number if different, a company contact and a brief synopsis of the facility
operations. The facility contact will be asked to sign the acknowledgement form,
and a copy will be given to him/her as a record of the inspection.
The inspection is an evaluation of the effectiveness of your written SPCC
plan and the application of that plan at your facility. The SPCC plan must have
been reviewed and certified by a professional engineer, and the inspector will
want to see the PE's registration number, signature and seal on the plan. The
plan must also contain documentation verifying that the Plan was reviewed every
three years. In addition, the inspector will want to verify if the Plan has been
amended as required and that the amendments were certified by a registered PE.
After reviewing the written plan, the inspector will conduct a site tour and
ask specific questions regarding the implementation of the facility Plan. Other
information that will be helpful include a site map, a list of tanks and their storage
capacity, and the location of the nearest navigable waters, storm sewers etc. Any
questions regarding the inspection can be posed to the OSC in charge of the
inspection.
-------
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-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY - REGION III
841 Chestnut Building
Philadelphia, Pennsylvania 19107
ACKNOWLEDGEMENT AND RECORD OF SPCC/FRP INSPECTION/PLAN REVIEW
SPCC CASE NUMBER: FRP REGIONAL ID#: DATE:
TO: Vincent E. Zenone, OSC/SPCC Coordinator (3HW34)
CC: Linda J. Ziegler, FRP Coordinator (3HW34) (only if FRP applicable)
Inspector's Printed Name/Signature:
Inspection Team Members:
Name/Location of Facility:
Address:
City:
County:
State:
Zip:
.Facility Contact/Title:
Telephone Number:
.Name of Owner/operator:
Address:
City:
State:
Zip:
Telephone Number:
** See pages 12 to 14 for FRP only information
Synopsis of business operations:,
Route of entry and estimated distance to waterway:
Acknowledgement:
I acknowledge that an SPCC/FRP inspection of this facility was conducted on the
,19
day of
•Facility Representative Printed Name/Signature:
NOTE: During this inspection the owner/operator of the facility was asked to provide an extra copy of the SPCC
Plan, which will be submitted with this report to the SPCC Coordinator. An extra copy of the SPCC Plan
was provided to the inspector (Y/N). If no, the owner/operator of the facility has been asked to send a
copy of the SPCC Plan, if available, via certified mail, return receipt requested, within 14 days of the date
of this inspection to the SPCC Coordinator (mail code 3HW34) at the address on this letterhead (Y/N).
[original of this page to SPCC coordinator, copy to facility representative ]
(8/12/94)
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-------
SECTION G
* FACT SHEET: OPA Q's & A's
-------
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-------
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Publication 9360.8-01 FS
December 1991
vvEPA
OPAQ's&A's:
Overview of the Oil Pollution
Act of 1990
Office of Emergency and Remedial Response
Emergency Response Division OS-210
Quick Reference Fact Sheet
Thousands of oil spills occur in the United States each year. Over the three-year period from 1988 through 1990, the
Federal government received 42,000 notifications of oil discharges - an average of 15,000 per year, or about 40 notifications
per day. 'In 1990 alone, there were 24 oil spills that exceeded 100.000 gallons, five of which were greater than 1 million
gallons. In 1989, 38 oil spills exceeded 100,000 gallons, including the devastating Exxon Valdez spill in Alaska's Prince
William Sound. In response to the new public awareness of the damaging effects of major oil spills, Congress unanimously
enacted tougher oil spill legislation and, on August 18, 1990. the President signed into law the Oil Pollution Act of 1990
(OPA or the Act).
On October 18,1991, the President issued Executive Order 12777, delegating the authority for implementing provisions
of the OPA to several Federal agencies and departments, including the U.S. Environmental Protection Agency (EPA) and
the U.S. Coast Guard (USCG). These "OPA Q's & A's" are part of a series of fact sheets that provide up-to-date
information on EPA's implementation of the OPA. This first fact sheet provides an overview of the various provisions of
the OPA and the Agency's responsibilities under the new law. .
General Overview
Q1. What Is the OPA?
A. The OPA (Pub. L 101-380) is a comprehensive
statute designed to expand oil spill prevention, pre-
paredness, and response capabilities of the Federal
government and industry. The Act establishes a new
liability and compensation regime for oil pollution
incidents in the aquatic environment and provides
the resources necessary for the removal of discharged
oil. The OPA consolidates several existing oil spill
response funds into the Oil Spill Liability Trust
Fund, resulting in a Si-billion fund to be used to
respond to, and provide compensation for damages
caused by, discharges of oil.' In addition, the OPA
provides new requirements for contingency planning
both by government and industry and establishes new
construction, manning, and licensing requirements
for tank vessels. The OPA also increases penalties
for regulatory noncompliance, broadens the response
and enforcement authorities of the Federal govern-
ment, and preserves State authority to establish laws
governing oil spill prevention and response.
Q2. How does the OPA affect existing laws and
regulations?
A. The OPA amends section 311 of the Federal Water
Pollution Control Act (the Clean Water Act or
CWA, 33 U.S.C. 1321 et seq), to clarify Federal
response authority, increase penalties for spills,
establish USCG response organizations, require
tank vessel and facility response plans, and provide
for contingency planning in designated areas. Many
of the statutory changes will require corresponding
changes to the National Oil a'nd Hazardous Sub-
stances Pollution Contingency Plan (NCP), codified
at 40 CFR Part 300. In addition, the OPA repeals
the following statutory provisions and merges the
funds established under these laws with the Trust
Fund: (1) CWA section 311(k); (2) Title III of the
Outer Continental Shelf Lands Act Amendments of
1978 (43 U.S.C. §1811 et seq); (3) section 18(0 of
the Deepwater Port Act of 1974 (33 U.S.C. §1502 et
seq); and (4) section 204(c) of the Trans-Alaska
Pipeline Authorization Act (43 U.S.C. §1651 et seq),
except for amounts necessary to pay remaining
claims. The OPA also makes the Trust Fund
available for actions taken in accordance with the
Intervention on the High Seas Act (33 U.S.C. §1486
et seq). The OPA, however, does not preempt
States' rights to impose additional liability or other
-------
requirements with respect to the discharge of oil
within a State or to any removal activities in
connection with such a discharge.
Q3. Which Federal agencies are responsible for
implementing the OP A?
A. On October 18,1991, the President issued Executive
Order 12777, delegating authority to implement the
OPA to various Federal agencies and departments,
including EPA and the USCG (via the U.S.
Department of Transportation or DOT). Forth-
coming memoranda of understanding between EPA
and the USCG will address how the two agencies
will interact in carrying out their respective
responsibilities. In general, EPA is responsible for
oil spill prevention, preparedness, and response
activities associated with non-transportation-related
onshore facilities. The Agency has lead responsi-
bility for implementing many of the OPA provisions
in the inland zone, including revising the NCP,
developing non-transportation-related facility
response plan regulations, reviewing and approving
facility response plans, designating areas, appointing
Area Committee members, and establishing require-
ments for Area Contingency Plans.
In addition, the DOT (including, in some cases, the
USCG) generally is responsible for oil spill planning
and response activities for tank vessels, transpor-
tation-related onshore facilities, and deepwater ports.
The U.S. Department of Interior generally is
responsible for oil spill planning and response
activities for offshore facilities except deepwater
ports. Under the OPA. the National Oceanic and
Atmospheric Administration is developing regula-
tions for natural resource trustees to assess damages
to natural resources caused by oil discharges.
Q4. How are the EPA program offices carrying out
their responsibilities under the OPA?
A. Most OPA provisions delegated to EPA are being
implemented by EPA's Emergency Response
Division (ERD), a part of the Office of Emergency
and Remedial Response within the Office of Solid
Waste and Emergency Response. Within ERD, the
newly created Oil Pollution Response and Abate-
ment Section will play a major role in carrying out
the Agency's responsibilities under the OPA.
Moreover, to coordinate the many efforts required
under the Act, EPA formed the OPA Implementa-
tion Workgroup, chaired by the Director of ERD. A
variety of Headquarters and Regional offices arc
represented on this workgroup; EPA Region 2
currently participates as the lead Regional
representative. Within the overall workgroup, a
number of other workgroups are implementing
specific OPA provisions (see Highlight I).
Highlight I: EPA Workgroups
to Implement the OPA
The Regional Implementation workgroup is
developing recommendations on EPA's expanded
role and responsibilities in preventing and
responding to oil spills.
The Area Contingency' Finns workgroup is
studying issues •associated with designating areas
tor which Area Committees and Area
Contingency Plans are to be established.
The Facility Response Plans workgroup, which
has been incorporated into the existing Spill
Prevention, Control, and Countermeasures
(SPCC) Phase Two Workgroup, is developing
regulations for facility response plans, as well as
interim guidance for reviewing such plans.
The NCP Revisions workgroup is developing the
revisions to the NCP required by the OPA. A
subworkgroup has been established to focus on
revising Subpart J to establish procedures for
using chemical agents to respond to oil spills.
The Enforcement workgroup is reviewing EPA
enforcement responsibilities in light of the new
penalty provisions added by the OPA.
The Liner Study workgroup is preparing a report
to Congress on.whether liners or secondary
containment should be used to prevent discharges
from onshore facilities.
The Research and Development workgroup is
coordinating EPA's program of oil pollution
research and technology development and
demonstration.
Federal and State Roles
OS. What is the Federal government's role when
responding to releases of oil?
A. Under section 311(c) of the CWA, as amended by
section 4201(a) of the OPA, the Federal
government must ensure the effective and
immediate removal of a discharge (or a substantial
threat of a discharge) of oil or hazardous substance:
(1) into or on navigable waters and adjoining
shorelines; (2) into or on the waters of the exclusive
economic zone; or (3) that may affect natural
• resources of the U.S. In carrying out this provision,
the Federal government may: (1) remove or
arrange for the removal of a discharge, subject to
reimbursement from the responsible party; (2) direct
or monitor all Federal, State, and private actions to
remove a discharge; or (3) remove and, if necessary.
-------
destroy a vessel discharging, or threatening to
discharge. If the discharge is of such size or
character as to pose a substantial threat to the public
health or welfare, the Federal government is
required to direct all public and private efforts to
remove the discharge. For all other discharges, the
Federal government has the discretion to take action,
direct, or monitor public or private actions to
remove the discharge. To facilitate and expedite
emergency responses to discharges that pose a
substantial threat to the public health or welfare,
OP A section 4201 amends the CWA to exempt the
Federal government from certain laws governing
contracting procedures and the employment of
personnel. In addition, an amendment to section
311(c) of the CWA provides an exemption from
liability for response costs and damages which result
from actions taken, or not taken, by a person
rendering care, assistance, or advice consistent with
the NCP. This exemption does not apply: (1) to a
responsible party; (2) to a response conducted
pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.); (3) with respect to personal
injury or wrongful death; or (4) if the person is
grossly negligent or engages in willful misconduct.
The intent of the OPA is to enable the Federal
government to direct responses that are both
immediate and effective.
Q6. Many States have laws governing oil spill
prevention and response. Does the OPA
preempt State laws?
A. No; section 1018(a) of the OPA specifically provides
that the Act does not preempt State law. States may
impose additional liability (including unlimited
liability), funding mechanisms, requirements for
removal actions, and fines and penalties for
responsible parties. Section 1019 of the OPA
provides States the authority to enforce, on the
navigable waters of the State, OPA requirements for
evidence of financial responsibility. States are also
given access to Federal funds (up to S250.000 per
incident) for immediate removal, mitigation, or
prevention of a discharge, and may be reimbursed by
the Trust Fund for removal and monitoring costs
incurred during oil spill response and cleanup efforts
that are consistent with the NGP.
Liability and Financial Responsibility I
Q7. What provisions for oil spiil liability does the
OPA establish?
A. Title I of the OPA contains liability provisions
governing oil spills modeled after CERCLA and sec-
tion 311 of the CWA. Specifically, section 1002(a)
of the OPA provides that the responsible party for
a vessel or facility from which oil is discharged, or
which poses a substantial threat of a discharge, is
liable for: (1) certain specified damages resulting
from the discharged oil; and (2) removal costs
incurred in a manner consistent with the NCP.
Highlight 2 identifies the types of "damages" that
responsible parties are potentially liable for under
the OPA. Section 1002(d) also provides that if a
responsible party can establish that the removal
costs and damages resulting from an incident were
caused solely by an act or omission of a third party,
the third party will be held liable for such costs and
damages.- In these cases, however, the responsible
party is still required to pay the removal costs and
damages resulting from the incident, but is entitled
by subrogation to recover all costs and damages
from the third party or the Trust Fund.
Highlight 2: Damages for Which Responsible
Parties Are Potentially Liable
The scope of damages for which oil dischargers may he
liable under section 1002 of the OPA includes:
• Natural resource damages, including the reasonable
costs of assessing these damages;
• Loss of subsistence use of natural resources.
• Real or personal property damages;
• Net loss of tax and other revenues;
• Loss of profits or earning capacity; and
• Net cost of additional public services providcJ
during or after removal actions.
Q8. Does the OPA provide defenses to its oil spill
liability provisions?
A. Yes; section 1002(c) of the OPA provide-* euep-
tions to the statute's liability provision" The
exceptions include: (1) discharges of oil uuih.Ti/ed
by a permit under Federal, State, or lool i.iw >2)
discharges of oil from a public vessel: »r . <> dis-
charges of oil from onshore facilities covered r;v the
liability provisions of the Trans-Alask-i Pipeline
Authorization Act.
In addition, section 1003 of the OPA prtivij.es the
responsible party with defenses to liabiliu impi^cd
:under section 1002 of the Act if the re>i*'nMNe
party establishes that the spill was causeO vilelv by:
(1) an act of God; (2) an act of war; (.>) .m .n.t or
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omission of a third party, or (4) any combination of
these events. To prevail in a third-party defense, the
responsible party must prove that it took due care in
handling the oil and took precautions against any
foreseeable acts of the third party and any
foreseeable consequences of those actions. However,
the defenses contained in section 1003 are not
available to responsible parties that: (1) do not
report an incident of which they are aware; (2) do
not cooperate with response officials during removal
actions; or (3) without sufficient cause, do not
comply with an order issued under section 311 of the
CWA, as amended, or the Intervention on the High
Seas Act.
Q9. Does the OPA establish limits on liability?
A. Yes; the OPA establishes significantly higher limits
of liability for tank vessels, facilities, and deepwater
. ports than existed previously under section 311 of
the CWA. Specifically, section 1004 of the OPA
increases the liability for tank vessels larger than
3,000 gross tons to 51,200 per gross ton or S10
million, whichever is greater. Responsible parties at.
onshore facilities and deepwater ports are liable for
up to S350 million per spill; holders of leases or
permits for offshore facilities, except deepwater
ports, are liable for up to S75 million per spill, plus
removal costs. Section 1004(d)(l) of the OPA.
however, provides the Federal government with the
authority to adjust, by regulation, the S350-million
liability limit established for onshore facilities,
"taking into account size, storage capacity, oil
throughput, proximity to sensitive areas, type of oil
handled, history of discharges, and other factors
relevant to risks posed by the class or category of
facility." The Agency is currently assessing the
desirability of adjusting the liability limit for onshore
non-transportation-related facilities based on these
factors.
In addition, the OPA establishes the following
conditions under which liability would be unlimited:
(1) discharges caused by gross negligence, willful
misconduct, or violation of Federal safety,
construction, or operating regulations; (2) failure to
report a known spill; (3) failure or refusal to
cooperate in a removal action; or (4) failure or
refusal to comply with an order issued under section
311 of the CWA, as amended, or the Intervention on
the High Seas Act. In addition, the owner or
operator of an Outer Continental Shelf facility, or
vessel carrying oil as cargo from such a facility, is
required to pay for all removal costs incurred by the
U.S. Government or any State or local agency in
connection with a discharge, or substantial threat of
a discharge, of oil.
Q10. What penalties are responsible parties
subject to under the OPA?
A. Section 4301(a) of the OPA amends the CWA to
increase the criminal penalties for failure to notify
the appropriate Federal agency of a discharge.
Specifically, the fine is increased from a maximum
of S 10,000 to a maximum of $250,000 for an
individual or 5500,000 for an organization. The
maximum prison term is also increased from one
year to five years.
In addition, section 430l(b) of the OPA amends the
CWA to authorize a civil penalty of 525,000 for
each day of violation or 51,000 per barrel of oil '
discharged. These penalties are higher in cases of
gross negligence or willful misconduct. Failure to
comply with a Federal removal order can result in
civil penalties of up to 525,000 for each day of
violation or three times the resulting costs incurred
by the Trust Fund. Under section OPA 4301 (c),
criminal penalties can range up to 5250,000 and 15
years in prison. EPA and the USCG also have the
authority to administratively assess civil penalties of
up to 5125,000 against violators of the Oil Pollution
Prevention Regulations (40 CFR Part 112) or those
responsible for the discharge of oil or hazardous
substances.
Q11. Are all parties regulated under the OPA
required to provide evidence of financial
responsibility?
A. No; owners and operators of onshore facilities are
not required to maintain financial assurance mech-
anisms. Owners and operators of offshore facilities,
certain vessels, and deepwater ports, however, must
provide evidence of financial responsibility.
. Specifically, section 1016 of the OPA requires that
offshore facilities maintain evidence of financial
responsibility of 5150 million and vessels and
deepwater ports must provide evidence of financial
responsibility up to the maximum applicable liaMlny
limitation amount. Any vessel subject ID (his
requirement that cannot produce evidence of
financial responsibility is not allowed to operate in
U.S. waters. Methods of assuring financial
responsibility under the OPA include evident.c of
insurance, surety bond, guarantee, letter ot credit, or
qualification as a self-insurer. Also. OPA Motion
1016(f) provides that claims for removal U>MN .md
damages may be asserted directly aiMinM ihe
guarantor providing evidence of ~.mcial
responsibility.
Q12. Are there funds available if cleanup costs and
damages cannot be recovered from responsible
parties?
A. Yes; the OPA authorizes the expenditure of funds
from the Oil Spill Liability Trust Fund, established
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under section 9509 of the Internal Revenue Act of
1986 (26 U.S.C 9509), to pay for removal costs
and/or damages resulting from discharges of oil into
U.S. waters or supplement existing sources of
funding. The Trust Fund, which is administered by
the USCG, is based on a five-cent-per-barrel
environmental fee on domestic and imported oil.
The OPA amends section 9509 of the Internal
Revenue Act of 1986 to consolidate funds estab-
lished under other statutes and to increase permitted
levels of expenditures. Specifically, section 9001(a)
of the OPA consolidates the assets and liabilities
remaining with, and the penalties paid pursuant to,
the funds established under: (1) section 311 of the
CWA; (2) section 18(f) of the Deepwater Port Act of
1974; (3) Title III of the Outer Continental Shelf
Lands Act of 1978; and (4) section 204 of the Trans-
Alaska Pipeline Authorization Act (after settlement
of existing claims). The OPA amends the resulting
Trust Fund by expanding permissible expenditures
from S500 million per incident, and a separate S250-
million per incident limit on natural resource claims,
to Si billion per incident and a SSOO-million per
incident spending limit on natural resource damages.
In addition, the OPA increases the Trust Fund
borrowing limit from S500 million to Si billion.
Oil Spill Preparedness and Prevention
Q13. How will implementation of the OPA help oil
spill planning and prevention efforts?
A. Section 4202 of the OPA strengthens planning and
prevention activities by: (1) providing for the
establishment of spill contingency plans for all areas
of the U.S.; (2) mandating the development of
response plans for individual tank vessels and certain
facilities; and (3) providing requirements for spill
removal equipment and periodic inspections. These
efforts are intended to result in more prompt and
effective cleanup or containment of oil spills, thereby
preventing spills from becoming larger and reducing
the amount of damage caused by oil spills.
• i
The development of Area Contingency Plans will
assist the Federal government in planning response
activities. In addition, owners and operators of tank
vessels, offshore facilities, and any onshore facilities
that because of their location could cause substantial
harm to the environment from a discharge, are re-
quired to prepare and submit to the Federal govern-
ment plans for responding to discharges, including a
worst case discharge or a threat of such discharge.
If response plans are not developed and approved as
required by section 311(j)(5) of the CWA, as
amended by the OPA, the tank vessel or facility will
be prohibited from handling.storing, or transporting
oil unless the tank vessel or facility submits a plan
to the Federal government and receives temporary
approval to continue operations (see Question # 16
of this fact sheet). In addition, containment booms.
skimmers, vessels, and other major spill removal
equipment must be inspected periodically: tank
vessels must carry removal equipment that uses the
best technology economically feasible and is
consistent with the safe operation of the vessel.
Moreover, the higher limits on liability and the
broader scope.of damages for which dischargers may
be liable under the OPA should serve as added
incentives for facilities and vessels to prevent spills.
In addition, EPA is taking the lead or participating
in several studies and research and development
efforts that .will aid in spill prevention. Other
requirements of the OPA being implemented by the
USCG -- such as establishing a National Response
Unit and District Response Groups and new
standards for tank vessel construction, crew
licensing, and manning - also will help to prevent
or mitigate spills.
Q14. What are Area Committees and Area Contin-
gency Plans?
A. Area Committees, to be composed of qualified
Federal, State, and local officials, will be created to
develop Area Contingency Plans. At a minimum.
Area Contingency Plans are intended to ensure the
removal of a worst case discharge, and to mitigate
or prevent a substantial threat of such a discharge.
from a vessel or facility in or near the area covered
by the plan. In the case of an onshore facility, a
worst case scenario is defined as the largest
foreseeable discharge . under adverse weather
conditions. Area Contingency Plans will describe
areas of special environmental importance, outline
the responsibilities of government agencies and
facility or vessel operators in the event of a spill.
and detail procedures on the coordination of
response plans and equipment. In accordance with
Executive Order 12777, EPA is responsible for
reviewing and approving Area Contingency Plans for
the inland zone, whereas the USCG has similar
responsibilities for the coastal zone.
Q15. Does the OPA require onshore facilities to
prepare and submit a facility response plan?
A. Yes; section 4202 of the OPA amends section
311(j)(5) of the CWA to require the owner or
operator of a tank vessel, offshore facility, and
certain onshore facilities to prepare and submit to
the Federal government a plan for responding, to
the maximum extent practicable, to a worst case
discharge, or substantial threat of such a discharge.
of oil or hazardous substances. Specifically. OPA
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section 4202(a)(6) revises CWA section 311(j)(5) to
require the owner or operator of an onshore facility
that, because ot its location, could reasonably be
expected to cause "substantial harm" to the
environment as the result of an oil discharge, to
submit a response plan to the Federal government.
The OP A revisions to CWA section 311(j)(5) also
require the Federal government to review and either
approve, or require amendments to, the response
plans of tank vessels, offshore facilities, and those
onshore facilities that could reasonably be expected
to cause significant and substantial harm to the
environment from a discharge. Under Executive
Order 12777, the President has delegated the
authority to review and approve response plans for
non-transportation-related onshore facilities to EPA.
Q16. What deadlines does the OPA place on the
preparation and submission of facility response
plans?
A. Section 4202(b) of the OPA establishes deadlines for
the preparation and approval of facility response
plans. Regulations addressing facility response plans
are required to be promulgated 24 months after the
date of enactment of the OPA (i.e., August 18,
1992). Owners and operators of affected facilities
are required to prepare and submit their plans 30
months after the date of enactment (i.e., February
18, 1993). Section 4202(b) of the OPA also states
that if the owner or operator of a facility required to
submit a plan has not done so by the deadline, that
facility must stop handling, storing, or transporting
oil. Furthermore,'a facility required to prepare and
submit a response plan may not handle, store, or
transport oil unless: (1) the plan has been approved
(when plan approval is required); and (2) the facility
is operating in compliance with the plan. EPA may
authorize a facility which has submitted a plan to
operate without approval for up to two years if the
owner or operator certifies the availability of
personnel and equipment necessary to respond to a
worst case discharge or the substantial threat of such
a discharge.
Q17. What types of information must facility
response plans include?
A. The OPA requires owners or operators of a facility
to submit a response plan that is: (1) consistent
with the NCP and Area Contingency Plans; (2)
updated periodically; and (3) resubmitted for
approval with each significant change. Highlight 3
provides additional information thai must be
included in the facility response plan. In conjunction
with the SPCC Phase II workgroup, the Facility
Response Plans workgroup is making preparations to
meet with trade associations representing the
regulated community to provide information and
seek comments on the possible contents, the level of
Highlight 3: Information That Must be
Included in Facility Response Plans
OPA section 4202(a) requires that each facility response
plan, at a minimum:
• Identify the individual with full authority to
implement removal actions, and requires immediate
communications between that individual, the
appropriate Federal official, and those providing
response personnel and equipment:
• Identify and ensure the availability of private
personnel and equipment necessary to remove to
the maximum extent practicable a worst case
discharge (including a discharge resulting from fire
or explosion), and to' mitigate or prevent a
substantial threat of such a discharge; and
• Describe the training, equipment testing, periodic
unannounced drills, and response actions of persons
on the vessel or at the facility, to be carried out
under the plan to ensure the safety of the vessel or
facility and to mitigate or prevent the discharge, or
the substantial threat of a discharge.
detail, and guidance , that may be useful for
preparing response plans.
Q18. Does the OPA contain provisions that address
tank vessel construction?
A. Yes; a major spill prevention feature of the OPA is
the requirement that tank vessels be equipped With
double hulls. Specifically, under section 4115 of the
OPA, newly constructed tank vessels must be
equipped with double hulls, with the exception of
vessels used only to respond to discharges of oil or
hazardous substances. In addition, newly
constructed tank vessels less than 5,000 gross tons
are exempt from the double-hull requirement if they
are equipped with a double containment system
proven to be as effective as a double hull for the
prevention of a discharge of oil. Existing tankers
without double hulls are to be phased out by size.
age, and design beginning in 1995, and are required
to be escorted by two towing vessels in specially
designated high-risk areas. Most tankers without
double hulls will be banned by 2015.
Q19. What other OPA requirements are designed to
prevent oil spills from tank vessels?
A. The OPA contains additional provisions that are
intended to prevent tank vessel spills from
occurring, including: (1) strict licensing require-
ments; and (2) manning and safety standards.
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To ensure that the USCG can identify vessel per-
sonnel with motor vehicle offenses related to the use
of alcohol and drugs, OPA section 4101 requires
anyone applying for- a license, certificate of registry,.
or merchant mariners' document to provide a copy
of their driving record obtained from the National
Driver Registry. This requirement is intended to
provide background information on potential vessel
personnel with motor vehicle offenses related to the
use of alcohol and drugs. Applicants must also
submit to drug testing. Further, OPA section 4103
provides additional authority for the expeditious
suspension of licenses and documents of merchant
mariners suspected of alcohol or drug abuse. OPA
section 4104 provides authority for the orderly
removal or relief of a vessel master or individual in
charge of the vessel suspected of being under the
influence of alcohol or a dangerous drug. The
inclusion of these provisions reflects the concern that
alcohol or drug impairment are serious threats to
safe vessel operation.
Section 4114 of the OPA also requires that new tank
vessel manning standards be set, both for U.S. and
foreign tank vessels. For U.S. tank vessels, licensed
seamen are not permitted to work more than 15
hours in any 24-hour period, or more than 36 hours
in any 72-hour period. Forthcoming regulations will
designate the conditions under which tank vessels
may operate with the autopilot engaged or the
engine room unattended. Crew members also must
be trained in maintenance of the navigation and
safety features of the tank vessel. For foreign tank
vessels, a USCG review will determine whether tank
vessel safety practices are at least the equivalent of
U.S. requirements. Tank vessels that do not satisfy
this standard will be prohibited from entering U.S.
waters. These new requirements, emanating from
issues raised in the investigation of the£rron Valdez
spill, should lead to better trained and more well-
rested crews on tank vessels.
Other Provisions
Q20. What oil pollution research and development
efforts are mandated by the OPA?
A. Section 7001 of the OPA requires that an
interagency committee be established to coordinate
the establishment of a program for conducting oil
pollution research, technology development, and
demonstration. This program is specifically required
by the statute to provide research, development, and
demonstration in a number of areas, including:
• Innovative oil pollution technologies (e.g.,
development of improved tank vessel design or
improved mechanical, chemical, or biological
systems or processes);
• Oil pollution technology evaluation (e.g.,
controlled field testing and development of
testing protocols and standards);
• Oil pollution effects research (e.g., development
of improved fate and transport models);
• Marine simulation research (e.g., use and
application of geographic and vessel response
simulation models); and
• Simulated environmental testing (e.g., use of the
Oil and Hazardous Materials Simulated
Environmental Test Tank).
Q21. What provisions are included in the OPA to
protect Alaska's Prince William Sound?
A. Title V of the OPA contains several provisions
aimed at preventing future spills in Prince William
Sound. Specifically, the OPA: (1) authorizes the
Prince William Sound Oil Recovery Institute in
Cordova, Alaska; (2) establishes Oil Terminal
Oversight and Monitoring Committees for Prince
William Sound and Cook Inlet; (3) authorizes and
appropriates funds for construction of a navigation
light on Bligh Reef; and (4) requires all tank vessels
in Prince William Sound to be under the direction
and control of a pilot, who cannot be a member of
the crew of the tank vessel, licensed by the Federal
government and the State of Alaska. In addition,
section 8103 of the OPA establishes a Presidential
Task Force on the Trans-Alaska Pipeline System.
The Task Force will conduct a comprehensive audit
of the pipeline system (including the terminal in
Valdez, Alaska) to assess compliance with
applicable laws.
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United States
Environmental Protection
Agency (OS-120)
Washington, DC 20460
Official Business
Penalty for Private Use
$300
First-Class Mail
Postage and Fees Paid
EPA
Permit No. G-35
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FACILITY RESPONSE PLAN (FRP)
COURSE MODULE
SEPA
REGION III
EMERGENCY
RESPONSE
TEAM >
SECTION H
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OPA HOTLINE (202) 260-2342
Untied States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Publication 9360.8-06FS
February 1993
Facility Response Plans
Office of Emergency and Remedial Response
Emergency Response Division 5202G
Quick Reference Fact Sheet
In 1990, Congress passed the Oil Pollution Act (OPA) in part to expand the scope of public and private
. planning and response activities associated with discharges of oil. The OPA amends §311 of the Clean Water Act
(CWA) to augment Federal response authority, increase penalties for unauthorized spills, expand the organizational
structure of the Federal response framework, and provide a greater emphasis on preparedness and response activities.
CWA §311 requires the preparation of plans to respond to a worst-case discharge of oil, and sets forth specific
requirements for development of such plans. These response plan requirements apply to an owner/ operator of any
onshore facility that, because of its location, could reasonably be expected to cause substantial harm to the
environment by a discharge of oil into navigable waters,1 adjoining shorelines, or the exclusive economic zone (i.e.,
"substantial harm facilities'). Section 311 of the CWA requires that owner/operators of such "substantial harm
facilities" must submit their response plans by February 18,1993, or stop handling, storing, or transporting oil. CWA
§311 also provides that a subset of "substantial harm facilities" (i.e., facilities that could reasonably be expected to
cause significant and substantial harm to the environment by discharging oil, or "significant and substantial harm
facilities") must have their plans approved by the Federal government
The President has delegated the authority to regulate non-transportation-related onshore facilities to the
Administrator of EPA EPA is implementing the CWA §311 response plan requirements in a proposed revision to
the Oil Pollution Prevention regulation (40 CFR Pan 112). The purpose of this fact sheet is to provide general
information on how EPA intends to implement the CWA §311 requirements. Specifically, the fact sheet addresses
who must prepare plans, which plans must be approved, and what a facility response plan should contain.
WHO MUST PREPARE PLANS?
("SUBSTANTIAL HARM FACILITIES")
Under CWA §311, only certain facilities are
required to prepare and submit response plans, i.e.,
those facilities that could cause substantial harm to
the environment EPA has proposed two ways in
which a facility may be identified as posing substantial
harm: (1) through a self-selection process; or (2) by
determination of the Regional Administrator (RA).
For the self-selection process, §112.20(f)(i) of
the proposed rule lists specific criteria to help
owner/operators evaluate whether their facilities pose
substantial harm (see Highlight 1). The proposed rule
also provides more detailed information to help
owner/operators interpret these criteria to determine
whether their facility should be regarded as a
"substantial harm facility." For example, Appendix C
of the proposed rule provides formulas to help
evaluate whether a facility is located at a distance that
could cause injury to an environmentally sensitive area
or shut down operations at a public drinking-water
intake. (NOTE: Facility owner/operators may also
use an alternative formula provided that they
document such use, as appropriate.) Appendix D of
the proposed rule provides information on
environmentally sensitive areas.
i
Navigable waters are defined in CWA §502(7) and at 40 CFR 110.1 at waten of the United Slates, including the territorial
seas. This definition includes, among other things, lakes, riven, streams (including intermittent streams), mudflats, and wetlands.
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Highlight 1
SELF-SELECTION CRITERIA
Under Use proposed rule, a facility would fall
under the "substantial barm" category if it meets at
least one of the following criteria:
• The facility has a total storage capacity greater
than or equal to 42,000 gallons and performs over-
water oil transfers to or from vessels; OR
• The facility has a total storage capacity greater
than or equal to one million gallons, and meets any
one of the following conditions:
- Does not have adequate secondary containment
for each aboveground storage area;
- Is located such that a discharge could cause
"injury" to an environmentally sensitive area;
- Is located such that a discharge would shut
down a public drinking-water intake; or
- Has had, in the past 5 years, a reportable spill
greater than or equal to 10,000 gallons.
The owner/operator of any facility currently
regulated by the existing Oil Pollution Prevention
regulation may consult the proposed rule for details
on the self-selection screening process. If the self-
selection process does indicate that a facility poses a
threat of 'substantial harm" to the environment, the
owner/operator would be required prepare and submit
a facility response plan to the appropriate EPA RA.
CWA §311 requires that owner/operators of
"substantial harm facilities" must submit their response
plans by February 18,1993, or stop handling, storing,
or transporting oil.
Under the proposal, the RA also would have
the authority to determine that a facility may cause
substantial harm, regardless of the results of the self-
selection screening process. Assetforthin§11120(b)
of the proposed rule, the RA's determination would
be based on factors similar to the criteria used in the
self-selection screening process, as well as other site-
specific characteristics and environmental factors.
' IN ADDITION TO THE SELF-SELECTION
PROCESS, THE RA MAY DETERMINE
THAT A FACILITY POSES
SUBSTANTIAL HARM.
Under the proposal, if an owner/operator
determines that the facility does not have the potential
to cause substantial harm, the owner/operator would
have to complete the certification form contained in
Appendix C of the proposed response plan
rulemaking. This form would be maintained at the
facility. In addition, if the self-selection process is
completed using an alternative formula, the
owner/operator would be required to notify the RA in
writing and provide information on the reliability and
analytical soundness of the alternative formula.
WHICH PLANS MUST BE APPROVED?
("SIGNIFICANT AND SUBSTANTIAL
HARM FACILITIES")
In addition to the requirement to prepare
response plans, CWA §311 establishes further
requirements for a subset of facilities that could cause
significant and substantial harm. CWA §311 requires
that EPA must review and approve the response plans
submitted for these faculties.
Under §11120(0(3) of the proposed rule, the
RA would identify these "significant and substantial
harm facilities" using a series of risk-based screening
considerations. These considerations include factors
similar to the criteria to determine substantial harm,
as well as the age of the tanks, proximity to navigable
waters, and spill frequency. Facilities would be
notified in writing of their status as posing significant
and substantial harm.
Under CWA §311, if EPA does not review and
approve a "significant and substantial harm facility*
plan by August 18, 1993, the facility must stop
handling, storing, or transporting oil. However, the
number of plans needing review may prevent RAs
from approving all response plans by the statutory
deadline. CWA §311 allows a "significant and
substantial barm facility" owner/operator to seek
Federal authorization to operate for up to two years
after the plan has been submitted where the owner/
operator certifies that he or she has ensured by
contract or other approved means the availability of
private personnel and equipment necessary to respond
to a worst-case discharge.
i
Under §112.20(b) of the proposed rule,
owner/operators who seek such authorization may
submit to the RA a certification statement and proof
that a written contractual agreement or other
approved means is in place. Examples of "other
approved means" may include:
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Certification that the owner/operator has
access to the necessary personnel and
equipment;
Active membership in spill organization that
ensures adequate access to the necessary
personnel and equipment; or
Other specific arrangements approved by the
RA upon the request of the owner/operator.
WHAT SHOULD A FACILITY
RESPONSE PLAN CONTAIN?
As discussed above, CWA §311 requires that
the response plan must address certain critical items.
CWA §311 requires that the response plan:
• Be consistent with the National Contingency
Plan and Area Contingency Plans;
• Identity a qualified individual having full
authority to implement removal actions, and
require immediate communication between
that person and appropriate Federal
authorities and responders;
• Identify and ensure availability of resources to
remove, to the maximum extent practicable, a
worst-case discharge;
• Describe training, testing, unannounced drills,
and response actions of persons at the facility,
• Be updated periodically; and
• Be resubmitted for approval of each
significant change.
To assist owners or operators in preparing
response plans. Appendix O of the proposed rule
includes a model facility response plan that addresses
CWA §311 provisions in a comprehensive and well-
organized manner. Highlight 2 outlines elements of
the model plan.
Under the proposal, the organization of the
model plan and the information contained in it would
be representative of the format and level of detail
needed to address the required response plan elements
in an acceptable manner. However, EPA recognizes
that there may be many facilities with existing
response plans. Therefore, owner/operators generally
Highlight 2
RESPONSE PLAN ELEMENTS
Under the proposed rule, elements of an effective
response plan would include the following:
- Emergency Response Action Plan*
- Facility name, type, location, owner, operator
information
- Emergency notification, equipment, personnel, and
evacuation information
- Identification and evaluation of potential spill
hazards and previous spills
- Identification of small, medium, and worst-case
discharge scenarios and response actions
- Description of discharge detection procedures and
equipment
- Detailed implementation plan for containment and
- Facility and response resource self-inspection,
training, and meeting logs
- Diagrams of facility and surrounding layout,
topography, and evacuation paths
- Security (fences, lighting, alarms, guards,
emergency cut-off valves and locks, etc.)
' A response plan would serve as both a planning and
action document, and the action portion should be
mnintainrH as an easily-accessible, stand-alone section
of the overall plan.
would not need to prepare a separate plan to comply
with CWA §311 if they have already prepared a plan,
provided that the original plan: (1) satisfies the
appropriate requirements and is equally stringent; (2)
includes all the elements described in the model plan;
(3) is cross-referenced appropriately, and (4) contains
an Action Plan for use during a discharge.
Although Spill Prevention, Control, and
Countenneasure (SPCQ plans (i.e., prevention plans)
and response plans are different, and should be
maintained as separate documents, some sections of
the plans may be the same. The proposed rule would
allow the owner/operator to reproduce and use those
sections of the SPCC Plan in the response plan.
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SPILL PREVENTION (SPCC) PLANS
AND FACILITY RESPONSE PLANS
ARE DIFFERENT
The CWA §311 requirements to develop a
response plan will affect many facilities that are
already subject to the Oil Pollution Prevention
regulation. This regulation, which has been in effect
since 1973, applies to facilities that meet the
characteristics set forth at 40 CFR §1111 (see
Highlight 3).
The owner/operator of any facility subject to the
Oil Pollution Prevention regulation is required to
prepare and implement an SPCC Plan. SPCC Plans
focus on procedures to prevent and control oil spills.
In contrast, the facility response plans required by
CWA §311 are intended to focus on reactive
measures, such as how facility personnel are to
respond to a discharge. The response plan should be
maintained as a separate document from the SPCC
Plan and be easily accessible during an emergency.
Under CWA §311, certain facilities are required to
submit only the response plan to EPA.
Highlight 3
FACILITIES SUBJECT TO THE OIL
POLLUTION PREVENTION REGULATION
The Oil Pollution Prevention regulation applies to
facilities with the following characteristics:
• Facility Type: Non-transportation-related on-
shore facilities.
• Oil Product Storage: The total aboveground
storage capacity at the facility is greater than.
1320 gallons (or greater than 660 gallons in a
single container), or the total underground
storage capacity is greater than 42,000 gallons.
• Location: Facilities that, because of their
location, could reasonably be expected to
discharge oil into the navigable waters of the
U.S. or adjoining shorelines.
FOR MORE INFORMATION
For more information, please call the SPCC Information Line at (202) 260-2342, or the specific EPA Regional
office. The mailing addresses for the offices and a map showing the geographic boundaries of the Regions are
contained in the proposed regulation.
EPA Region 1
(617) 860-4361
EPA Region 5
(312) 886-6236
EPA Region 9
(415) 744-1500
EPA Region 2
(908)321-6656
EPA Region 6
(214) 655-2270
EPA Region 10
(206) 553-1090
EPA Region 3
(215)597-5998/1357
EPA Region 7
(913)551-5000
EPA Region 4
(404) 347-3931
EPA Region 8
(303) 293-1788
This document is not intended and cannot be relied upon to
create rights, substantive or procedural, enforceable by any pony
in litigation with the United States.
United Statea
Environmental Protection
Agency (OS-120)
Washington, DC 204*0
Official BualiMa*
$300
Postage and Fo«a
EPA
ParmMNo. O-M
EPA Region 3
Oil & Title III Section
Mail Code: 3HW34
841 Chestnut Street
Philadelphia. PA 19107
REGION III FACILITY RESPONSE PLAN COORDINATOR: Linda Ziegler
NOTE: REGION III FACILITY RESPONSE PLAN INFORMATION LINE (215) 597-9562
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SECTION I
* FRP DEFINITIONS
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IMPORTANT FRP DEFINITIONS
Complex - a facility possessing a combination of transportation-related and non-
transportation-related components that is subject to the jurisdiction of more than one Federal
agency under section 3110) °ftne CWA.
Contract or other approved means
(1) A written contractual agreement with a response contractor that identifies and
ensures the availability of the necessary personnel or equipment within
appropriate response times;
(2) A written certification by the owner or operator that the necessary personnel and
equipment resources, owned or operated by the facility owner or operator, are
available to respond to a discharge within appropriate response times;
(3) Active membership in a local or regional oil spill removal organization that has
identified and ensures adequate access through such membership to necessary
personnel and equipment to respond to a discharge within appropriate response
times in the specified geographic areas; or
(4) Other specified arrangements approved by the Regional Administrator upon
request of the owneror operator.
Maximum extent practicable - the limitations used to determine oil spill planning resources
and response times for on-water recovery and shoreline protection and cleanup for worst case
discharges from onshore non-transportation-related facilities in adverse weather. The
appropriate limitations for such planning are available technology and the practical and
technical limits on an individual facility owner or operator.
Permanently manifolded tanks - tanks that are designed, installed, and/or operated in, such
a manner that the multiple tanks function as one storage unit.
Worst case discharge
(A) For an onshore non-transportation-related facility:
(1) Single-tank facilities, the greater of:
(a) the volume of the single tank (plus 10% if adjacent to navigable
waters); or
. (b) the combined capacity of a group of aboveground storage tanks
permanently manifolded together (plus 10% if adjacent to navigable
waters).
(2) ^Multiple-tank facilities, the greater of:
(a) the capacity of the largest tank within a common secondary containment
area or the largest tank within a single secondary containment area,
whichever is greater. Plus the total aboveground capacity of tanks
without adequate secondary containment; or
-------
(b) for permanently manifolded tanks that function as one storage unit; the
combined storage capacity of all manifolded tanks or the capacity of the
largest single tank within a secondary containment area, whichever is
greater. Plus the total aboveground capacity of tanks without adequate
secondary containment. (Permanently manifolded tanks that are
separated by internal divisions for each tank are considered to be single
tanks and individual manifolded tank volumes are not combined).
(3) Onshore production facilities, the greater of:
(a) the capacity of the largest tank within a common secondary containment
area or the largest tank within a single secondary containment area,
whichever is greater. Plus the total aboveground capacity of tanks
without adequate secondary containment and the production volume of
the well with the highest output (forecasted output for exploratory wells
producing under pressure); or
.(b) for permanently manifolded tanks that function as one storage unit; the .
combined storage capacity of all manifolded tanks or the capacity of the
largest single tank within a secondary containment area, whichever is
greater. Plus the total aboveground capacity of tanks without adequate
secondary containment and the production volume of the well with the
highest output (forecasted output for exploratory wells producing under
pressure); (Permanently manifolded tanks that are separated by internal
divisions for each tank are considered to be single tanks and individual
manifolded tank volumes are not combined).
Adverse weather conditions - the weather conditions that make it difficult for response
equipment and personnel to cleanup or remove spilled oil, such as ice, extreme temperatures
and weather-related reduced visibility
Vessel - applies to any type of watercraft (e.g., barges), other than a public vessel, which
can be used as means of transportation oh water.
Injury - is defined as having a measurable adverse change, either long or short term, in the
physical or chemical quality or the viability of a natural resource. The change can result
from direct or indirect exposure to a discharge of oil.
Source: 40 CFR Part 112.20 (2-17-93)
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SECTION J
FINAL RULE MAKING for 40 C.F.R. PART 9
AND 112 dated JULY 1, 1994
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Friday
July 1, 1994
Part
Environmental
Protection Agency
40 CFR Parts 9 and 112
Oil Pollution Prevention; Non-
Transportation-Related Onshore Facilities;
Final Rule
* L I J
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34070 Federal Register / Vol. 59, No. 126 / Friday, July l, 1994 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 112
[SW H-f RL 5002-6]
RIN 2050-AD30
Oil Pollution Prevention; Non-
Transportation-Related Onshore
Facilities
AGENCY: U.S. Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This rule amends the Oil
Pollution Prevention regulation,
promulgated under the Clean Water Act
for transportation-related onshore and
offshore facilities. The revision
incorporates new requirements added
by the Oil Pollution Act of 1990 that
direct certain facility owners and
operators to prepare plans for
responding to a worst case discharge of
oil and to a substantial threat of such a
discharge. Requirements to plan for a
small and medium discharge of oil, as
appropriate, are also added by this
revision.
EFFECTIVE DATE: August 30, 1994.
ADDRESSES: The official record for this
rulemaking is located in the Superfund
Docket, Room M2615 at the U.S.
Environmental Protection Agency, 401
M Street SW., Washington, DC 20460
(Docket Number SPCC-2P). The docket
is available for inspection between 9
a.m. and 4 p.m., Monday through
Friday, excluding Federal holidays.
Appointments to review the docket can
be made by calling 202-260-3046. The
public may copy a maximum of 266
pages from any regulatory docket at no
c jst. If the number of pages copied
exceeds 266, however, a charge of 15
cents will be incurred for each
additional page, plus a S25.00
administrative fee.
FOR FURTHER INFORMATION CONTACT:
Bobbie Ldvely-Diebold, Oil Pollution
Response and Abatement Branch,
Emergency Response Division (5202G),
U.S. Environmental Protection Agency,
401 M Street, SW., Washington, DC
20460 at 703-356-8774; the ERNS/
SPCC Information line at 202-260-2342;
or the RCRA/Superfund Hotline at 800-
424-9346 (in the Washington, DC
metropolitan area, 703-412-9810). The
Telecommunications Device for the Deaf
(TDD) Hotline number is 800-553-7672
(in the Washington, DC metropolitan
area, 703-412-3323).
SUPPLEMENTARY INFORMATION: The
contents of this preamble are listed in
the following outline:
I. Introduction
A. Statutory Authority
B. The Oil Pollution Act of 1990
C. Background of the Rulemaking
II. Summary of Revisions to the Oil Pollution
Prevention Regulation
A. Summary of Approach to Implementing
Facility Response Plan Requirements
B. Response to Major Issues Raised by
Commenters
C. Section-by-Section Analysis
III. Regulatory Analyses
A. Executive Order 12866
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
D. Display of OMB Control Numbers
I. Introduction
A. Statutory Authority
Section 4202(a)(6) of the Oil Pollution
Act of 1990 (OPA), Public Law 101-380,
amends section 311(j) of the Federal
Water Pollution Control Act, also
known as the Clean Water Act (CWA),
and under CWA section 311(j)(5) (See
33 U.S.C. 1321(j)(5)) directs the
President to issue regulations that
require owners or operators of tank
vessels; offshore facilities, and certain
onshore facilities to prepare and submit
to the President plans for, among other
things, responding, to the maximum
extent practicable, to a worst case
discharge of oil and to a substantial
threat of such a discharge.
Section 311(j)(l)(C) of the CWA
authorizes the President to issue
regulations establishing procedures,
methods, equipment, and other
requirements to prevent discharges of
oil from vessels and facilities and to
contain such discharges. (See 33 U.S.C.
1321(j)(l)(Q.) The President has
delegated the authority to regulate non-
transportation-related onshore facilities
under sections 311(j)(l)(C) and 311(j)(5)
of the CWA to the U.S. Environmental
Protection Agency (EPA or the Agency).
(See Executive Order (E.O.) 12777,
section 2(b)(l), 56 FR 54757 (October
22.1991), superseding E.O. 11735,38
FR 21243.) By this same E.O., the
President has delegated similar
authority over transportation-related
onshore facilities, deepwater ports, and
vessels to the U.S. Department of
Transportation (DOT), and authority
over other offshore facilities, including
associated pipelines, to the U.S.
Department of the Interior (DOI). A
Memorandum of Understanding (MOU)
among EPA, DOI, and DOT effective
February 3,1994, has redelegated the
responsibility to regulate certain
offshore facilities located in and along
the Great Lakes, rivers, coastal wetlands,
and the Gulf Coast barrier islands from
DOI to EPA. (See E.0.12777 § 2(i)
regarding authority to redelegate.) The
MOU is included as Appendix B to 40
CFR part 112. An MOU between the
Secretary of Transportation' and the EPA
Administrator, dated November 24,
1971 (36 FR 24080, December 18,1971),
establishes the definitions of non-
transportation-related facilities and
transportation-related facilities. The
definitions from the MOU are currently
included in Appendix A to 40 CFR part
112.
B. The OH Pollution Act of 1990
The OPA (Public Law 101-380,104
Stat. 484) was enacted to expand
prevention and preparedness activities,
improve response capabilities, ensure
that shippers and oil companies pay the
costs of spills that do occur, provide an
additional economic incentive to
prevent spills through increased
penalties and enhanced enforcement,
establish an expanded research and
development program, and establish a
new Oil Spill Liability Trust Fund,
administered by the U.S. Coast Guard
(USCG). As provided in sections
2002(b), 2003, and 2004 of the OPA, the
. new Fund replaces the fund originally
established under section 311(k) of the
CWA and other oil pollution funds.
Section 4202(a) of the OPA amends
CWA section 311(j) to require
regulations for owners or operators of
facilities to prepare and submit "a plan
for responding, to the maximum extent
practicable, to a worst case discharge,
and to a substantial threat of such a
discharge, of oil or a hazardous
substance." This requirement applies to
all offshore facilities and any onshore
facility that, "because of its location,
could reasonably be expected to cause
substantial harm to the environment by
discharging into or on the navigable
waters, adjoining shorelines, or the
exclusive economic zone" ("substantial
harm facilities"). As stated in the
February 17,1993 proposed rule (58 FR
8824), this rulemaking addresses only
plans for responding to discharges of
oil.
Under CWA and the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA), the United States has
developed a National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP) (40 CFR part 300) and has
established Area Committees to develop
Area Contingency Plans (ACPs) as
elements of a comprehensive oil and
hazardous substance spill response '
system. As amended by the OPA, CWA
section 311(j)(5)(C) sets forth certain
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations 34071
minimum requirements for facility
response plans. The plans must:
• Be consistent with the requirements
oftheNCPandACPs;
• Identify the qualified individual
having full authority to implement
removal actions, and require immediate
communications between that
individual and the appropriate Federal
official and the persons providing
removal personnel and equipment;
• Identify and ensure by contract or
other approved means the availability of
private personnel and equipment
necessary to remove, to the maximum
extent practicable, a worst case
discharge (including a discharge
resulting from fire or explosion), and to
mitigate or prevent a substantial threat
of such a discharge;
• Describe the training, equipment
testing, periodic unannounced drills,
and response actions of persons at the
facility, to be carried out under the plan
to ensure the safety of the facility and
to mitigate or prevent a discharge or the
substantial threat of a discharge; and
• Be updated periodically.
Under section 311(j)(5)(D), additional
review and approval provisions apply to
response plans prepared for offshore
facilities and for onshore facilities that,
because of their location, "could
reasonably be expected to cause
significant and substantial harm to the
environment by discharging into or on
the navigable waters or adjoining
shorelines .or the exclusive economic
zone" (emphasis added) ("significant
and substantial harm facilities"). Under
authority delegated in E.0.12777, EPA
is responsible for the following
activities for each of these response
plans at non-transportation-related
onshore facilities:
• Promptly reviewing, the response
plan;
• Requiring amendments to any plan
that does not meet the section 311(j)(5)
requirements;
• Approving any plan that meets
these requirements; and
• Reviewing each plan periodically
thereafter. .
The CWA and the OPA require that
owners or operators of "substantial
harm facilities" submit their response
plans to EPA (as delegated by the
President in E.0.12777) by February 18,
1993, or stop handling, storing, or
transporting oil. In addition, under
CWA section 311(j)(5) and OPA section
4202(b)(4), a facility required to prepare
and submit a response plan under the
OPA may not handle, store, or transport
oil after August 18,1993 unless: (1) in
the case of a facility for which a plan is
reviewed by EPA, the plan has been
approved by EPA; and (2) the facility is
operating in compliance with the plan.
The statute provides that a "significant
and substantial harm facility" may be
allowed to operate without an approved
response plan for up to two years after
the facility submits a plan for review (no
later than February 18,1995), if the
owner or operator certifies that he or she
has ensured by contract or other
approved means the availability of
private personnel and equipment
necessary to respond, to the maximum
extent practicable, to a worst case
discharge of oil, or a substantial threat
of such a discharge. Owners or operators
of "substantial harm facilities" are not
required to have their plans approved
by EPA, but, are required to operate in
compliance with their plans after
August 18,1993.
Under the OPA, facility owners or
operators who fail to comply with
section 311(j) requirements are subject
to new administrative penalties and
more stringent judicial penalties than
those imposed previously under the
CWA. Section 4301(b) of the OPA
amends CWA section 311(b) to
authorize a civil judicial penalty of
$25,000 per day of violation for failure
to comply with regulations under CWA
section 311(j). In addition to these civil
penalties, OPA section 4301 (b) amends
CWA section 311(b) to authorize
administrative penalties for failure to
comply with section 311(j) regulations
of up to $10,000 per violation, not to
exceed $25,000 for Class I penalties, and
up to $10,000 per day per violation, not
to exceed $125,000 for Class II penalties.
The differences between "Class I" and
"Class II" administrative penalties are
the amounts of the potential penalties
and the hearing procedures used (for
instance. Class II procedures will
generally ensure the owner or operator
a more extensive opportunity to be
heard through the proceedings). These .
revised penalty provisions are
applicable to violations occurring after
the August 18,1990, enactment of the
OPA. Violations occurring before
enactment of the OPA remain subject to
penalty provisions originally set forth in
CWA section 311.
C. Background of the Rulemaking
Jurisdictional Issues
Although the issue was not raised
specifically in the proposed rule, the
question of clarifying jurisdiction is a
pervasive issue in this rulemaking,
because there are a number of regulatory
agencies with OPA authority over the
same or similar entities.
By E.0.12777, the President
delegated certain OPA authorities to
EPA, DOI, and DOT. By terms of the
E.O., EPA must develop response plan
regulations for onshore non-
transportation-related facilities, while
the Minerals Management Service
(MMS) in DOI is granted similar
authority for offshore non-
transportation-related facilities. The
USCG must develop requirements for
vessels and offshore transportation-
related facilities, and the Research and
Special Programs Administration
(RSPA) has responsibility for onshore
pipelines and rolling stock. (The USCG
and RSPA are agencies in DOT.)
As it applies to the CWA, the term
"offshore facility" means any facility 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. (See CWA
section 311(a)(ii].) The combined effect
of this definition and the delegations
under E.0.12777 gives DOI (MMS)
responsibility for non-transportation-
related fixed offshore facilities in inland
lakes and rivers. (See E.O. § 2(b)(3).)
However, EPA, DOI-MMS, and DOT
have agreed that EPA. responsibility
should extend to these non-
transportation-related fixed offshore
facilities in inland lakes and rivers,
because EPA has the expertise to
provide oversight of facility functions)
and because the maintenance of
continuity in oversight will facilitate
compliance .for the regulated
community. Under § 2(i) of E.O. 12777,
the President authorized EPA, DOI, and
DOT to redelegate any of their
responsibilities under the OPA to the
head of any Executive department or
agency with the consent of the agency
head. The Secretaries of DOI and DOT,
and the Administrator of EPA signed an
MOU on February 3,1994, that gives to
EPA jurisdiction all non-transportation-
related fixed facilities located landward
of the "coast line." For purposes of the
MOU. the term "coast line" is denned
as in the Submerged Land Act (43
U.S.C. 1301(c)) to mean "the line of
ordinary low water along that portion of
the coast that is in direct contact with
the open sea and the line marking the
seaward limit of inland waters." MMS
has prepared detailed charts that reflect
the position of the "coast line" and can
be contacted for additional information
on the status of a particular facility.
EPA does not address response plan
requirements for non-transportation-
related fixed offshore facilities in this
final rule, but will do so under a
separate rulemaking. However, because
EPA now has Jurisdictional
responsibility over such facilities,
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34072 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
response plans for these facilities must
be submitted to EPA rather than to
MMS. Until EPA promulgates a rule for
non-transportation-related fixed
offshore facilities formerly under MMS
authority, the Agency will review
response plans for these facilities under
the OPA statutory criteria. Until such a
rule is promulgated, these facilities
should look to this final rule as
guidance.
Coordination with Other Federal
Programs
Federal and State Government
Coordination Efforts. EPA and other
Federal agencies with jurisdiction under
the OPA and E.0.12777 (including the
USCG, the Office of Pipeline Safety in
RSPA, and MMS) met during the
development of this rule to create an
implementation strategy that minimizes
duplication wherever practicable and
recognizes State oil pollution
prevention and response programs. The
Agency also participated in a workgroup
with representatives from the National
Oceanic and Atmospheric
Administration (NOAA), the Fish and
Wildlife Service, the National Park
Service, and other Federal agencies.
These meetings and workgroup sessions
were held to develop a consistent
approach among Federal agencies and
between Federal and State governments
for oil response planning, and to
develop guidelines and evaluation
criteria for drills/exercises and training
conducted to meet the OPA
requirements and for identification of
"environmentally sensitive areas" (now
"fish and wildlife and sensitive
environments").1 These meetings were
held at various times from January 1993
to January 1994.
One of the critical outgrowths of these
efforts was the development of a
consistent approach to regulate
"complexes." (A complex is a facility
with a combination of transportation-
related and non-transportation-related
components, e.g., a marine transfer
facility with abovegrpund storage tanks.)
A complex is subject to the jurisdiction
of more than one Federal agency under
the President's delegation implementing
section 311(j) of the CVVA. Among the ,
ways EPA has reduced the complexity
of planning requirements for these
facilities is to better align EPA's
'The term "environmentally sensitive areas" has
been changed to the term "fish and wildlife and
sensitive environments" throughout this preamble
and the final rule to be consistent with the ,
terminology used in proposed revisions to the NCP
(See SB FR 54702) that implement OPA
requirements. The terms have the same meaning
and the change is not meant to imply an expansion
in the types of areas identified for protection under
the OPA.
Appendix E (Appendix F in the
proposed rule renamed in this final rule
as "Determination and Evaluation of
Required Response Resources for
Facility Response Plans") with USCG
response resource rules developed for
marine transfer facilities (February 5,
1993, 58 FR 7330). (A complete
discussion of Appendix E appears later
in this preamble.) For non-
transportation-related facilities that
handle or store non-petroleum oils, EPA
also has adopted an approach similar to
the USCG's regulatory approach for
response equipment strategies (58 FR
7362).
The coordination efforts resulted in
several key decisions which are
described below and discussed in
greater depth later in this preamble. A
common theme of discussion among
agency representatives was the need to
facilitate the regulated community's
efforts to implement multiple sets of
response planning requirements. EPA
emphasizes that it will accept a
response plan prepared to meet State or
other Federal requirements as long as
the plan meets the requirements of this
final rule and is appropriately cross-
referenced. In response to the need to
provide owners or operators with
additional direction on conducting
drills/exercises to meet the OPA
requirements, the National Preparedness
for Response Exercise Program (PREP)
was developed through a joint effort of
the Federal agencies implementing OPA
response plan regulations with
involvement from other Federal
representatives (e.g., natural resource
trustees), State agencies, members of the
regulated community, and oil spill
response organizations. These efforts
resulted in the creation of guidelines to
assist owners or operators in following
the PREP. EPA references, as guidance,
PREP guidelines at § 112.21 of today's
final rule. The PREP draft guidelines are
available from Petty Officer Daniel Caras
at (202) 267-6570 or fax 267-4085/4065.
(See Appendix E to this part, section 10,
for availability). The USCG has
developed similar guidance for training,
and EPA references these training
guidelines at § 112.21 of today's final
rule, indicating that following these
guidelines (or demonstrating a
comparable program) is an acceptable
means to satisfy the OPA requirement to
describe training.
Another interagency effort that
resulted in a coordinated approach to
develop response plan requirements
involved the identification of fish and
wildlife and sensitive environments.
The Federal agencies implementing
OPA regulations contributed to the
development of a guidance document
prepared by the natural resource
trustees to assist owners or operators in
identifying fish and wildlife and
sensitive environments for the
evaluation of the substantial harm
criteria and for the development of a
response plan, if required. Although
EPA has removed the proposed
Appendix D that covered this subject,
facility owners and operators still must
consider fish and wildlife and sensitive
environments. EPA refers facility
owners or operators to Appendices I, II,
and III of the "Guidance for Facility and
Vessel Response Plans: Fish and
Wildlife and Sensitive Environments"
published by NOAA within the
Department of Commerce (DOC) in the
Federal Register at 59 FR 14714, March
29,1994. This document will provide
guidance on fish and wildlife and
sensitive environments until
geographic-specific annexes of ACPs are
fully developed. (See the discussion of
ACPs later in this preamble.) Owners or
operators are encouraged to contact the
appropriate Area Committee, EPA
Regional office (inland areas), USCG
Captain of the Port (coastal areas), or
natural resource agencies listed in the
DOC/NOAA Guidance for information
on fish and wildlife and sensitive
environments as it becomes available.
A final critical area where Federal
agencies implementing the OPA reached
agreement was the review of response '
plans. For response purposes, the NCP
divides the United States into inland
and coastal zones, with EPA responsible
for providing On-Scene Coordinators ,
(OSCs) for the inland zone, and the
USCG responsible for providing OSCs
for the coastal zone. EPA will provide
an opportunity for designated USCG
OSCs to review and comment on
response plans for non-transportation-
related onshore facilities subject to 40
CFR part 112, and geographically
located in the coastal zone. For facilities
subject to 40 CFR part 112. EPA will
maintain the responsibility for final
approval of the response plan; however,
the Regional Administrator (RA) will
consider any USCG OSC objection to a
response plan and attempt to resolve
any issues through interagency
discussions.
The NCP and ACPs. Section
311(j)(5)(C) of the CWA requires that
facility response plans be consistent
with the requirements of the NCP and
ACPs. The NCP provides the general
organizational structure and procedures
for addressing discharges of oil and
hazardous substances under the CWA,
as well as releases of hazardous
substances, pollutants, and
contaminants under CERCLA. Among
other things, the NCP specifies
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
34073
responsibilities among Federal, State,
and local governments; describes
resources available for response;
summarizes State and local emergency
planning requirements under the
Emergency Planning and Community
Right-to-Know Act (EPCRA or SARA
Title III); and establishes procedures for
undertaking removal actions under the
CWA. Until a revised NCP is published,
as mandated under OPA section
4201(c), facility response plans should
be consistent with the current NCP and,
if necessary, revised to be consistent
with the pending NCP revisions when
they are promulgated. (Revisions to the
NCP were proposed on October 22,
1993, at 58 FR 54702.)
ACPs are mandated under CWA
section 311(j)(4) and prepared by Area
Committees comprised of members
appointed by the President from
qualified personnel of Federal, State,
and local agencies. When implemented
in conjunction with other elements of
the NCP, ACPs must be adequate to
remove a worst case discharge from a
facility operating in or near the area
covered by the plan. ACPs cover
discharges affecting all U.S. waters and
adjoining shorelines. EPA and the USCG
are responsible for establishing Area
Committees for the inland and coastal
zones, respectively. In the inland
Regions, ACPs have been completed and
approved by EPA. The ACP process,
however, is dynamic, and Area
Committees will continue to refine the
ACPs to provide more detailed
information on protection priorities,
develop protection strategies, and
identify appropriate cleanup strategies
for inland areas. Area Committees have
the option to further subdivide their
areas into smaller, geographically
distinct subareas and develop
geographic-specific annexes for these
subareas. Members of the public may
contribute to the ACP refinement
process through involvement with Area
Committees in the development of
geographic-specific annexes.
Resource Conservation and Recovery
Act (RCRA). EPA regulations in Subpart
D of 40 CFR part 264, and Subpart D of
40 CFR part 265 promulgated under
. RCRA, require owners and operators of
hazardous waste facilities to develop
facility-specific contingency plans. The
plans must include response
procedures; a list of each person
qualified to act as a facility emergency
coordinator; a list of all emergency
equipment and, when required,
decontamination equipment at the
facility; evacuation plans, when
evacuation could be necessary; and
arrangements agreed to by local police
departments, fire departments,
hospitals, contractors, and State and
local emergency response teams to
coordinate emergency services. In
addition, newly promulgated 40 CFR
part 279 establishes facility-specific
contingency planning and emergency
procedure requirements for used oil at
reprocessing and refining facilities. To
avoid duplication of effort, owners or
operators of facilities subject to the
regulations in 40 CFR parts 264, 265,
and 279 may incorporate these RCRA
provisions and the response planning
requirements of other applicable Federal
regulations into their facility response
plans.
EPCRA. Among other things, EPCRA
requires local emergency planning
committees (LEPCs) to develop local
emergency response plans for their
community and review them at least
annually. Under EPCRA, the owner or
operator of a facility where a listed
"extremely hazardous substance" is
present in an amount in excess of the
threshold planning quantity must notify
the State emergency response
commission (SERC). In addition*upon
request of the LEPC, the owner or
operator must provide the LEPC with
any information necessary to develop
and implement the local emergency
response plan. Because of the
requirement that certain facilities
participate in emergency planning
under EPCRA, some overlap may exist
with response plan requirements
outlined in today's rule.
The OPA Conference Report states
that OPA facility response plans should
be consistent with plans prepared under
other programs, and that any
information developed under section
311(j) should be made available to
SERCs and LEPCs. (See OPA Conference
Report, H.R. Rep. No. 101-653,101st
Cong., 2d Sess. 1990 at p. 151.)
Therefore, a facility response plan
should be consistent with the local
emergency response plan for the
community in which the facility is
located, and to ensure such consistency,
facility owners or operators should
review the appropriate local emergency
response plan. In addition, upon request
of the LEPC or SERC, the facility should
provide a copy of the facility response
plan.
Clean Air Act. Under section 112(r) of
the Clean Air Act (CAA). as amended in
1990, EPA is to promulgate risk
management program regulations for the
prevention and detection of accidental
releases and for responses to such
releases, including requirements for a
risk management plan (RMP) for
chemical accidental release prevention.
The regulation listing the covered
chemicals and threshold quantities was
published in the Federal Register on
January 31,1994 (59 FR 4478). The
proposed rule for the risk management
program was published in the Federal
Register on October 20,1993 (58 FR
54190).
Regulated facilities are required to do
three things: register with EPA; develop
and implement a risk management
program that includes a hazard
assessment, a prevention program, and
an emergency response program; and
develop and submit an RMP to the
Chemical Safety and Hazard
Investigation Board, the implementing
agency, the SERC, and the LEPC. The
RMP is to be made available to the
public.
EPA anticipates that facilities affected
by both regulations can prepare one
response plan that meets the Oil
Pollution Act requirements for oil and
the CAA requirements for chemicals.
Prevention Technical Requirements
EPA's proposed rule for the facility
response plan rulemaking contained
certain provisions related to aspects of
40 CFR part 112 that did not address the
OPA facility response plan
requirements. EPA has decided not to
include these provisions in today's final
rule. These provisions are more closely
related to the 40 CFR part 112 revisions
proposed on October 22,1991 (56 FR
54612), and will be finalized when that
proposal is finalized. The proposed
provisions not included in today's final
rule are as follows:
• § 112.1(d)(4)—Reiterating that
Underground Storage Tanks are to be
Marked on Diagrams;
• § 112.1(g)—Regional Administrator
Authority to Require SPCC Plan
Preparation;
• § 112.2—Definitions of "Alteration"
and "Repair";
• § 112.4(d)—Amendment of SPCC
Plan by Regional Administrator;
• § 112.7(a)(2)—Submission of SPCC
Plans for Waiver of Technical
Requirements;
• § 112.7(d)—Requirement to Prepare
a Contingency Plan When the
Installation of Secondary Containment
Structures is not Practicable;
• § 112.7(f)—Prevention Training;
and
• § 112.7(i)/Appendix H—Ensuring
Against Brittle Fracture.
Only proposed changes to §§ 112.2
(except for the definitions of
"alteration" and "repair") and 112.20,
and the addition of § 112.21 are
included in today's final rule. The
content of § 112.21 is adapted from
§ 112.7 of the proposed rule which
addressed training and drills/exercises
for both prevention and response.
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34074 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
II. Summary of Revisions to the Oil
Pollution Prevention Regulation
This section provides a summary of
the response planning provisions
included in today's final rule. Section
II. A provides a brief summary of the
overall approach to implementation of
response plan requirements. In Section
II.B, EPA summarizes and responds to
major issues raised by the public during
the comment period. Finally, Section
II.C provides a section-by-section
discussion of changes from the
proposed rule to the final rule.
A. Summary of Approach to
Implementing Facility Response Plan
Requirements
EPA is finalizing an approach for
identifying facilities subject to response
planning requirements similar to that
outlined in the proposed rule. Only
owners or operators of "substantial
harm facilities" are required to prepare
and submit plans. EPA will approve
only those plans submitted for
"significant and substantial harm
facilities." Risk-based factors for
evaluating the potential to cause
substantial harm and significant and
substantial harm are established in
§ 112.20(f) of today's rule and include:
Ntype of transfer operation; oil storage
capacity; lack of secondary
containment; proximity to fish and
wildlife and sensitive environments
(described as "environmentally
sensitive areas" in the proppsal),
navigable waters, and drinking water
intakes; spill history; age of oil storage
tanks; and other facility-specific and
Region-specific information.
There are two methods by which an
onshore facility may be determined to
be a "substantial harm facility." The
first involves the use of substantial harm
criteria provided in § 112.20(f)(l) and in
the flowchart in Appendix C to 40 CFR
part 112 by owners or operators to
identify "substantial harm facilities."
The second provides each RA the
authority to determine whether any
facility subject to the Oil Pollution
Prevention regulation is a "substantial
harm facility" based on the specific
criteria in § 112.20(f)(D. the factors in
§ 112.20(f)(2)(AHF), or other site-
specific characteristics and
environmental factors that may be
relevant under § 112.20(f)(2)(G). In
applying these factors, the RA may seek
input on specific facilities from other
agencies such as the USCG and natural
resource trustee agencies. The RA also
may consider petitions from the public
to determine whether a facility is a
"substantial harm facility."
To determine whether an onshore
facility could be a "significant and
substantial harm facility," the RA will
consider the substantial harm criteria in
§ 112.20(f)(2) as well as additional
factors in § 112.20(f)(3), including site-
specific information such as local
impacts on public health.
Li today's final rule, facility owners or
operators are provided with a process to
appeal the substantial harm and
significant and substantial harm
determinations or the RA's decision not
to approve a response plan for which
approval is required.
Finally, under § 112.20(e), owners or
operators who are not required to
submit plans must maintain onsite at
the facility a signed certification form,
which indicates that the facility has
been determined by the facility owner
or operator not to meet the criteria in
§ 112.20(f)(l).
Discussion of Response Plans
Those facility owners or operators
who submit plans must include a signed
response plan cover sheet (as provided
in 40 CFR part 112, Appendix F,
Attachment F-l), which indicates that
the information contained in the plan is
accurate, and that gives a basic
summary of facility information,
including the results of the substantial
harm determination. •
The required elements for response
planning in § 112.20(h) of this rule are
designed to direct a facility owner or
operator in gathering the information
needed to prepare a response plan. The
response plan elements address
requirements under CWA section
311(j)(5) (as amended by the OPA),
including requirements for response
training and participation in response
drills/exercises. Appendix F to the rule
includes a model response plan that
further describes the required elements
in § 112.20(h). The majority of elements
in the model plan are taken directly
from § 112.20(h) or are logical
extensions of the general requirements
in § 112.20(h) and are therefore
requirements prefaced by use of the
word "must" or "shall." EPA recognizes
that certain other elements may not be
applicable in all cases. To provide
flexibility for facilities with unique
circumstances, certain elements are
prefaced by use of the words "shall, as
appropriate" or are modified by use of
the words "or an equivalent." Finally,
other elements are presented as
recommendations and are prefaced by
use of the word "may."
As discussed previously in this
preamble, the requirements in
§ 112.20(h) and the model response plan
in Appendix F do not preclude the use
of a preexisting response plan. Owners
or operators may submit a plan prepared
to meet other Federal or State
requirements,'as long as the elements in
§ 112.20 are addressed (including the
requirement for an emergency response
action plan), and a cross-reference to the
model response plan is provided.
Under today's rule, owners or
operators of "substantial harm'
facilities" must prepare plans to
respond to a worst case discharge, and
small and medium discharges as
appropriate. Such response planning by
facilities will help ensure protection of
public health and welfare and the
environment by facilitating effective
response to discharges to navigable
waters or adjoining shorelines. The
requirement to plan for several different
spill sizes is consistent with other
agencies' (such as the USCG's)
implementation of OPA response
planning requirements. For example,
the average most probable discharge and
the maximum most probable discharge
under the USCG interim final rule set
out the same values in barrels as EPA
sets out in gallons for small and
medium spills (58 FR 7358, February 5,
1993). EPA is authorized to require
owners or operators to plan for small
and medium discharges by § 311(j)(l)(C)
of the CWA.
OPA section 4201(b) (CWA section
311(a)(24)) defines "worst case
discharge" for a facility as the largest
foreseeable discharge in adverse
weather conditions. The OPA
Conference Report indicates that facility
owners or operators are expected to
prepare plans for responding to
discharges that are worse than either the
largest spill to date at the facility or the
, maximum probable spill for that facility
type. (See H.R. Rep. No. 101-653,101st
Cong., 2d Sess. 1990 at pp. 149-150.)
Today, EPA finalizes a requirement for
a facility's worst case discharge
planning amount based on the capacity
of the largest single tank within a
secondary containment area, or the
combined capacity of a group of
aboveground tanks permanently
manifolded together within a common
secondary containment area lacking
internal subdivisions, whichever is
greater; plus an additional quantity
based on lack of secondary containment,
as appropriate. (For facilities that lack
secondary containment for all tanks, the
worst case discharge would be the total
storage capacity at the facility.)
Production facilities would also need to
consider production volumes. Single
tank facilities are allowed to reduce the
worst case discharge volume for the '
presence of adequate secondary
containment.
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations 34075
EPA has provided worksheets in
Appendix D, which owners or operators
of storage and production facilities are
required to use in the calculation of
worst case discharge amounts. For
complexes, the worst case discharge
volume is the larger of the amounts
calculated for each component of the
facility regulated by a different agency
using procedures contained in the
respective regulations. EPA requires that
owners or operators of complexes (a
complex is a facility with a combination
of transportation-related and non-
transportation-related components, e.g.,
a marine transfer facility with
aboveground storage tanks) plan for the
single largest worst case discharge at the
facility. To facilitate this process, EPA
has modified Appendix E as described
in Section n.B of this preamble to be
consistent with the USCG's "Guidelines
for Determining and Evaluating
Required Response Resources for
Facility Response Plans."
In addition to planning for a worst
case discharge, under proposed
§ 112.20, facility owners and operators
are required to plan for (1) a small spill,
defined as any spill volume less than or
equal to 2,100 gallons, provided that
this amount is less than the worst case
discharge amount; and (2) a medium
spill, defined as any spill volume
greater than 2,100 gallons, and less than
or equal to 36,000 gallons or 10 percent
of the capacity of the largest tank at the
facility, whichever is less, provided that
this amount is less than the worst case
discharge amount. For facilities where
the worst case discharge is a medium
spill, the owner or operator is required
to plan for two amounts, a worst case
spill and a small spill. For facilities
where the worst case discharge is a
small spill, the owner or operator must
plan only for a worst case discharge.
For medium spills at complexes, the
owner or operator must first determine
a medium spill volume for the
transportation-related and non-
transportation-related components at
the facility. (The USCG's term
"maximum most probable discharge" is
generally equivalent to a medium spill.
See 58 FR 7354.) The owner or operator
must then compare the medium
planning amounts for each component
of the facility. Following this
comparison, the owner or operator must
select the larger of the quantities as the
medium planning amount for the
overall facility. A similar procedure
must be followed for a small spill. (The
USCG's term "average most probable
discharge" is generally equivalent to a
small spill. See 58 FR 7353.) EPA
requires that owners or operators of
complexes plan for a single small and
medium spill at the facility in
accordance with the requirements in
Appendix E.
Equipment Requirements
In Appendix E to today's rule, EPA
establishes requirements to determine '
for planning purposes the quantity of
resources and response times necessary
to respond to the "maximum extent
practicable" to a worst case discharge,
and to other discharges, as appropriate.
The requirements were adapted from
similar requirements developed by the
USCG for vessel response plans and
facility response plans for marine
transportation-related onshore facilities.
These procedures recognize practical.
and technical limits on response
capabilities that an individual facility
owner or operator can provide in
advance and on response times for
resources to arrive on scene. To address
these limitations, Appendix E
establishes operability criteria for oil
response resources and caps on
response resources that facility owners
-or operators must identify and ensure
the availability of, through contract or
other approved means. The caps reflect
an estimate of the response capability at
a given facility that is considered a
practical target to be met by 1993 and
beyond.
Appendix E (Appendix F in the
proposed rule) has been renamed
"Determination and Evaluation of
Required Response Resources for
Facility Response Plans." EPA made
this change to clarify that facility
owners and operators must use this
appendix to determine whether they
have appropriate and adequate amounts
of resources to meet the planning
requirements in this final rule. In this
appendix, EPA has substituted the
words "shall" or "shall, as appropriate"
for the word "should" to clarify whether
the requirements are mandatory,
regardless of the circumstances. The
phrase "shall, as appropriate" is
consistent with EPA's intent in the
proposal to provide owners or operators
flexibility for facilities with unique
circumstances. As required at
§ 112.20(h)(3)(i), in cases where it is not
appropriate to follow part of Appendix
E to identify response resources to meet
the facility response plan requirements,
owners or operators must clearly
demonstrate in the plan why use of
Appendix E is not appropriate at the
facility and make comparable
arrangements for response resources.
Section 311(j)(5)(Q(iii) of the CWA
requires the facility response plan to
identify and ensure the availability, by
contracts or other means approved by
the President (as delegated to EPA), of
private personnel and equipment
necessary to respond to the maximum
extent practicable, to a worst case
'discharge. For the purposes of today's
rule, "contract or other approved
means" is defined in § 112.2 of today's
final rule as:
• A written contractual agreement
with an Oil Spill Removal Organization
(OSRO(s)). The agreement must identify
and ensure the availability of the
necessary personnel and equipment
within appropriate response times; and/
or
• Written certification that the
necessary personnel and equipment
resources, owned or operated by the
facility owner or operator, are available
to respond to a discharge within
appropriate response times; and/or
• Active membership in a local or
regional OSRO(s), which has identified
and ensures adequate access, through
membership, to necessary personnel
and equipment within appropriate
response times in the specified
geographic areas; and/or
• Other specific arrangements
approved by the RA upon request of the
owner or operator.
If the owner or operator plans to rely
on facility-owned equipment to satisfy
the requirement at § 112.20(h)(3) to
identify and ensure the availability of
response resources, then equipment
inventories must be provided. When
relying on other arrangements, evidence
of contracts or approved means must be
included in the response plan so that
the availability of resources can be
verified during plan review. It is not
necessary to list specific quantities of
equipment in the facility response plan
when listing a USCG-classified OSRO(s)
that has sufficient removal capacity to
recover up to the rate indicated by the
associated caps. (See Section n.B of this
preamble for additional discussion on
this issue.)
Final Rule Application to. Affected
Facilities
The following paragraphs present
EPA's approach to implement the
response plan requirements of OPA and
of this final rule. Section 112.20(a) of
the rule has been revised to reflect this
approach.
The Agency proposed in the February
17,1993 Federal Register (58 FR 8824)
its facility response plan rule for non- '
transportation-related onshore facilities
under its jurisdiction. Before this
publication, EPA made available
outreach materials describing its basic
approach for implementation of the
OPA response plan requirements to
' allow facility owners or operators the
opportunity to prepare and submit
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34076 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
response plans by the February 18,
1993, OPA deadline. EPA received over
4,500 plans from owners or operators of
facilities that met the criteria to be a
"substantial harm facility." EPA
Regional personnel have identified the
subset of "significant and substantial
harm facilities" from those facilities that
submitted response plans by February
18,1993 and, as appropriate, issued
authorizations to these facilities to
continue to operate after August 18,
1993, based on a review of a facility's
certification of response resources.
These plans will be reviewed and, if
appropriate, approved under the OPA
statutory requirements by February 18,
1995. For inadequate plans submitted
before the February 18,1993 statutory
deadline, RAs may notify facility
owners or operators that additional
information or plan revisions are
• necessary in advance of February 18,
1995, for plan approval.
To recognize the compliance efforts of
owners or operators of those facilities in
existence on or before February 18,1993
who submitted response plans to meet
the OPA requirements by the statutory
deadline, EPA will allow them until
' February 18,1995 to revise their
response plan, if necessary, to satisfy
the requirements of this rule and
resubmit their plans (or updated
portions) to the RA. (See
§ 112.20(a)(l)(i).) The revised plans for
"significant and substantial harm
facilities" will be reviewed periodically
thereafter on a schedule established by
the RA provided that the period
between plan reviews does not exceed
five years. (See § 112.20(c)(4).) RAs may
institute a process by which such plan
reviews are staggered so that not all
plans will need to be reapproved in the
same year.
Owners or operators of existing
facilities that were in operation on or
before February 18,1993 who failed to
submit a facility response plan to meet
the OPA requirements by February 18,
1993 must submit a response plan that
meets the requirements of this rule to
the RA by the effective date of the final
rule. (See § 112.20(a)(l)(ii).) EPA
recognizes that such facilities may have
prepared and submitted to the RA some
form of a response plan after the
statutory deadline. Owners or operators
may submit revised portions of the plan
to bring the plan into compliance with
the final rule requirements. Plans for
"significant and substantial harm
facilities" will be reviewed for initial
approval by RAs within a reasonable
time. Such plans will be reviewed
periodically thereafter on a schedule
established by the RA provided that the
period between plan reviews does not
exceed five years. RAs may choose to
stagger such plan reviews.
Owners or operators of facilities that
commenced operations after February
18,1993 but before the effective date of
this final rule must submit a response
Slan that meets the requirements of this
nal rule to the RA by its effective date.
EPA recognizes that such facilities may
have prepared and submitted some form
of a response plan to the RA prior to the
publication of this rule. Owners or
operator may submit revised portions of
the plan to bring the plan into
compliance with the final rule
requirements. (See § 112.20(a)(2)(i).)
RAs will review plans for "significant
and substantial harm facilities" for.
initial approval within a reasonable
time. The plans will then be placed on
the Region's review cycle as described
in the preceding paragraphs.
The Agency recognizes that
identification of "substantial harm
facilities" will continue to occur as new
facilities come on-line and existing
facilities newly meet the criteria for
substantial harm as a result of a change
in operations or site characteristics. EPA
is requiring in § 112.20(a)(2)(ii) and (iii)
that: (1) newly constructed facilities
(facilities that come into existence after
the effective date of the final rule) that
meet the applicability criteria must
prepare and submit a response plan in
accordance with the final rule prior to
the start of operations (adjustments to
the response plan .to reflect changes that
occur at the facility during the start-up
phase of operations must be submitted
to the Regional Administrator after an
operational trial period of 60 days); and
(2) existing facilities that become subject
to the response plan requirements as the
result of a planned change in operations
(after the effective date of the final rule)
must prepare and submit a response
plan in accordance with the final rule
prior to the implementation of changes
at the facility. RAs will review plans
submitted for such newly designated
"substantial harm facilities" to
determine if a facility is a "significant
and substantial harm facility." RAs will
review for approval plans for
"significant and substantial harm
facilities" within a reasonable time and
then place the plans on the Region's
review cycle as discussed previously.
An existing facility, however, may
become subject to the response plan
requirements through one or a
combination of unplanned events, such
as a reportable spill or the identification
of fish and wildlife and sensitive
environments adjacent to the site during
the ACP refinement process. In the
event of such an unplanned change, the
owner or operator is required to prepare
and submit a response plan to the RA
within six months of when the change
occurs (See § 112.20(a)(2)(iv).) The
Agency believes that allowing six
months from when a change caused by
an unplanned event occurs to prepare
and submit a plan is reasonable.
Under § 112.20(g)(2). facility owners
or operators are required to review
appropriate sections of the NCP and
ACP annually and revise their response
plans accordingly. In addition,
§ 112.20(d)(l) requires the owner or
operator of a facility for which a
response plan is required to resubmit
relevant portions of the plan within 60
days of each material change in the
plan. For "substantial harm facilities,"
Regions will review such changes to
determine if the facility should be
reclassified as a "significant and
substantial harm facility." For
"significant and substantial harm
facilities," the Regions will review such
changes for approval as described in
§ 112.20(d)(4).
B. Response to Major Issues Raised by
Commenters
A total of 1282 comments were
received on the proposed rule. The
majority of these comments were one-
page form letters from members of, and
on behalf of, numerous environmental
professional groups and addressed the
issue of whether certification of
response plans by an independent party
was appropriate. A document entitled
"Response to Comments Document for
the Facility Response Plan Rulemaking"
that summarizes and provides responses
to all comments received on the
proposed rule is available in the public
docket. The major issues raised by the
commenters and the Agency's responses
are described in this section.
Option One vs. Option Two
In the preamble to the proposed rule,
the Agency discussed two options for
identifying facilities subject to facility
response plan requirements under this
rulemaking. In the proposed rule, EPA
proposed the first option, but requested
comment on the merits of both options.
The two alternatives are outlined briefly
in the next paragraph.
Under Option 1, EPA proposed to
require under CWA sections 311(j)(5)
and 311(j)(l)(C) that: (1) the owner or
operator of a "substantial harm facility"
prepare and submit a response plan, and
(2) "significant and substantial harm
facilities" have their plans promptly
reviewed for approval by EPA. Criteria
provided in § 112.20(f)(l) coupled with
RA determinations would be used to
identify "substantial harm facilities"
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations 34077
and a subset of "significant and
substantial harm facilities."
EPA's second approach was also
based on the authority contained in
CWA sections 311(j) (1) and (5). Under
Option 2, all facilities regulated under
40 CFR part 112 would be required to
prepare facility response plans; certain
small, low-risk facilities with secondary
containment structures would be
allowed to prepare an abridged version
of a response plan. Only "substantial
harm facilities" would only be required
to submit plans to EPA. "Significant and
substantial harm facilities" would
submit plans to EPA and have their
plans reviewed and approved.
The Agency received numerous
comments on the two options, with the
vast majority favoring Option 1.
Supporters of Option 1 stated that
Option 2 would create too great a
burden on facilities and EPA, in relation
to the relatively low environmental
benefits derived from planning.
Commenters representing small, lower-
risk facilities expressed concern that
being required to prepare response
plans would impose unnecessary
financial burdens, hi addition,
commenters felt that 40 CFR part 112
was sufficiently protective of the
environment for non-substantial-harm
facilities. A small number of
commenters representing both industry
and environmental groups supported
Option 2, stating that it most closely
reflected the mandates of the OPA and
that it would provide a more
comprehensive emergency response
planning network.
In today's final rule, EPA finalizes
Option 1. The Agency believes that this
option targets high-risk facilities in a
cost effective manner that is
nevertheless protective of the
environment. Owners or operators of
facilities covered by the Oil Pollution
Prevention regulation must evaluate
their facilities against a series of
substantial harm screening criteria.
Although EPA encourages all oil storage
facilities under its jurisdiction to
prepare oil spill response plans, owners
or operators of those facilities not
meeting the criteria provided in
§ 112.20(f)(l) are only required to
prepare a facility response plan if the
RA independently determines that the
facility is a "substantial harm facility."
Because of the size and diversity of the
regulated community under EPA's
jurisdiction pursuant to the OPA and
the tight timeframe established by the
OPA, EPA is implementing a substantial
harm selection process with two
components (i.e., published criteria and
an RA determination). The published
criteria are designed to capture the vast
majority of "substantial harm facilities."
To simplify the process, EPA developed
specific selection criteria to be applied
in a consistent manner by all owners
and operators. Nevertheless, EPA
believes that there are facilities that do
not meet the criteria in § 112.20(f)(l),
but may, due to facility-specific or
location-specific circumstances, pose
sufficient risk to the environment to be
designated as "substantial harm
facilities." Accordingly, RAs, as the
designated representatives of EPA, are
granted authority to designate a facility
on a case-by-case basis as a "substantial
harm facility."
Substantial Harm Criteria
As required by § 112.20(f)(l) and the
flowchart in Appendix C to 40 CFR part
112, a facility is a "substantial harm
facility" if either of the following two
criteria are met: >
" (1) The facility transfers oil over water
to or from vessels and has a total oil
storage capacity greater than or equal to
42,000 gallons; or «
(2) The facility's total oil storage
capacity is greater than or equal to 1
million gallons, and one or more of the
following is true:
• The facility does not have
secondary containment for each
aboveground storage area sufficiently
large to contain the capacity of the
largest aboveground storage tank within
each storage area plus sufficient
freeboard to allow for precipitation;
• The facility is located at a distance
(as calculated using the appropriate
formula in Appendix C or a comparable
, formula) such that a discharge from the
facility could cause injury to fish and
wildlife and sensitive environments;
• The facility is located at a distance
(as calculated using the appropriate
formula in Appendix C or a comparable
formula) such that a discharge from the
facility would shut down operations at
a public drinking water intake; or
• The facility nas had a reportable
spill greater than or equal to 10,000
gallons within the last 5 years.
A number of commenters suggested
that EPA is attempting to regulate
transportation-related facilities that are
covered by USCG regulations. Several of
these commenters stated that EPA's
approach would result in redundant and
conflicting regulations for such
facilities.
The Agency considered these
comments and decided to retain the
over-water transfers criterion
(§ 112.20(f)(l)(i)). The criterion was
designed to identify as posing a risk of
substantial harm to the environment
those facilities that store oil above a
certain quantity located in close
proximity to navigable waters. EPA is %
not attempting to regulate marine
transfer operations. In 40 CFR 112.1,
EPA clearly explains which facilities
fall under its authority. The section
states that EPA jurisdiction does not
extend to transportation-related
facilities. The Agency has the authority,
however, to regulate the non-
transportation-related storage
component of facilities that may have a
marine transfer component.
Several commenters indicated that the
42,000 gallon cutoff for transfers over-
water is appropriate. Other commenters
questioned the potential of a 42,000
gallon spill to cause substantial harm to
the environment.
EPA has decided that non-
transportation-related storage
components of complexes should be
regulated at a lower capacity threshold
than storage facilities without an over-
water transfer component (i.e., 42,000
gallons versus 1 million gallons),
because the location of over-water
transfer facilities poses a higher risk to
navigable waters. Spills at such facilities
are more likely to reach navigable
waters than spills from facilities located
further from navigable waters. Also, it is
likely that a higher percentage of the
total amount released will reach
navigable waters at a facility directly
adjacent to navigable waters than at a
facility located further away. Data
indicate that for oil discharges above
42,000 gallons, the number of incidents
with reported effects including fishkills,
wildlife damage, or fire is greater than
for oil discharges below 42,000 gallons.
At the 0.01 level of significance, the size
of the release is related to the
occurrence of reported effects. For
certain release size thresholds other
than 42,000 gallons, however, a similar
statistically significant relationship
could not be shown.2
EPA requested comment in the
proposed rule on the appropriateness of
the use of a proposed 1 million gallon
or a 200,000 gallon size cut-off for total
storage capacity to determine a
threshold for substantial harm. (See
The Agency received numerous
comments suggesting that the 1 million
gallon cutoff was appropriate. A smaller
number of commenters including other
Federal government agencies and
environmental associations, indicated
that the size cut-off for substantial harm
should be 200,000 gallons or lower.
1 Study prepared for EPA titled "Analysis of Data
Relating to Facility Size. Oil Discharges, and
Environmental Effects." Available for inspection in
the Superfund Docket. Room M261S. at the U.S.
Environmental Protection Agency, 401 M Street.
SW., Washington. DC 20460.
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34078 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
Advocates for a lower cut-off contended
that small facilities with a high
throughput may have a higher potential
to cause substantial harm than large
facilities with low throughput. These
commenters also suggested that the OPA
Conference Report indicated that the
requirement to prepare and submit
response plans should be applied
broadly, because even small discharges
from an onshore facility could result in
substantial harm under certain
circumstances.
Although EPA recognizes that large
storage capacity is a substantial harm
risk factor, the Agency also recognizes '
that the intent of OPA was not to
exclude certain smaller facilities, such
as those near public drinking water
intakes or fish and wildlife and
sensitive environments, from
consideration as having the potential to
cause substantial harm. EPA intends
that the RA determination process be
used to identify additional high-risk
facilities that do not meet the criteria in
§ 112.20(0(1) although nonetheless pose
substantial harm.
The Agency decided to identify
certain high-risk facilities that pose a
threat of substantial harm because of
their size in combination with facility-
specific characteristics (i.e., secondary
containment and spill history) or
location-specific (i.e., proximity to fish
and wildlife and sensitive environments
and public drinking water intakes). The
largest oil spills, which could pose the
greatest risk to the environment, occur
at large facilities. Data on the effects of
spills from aboveground storage tanks
indicate that when larger quantities of
oil are discharged, fish and wildlife
damage, off-site soil pollution, and
property damage are greater than for
smaller discharges.3 The Agency
believes that regulatory coverage and
protection of the environment will be
ensured, since facilities that are smaller
than 1 million gallons, but that could
cause substantial harm because of their
proximity to navigable waters or fish
and wildlife and sensitive
environments, could be selected under
the RA's authority to require a facility
to submit a response plan, regardless of
whether the facility meets the criteria in
§ 112.20(f)(l) (although the RA
considers these factors as part of the
determination).
In addition, several commenters
suggested that the average oil storage
inventory of a facility should be used
instead of capacity to determine the oil
storage threshold for substantial harm.
Commenters indicated that the normal
amount of oil stored at a facility is often
'Ibid.
less than the total capacity, because
facilities are overdesigned to meet
seasonal demands. Commenters also
contended that tanks dedicated for
standby service and tanks not in service
should not be counted in determining a
facility's capacity, and that certification
methods could be employed to ensure
that excess capacity is not being used.
In today's final rule, EPA retains
capacity rather than inventory as the
basis for assessing risk to the
environment. The decision was based ,
largely on the fact that substantial harm
determinations using inventory would
be difficult or impossible to enforce and
might not accurately reflect the true
worst case for the facility. EPA would be
unable to inspect facilities often enough
to ensure that their inventory is actually
below the substantial harm threshold.
Moreover, owners or operators would
likely find it difficult to constantly track
inventory to ensure that changes in
inventory did not trigger additional
regulatory requirements and at some
time the tank could be filled to capacity.
In addition, there is a need to maintain
consistency in the Oil Pollution
Prevention regulation, and the original
regulation uses storage capacity for
threshold determinations instead of
using inventory. However, EPA has
proposed in a separate rulemaking
published on October 22,1991 (58 FR
54612), to allow owners or operators to
exclude permanently closed tanks (as
defined in § 112.2 of the proposed rule
published on October 22,1991) from the
total capacity of the facility for the
purposes of the Oil Pollution Prevention
regulation. -If these changes are
finalized, permanently closed tanks
would not have to be considered in the
substantial harm evaluation.
Several commenters argued that the
10,000 gallon reportable spill criterion
(proposed at § 112.20(f)(ii)(D), 58 FR
8849) should be modified to allow a
facility owner the opportunity to
petition the RA for exclusion based
upon modifications to the facility or to
its spill prevention procedures made
after the release.
EPA agrees that continuous
improvements in spill prevention ,
procedures are important and that
owners and operators that have
significantly upgraded their facility
within five years of a spill greater than
or equal to 10,000 gallons (by replacing
tanks or adding secondary containment,
for example) should be allowed to
request exclusion from the substantial
harm category.
The Agency includes a two-stage
appeals process in § 112.20(i) of today's
rule. The appeals process allows an
owner or operator to petition the RA to
remove a facility from the category of
substantial harm because of
improvements at the facility that lead to
greatly reduced risk to the environment.
The appeals process is discussed in
greater detail in the "Appeals Process"
section of this preamble. Of course, even
if a facility obtains relief through
appeal, the RA still retains authority to
require a Plan, under § 112.20(b) should
the circumstances on which the relief
was granted change in the future.
In the proposedrule, EPA provided
formulas in Appendix C for owners or
operators to determine appropriate
distances to fish and wildlife and
sensitive environments and drinking
water intakes for purposes of evaluating
the substantial harm criterion. EPA also
proposed to allow the use of an
alternative formula acceptable to the
RA. EPA solicited data and comments
on the appropriateness of the distance
calculations in Appendix C for inland
areas.
Several commenters supported the
overall approach of using a calculated
distance to define proximity. However,
numerous commenters indicated that
the formulas used to calculate the
planning distances in Appendix C are
too complex, cumbersome, or
impracticable for general use.
The Agency does not agree. The
planning distance formulas proposed in
Appendix C are appropriate based on an
evaluation of engineering principles and
input from an interagency technical
workgroup that included representatives
from the Natural Resource Trustee
agencies, as well the agencies
responsible for measuring river height
and flow. The Agency's primary goal
was to provide a series of formulas that
were technically supportable. EPA has
provided the least complex formulas
that are still technically supportable.
Moreover, EPA allows owners or
operators to use comparable formulas to
calculate appropriate distances
provided that the formula is acceptable
to the RA and they send supporting
documentation on the reliability and
analytical soundness of the formulas
(see§112.20(a)(3)).
Several commenters noted that the
formulas proposed in Appendix C did
not account for tides, currents, wind
direction, and other weather-dependent
flow rates. One commenter
recommended that EPA use the USCG
planning distances for discharges into
tidal waters. To more accurately account
for the range of movement of spilled oil
in certain aquatic environments, EPA
includes in Appendix C of today's final
rule a section on oil transport in tidal
influence areas as a separate type of
calculation. EPA adopts the tidal
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34079
influence area criteria from the USCG's
interim final rule for Marine
Transportation-Related (MTR) Facilities
(58 FR 7358, February 5,1993).
Some commenters stated that the
proposed response times in Table 3 of
Appendix C for calculating the planning
distances were inappropriate and would
overpredict the area of the spill. Some
commenters noted that actual response
times could be considerably faster than
those proposed because some facilities
have their own response resources.
Conversely, one commenter expressed
concern that the response times are too
short and do not account for adverse
weather conditions or phased planning
required for certain discharges. Other
commenters noted that the proposed
response times in Table 3 of Appendix
C were inconsistent with the response
times listed in Appendix F of the
proposed rule for determining response
resources for a worst case discharge and
should be changed. No data were
provided by commenters to support
alternative response times for use in the
distance calculations.
In today's rule, to clarify the
information presented, EPA reformats
Table 3 of Appendix C. EPA used the
same geographic areas for facility
location (i.e., higher volume port area,
Great Lakes, and all other river and
canal, inland, and nearshore areas) as
those specified in the equipment
appendix (Appendix E) to maintain
consistency between different sections
of the regulation and because the facility
location directly impacts the arrival
time of response resources.
The specified time intervals in Table
3 of Appendix C are to be used only to
aid in the determination of whether a
facility is a "substantial harm facility."
Once it is determined that a plan must
be developed for the facility, the owner
or operator would consult Appendix E
to determine appropriate resource levels
and response times. The specified time
intervals in Table 3 of Appendix C are
less than the Tier 1 response times
specified in Appendix E for the
corresponding operating areas, because
EPA assumes that, for purposes of
determining whether a facility is a
"substantial harm facility," no response
planning has been done. This
conservative assumption is only used
for screening purposes and is not used
for other aspects of the rulemaking.
Owners or operators are reminded that
EPA has included at § 112.20(1) of the
final rule an appeals process for, among
other things, the determination of
substantial harm.
EPA believes that these times
accurately estimate the times needed to
respond to spills from EPA-regulated
facilities that have not pre-planned their
response to spills (i.e., a facility owner
or operator who has not pre-planned
response activities would be able to
contact a local spill response company,
coordinate response actions, and deploy
resources within 15 or 27 hours'
following discovery of the spill,
depending on facility location). In
general, facilities located in higher
volume port areas have a higher density
of response contractors and resources
nearby. Therefore, EPA estimated a
shorter time interval for these facilities
compared with facilities located in all
other operating areas.
One commenter noted an inaccuracy
in the formula proposed in Attachment
G-III of Appendix C of the proposed
rule, Oil Transport on Still Water,
(which converts an oil discharge volume
into a surface area), when the volume of
the spilled oil is converted to units
other than cubic meters, hi Attachment
C-III of Appendix C of today's rule, EPA
incorporates a conversion factor into the
formula to address the inaccuracy by
allowing facility owners and operators
to directly input the worst case
discharge volume in gallons and to
obtain a spill surface area in square feet.
EPA requested comment on the
appropriateness of using specified
distances to environmentally sensitive
areas (fish and wildlife and sensitive
environments) in the substantial harm
criterion. Many commenters suggested
that EPA allow a facility owner or
operator to use alternative methods or
set distances to determine the
appropriate distance from the facility for
screening purposes. In today's rule, the
Agency allows the use of formulas
comparable to the Appendix C formula
to calculate the planning distance to fish
and wildlife and sensitive environments
or public drinking water intakes (see
§ 112.20(a)(3) and § 112.20(f)(i) (B) and
(C)). provided that facility owners and
operators attach documentation to the
.response plan cover sheet on the
reliability and analytical soundness of
the comparable formula. EPA believes
that calculating a planning distance
using the formulas in Appendix C is
more appropriate than using set
distances to fish and wildlife and
sensitive environments, because of the
wide variety of site-specific conditions
that may surround a particular facility
and the various flow characteristics of
water bodies.
In § 112.2 of the proposed rule, EPA
defined "injury" as "a measurable
adverse change, either long- or short-
term, in the chemical or physical quality
or the viability of a natural resource
resulting either directly or indirectly
from exposure to a discharge of oil, or
exposure to a product of reactions
resulting from a discharge of oil." This
definition is adopted from the Natural
Resource Damage Assessments (NRDA)
rule at 43 CFR 11.14(v) to assist facility
owners and operators and RAs to
determine whether a facility is located
at a distance from fish and wildlife and
sensitive environments such that an oil
spill will cause "injury." The Agency
requested comment on the
appropriateness of defining "injury" in
such a manner.
Several commenters stated that the
definition of "injury" was so broad that
it would include almost every facility
that stores greater than or equal to one
million gallons of oil and would result
in excessive regulation, economic
burden, and unnecessary lawsuits.
Several commenters stated that EPA
should limit the definition of "injury"
so that facility owners and operators
would only have to consider the
potential to cause substantial harm,
rather than the potential to cause any
harm. Some commenters supported
EPA's choice to incorporate a definition
of "injury" that was already
promulgated under other regulatory
programs.
The Agency carefully considered
comments on the definition of "injury"
and consulted with NOAA and other
Natural Resource Trustees agencies as to
the merits of using an alternative
definition. EPA maintains that the
definition of "injury" is appropriate to
assess substantial harm based on the
extensive experience of Natural
Resource Trustees in conducting
evaluations of oil spill impacts on
natural resources. Federal officials
authorized by the President and the
authorized representatives of Indian
tribes and State and foreign
governments act as public trustees to
recover damages to natural resources
under their trusteeship. Under the NCP,
each trustee has responsibilities for
protection of resources; mitigation and
assessment of damage; and restoration,
rehabilitation, replacement, or
acquisition of resources equivalent to
those affected. Because of the need to
maintain consistency with the NCP, the
Agency believes it is appropriate to use
the definition of injury as established by
the Natural Resource Trustees for this
rule. In the preamble to the NRDA final
rule (51 FR 27706), DOI indicates that
the injury definition does not measure
insignificant changes and that the
definition relies on changes that have
been demonstrated to adversely impact
the resources in question, or services
provided by those resources. EPA notes
that there is nothing in the definition of
"injury" that refers to the term harm (or
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34080 Federal Register / Vol. 59. No. 126 / Friday, July 1, 1994 / Rules and Regulations
substantial harm), and that the term
"injury" is not equivalent to these
terms. The potential for a spill to cause
any injury to a fish and wildlife and
sensitive environment coupled with a
total oil storage capacity of greater than
or equal to 1 million gallons forms one
of the substantial harm criteria. The
criterion is designed as an indicator of
the potential for a discharge from a
facility to cause substantial harm to the
environment.
The Agency requested comment on
whether private drinking water supplies
should be included in the criteria for
determination of substantial harm.
Some commenters supported the same
treatment for private water intakes as for
public water supplies if the private
drinking water supplies are surface
water intakes rather than groundwater
wells. One commenter recommended
that the RA consider private drinking
water intakes in the determination of
significant and substantial harm.
Conversely, several commenters
opposed the use of proximity to private
drinking water intakes as a criterion for
the substantial harm determination
because most private drinking water
intakes use groundwater. These
commenters stated that such private
intakes would be difficult to identify
and locate. Two commenters suggested
that EPA should define public drinking
water intakes based on the definition of
"public water systems" at 40 CFR
143.2(c) which excludes private water
intakes.
EPA agrees with the commenters that
most private drinking water intakes are
difficult to identify and that most use
groundwater. In today's rule, EPA does
not include proximity to private
drinking water intakes as a criterion for
use by owners or operators to identify
whether their facility is a "substantial
harm facility." The RA, however, may
consider a facility's proximity to private
drinking water intakes in the
determination of substantial harm or
significant and substantial harm. In
Appendix C to today's rule, EPA
clarifies that public drinking water
intakes are analogous to "public water
systems" as defined at 40 CFR 143.2.
Several commenters opposed the
requirements to calculate a planning
distance to determine substantial harm
if a facility has adequate secondary
containment. Some commenters stated
that the planning distance calculations
should reflect the presence of secondary
and tertiary containment and give credit
for flow reduction measures and
inspection programs. The Conference
Report states that in defining a worst
case discharge as the largest foreseeable
discharge at a facility. Congress
intended to describe a spill that is worse
than either the largest spill to date or the
maximum probable spill for the facility
type. (Conference Report No. 101-653,
p. 147.) EPA interprets this language to
mean that facility response plans should
address cases where prevention
measures could fail. Indeed, as detailed
in the Technical Background
Document * supporting this rulemaking,
in some cases, containment systems fail
resulting in the discharge of oil to
surface waters. Therefore, EPA
maintains that proximity to fish and
wildlife and sensitive environments and
drinking water intakes must be
considered despite the presence of
secondary containment. This is an
example of EPA's long established
policy set forth in § 112.1(d)(l)(i), that
the determination of proximity "shall be
based solely upon a consideration of the
geographical, locational aspects of the
facility (such as proximity to navigable
waters or adjoining shorelines, land
contour, drainage, etc.) and shall
exclude consideration of manmade
features such as dikes. . ." It is also
consistent with the statutory definition
of worst case discharge for vessels,
which includes the entire cargo tank
capacity, whether or not the vessel has
a double hull or other spill prevention
measures.
RA Determination
Several commenters indicated their
support for the provision in the
proposed rule that states factors that the
RA may use (§ 112.20(f)(2)) to determine
whether a facility is a "substantial harm
facility" irrespective of the substantial
harm criteria in § 112.20(f)(l). One of
these commenters suggested that this
authority provides a system of checks
and balances that should ensure that all
facilities subject to the regulation will
be required to comply. Other
commenters expressed concern that the
authority granted to the RA in
§ 112.20(b)(l) provides the RA with too
much discretion in determining whether
a facility is a "substantial harm facility."
Some of these commenters suggested
that the criteria used by the RA should
be objective and consistent with the
criteria used by owners or operators,
and expressed confusion about the RA's
authority to use "other site-specific
characteristics or environmental
factors" to select facilities. One
commenter indicated that, as proposed,
the RA would not be required to look at
4 The Technical Background Document to
Support the Implementation of the OPA Response
Plan Requirements. U.S. EPA, February 1903.
Available for inspection in the Superfund Docket.
room M2615, at the U.S. Environmental Protection
Agency. 401 M Street. SW., Washington, DC 20460.
the relationship of the specified criteria
provided in § 112.20(f)(l) (e.g., the RA
may consider that one criterion is
enough to require a response plan to be
submitted). One commenter felt that
there is insufficient justification in the
proposed rule for allowing the RA to
select facilities that do not meet the
criteria in §112.20(f)(l).
EPA recognizes that RAs possess
unique knowledge of Region-specific
considerations that may have a bearing
on whether to identify a facility as a
"substantial harm facility." This RA
authority is necessary, because the OPA
through E.0.12777 directs EPA
ultimately to determine which facilities
are "substantial harm facilities" and
"significant and substantial harm
facilities." As such, EPA retains the RA
determination component of substantial
harm selection in the final rule. In
§ 112.20(b)(l), EPA clarifies that if such
a determination is made, the Regional
Administrator shall notify the facility
owner or operator in writing and shall
provide a basis for the determination.
Further, EPA notes that an appeals
process is included to allow owners or
operators the opportunity to challenge
the RA's determination.
EPA is developing a guidance
document to assist the RA with the
identification of "substantial harm
facilities." This guidance would outline
specific screening procedures for use by
RAs and will foster consistency in the
way the substantial harm factors are
applied. Further, RAs may use
"Guidance for Facility and Vessel
Response Plans: Fish and Wildlife and
Sensitive Environments" (see Appendix
E to this part, section 10, for
availability) and information from the
ACPs, when available, to identify fish
and wildlife and sensitive environments
as part of the substantial harm
determination process.
Public Petitions
Section 112.20(f)(2)(ii) allows any
person who believes that a facility may
be a "substantial harm facility" to
provide information to the RA through
a petition for his or her use in
determining whether the facility should
be required to prepare and submit a
response plan. This petition must
include a discussion of how the
substantial harm factors in
§ 112.20(f)(2)(i) apply to the facility.
Commenters in favor of allowing the
public to have input in the
determination of whether a facility is a
"substantial harm facility" argued that
the public should play a larger role in
the selection and review process.
However, many of these commenters
argued that the proposed procedures are
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Federal Register / Vol. 59, No. 126 / Friday. July 1, 1994 / Rules and Regulations 34081
too burdensome for petitioners and that
the facility owner or operator should
have the responsibility to provide the
necessary information. Commenters
against allowing public petitions felt
that the public petition process would
be burdensome to EPA and the
regulated community. Some
commenters argued that the public does
not have enough information to
participate in the process.
In today's final rule, EPA establishes
a process to allow the public the
opportunity to provide input on a
voluntary basis and welcomes such
involvement. The Agency has decided
to broaden the language in
§ 112.20(f)(2)(ii) from the proposed rule
to clarify that other government
agencies in addition to the public may
provide information to RAs for the
determination of substantial harm and
that the RA shall consider such
petitions and respond in an appropriate
amount of time. The Agency believes
that information provided by the public
and other government agencies will
assist rather than burden the RA.
However, reviewing non-transportation-
related facilities' response plans for
approval is a governmental function
delegated to EPA.
EPA wishes to clarify that it is not
necessary for petitioners to determine
quantitatively whether the facility meets
one of the specific criteria in
§ 112.20(f)(l), but rather to provide a
reasonable basis, from the factors in
§ 112.20(f)(2)(i), for asserting that the
facility may pose a risk to the
environment. A petition that fails to
document the reasons why a facility
should be classified as a "substantial
harm facility" (e.g., the facility is near
a drinking water supply or a priority
sensitive environment listed in an ACP,
the facility has a history of frequent
spills or poor maintenance, etc.) may
not be considered by the RA. However,
petitioners would not have to provide
detailed analyses and calculations.
Other avenues of participation for the
public in the response planning process
include involvement in the ACP
development process or participation in
theLEPC.
Determination of Significant and
Substantial Harm
As discussed in Section II. A of this
preamble, RAs will review submitted
plans to identify facilities that are
"significant and substantial harm
facilities" using the substantial harm
factors set out in § 112.20{f)(2), and
additional significant and substantial
harm factors in § 112.20(f)(3).
Several commenters supported the
proposed factors to determine
significant and substantial harm,
indicating that EPA's use of risk-based
screening criteria for substantial harm
and significant and substantial harm
determinations would reduce the
prospect of excessive regulation for
those facilities that do hot pose a
significant risk. Others indicated that
EPA should define more clearly the
criteria that the RA would use to
determine significant and substantial
harm to help ensure consistent
application of the criteria both within
an EPA Region and across EPA Regions.
Several commenters suggested that EPA
develop a screening mechanism that
would provide the RA with some
concrete guidelines to follow but still
allow some latitude/to exercise his or
her expert judgment.
EPA Headquarters has provided
written guidance 5 to Regional personnel
to assist them to determine which
facilities are "significant and substantial
harm facilities." The guidance provides
a series of screens and instructions on
how to evaluate the risk factors
included at § 112.20(f)(3) of today's rule.
In general, the screens provide various
combinations of the risk factors that
indicate increased levels of risk posed
by a .particular facility. For example, a
facility that has an oil storage capacity
greater than 1 million gallons and meets
more than one of the risk-based criteria
described in §112.20(f)(l)(ii) (A)
through (D) would be a "significant and
substantial harm facility." The guidance
document will help ensure a greater
degree of consistency in Regional
determinations of "significant and
substantial harm facilities," but
preserves the RA's ability to make case-
by-case determinations based on unique
facility- or location-specific concerns.
One commenter noted that EPA and
the USCG chose different approaches for
separating "substantial harm facilities''
and "significant and substantial harm
facilities." The commenter said that
EPA's case-by-case determination of
significant and substantial harm is more
subjective than the USCG's, and has the
potential for treating facility owners
unequally.
EPA believes that its approach to
determine substantial harm and
significant and substantial harm is
consistent with the OPA and does not
diverge from the USCG's approach. The
agencies' approaches are parallel in that
each accounts for the higher risk of
harm associated with transfers of high
9 "Interim Guidance for the Determination of
Significant and Substantial Harm." U.S. EPA, June
15,1993. Available for inspection in the Superhind
Docket, Room M261S. at the U.S. Environmental
Protection Agency, 401 M Street, SW., Washington,
DC 20460.
volumes of oil over water (i.e., at
locations adjacent to navigable waters).
Because EPA regulates a larger and more
diverse universe of facilities than the
USCG, it would be difficult to publish
a few general criteria that include the
majority of high-risk facilities without
also including many low-risk facilities.
Therefore, as discussed previously, EPA
decided to implement a substantial
harm selection process with two '
components (i.e., published criteria and
an RA determination). The OPA
Conference Report explicitly states that
significant and substantial harm criteria
should include, at a minimum, oil
storage capacity, location of fish and
wildlife and sensitive environments,
and location of potable water supplies.
(H.R. Rep. No. 101-653,101st Cong., 2d
Sess. 1991 at p. 150.) These criteria are
among the elements the RAs may
consider, as set forth in §§ 112.20(f) (1)
and (2) in making the significant and
substantial harm determination.
Further, where the Conference Report
states that the criteria should not result
in selection of facilities based solely on
the size or age of storage tanks (See H.R.
Rep. No. 101-653,101st Cong., 2d Sess.
1990 at p. 150), it implies that these may
be among the criteria. EPA does not
agree that its case-by-case approach to
identify a "significant and substantial .
harm facility" is overly subjective. As
previously discussed, EPA has provided
written guidance to Regions on the
determination of significant and
substantial harm to promote a more
objective and consistent approach
across all EPA Regions.
As the President's designee for
regulating non-transportation-related
onshore facilities, EPA has decided that
Region-specific and facility-specific
information is relevant in the
determination of significant and
substantial harm, because these
elements may vary materially between
Regions and facilities. For example,
.some facilities may be located on karst
or unstable terrain because of the
presence of underground streams or
fault lines while other facilities are
situated on more stable terrain where
the risk of discharge may be lower..
Some commenters argued that the RA
should review and approve plans
submitted by "substantial harm
facilities." They indicated that without
such approval, these plans are likely to
vary widely in their capacity to assure
adequate response, and may even
propose inappropriate use of
dispersants or other treatment
technologies.
EPA agrees that a review of plans
from "substantial harm facilities" may
be desirable. The OPA legislative
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Federal Register / Vol. 59, No. 126. / Friday, July 1, 1994 / Rules and Regulations
history indicates that criteria should be
developed to select for review and
approval plans for onshore facilities that
could cause both significant and
substantial harm. (See H.R. Rep. No.
101-653,101st Cong., 2d Sess. 1990 at
p. 150.) Congress expected that only
some proportion of all submitted
onshore facility response plans would
be reviewed and approved. The highest
priority for EPA's use of limited
resources must be directed to those
facilities on which Congress has '
focused. The Agency has and will
continue to undertake a limited review
of all plans to identify "significant and
substantial harm facilities."
Submission and Resubmission Process
In §§ 112.20(a)(2)(ii) and (iii) of the
proposed rule, EPA proposed that newly
constructed or modified facilities,
which become subject to the response
plan requirements, must prepare and
submit a response plan prior to the start
of operations of the new facility or
modified portions of the facility. For
unplanned changes that result in a
facility meeting the substantial harm
screening criteria, EPA proposed to
allow the facility owner or operator six
months to prepare and submit a
response plan. Several commenters
urged EPA to give owners and operators
time following completion of
construction or modification to prepare
and submit a response plan to EPA
(implying that operations should be
allowed to proceed before submission of
the response plan). Most commenters
felt that the six-month time period was
sufficient for submitting a facility
response plan after unplanned changes.
EPA does not require owners or
operators to prepare and submit a plan
before beginning or completing
construction, but prior to the handling,
storing, or transporting of oil. An owner
or operator can prepare a plan during
the construction phase, and complete
and submit it before the facility is ready
to come on line. EPA recognizes that
changes to a facility's operations are
common during the start-up phase of a
new facility or new component of a
facility. As stated in the proposed rule
preamble (58 FR 8829), adjustments to
the response plan can be made and
submitted to the Agency after an
operational trial period of 60 days. In
today's final rule, the Agency adds this
recommendation as a requirement at
§112.20(a)(2)(ii)and(iii)
(§ 112.20(a)(2)(i)(B) and (C) of the
proposed rule) and clarifies that
adjustments to the plan to reflect
changes that occur at the facility during
the start-up phase must be submitted
after an operational trial period of 60
days. EPA believes that this revision
will ensure that the information
contained in the plan is reflective of the
normal operating conditions at the
facility.
Section 311(j)(5)(C) of the CWA states
that facility response plans must be
updated periodically, and under section
311(j)(5)(D), EPA (as the President's
delegatee) is required to review
periodically, and, if appropriate,
approve each plan for a "significant and
substantial harm facility." In
§ 112.20(g), the proposed rule provided
that owners or operators must review
relevant portions of the NCP and ,
applicable ACP annually and revise the
response plan to ensure consistency
with these plans. Section 112.20(g) of
the proposed rule also proposed to
require owners or operators to update
their plans periodically when changes at
the facility warrant such updates. In
§ 112.20(c), the proposed rule stated that
the RA would review periodically
response plans for "significant and
substantial harm facilities." No other
specific time periods for plan review
were proposed, but in the preamble EPA
solicited comments on how frequently
the RA should review approved
response plans.
Several commenters suggested that
the rule should provide definite time
periods for plan review, and some
supported annual plan review by each
facility. Many commenters had an
opinion about the frequency of review
of approved plans by the RA. Some
supported a three-year time period, but
the majority preferred five years. A few
commenters expressed concern that
specific reevaluation and reapproval
intervals were not part of the proposed
rule.
As described in the proposed rule, the
owner or operator of a "substantial harm
facility" must review the NCP and the
ACP annually and revise the plan, if
necessary, to be consistent with these
documents. (See § 112.20(g)(2).) To
clarify other review requirements, EPA
has reorganized § 112.2ti(g) by removing
the requirement for periodic review and
update of the plan from paragraph (g)(l)
and moving it to new paragraph (g)(3).
In § 112.20(c) of the final rule, EPA
revises paragraph (c)(4) to indicate that
approved plans will be reviewed by the
RA periodically on a schedule
established by the RA provided that the
period between .plan reviews does not
exceed five years. As discussed
previously, RAs may choose to stagger
such reviews to facilitate the review
process. This five-year time period is
consistent with the USCG interim final
rule for MTR facilities. (See 33 CFR part
154.) Within the five-year period, EPA
will undertake a'full reevaluation of the
plan and, if necessary, require
amendments. With regard to
commenters' concerns that specific
review intervals were not identified in
the proposal, periodic review is
expressly required by OPA, and EPA
requested comment on what review
interval would be appropriate (See 58
FR 8828).
Proposed § 112.20(d) would require
owners or operators of "significant and
substantial harm facilities" to revise and
resubmit the plan for approval within
60 days of each material change at the
facility. EPA revises § 112.20(d)(l) to
indicate that owners or operators of all
facilities for which a response plan is
required ("substantial harm facilities"
and "significant and substantial harm
facilities") must revise die plan (and
resubmit relevant portions to the RA)
when there are facility changes that
materially may affect the response to a
worst case discharge. This change is
necessary to ensure that EPA receives
the necessary information to determine
if "substantial harm facilities" undergo
changes that could lead to their being
designated as "significant and
substantial harm facilities." The
requirement for the RA to review for
approval changes to plans for
"significant and substantial harm
facilities" that was proposed at
§ 112.20(d)(l) has been moved to new
§ 112.20(d)(4). Some commenters
supported the 60-day time period, some
thought it was too short, and others
thought it was too long. One commenter
pointed out that proposed § 112.20(d)(2)
implied that material changes must be
approved prior to being made. A few
commenters requested clarification on
which material changes trigger
resubmission, and two commenters
opposed resubmitting the entire plan,
rather than a plan amendment. EPA
requested comments on the proposal in
§ 112.20(d)(2) that owners and operators
must submit changes to the emergency
notification list to the RA as these
changes occur, without resubmitting the
plan for approval. Some commenters
supported the proposal and others
opposed it as an unnecessary burden.
As stated in the preamble to the
proposed rule, a material change is one
that could affect the adequacy of a
facility's response capabilities. The
material changes listed in the final rule
are not inclusive, but are similar to
those in the USCG regulations at 33 CFR
154.1065 for revisions that must be
submitted by a MTR facility for
inclusion in an existing plan or for
approval. Because of the scope of
facilities that EPA regulates, it is
difficult to provide a definitive list of all
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Federal Register / Vol. 59. No. 126 / Friday, July 1. 1994 / Rules and Regulations 34131
containment area, whichever is greater.
For purposes of the worst case discharge
calculation, permanently manifolded oil
storage tanks that are separated by
internal divisions for each tank are
considered to be single tanks and
individual manifolded tank volumes are
not combined.
1.6 Discharge Detection Systems
In this section, the facility owner or
operator shall provide a detailed
description of the procedures and
equipment used to detect discharges. A
section on spill detection by personnel
and a discussion of automated spill
detection, if applicable, shall be
included for both regular operations and
after hours operations. In addition, the
facility owner or operator shall discuss
how the reliability of any automated
system will be checked and how
frequently the system will be inspected.
1.6.1 Discharge Detection by Personnel
In this section, facility owners or
operators shall describe the procedures
and personnel that will detect any spill
or uncontrolled discharge of oil or
release of a hazardous substance. A
thorough discussion of facility
inspections must be included. In
addition, a description of initial
response actions shall be addressed.
This section shall reference section 1.3.1
of the response plan for emergency
response information.
1.6.2 Automated Discharge Detection
In this section, facility owners or
operators must describe any automated
spill detection equipment that the
facility has in place. This section shall
include a discussion of overfill alarms,
secondary containment sensors, etc. A
discussion of the plans to verify an
automated alarm and the actions to be
taken once verified must also be
included.
1.7 Plan Implementation
In this section, facility owners or
operators must explain in detail how to
implement the facility's emergency
response plan by describing response
actions to be carried out under the plan
to ensure the safety of the facility and
to mitigate or prevent discharges
described in section 1.5 of the response
plan. This section shall include the
identification of response resources for
small, medium, and worst case spills;
disposal plans; and containment and
drainage planning. A list of those
personnel who would be involved in the
cleanup shall be identified. Procedures
that the facility will use, where
appropriate or necessary, to update their
plan after an oil spill event and the time
frame to update the plan must be
described.
1.7.2 Response Resources for Small,
Medium, and Worst Case Spills
1.7.1.1 Once the spill scenarios have
been identified in section 1.5 of the
response plan, the facility owner or
operator shall identify and describe
implementation of the response actions.
The facility owner or operator shall
demonstrate accessibility to the proper
response personnel and equipment to
effectively respond to all of the
identified spill scenarios. The
determination and demonstration of
adequate response capability are
presented in Appendix E to this part. In
addition, steps to expedite the cleanup
of oil spills must be discussed. At a
minimum, the following items must be
addressed:
(1) Emergency plans for spill
response;
(2) Additional response training;
(3) Additional contracted help;
, (4) Access to additional response
equipment/experts; and
(5 J Ability to implement the plan
including response training and practice
drills.
1.7.1.2A recommended form detailing
immediate actions follows.
Oil Spill Response—Immediate
Actions
1. Stop the product
flow.
2. Warn personnel
3. Shut off ignition
sources.
4. Initiate containment
5. Notify NRC
6. Notify OSC
7. Notify, as appro-
priate
Act quickly to secure
pumps, close
valves, etc.
Enforce safety and
security measures.
Motors, electrical cir-
cuits, open flames,
etc.
Around the tank and/
or in the water with
oil boom.
1-800-424-8802
Source: FOSS. Oil Spill Respo
r 3. 199$.
dure*. Re
.
d De
rgency Proce-
1.7.2 Disposal Plans
1.7.2.1 Facility owners or operators must
describe how and where the facility intends
to recover, reuse, decontaminate, or dispose
of materials after a discharge has taken place.
The appropriate permits required to transport
or dispose of recovered materials according
to local. State, and Federal requirements
must be addressed. Materials that must be
accounted for in the disposal plan, as
appropriate, include:
(1) Recovered product;
(2) Contaminated soil;
(3) Contaminated equipment and materials,
including drums, tank parts, valves, and
shovels;
(4) Personnel protective equipment;
(5) Decontamination solutions;
(6) Adsorbents; and .
(7) Spent chemicals. "
1.7.2.2 These plans must be prepared in
accordance with Federal (e.g., the Resource
Conservation and Recovery Act [RCRAD,
State, and local regulations, where
applicable. A copy of the disposal .plans from
the facility's SPCC Plan may be inserted with
this section, including any diagrams in. those
plans.
Material
1.
2.
3.
4. , .
Disposal fa-
cility
Location
RCRA per-
mit/manifesl
1.7.3 Containment and Drainage Planning
A proper plan to contain and control a spill
through drainage may limit the threat of
harm to human health and the environment.
This section shall describe how to contain
and control a spill through drainage,
including:
(1) The available volume of containment
(use the information presented in section
1.4.1 of the response plan):
(2) The route of drainage from oil storage
and transfer areas;
(3) The construction materials used in
drainage troughs;
(4) The type and number of valves and
separators used in the drainage system;
(5) Sump pump capacities;
(6) The containment capacity of weirs and
booms that might be used and their location
(see section 1.3.2 of this appendix); and
(7) Other cleanup materials.
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
plan, and ensure greater consistency
with the response plan rules of other
Federal agencies.
In the proposed rule, EPA proposed
that owners or operators identify and
describe the duties of the facility's
"emergency response coordinator" in
the facility response plan. This person
was to be the "qualified individual"
required by section 311(j) of the CWA.
and would have full authority,
including contracting authority, to
implement removal actions. Proposed
§ 112.20(h)(3)(ix) set out the duties of
the emergency response coordinator.
The USCG's interim final rule (58 FR
7330, February 5,1993) requires the
owner or operator to name a "qualified
individual" who has the duties of EPA's
"emergency response coordinator."
Several commenters suggested EPA and
the USCG adopt uniform terms in their
final rules for identifying this
individual. One commenter specifically
suggested that EPA replace "emergency
response coordinator" with the USCG's
term, "qualified individual."
EPA agrees, and has changed the term
"emergency response coordinator"
wherever it appears in today's rule to
"qualified individual." Although EPA is
not amending the necessary
qualifications or description of duties
for the qualified individual, the Agency
• stresses that the qualified individual
should be able to respond immediately
(i.e., within 2 hours) to a spill at the
facility.
In section 1.1 of Appendix G of the
proposed rule (Appendix F in the final
rule), the Agency indicated the
Emergency Response Action Plan
(ERAP) shall include a description of
immediate actions, and referenced
section 1.7 of the model plan. Several
commenters requested clarification on
what should be described in this
, section. To clarify what constitutes a
description of immediate actions, EPA
has changed the reference for immediate
actions to section 1.7.1, which focuses
on the implementation of response
actions. For the purpose of the ERAP,
immediate actions include, at a
minimum: (1) Stopping the flow of
spilled material (e.g., securing pumps,
closing valves); (2) warning personnel;
(3) shutting off ignition sources (e.g.,
motors, electrical circuits, open flames);
(4) initiating containment; (5) notifying
the National Response Center; and (6)
notifying appropriate State and local
officials. A sample form for describing
immediate actions in the plan is also
included in Appendix F.
In § 112.20(h)(3)(vii) of the proposed
rule, EPA proposed to require facility
owners or operators to include plans for
evacuation of facilities and surrounding
communities to ensure the safety of
individuals that are at high risk in the
event of a spill or other release (this
information was also to be included in
the emergency response action plan).
Several commenters stated that
requiring facilities to assume primary
responsibility for the development of
evacuation plans for the surrounding
community is unreasonable. These
commenters stated that Federal, State,
and local agencies, which have
expertise in emergency evacuation, are
responsible for the preparation and
implementation of community
evacuation plans.
EPA does not intend for facilities to
develop community evacuation plans,
but any plans affecting the area
surrounding the facility must be
referenced in the response plan.
Sections 112.20 (h)(l)(vi) and (h)(3)(vii)
are revised to clarify the requirement to
reference community evacuation plans.
Facility owners or operators should
contact the Fire Department and LEPC
to assure coordination with existing
community evacuation plans.
In section 1.4.3 of proposed Appendix
G (Appendix F in this final rule), EPA
recommended that facility owners or
operators complete a quantitative
analysis of spill potential to aid in
developing discharge scenarios and
response techniques, and consider
factors such as tank age, spill history,
horizontal range of a potential spill, and
vulnerability to natural disasters.
Several commenters stated that' the
analysis was unnecessary and
burdensome, and requested guidance
about the level of effort the Agency
expects to be expended to analyze a
facility's spill potential (e.g., tank by
tank evaluation, general site study).
In response to commenters' concerns,
EPA has reworded section 1.4.3 of the
appendix by deleting the word
"quantitative" from the description of
the spill probability analysis. This
should decrease the burden on the
regulated community by giving facility
owners and operators the flexibility to
determine what factors to consider and
allowing them to perform a more
general analysis, including quantitative
and/or qualitative factors, using the
information in section 1.4.3 of the
model plan as a guide.
In section 1.8 of Appendix G of the
proposed rule, EPA proposed to require
facilities to maintain training and
meeting logs in the response plan to aid
facility owners, operators, and
employees in spill prevention
awareness and response requirements.
Several commenters stated that
including logs within the response plan
would detract from their effectiveness.
In response to these commenters'
concerns, the Agency indicates in
§ 112.20(h)(8)(iv) and in Appendix F of
the final rule that logs may be included
in the facility response plan or kept as
an annex to the plan.
To facilitate the review of response
plans for complexes, EPA requires in
today's final rule that the owner or
operator of a complex identify, on the
facility diagram submitted with the
response plan, the interface between
portions of the complex that are
regulated by different agencies. (See
section 1.9 of Appendix F.) EPA
requires this interface to be consistent
with the USCG's interim final rule for
MTR facilities.
Facility Response Plan Certification
In Section III.G of the preamble to the
proposed rule, EPA requested comment
on a requirement for certification by a
Registered Professional Engineer (PE)
for certain portions of the response plan,
such as determination of worst case
discharge. EPA also solicited comment
on which professions may be suitable to
evaluate and certify the contents of the
response plan if EPA determines a
certification requirement is appropriate.
In particular, the Agency requested
comment on the suitability of Certified
Hazardous Materials Managers to
perform the plan certification function.
The Agency received many comments
on the issue of certification of response
plans. In general, commenters expressed
support for the rulemaking effort and
the certification provision, and sought
EPA's consideration on the suitability of
different professions to review and
approve response plans. Among the '
remaining commenters (those not
affiliated with an environmental
professional organization), almost two-
thirds felt that certification was
unnecessary and cited cost, PE's
unfamiliarity with the facility, and EPA
review as the major reasons for their
opposition. Some commenters indicated
that, at most, certification should be
limited to construction or structural
aspects of the facility described in the
response plan, because oil spill
response training and knowledge is not
widespread among many environmental
professionals. Others said they would
favor certification only if an in-house
employee could perform the function. In
addition, many commenters who
supported the certification provision
requested that EPA develop uniform
standards for certifying, ranking, and
approving the use of different types of
environmental professionals.
The Agency considered these
comments and has decided not to
require plan certification by an outside
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1.8.13 Response Equipment Inspection
Using the Emergency Response Equipment
List provided in section 1.3.2 of the response
plan, describe each type of response
equipment, checking for the following:
Response Equipment Checklist
1. Inventory (item and quantity);
2. Storage location;
3. Accessibility (time to access and
respond);
4. Operational status/condition;
RESPONSE EQUIPMENT INSPECTION LOG
S. Actual use/testing (last test date and
frequency of testing); and
6. Shelf life (present age, expected
replacement date).
Please note any discrepancies between this
list and the available response equipment.
[Use section 1.3.2 of the response plan as a checklist]
Inspector
Date
Comments
1,0.1.3 Secondary Containment Inspection
Inspect the secondary containment (as
described in sections 1.4.1 and 1.7.2 of the
response plan), checking the following:
Secondary Containment Checklist
1. Dike or berm system.
A. Level of precipitation in dike/available
capacity; .
B. Operational status of drainage valves;
C Dike or berm permeability,
D. Debris;
E. Erosion;
F. Permeability of the earthen floor of
diked area: and
G. Location/status of pipes, inlets, drainage
beneath tanks, etc.
2. Secondary containment
A. Cracks;
B. Discoloration;
C Presence of spilled or leaked material
(standing liquid);
D. Corrosion; and
E. Valve conditions.
3. Retention and drainage ponds
A. Erosion;
B. Available capacity;
C Presence of spilled or leaked material;
D. Debris; and
E. Stressed vegetation.
During inspection, make note of
discrepancies in any of the above
mentioned items, and report them
immediately to the proper facility
personnel. Similar requirements exist in
40 CFR 112.7(e). Duplicate information
from the SPCC Plan may be photocopied
and inserted in this section.
1.8.2 Facility Drills/Exercises
(A) CWA section 311(j)(5). as amended by
OPA, requires the response .plan to contain
a description of facility drills/exercises.
According to 40 CFR 112.21(c), the facility
owner or operator shall develop a program of
facility response drills/exercises, including
evaluation procedures. Following the PREP
guidelines (see Appendix E to this part,
section 10, for availability) would satisfy a
facility's requirements for drills/exercises
under this part. Alternately, under
§ 112.21(c), a facility owner or operator may
develop a program that is not based on the
PREP guidelines. Such a program is subject
to approval by the Regional Administrator
based on the description of the program
provided in the response plan.
(B) The PREP Guidelines specify that the
facility conduct internal and external drills/
exercises. The internal exercises include:
qualified individual notification drills, spill
management team tabletop exercises,
equipment deployment exercises, and
unannounced exercises. External exercises
include Area Exercises. Credit for an Area or
Facility-specific Exercise will be given to the
facility for an actual response to a spill in the
area if the plan was utilized for response to
the spill and the objectives of the Exercise
were met and were properly evaluated,
documented and self-certified.
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
available that the demand for their
services to meet worst case discharge
planning volumes would place an
undue financial burden on facility
owners and operators who must procure
• those services. Another commenter
suggested a revision to the definition to
delegate authority to the RA to decide
what "maximum extent practicable"
means. Some said that EPA should
revise the definition to make it more
consistent with the USCG's.
EPA has factored costs into the
definition of maximum extent
practicable through procedures
contained in Appendix E to today's rule
to be used by owners or operators to
determine appropriate levels of
response resources. (As discussed later
in this preamble, the requirements in
Appendix E were prepared from a
similar set of instructions developed by
the USCG.) For example, in determining
what is "practicable," Appendix E sets
caps for the facility on the amount of
response resources for which a facility
owner or operator must contract or
ensure by other approved means. These
caps reflect the limits of currently
available technology and private
removal capabilities, and will be
adjusted .upward to reflect anticipated
increases in private removal capabilities
through the year 2003. Appendix E also
includes tiered arrival times for
response resources so that a facility
owner or operator does not have to plan
for all required resources to be located
at the facility or in its immediate area.
With regard to the involvement of
Federal response resources in
determining maximum extent
practicable, EPA notes that a major
objective of the OPA amendments to
section 311(j)(5) of the CWA is to create
a system in which private parties supply
the bulk of response resources needed
for an oil spill response in a given area.
A worst case discharge will likely
require the use of both public and
private resources. However, section
311(j)(5)(C)(iii) states specifically that a
facility owner or operator must identify
and ensure by contract or other
approved means the availability of
private personnel and equipment
necessary to remove to the maximum
extent practicable a worst case
discharge. EPA cannot, in defining
"maximum extent practicable," abrogate
this statutory requirement.
In response to the comment that the
rule will benefit response contractors at
great cost to owners and operators, EPA
notes that the statute requires owners
and operators to ensure the availability
of private resources. In setting out four
ways to ensure availability (only one of
which is a written contractual
agreement), EPA has attempted to give
private parties the maximum possible
flexibility to construct arrangements to
meet this statutory objective.
EPA agrees with the commenters who
suggested that the definition of
maximum extent practicable be made
more consistent with the USCG's and
that the RA have the ability to evaluate
"maximum extent practicable" in a
given Region. Therefore, in § 112.2 of
the final rule, the definition of
"maximum extent practicable" is
revised to be more consistent with the
USCG's and to include a provision on
RA authority.
Other Definitional Changes
Commenters suggested that EPA and
the USCG should better coordinate
certain parts of their respective
regulations to allow complexes to follow
a single set of requirements. As
discussed in Section I.C of this
preamble, EPA and the USCG
participated in a series of cross-agency
meetings to facilitate consistency in
response plan requirements. In today's
final rule, EPA has revised the
definitions of "adverse weather" and
"contracts or other approved means" in,
§ 112.2 of the rule; added a definition of
"oil spill removal organization" in
§ 112.2 of the rule; and revised "Great
Lakes," "higher volume port area," and
"inland area" in Appendix C of the rule
to more closely follow the USCG's
definitions in its interim final rule for
MTR facilities. In addition, EPA adds to
Appendix E definitions for the terms
"nearshore," "ocean," "operating area,"
and "operating environment," also
adopted from the USCG's interim final
rule for MTR facilities. These revisions
are conforming changes and are for the
most part non-substantive. A summary
of the changes follows. (The definitions
of "contracts or other approved means"
and "oil spill removal organization" are
discussed elsewhere in this preamble.)
• The definition of "adverse weather"
is revised to include references to
weather conditions such as wave height,
ice conditions, temperatures, weather-
related visibility, and currents within
the area in which the equipment is to
function. These changes result in an
expanded definition of "adverse
weather" that is as consistent as
possible with the USCG definition of the
same term, that incorporates relevant
weather conditions which contribute to
adverse weather, and that maintains a
standard against which to evaluate
weather conditions.
• A definition of "oil spill removal
organization" (OSRO) has been added,
because this term is included in the
definition of "contract or other
approved means."
• The definition of "Great Lakes" is
revised to match the USCG's definition.
• The definition of "higher volume
port area" was revised to add several
port areas contained in the USCG's
definition.
• The definition of "inland area" was
changed to remove rivers and canals
from the water bodies that are excluded
in the USCG's definition.
• The definition of "nearshore" was
added to ensure greater consistency
with the USCG's interim final rule for
MTR facilities and facilitate the use of
Appendix E.
• The definition of "ocean" as it
applies to facilities in EPA's jurisdiction
was added to be consistent with the
USCG's interim final rule for MTR
facilities and facilitate the use of
Appendix E. "Ocean" describes the
operating environment normally found
in nearshore areas.
, • The definition of "operating area"
was added to be consistent with the
USCG's interim final rule for MTR
facilities and facilitate the use of
Appendix E. "Operating area" means
the geographic location in which a. .
facility is handling, storing, or
transporting oil. The four operating
areas applicable to EPA's jurisdiction
are Rivers and Canals, Inland Areas,
Nearshore, and Great Lakes. The
operating area classification may not be
changed by the OSC and the boundaries
of each area are specified in their
definition.
• The definition of "operating >
environment" was added to be
consistent with the USCG's interim final
rule for MTR facilities and facilitate the
use of Appendix E. "Operating
environment" means the conditions in
which the response equipment is
designed to function. The four operating
environments are Rivers and Canals,
Inland Areas, Great Lakes, and Oceans.
The OSC may reclassify a specific body
of water in the ACP to better reflect
conditions expected to be encountered
in an operating area during response
activities.6
• The conditions present in each operating
environment (i.e., significant wave height and sea
state) are listed in Table 1 of Appendix E and will v
normally be conditions present in each
corresponding operating area. For example, en
owner or operator whose facility is located on a
river (i.e.. the Rivers and Canals operating area) will
normally have to plan to respond to a spill using
equipment capable of functioning in the Rivers and
Canals operating environment, (i.e., the conditions
described by a significant wave height of less than
or equal to 1 foot or a sea state of 1). The Ocean
operating environment normally describes the
conditions present in the Nearshore operating area
(i.e., significant wave height of less than or equal
to 6 feet and a sea state between 3 and 4). While
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994, / Rules and Regulations 34135
1.9 Diagrams
The facility-specific response plan shall
include the following diagrams. Additional
diagrams that would aid in the development
of response plan sections may also be '
included.
(1) The Site Plan Diagram shall, as
appropriate, include and identify:
(A) the entire facility to scale;
(B) above and below ground bulk oil
storage tanks;
(C) the contents and capacities of bulk oil
storage tanks;
(D) the contents and capacity of drum oil
storage areas;
(E) the contents and capacities of surface
impoundments;
(F) process buildings;
(G) transfer areas;
(H) secondary containment systems
(location and capacity);
(I) structures where hazardous materials
are stored or handled, including
materials stored and capacity of storage;
(J) location of communication and
emergency response equipment;
(K) location of electrical equipment which'
contains oil; and
(L) for complexes only, the interface(s) (i.e.,
valve or. component) between the portion
of the facility regulated by EPA and the
portion(s) regulated by other Agencies.
In most cases, this interface is defined as
the last valve inside secondary
containment before piping leaves the
secondary containment area to connect
to the transportation-related portion of
the facility (i.e., the structure used or
intended to be used to transfer oil to or
from a vessel or pipeline). In the absence
of secondary containment, this interface
is the valve manifold adjacent to the tank
nearest the transfer structure as
described above. The interface may be
defined differently at a specific facility if
agreed to by the RA and the appropriate
Federal official.
(2) The Site Drainage Plan Diagram shall, as
appropriate, include:
(A) major sanitary and storm sewers,
manholes, and drains;
(B) weirs and shut-off valves;
(Q surface water receiving streams;
(D) fire fighting water sources;
(E) other utilities;
(F) response personnel ingress and egress;
(G) response equipment transportation
routes; and
(H) direction of spill flow from discharge
points.
(3) The Site Evacuation Plan Diagram shall,
as appropriate, include:
(A) site plan diagram with evacuation
route(s); and
(B) location of evacuation regrouping areas.
1.10 'Security
According to 40 CFR 112.7(e)(9), facilities
are required to maintain a certain level of
security, as appropriate. In this section, a
description of the facility security shall be
provided and include, as appropriate:
(1) emergency cut-off locations (automatic or
manual valves);
(2) enclosures (e.g., fencing, etc.);
(3) guards and their duties, day and night;
(4) lighting;
(5) valve and pump locks; and
(6) pipeline connection caps.
The SPCC Plan contains similar information.
Duplicate information may be photocopied
and inserted in this section.
2.0 Response Plan Cover Sheet
A three-page form has been developed to
be completed and submitted to the RA by
owners or operators who are required to
prepare and submit a facility-specific
response plan. The cover sheet (Attachment
F-l) must accompany the response plan to
provide the Agency with basic information
concerning the facility. This section will
describe the Response Plan Cover Sheet and
provide instructions for its completion.
2.1 Page One—General Information
Owner/Operator of Facility: Enter the name
of the owner of the facility (if the owner is
the operator). Enter the operator of the
facility if otherwise. If the owner/operator of
the facility is a corporation, enter the name
of the facility's principal corporate executive.
Enter as much of the name as will fit in each
section.
(1) Facility Name: Enter the proper name
of the facility.
(2) Facility Address: Enter the street
address, city. State, and zip code.
(3) Facility Phone Number: Enter the phone
number of the facility.
(4) Latitude and Longitude: Enter the
facility latitude and longitude in degrees,
minutes, and seconds.
(5) Dun and Bradstreet Number: Enter the
facility's Dun and Bradstreet number if
available (this information may be obtained
from public library resources).
(6) Standard Industrial Classification (SIC)
Code: Enter the facility's SIC code as
determined by the Office of Management and
Budget (this information may be obtained
from public library resources).
(7) Largest Oil Storage Tank Capacity:
Enter the capacity in GALLONS of the largest
aboveground oil storage tank at the facility.
(8) Maximum Oil Storage Capacity. Enter
the total ™»«toff«m capacity in GALLONS of
all aboveground oil storage tanks at the
facility.
(9) Number of Oil Storage Tanks: Enter the
number of all aboveground oil storage tanks
at the facility.
. (10) Worst Case Discharge Amount: Using
information from the worksheets in
Appendix D, enter the amount of the wont
case discharge in GALLONS.
(11) Facility Distance to Navigable Waters:
Mark the appropriate line for the nearest
distance between an opportunity for
discharge (i.e., oil storage tank, piping, or
fiowline) and a navigable water.
2.2 Page Two—Applicability of Substantial
Harm Criteria
Using the flowchart provided in
Attachment G-l to Appendix C to this part,
mark the appropriate answer to each
question. Explanations of referenced terms
can be found in Appendix C to this part If
a comparable formula to the ones described
in Attachment C-m to Appendix C to this
part is used to calculate the planning
distance, documentation of the reliability and
analytical soundness of the formula must be
attached to the response plan cover sheet
2.3 Page Three—Certification
Complete this block after all other
questions have been answered.
3.0 Acronyms
ACP: Area Contingency Plan
ASTM: American Society of Testing
Materials
bbls: Barrels
bpd: Barrels per Day
bph: Barrels per Hour
CHRIS: Chemical Hazards Response
Information System
CWA: Clean Water Act
• DOI: Department of Interior
DOC: Department of Commerce
DOT: Department of Transportation
EPA: Environmental Protection Agency
FEMA: Federal Emergency Management
Agency
FR: Federal Register
gal: Gallons
gpm: Gallons per Minute
HAZMAT: Hazardous Materials
LEPC: Local Emergency Planning Committee
MMS: Minerals Management Service (part of
DOI)
NCP: National Oil and Hazardous Substances
Pollution Contingency Plan
NOAA: National Oceanic and Atmospheric
Administration (part of DOC)
NRC: National Response Center
NRT: National Response Team
OPA: Oil Pollution Act of 1990
OSC On-Scene Coordinator
PREP: National Preparedness for Response
Exercise Program
RA: Regional Administrator
RCRA: Resource Conservation and Recovery
Act
RRG Regional Response Centers
RRT: Regional Response Team
RSPA: Research and Special Programs
Administration
SARA: Superfund Amendments and
Reauthorization Act
SERC State Emergency Response
' Commission
SOW A: Safe Drinking Water Act of 1986
SI: Surface Impoundment
SIC Standard Industrial Classification
SPCC Spill Prevention, Control, and
Countermeasures
USCG: United States Coast Guard
4.0 References
CONCAWE. 1982. Methodologies for
Hazard Analysis and Risk Assessment in the
Petroleum Refining and Storage Industry.
Prepared by CONGAWE's Risk Assessment
Ad-hoc Group.
U.S. Department of Housing and Urban
Development. 1987. Siting of HUD-Asslsted
Projects Near Hazardous Facilities:
Acceptable Separation Distances from
Explosive and Flammable Hazards. Prepared
by the Office of Environment and Energy,
Environmental Planning Division,
Department of Housing and Urban
Development. Washington. DC
U.S. DOT. FEMA and U.S. EPA. Handbook
of Chemical Hazard Analysis Procedures.
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34088 Federal Register / Vol. 59, No. 126 / Friday. July 1, 1994 / Rules and Regulations
approach to determine response
resources for non-petroleum oils.
This adaptation means that in
calculating required response resources
for non-petroleum facilities, an owner or
operator will not use emulsification or
evaporation factors in Table 3 of
Appendix E. Rather, these facility
owners or operators must: (1) Show
procedures and strategies for responding
to the maximum extent practicable to a
worst case discharge; (2) show sources
of equipment and supplies necessary to
locate, recover, and mitigate discharges;
(3) demonstrate .that the equipment
identified will work in the conditions
expected in the relevant geographic
areas, and respond within the required
times (according to Table 1 of Appendix
E); and (4) ensure the availability of
required resources by contract or other
approved means. At such time as there
are results from research on such factors
as emulsification or evaporation of non-
petroleum oil, additional changes may
be made to the rule for response
resources for response planning for non-
petroleum oil facilities. Section 7.7 has
been added to Appendix E to reflect
these changes.
Several commenters noted that the
statutory definition of oil includes a
wide variety of oils, such as petroleum
oils and non-petroleum oils that can
affect the environment by a variety of
mechanisms. Response strategies
associated with non-petroleum oils may
differ from those associated with
petroleum oils. Therefore, EPA is
providing these definitions to assist
owners or operators in distinguishing
between oil types.
• Petroleum oil means petroleum in
any form including crude oil, fuel oil,
mineral oil, sludge, oil refuse, and
refined products.
• Non-petroleum oil means oil of any
kind that is not petroleum-based. It
includes animal fat, vegetable oil, and
other non-petroleum oil.
• Animal fat means a non-petroleum
oil, fat, or grease derived from animal
oils not specifically identified
elsewhere.
• Vegetable oil means a non-
petroleum oil or fat derived from plant
seeds, nuts, kernels or fruits not
specifically identified elsewhere.
• Other non-petroleum oil means a
non-petroleum oil of any kind that is
not generally an animal fat or vegetable
oil.
Additional changes made to the
equipment requirements to match the
USCG's requirements are as follows:
• Section 2.3.1 is added. This section
indicates that the RA may require
owners or operators to identify in the
facility response plan boom that meets
the boom criteria in Table 1 of
Appendix E. If documentation that the
boom meets the Table 1 criteria is
unavailable, the RA may require that the
boom be tested in accordance with
ASTM standards.
• The on-water speed for determining
the travel time to the site of the
discharge was adjusted from 10 knots to
5 knots in section 2.6 of Appendix E.
• A provision was added to section
3.3.1 of Appendix E for complexes with
a marine transfer component to provide
an amount of boom that is equal to two
times the length of the largest vessel that
transfers oil at the facility or 1,000 feet,
whichever is greater. For complexes, the
non-transportation-related portion of the
facility response plan need not include
reference to boom length if it is already
referenced in the MTR portion of the
facility response plan.
• Language was added to section 5.4
of Appendix E to indicate that facility
owners or operators whose planning
volume exceeds the caps in Table 5 of
Appendix E must identify sources of
additional equipment; and clarify that
facility owners or operators who have
identified USCG-classified OSROs are
not required to list specific quantities of
available equipment in their response
plan.
.• A provision was added to section
6.2 of Appendix E to allow the RA to
assign lower efficiency factors to
equipment when warranted.
• A provision was added to section
6.3 of Appendix E to allow the facility
owner or operator to use equivalent tests
of effective daily recovery rates when
approved by EPA.
• Section 6.4 has been renumbered to
6.3.2 and provisions added for RA
determination of acceptable alternative
efficiency factors and effective daily
recovery capacity.
• .Sections 7.4,7.6.3, and 7.7.5 are
added to clarify that owners or operators
must identify firafighting resources in
addressing response resources under the
plan.
• Criteria for containment boom in
the ocean operating environment were
added to Table 1 of Appendix E.
EPA considered whether to adopt
language in Appendix E to address the
use of dispersants and in-situ burning.
Some commenters suggested that the
Agency address these response
measures using Section 8 of the USCG's
Appendix C as a model. In today's final
rule, EPA has included some
information from Section 8 of the
USCG's Appendix C to address the use
of dispersants listed on the NCP Product
Schedule. Use of dispersants during
spill response will be based on the
provisions of the NCP7 and applicable
ACP. The USCG permits a limited offset
against required response resources if
the use of dispersants or in-situ burning
is part of the response strategy. EPA will
not include such an offset for non-
transportation-related facilities for two
reasons. To date, the ACPs do not allow
use of dispersants in inland waters and
a facility under EPA jurisdiction in a
coastal area cannot use dispersants
given the shallow water depth.
Verification of Response Capability
In the preamble to the proposed rule,
EPA stated that it may use various
methods (including an OSRO
certification or approval program)
during the plan review process to
evaluate the availability and adequacy
of personnel and equipment to respond
to a worst case discharge, to the
maximum extent practicable. The
Agency has reviewed the USCG OSRO
classification process. This is a
voluntary process Whereby OSROs can
submit a description of their resources
and capabilities to the USCG National
Strike Force Coordination Center and be
evaluated for classification according to
their capabilities. This process assists
vessel and facility owners trying to
locate appropriate resources, and
simplifies the planning process by
allowing these owners (who identify an
OSRO(s) to meet response resource
requirements) simply to list the OSRO(s)
and its classification in the response
plan, rather than list equipment
recovery, containment, and storage
resources in the plan. The Agency
specifically requested comments on the
criteria to evaluate OSRO agreements, a
mechanism for approving OSROs, and
the advisability of establishing an OSRO
approval process.
Most commenters agreed that EPA
should establish its own OSRO
classification process or use the USCG's
classification process to streamline the
development of facility response plans.
Many of these commenters agreed that
EPA should coordinate with the USCG
in planning such a program, if it is to
be different from the USCG's
classification process. Several
commenters specifically mentioned that
details of response resources should not
be required within the response plans.
These commenters felt that this
information would distract from the
emergency purpose of the document. A
few commenters offered additional
criteria to be used in the evaluation of
response resources. In dissent, some
'Facility owners or operators may call tba NCP
Hotlina at 202 260-2343 for information on the
currant NCP Product Schedule.
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations 34089
commenters requested a
"standardization approach" using
performance criteria instead of a
classification process.
EPA is not implementing a new OSRO
classification program at this time.
Facility owners or operators can rely on
the USCG OSRO classification process
or other appropriate OSRO evaluation
programs in place at the State level for
defined geographic areas (e.g., State of
Washington) to identify in the plan
resources to respond to a worst case
discharge, to the maximum extent
practicable. However, where the
provider of response resources is not a
USCG-classified OSRO (or State-
evaluated OSRO), RAs have the option
to perform their own evaluation or
verification to ensure that equipment is
available and is in proper condition. In
this evaluation, the RA may consider
several factors including: the proximity
of response resources to the facility; the
adequacy of equipment and personnel
resources; the OSRO's past performance
and safety record; the number of
additional facilities the OSRO has
agreed to support; knowledge of state-of-
the-art response techniques; knowledge
of local fish and wildlife and sensitive
environments and the ACP; the
adequacy of the incident command
structure; record-keeping practices for
personnel safety equipment; and
proficiency in spill management. This
evaluation may involve visiting such
organizations to determine whether
equipment is available and in good
working order. Facility owners or
operators also should consider such
factors when they evaluate the
capabilities of an OSRO(s) to be listed
in the response plan. RAs also may
evaluate an OSRO's capabilities
(including the facility owner's
equipment and response resources
when this is the case) during PREP area
drills/exercises. EPA chose not to adopt
a specific classification program of its
own to avoid an additional step in the
process to prepare and review facility
response plans.
Fish and Wildlife and Sensitive
Environments
EPA has identified proximity to fish
and wildlife and sensitive environments
as a factor in the substantial harm
determination. EPA intended for owners
or operators to use Appendix D of the
proposed rule as interim guidance for
the identification of environmentally
sensitive areas until ACPs were
available. Several commenters urged
EPA to allow facility owners or
operators to use the NCP or ACPs for tha
identification of environmentally.
sensitive areas. Other commenters
stated that the definition of
"environmentally sensitive areas" was
too broad, making it difficult to use in
the determination of substantial harm.
Some commenters objected to the listing
of particular areas (e.g., wetlands,
national monuments) as sensitive, while
others requested that additional areas
(e.g., water intakes for electric utilities
and municipalities, National and State
parks, and National forests) be included
in the definition of sensitive
environments.
As discussed previously, EPA does
not include proposed Appendix D in
this final rule. To serve the purpose of
proposed Appendix D (i.e., to guide
owners or operators in identifying fish
and wildlife and sensitive
environments), EPA adds a general
definition of "fish and wildlife and
sensitive environments" at § 112.2 of
the final rule and references certain
documents for further information. The
definition, adapted from the text of
proposed Appendix D, reads as follows:
"areas that may be identified by either
their legal designation or by evaluations
of Area Committees (for planning) or
members of the Federal On-Scene
Coordinators spill response structure
(during responses). These areas may
include wetlands, National and State
parks, critical habitats for endangered/
threatened species, wilderness and
natural resource areas, marine
sanctuaries and estuarine reserves,
conservation areas, preserves, wildlife
areas, wildlife refuges, wild and scenic
rivers, recreational areas, national
forests, Federal and State lands that are
research national areas, heritage
program areas, land trust areas, and
historical and archeological sites and
parks. These areas may also include
unique habitats such as: aquaculture
sites and agricultural surface water
intakes, bird nesting areas, critical
biological resource areas, designated
migratory routes, and designated
seasonal habitats." To help facility
owners or operators better address
required fish and wildlife and sensitive
environments concerns, EPA
contributed to a governmental
committee formed by various Federal
agencies to develop a consistent
definition of fish and wildlife and
sensitive environments. The committee
was made up of representatives from
various Natural Resource Trustee
agencies and from the agencies with
OPA response plan authority. After
considering comments on the EPA's
proposed rule, the committee developed
an interagency guidance document
based on the information contained in
Appendix D of the proposed rule. The
introductory text has been expanded to
explain in more detail some
environmental sensitivity issues,-and
address the substance of the public
comments that EPA and the USCG
received on this subject. To ensure more
comprehensive response planning and
to better protect fish and wildlife and
sensitive environments. Attachment D-
IV ("Vulnerability of Aquatic
Ecosystems") and Attachment D-V
("Vulnerability Scale of Aquatic
Habitats Impacted by Oil Spills") of
proposed Appendix D have been
replaced by Appendix IV ("Sensitive
Biological and Human-Use Resources")
and Appendix V ("Ranking of Shoreline
Habitats Impacted by Oil Spills"),
respectively in the DOC/NOAA
guidance.
In addition, other environmental areas
were added to those listed in Appendix
D, Attachment D-I ("Responsible
Federal Agencies for Specific
Environmental Resources"), such as the
National Forest System, Areas of Critical
Environmental Concern, and cultural
resources. This guidance also contains
additional mailing addresses and phone
numbers of government offices where
facility owners or operators may obtain
additional information. The document
titled, "Guidance for Facility and Vessel
Response Plans: Fish and Wildlife and
Sensitive Environments," was
published in the Federal Register by
DOC/NOAA at 59 FR 14714, March 29,
1994. In today's rule, EPA has removed
the Environmentally Sensitive Areas
appendix that was proposed in the
proposed rule and references to the
appendix contained in proposed
§ 112.20. EPA refers facility owners and
operators to Appendices I, D, and in of
DOC/NOAA's guidance for guidance to
identify fish and wildlife and sensitive
environments until geographic-specific
annexes to the ACPs are refined to the
point where they address fish and
wildlife and sensitive environments
concerns in detail. As discussed
previously, in the inland zone (as
defined in 40 CFR 300.5), ACPs have
been developed and will undergo
continuous refinement. Facility owners
or operators may contact the appropriate
Regional office for fish and wildlife and
sensitive environments information as it
becomes available.
Worst Case Discharge
Under § 112.20(h)(5) of the proposed
rule, owners or operators who must
prepare a facility response plan under
§ 112.20 must calculate a worst case
discharge quantity as described in
proposed Appendix E. (Appendix E has
been relabeled as Appendix D in today's
final rule.) This worst case discharge
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34090 Federal Register / Vol. 59, No. 126 / Friday. July 1, 1994 / Rules and Regulations
scenario, in turn, directly influences the
quantity of spill response resources that
must be available to the facility, as
outlined in Appendix D. In the
proposed rule, the determination of the
worst case discharge volume is based on
the facility's oil storage capacity, with
additional factors taken into account for
multiple-tank facilities with secondary
containment or adjacent to navigable
waters. EPA requested comments on
allowing a reduction in the worst case
discharge planning amount for facilities
with adequate secondary containment
in place.
One commenter stated that no
reduction should be allowed for
secondary containment, because oil
spills frequently occur during transfer
operations that take place outside of
secondary containment. The commenter
added that, even for those spills that
occur within contained areas, a worst
case discharge scenario should assume
some failure of containment systems (as
has happened historically in spills from
facilities with secondary containment).
Numerous commenters requested that
EPA grant credit for secondary
containment in the formula to calculate
a facility's worst case discharge, thereby
reducing the amount of response
resources for which the facility would
need to plan. Many of these commenters
generally supported credit for secondary
containment, because containment will
reduce the quantity of a spill that
escapes from the facility and impacts
the environment. Other commenters
argued that credit for secondary
containment would provide an
incentive to the regulated community to
enhance facility spill prevention
systems, while others contended that
the probability of both the tank and its
secondary containment failing
simultaneously is extremely small.
In response to commenters' concerns,
EPA has modified Appendix D to allow
a 20 percent reduction in the worst case
discharge amount at single-tank
facilities for the presence of adequate
secondary containment (i.e.,
containment equal to 100 percent of
tank capacity plus sufficient freeboard
for precipitation). The amount of this
percentage reduction is based on an
analysis of the percentage of released oil
reaching navigable waters in the
historical spill record from EPA's
Emergency Response Notification
System database.8 EPA believes that the
data do not support granting a larger
•The Technical Background Document to
Support the Implementation of the OPA Response
Plan Requirements. U.S. EPA. February 1993.
Available for inspection in the Superfund Docket.
room M2615, at the U.S. Environmental Protection
Agency. 401 M Street. S\V., Washington. DC 20460.
credit, nor do they show that a smaller
credit should be established. Historical
data illustrate that secondary
containment is not always completely
effective, due to wave effects, breaches
in containment walls, or operator error
(such as an open secondary containment'
drainage valve).
With respect to multiple-tank
facilities, EPA notes that it is finalizing
the proposed credit for secondary
containment at these facilities. As. in the
proposed rule, the calculation method
in the final rule focuses on the oil
storage capacity of the largest tank
within a secondary containment area or
a group of tanks permanently
manifolded together within a common
secondary containment area as a
planning amount for the worst case
discharge. This amount reflects a credit
for secondary containment resulting in
a lesser planning amount than the
capacity of all tanks within secondary
containment or the capacity of all tanks
at the facility. Facilities that lack
secondary containment would therefore
be required to include the capacity of all
storage tanks without secondary
containment in their worst case
discharge volume, while those facilities
with credit for secondary containment
would only need to consider the
capacity of the largest tank or group of
tanks within a single secondary
containment area. As such, the presence
of secondary containment leads to a
significant credit that reduces the worst
case discharge planning amount and the
associated response resource
requirements.
Numerous commenters requested that
EPA grant credit for facility spill
prevention measures and practices
(other than secondary containment) in
the calculation of the worst case
discharge. Specific preventive measures
mentioned by commenters include
tertiary containment, conformance with
American Petroleum Institute tank
standards, automatic shutdown systems,
high-level alarms, corrosion protection,
and hydrostatic testing. Many
commenters generally supported credit
for specific preventive measures
because of the capacity of such
measures to reduce spill size or spill
migration. Many commenters also
argued that credit for other spill
prevention measures would provide
incentives to the regulated community
to enhance spill prevention systems.
Owners or operators would implement
such measures to decrease the worst
case discharge volume, and thus,
decrease necessary expenditures for
planning and response resources.
In today's final rule, EPA retains the
credit for secondary containment at the
facility, but does not provide additional
credits to facilities for the presence of
such preventive measures in the
calculation of the worst case discharge.
Although EPA encourages facilities to
implement additional preventive
measures such as those cited by the
commenters, the Agency believes that
the effects of these measures on the size
and impact of a potential spill are not
readily quantifiable, nor as easily
supported with historical spill evidence,
as those of secondary containment. In
'addition, the Agency believes that
granting credit for these prevention
measures likely would require a more
detailed verification and inspection
process than would granting credit for
secondary containment. Further,
Congress' intent was that planning
reflect the worst case discharge, and that
the private sector be encouraged to
increase its spill response capability.
In the calculation of a worst case
discharge, EPA proposed to require
multiple-tank facilities with secondary
containment for which the nearest
opportunity for discharge (i.e., storage
tank, piping, or flowline) is adjacent to
navigable water, to incorporate an
additional 10 percent factor in the
calculation of the worst case discharge
quantity. (See Parts A3 and B3 of
Appendix E of the proposed rule.) The
Agency proposed the 10 percent
distinction in the calculation of a worst
case discharge volume between
multiple-tank facilities adjacent to
navigable waters and those not adjacent
to navigable waters as a safety factor to
address the potential for releases from
multiple tanks.
Many commenters opposed the use of
a 110 percent planning volume for
facilities located adjacent to navigable
water, because a facility could not
discharge more than 100 percent of its
capacity. Some commenters apparently
did not realize that the provision only
applied to multiple-tank facilities, and
argued that the 110 percent planning
volume factor should be eliminated
because it is impossible for a single tank
to discharge more than 100 percent of
its capacity.
EPA has considered these comments
and has decided to eliminate
consideration of a facility's location
adjacent to navigable waters from the
calculation of the worst case discharge.
Adding an additional 10 percent to the
planning volume is unnecessary,
because the emulsification table in
Appendix E will account for removing
material in excess of tank capacity for
all petroleum facilities for which an
owner or operator must plan under this
rule. There is no need to impose an
additional cost burden on multiple-tank
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facility owners and operators for
proximity to navigable waters. In
Appendix D of today's final rule, the
worksheets have been changed
accordingly; this change will simplify
the calculation and reduce confusion in
the regulated community.
Several commenters requested that
EPA clarify its definition of
"permanently manifolded tanks" used
in the calculation of a worst case
discharge volume. Several commenters
expressed confusion about whether
permanently manifolded tanks
connected by piping systems with
valves that are normally shut, and
permanently manifolded tanks that are
separated by internal divisions in the
secondary containment area, are
considered separate tanks for purposes
of the worst case discharge calculation.
The proposed definition of
"permanently manifolded tanks"
indicated that such systems were to be
considered as separate tanks for the
worst case discharge calculation.
However, to better clarify EPA's intent,
the definition of "permanently
manifolded tanks" has been modified
slightly in Appendix D of the final rule.
The changes make it clear that within a
common secondary containment area,
interconnected tanks are considered to
be single tanks if one or more of the
manifolded tanks functions as an
overflow container for another tank (i.e.,
is/connected by piping at the top). In
this case, individual manifolded tank
volumes are not combined when
calculating the worst case discharge
planning volume. The owner or operator
must provide evidence in the response
plan that tanks with common piping or
piping systems are not operated as one
unit.
EPA recognizes that failures
associated with multiple tanks that are
hydraulically. connected could result in
the discharge of a greater volume of oil
than the capacity of any one of the
tanks. The definition of "permanently
manifolded tanks" adequately accounts
for this possibility. The owner or
operator of a facility with permanently
manifolded tanks would combine the
capacities of all tanks manifolded
together to calculate the worst case
discharge planning volume for the
facility.
Owners or operators of onshore
production facilities must consider both
storage capacity and production
activities in the determination of a worst
case discharge planning volume. In the
proposed rule, EPA defined production
volume for production wells (producing
by pumping) as the pumping rate of the
highest output well at the facility,
multiplied by 1.5 times the number of
days the facility is unattended
(Appendix E, Part B). Several
commenters stated that EPA had not
provided sufficient justification for
requiring the calculation of the worst
case discharge planning volume to
include use of the 1.5 multiplier.
Commenters believed that the pumping
rate of the highest rate well could easily
be determined and should not be
artificially inflated, and suggested that
the multiplier be used only when the
rate of the highest rate well is unknown.
In response to commenters' concerns,
EPA revised the worst case discharge
calculation in Appendix D of the final
rule to require facility owners or
operators to use the 1.5 multiplier only
if the rate of the well with the highest
output or the number of days the facility
is unattended cannot be estimated with
certainty. EPA believes that the use of
the 1.5 multiplier is appropriate in these
instances because it provides a
conservative basis upon which to
incorporate these uncertain estimates of
discharge potential in the calculation of •
a worst case discharge. If the facility
owner or operator knows the rate of the
well with the highest output and can
predict the number of days that the
facility will be unattended, then the
production volume for each production
well (producing by pumping) is equal to
the pumping rate of the well, multiplied
by the greatest number of days the
facility will be unattended. If the actual
pumping rate will exceed the planned
pumping rate, or the facility will be
unattended for longer than the time
indicated in the facility response plan,
then the owner or operator must amend
the facility response plan to reflect this
operational change at the facility. The
owner or operator must resubmit the
appropriate sections of the plan in
accordance with § 112.20(d)(l).
In Appendix E of the proposed rule,
the proposed worst case discharge
planning volume for facilities with
exploratory wells or production wells
producing under pressure was the -
forecasted production volume for the
highest output well at the facility plus
the appropriate oil storage capacity
component. The proposed rate for
exploratory wells and production wells
producing under pressure was the
maximum 30-day forecasted well rate
for wells 10,000 feet deep or less, or the
maximum 45-day forecasted well rate
for wells more than 10,000 feet deep;
Several commenters from the oil
: industry stated that the forecasted well
rates were unwarranted because cleanup
procedures will begin before the entire
volume of the discharge reaches the
environment. Commenters suggested
that EPA consider inspection frequency
or time intervals equal to the
appropriate response tier as factors to
determine the worst case discharge
planning volume. In considering
revisions to the proposed worst case
discharge planning volume calculation,
EPA also solicited input from MMS,
which is in the process of promulgating
response plan regulations for certain
offshore production facilities.
EPA compared the response efforts
required and damage resulting from
discharges from production wells
producing under pressure or exploratory
wells to the response efforts required
and damage resulting from discharges
from storage tanks or production wells
producing by pumping. Because
discharges from storage tanks or
production wells are discrete events, the
volume of oil that is discharged is not
influenced by response actions after
they have been discovered. For
production wells producing under
pressure and exploratory wells,
response efforts can mitigate the effects
of the discharge during the time it takes
response personnel to stop the flow of
oil. For these reasons, EPA has revised
the calculations for worst case discharge
planning volume for facilities with
exploratory wells or production wells
producing under pressure.
The final version of the appendix
(Appendix D in the final rule) requires
the facility owner or operator to
compare the forecasted rate of the
highest output well to the capacity of
response equipment and personnel to
recover the volume of oil that could be
discharged to calculate the production
volume. If the well rate would
overwhelm the response efforts, the
worst case discharge planning volume
would be calculated in a manner similar
to that described in the proposed rule.
(See Method A of Attachment D-l.) If
the emergency response effort would
match or exceed the forecasted rate of
the highest output well, then the facility
owner or operator would calculate the
production volume based on the sum of:
1) the volume of oil discharge from the
well between the time of the blowout
and the expected time the response
resources are on scene and recovering
oil; and 2) the volume of oil discharged
after the response resources begin
operating until the spill is stopped
(adjusted for the amount of oil
recovered). (See Part B of Attachment
D-2.) As in the case of production
facilities with wells producing by
pumping. Part B of Appendix D requires
that the appropriate storage oil capacity
also be added to the production volume
to determine the worst case discharge
planning volume. EPA describes these
methods to calculate the production
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34092 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
volume for production facilities with
wells producing under pressure or
exploratory wells in Attachment D-l,
"Methods to Calculate the Production
Volumes for Production Facilities with
Exploratory Wells or Production Wells
Producing Under Pressure," to
Appendix D.
Response Planning Levels
As part of the response planning
requirements, EPA proposed in
§ 112.20(h)(5) that "substantial harm
facilities" must evaluate smaller, more
probable discharge quantities for their
facility response plan in addition to the
worst case discharge specified by the
OPA. As proposed, the owner .or
operator of a facility would plan for
small (2,100 gallons or less) and
medium (between 2,100 gallons and
36,000 gallons, or ten percent of the
capacity of the, largest tank, whichever
is less) discharge quantities, provided
that these amounts are less than the
worst case discharge amount.
EPA received comments both in
support of, and opposed to, the concept
of planning for various response levels.
Some commenters indicated that the
establishment of such additional
planning requirements was beyond the
OPA mandate. Other commenters
argued that planning for smaller spills
will be encompassed in planning for a
worst case discharge, that planning for
smaller spills is a function of good
management practices and should not
be regulated, or that pre-existing SPCC
Plans adequately address smaller spills.
EPA has considered these comments
and decided to retain the planning
approach outlined in the proposed rule.
Although planning for several discharge
amounts is not mandated specifically
under OPA, EPA has broad and ample
regulatory authority under CWA section
311(j)(l)(C) for such a requirement. The
Agency believes that discharges less
severe than a worst case scenario may
pose a serious threat to navigable
waters, especially from the cumulative
effects of several discharges, and that
preparation to respond to smaller spills
could lead to better overall protection of
the nation's navigable waters. In
addition, this three-level approach is
consistent with the USCG's
implementation of planning scenarios
under OPA and some State response
plan rulemakings.
Various sizes of discharges can
require different types and amounts of
equipment, products, and personnel,
and must therefore be addressed
separately. For example, a facility may
want to hire a contractor to support
response to a worst case discharge
scenario, but handle smaller,
operational spills using its own
personnel and equipment. To the extent
that facility personnel are better ablejto
address immediate actions associated
with smaller spills, they will be better ,
prepared to initiate a response to a
worst case discharge until back-up
resources arrive on-scene. Increased
proficiency in handling the initial stages
of a discharge, can result in significant
reductions in the extent of spill
movement and associated impacts to the
environment.
As many commenters recognized,
planning for responses to more
commonly occurring discharges may be
more beneficial to facilities than
planning for a worst case discharge that
has a lower probability of occurrence—
nevertheless, EPA continues to
recognize that this planning approach
may not be appropriate for all facilities,
including those where the range of
possible spill scenarios is small. Under
today's final rule, as in the proposed
rule, large facilities would still need to
plan for three discharge amounts, but a
small facility may only need to plan for
two scenarios or a single scenario if its
worst case discharge falls within one of
the specified ranges.
To address the planning
requirements, the owner or operator
must consider the different types of
facility-specific scenarios that may
result in discharges at the facility. To
the extent possible, the scenarios should
account for the range of different
operations that take place at the facility.
Appendix F of the rule contains
guidance on the development of such
scenarios including a list of areas of
operation to consider (e.g., oil storage
tanks, piping, vehicle refueling areas,
and tank car and tank truck loading and
unloading areas), and a list of factors
that may affect response efforts at the
facility (e.g., direction of spill pathways,
• weather conditions, and available
response equipment). As part of this .
process, owners or operators shall
describe the threat posed by mobile
facilities operating on site, especially
during loading or unloading operations
where the risk of a discharge is
increased. Also, owners or operators of
large facilities that handle, store, or
transport oil at more than one
geographically distinct location (e.g., oil
storage areas at opposite ends of a
single, continuous parcel of property)
shall, as appropriate, develop separate
sections of the response plans for each
area where oil is stored, used, or
distributed.
Several commenters expressed
confusion between the tiered planning •
amounts described in proposed
§ 112.20(h)(5) and the response tiers in
proposed Appendix F for mobilizing
resources in response to a worst case
discharge. To avoid confusion in the
final rule, EPA replaces the term "tiered
planning scenarios" with "response
planning levels" to describe small,
medium, and worst case response
planning amounts.
Drills/Exercises and Training
The proposed rule contained general
requirements for response training and
drills/exercises1, but did not specify
what the training and drills/exercises
should entail. Specifically, proposed
§ 112.7(f)(l)(iii) required that all,
personnel involved in oil-handling
activities participate in unannounced
drills/exercises, at least annually.
Proposed § 112.20(h)(8)(ii) required that
the facility response plan contain a
description and record of training
courses and periodic unannounced
drills/exercises to be carried out under
the response plan. \
Some commenters suggested that
training should be required only for
employees of "substantial harm
facilities" and that only response
personnel should be required to
participate in drills/exercises. EPA
notes that a general training program is
required at 40 CFR 112.7(e)(10) for all
facilities subject to the rule. However,
the final rule limits the requirement for
response training and drills/exercises to
facilities that must prepare a response
plan.
One commenter argued that the OPA
does not mandate employee training.
EPA notes that the OPA added CWA
section 311(j)(5)(C) to specify that the
response plan must describe training
and periodic unannounced drills/
exercises to be carried out under the
plan. The Agency interprets this
requirement to mean that Congress
intended for facilities to conduct a
program of training and drills/exercises
for response to oil spills.
EPA has moved some subject matter
on response training and drills/exercises
from proposed § 112.7 to a new § 112.21
so that all requirements relevant to
implementation of the OPA (i.e.,
requirements for response training) are
addressed in this final rule.
Requirements for oil spill prevention ,
training that are not necessary for the
OPA implementation will remain in
proposed § 112.7(f) and will be
addressed in a separate rulemaking.
To provide additional direction to the
regulated community on what
constitutes an acceptable training
program, EPA expands the discussion of
training in today's final rule. As set
forth at § 112.21, response training must
be functional in nature and
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commensurate with the specific duties
of each type of facility personnel with
responsibilities under the plan. A
facility's training program can be based
on the USCG's Training Elements for Oil
Spill Response, to the extent applicable
to facility operations, or another
response training program acceptable to
the RA. The training elements are
available from Petty Officer Daniel Caras
at (202) 267-6570 or fax 267-4085/4065.
As set forth in the OPA. drills/
exercises are evolutions that are
designed to periodically test the ability
of response personnel to ensure the
safety of the facility and to mitigate or
prevent discharges of oil. A drill/
exercise program is comprised of facility
drills/exercises, including tabletop and
deployment exercises, both announced
and unannounced, as well as
participation in larger area drills/
exercises and evaluation of these drills/
exercises. The requirement to develop a
drill/exercise program is included at
§112.21. This section references the
National PREP. As described in Section
I.C of this preamble, PREP is a joint
industry/government effort to establish
recognized national guidelines for
conducting drills/exercises to meet the
OPA requirements. Following the PREP
guidelines (see Appendix E to this part,
section 10, for availability) would
satisfy a facility's requirements for
drills/exercises under this final rule.
Alternately, under § 112.21(c), a facility
owner or operator may develop a
program that is not based on the PREP
guidelines. Such a program is subject to
approval by the RA based on the
description of the program provided in
the response plan. '
Descriptions of training and drills/
exercises for facility personnel engaged
in oil spill response must be provided
in the plan as stated in § 112.20(h)(8).
To satisfy this requirement, facilities
must describe conformance with the
PREP guidelines as part of their
response plan or provide a detailed
description of an alternative drill/
exercise program. Lessons learned from
the facility owner's or operator's
evaluation of response drills/exercises
may help identify other relevant subject
areas for training. As part of the PREP
development process, the USCG, with
assistance from other Federal agencies,
OSROs, and the regulated community,
is preparing a reference document to
assist facility owners and operators in
the evaluation of their drills/exercises.
. As described in Section II.B of this
preamble, some commenters objected to
including logs for training and drills/
exercises in the response plan. EPA will
not require training records and records
of drills/exercises to be included in the
response plan, because that is
impracticable without constantly
revising the plan. Section
112.20(h)(8)(iv) of the final rule makes
it clear that the logs may be included in
the response plan or maintained as an.
annex to the response plan.
C. Section-by-Section Analysis
This section lists sequentially the
major changes from the proposed rule
that have been incorporated into today's
final rule. The revisions listed below
result from consideration of public
comments on the proposed rule (as
previously discussed, the Response to
Comments Document for the Facility
Response Plan Rulemaking maintained N
at the docket contains detailed
summaries of, and responses to, all
comments received on the proposed
rule) and from efforts to coordinate EPA
and other Federal agencies'
requirements for implementing response
plan regulations under the OPA. A
detailed discussion of the reasoning
behind most of these changes can be
found in Section I.C or II.B of this
preamble. In addition to the major
changes detailed below, EPA has also
made a series of minor editorial changes
to correct typographical and
grammatical errors, to conform more
closely with language from different
sections of today's rule and language
from the USCG's interim final rule for
MTR facilities, and to improve the
clarity of the requirements.
As discussed in 'Section I of this
preamble, EPA will defer finalizing
changes to certain sections of the
regulation as proposed in the proposed
rule. EPA plans to address these
changes in a subsequent rulemaking.
Changes to the following paragraphs
from the proposed rule are not included
in today's final rule: paragraphs (d)(4)
and (g) of § 112.1 (General Applicability
and Notification); paragraph (d) of
§ 112.4 (Amendment of Spill
Prevention, Control, and
Countermeasure Plan by Regional
Administrator); and paragraphs (a)(2),
(d). (f).(i), and (j) of §112.7 (Spill
Prevention, Control, and
Countermeasure Plan general
requirements). Also, Appendix H
(Brittle Fracture Considerations in API
Standard 653) as proposed at 58 FR
8824 is not included in today's final
rule.
Section 112.2 Definitions
In § 112.2, the definitions of "adverse
weather," "contract or other approved
means," "maximum extent practicable,'"
and "worst case discharge" are revised;
the definitions of "alteration" and
"repair" from the proposed rule are not
included; and definitions of "fish and
wildlife and sensitive environments"
and "oil spill removal organization" are
added.
Section 112.20 Facility Response Plans
Throughout § 112.20, the term
"emergency response coordinator" is
replaced with the term "qualified
individual," and the term
"environmentally sensitive areas" is
replaced with the term "fish and
wildlife and sensitive environments."
Paragraph (a) is reorganized and
revised to specify EPA's approach to
implement the facility response plan
requirements of OPA and of this final
rule. ,
Paragraphs (a)(2)(ii) and (Hi)
(paragraphs (a)(2)(ii) and (iii) from the
proposed rule) are expanded to specify
that for new facilities and facilities
undergoing a planned change in
operations, adjustments to the response
Elan to reflect changes that occur at the
icility during the start-up phase of
operations must be submitted to the RA
after an operational trial period of 60
days.,
Paragraph (b)(l) is revised to clarify
that if the RA makes a determination of
. substantial harm then he or she shall
notify the facility owner or operator in
writing and shall provide a basis for the
determination.
Paragraph (c)(4) is revised to specify,
for plans to be reviewed by the RA, that
the RA will review plans periodically
on a schedule established by the RA
provided that the period between plan
reviews does not exceed five years.
Paragraph (d)(l) is revised to extend
its applicability to all facilities for
which a response plan is required and
to clarify that only revised portions of
a response plan need to be resubmitted
for approval and inclusion in the
existing plan. The requirement for the
RA to review for approval changes to
plans for "significant and substantial
harm facilities" that was proposed at
§ 112.20(d)(l) has been moved to new
§ 112.20(d)(4).
Paragraphs (d)(l)(iii) and (d)(2) are
revised to clarify that a change in the
identity of an OSRO(s) that does not
result in a material change in support
capabilities is not a material change
requiring approval but that a copy of
such a change must be provided to the
RA.
Paragraph (d)(2) is revised to state that
certain amendments do not require
"approval" by the RA, rather than
"prior approval."
Paragraph (d)(3) is added to indicate
that the EPA-issued facility
identification number (where one has
been assigned) must accompany any
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34094 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
changes to the plan that are submitted
to the RA. This number is issued when
the plan was received and is included
on all EPA correspondences to the
facility. Including this number on all
subsequent submissions by the facility
to EPA will ensure proper tracking and
handling of information.
Paragraph (f)(l)(i) is revised to clarify
that total oil storage capacity and not
total storage capacity is the criteria to be
evaluated.
Paragraph (f)(l)(ii)(A) is revised to
clarify that adequate secondary
containment must account for
precipitation as required by
Paragraph (f)(l)(ii)(D) is revised to
clarify it addresses reportable oil spills.
Paragraphs (f)(l)(ii)(B) and (f)(2)(i)(D)
are revised to remove reference to
Appendix D, to add a reference to the
"Guidance for Facility and Vessel
Response Plans: Fish and Wildlife and
Sensitive Environments" (see Appendix
E to this part, section 10, for
availability) and the appropriate ACP,
and to clarify that use of an alternative
formula does not require prior approval
by the RA but that the formula must be
comparable to the appropriate formula
in Appendix C to this part. Conforming
edits are made to paragraphs (a)(3) and
(e).
Paragraph (f)(2)(ii) is revised to clarify
that "any person" includes
representatives from other government
agencies in addition to the public, to
more accurately describe the contents of
paragraph (f)(2)(i) as factors not criteria,
and to clarify that the RA shall consider
petitions and respond in an appropriate
amount of time.
Paragraph (f)(3)(i) is removed to
reflect the deletion of Appendix D and
because the RA already has authority
under paragraph (f)(2) to consider
proximity to other areas determined to
possess ecological value. The remainder
of paragraph (f)(3) is renumbered
accordingly.
Paragraph (g) is reorganized by
removing the requirement for periodic
review and update of the plan from
paragraph (g)(l) and moving it to new
paragraph (g)(3).
Paragraph (h) is revised to clarify the
mandatory nature of Appendix F.
Paragraphs (h)(l)(vi) and (h)(3)(vii)
are revised to clarify that facility owners
or operators need only reference but not
include community evacuation plans in
the response plan.
Paragraph (h)(l)(vii) is revised to
clarify that securing the source of the
discharge is among the immediate
measures that must be described in the
plan.
Paragraph (h)(2) is revised to clarify
that a brief description of the type of
facility (i.e., SIC Code) must be provided
as part of the basic facility information.
Paragraph (h)(3)(x) is removed and
paragraph (h)(3)(i) is revised to clarify
the mandatory nature of Appendix E
and allow under certain circumstances
owners or operators to make comparable
arrangements for response resources.
Paragraph (h)(5) is revised to replace
the reference to tiered response
planning with a reference to response
planning levels. Conforming edits are
made to Appendix F.
Paragraph (h)(5)(ii) is revised to
clarify that for complexes, the small
planning quantity shall be the larger of
the amounts calculated for each
component of the facility.
Paragraph (h)(8) is revised to clarify
the requirements to describe programs
for drills/exercises and response
training, and indicate that logs may be
kept as an annex to the response plan.
Paragraph (h)(ll) is added to cross-
reference the requirement at
§ 112.20(a)(2) to complete a response
plan cover sheet provided in Section 2.0
of Appendix F.
New § 112.20(i) is added to allow
owners or operators to request
reconsideration of or appeal certain
decisions by the RA.
Section 112.21 Facility Response
Training and Drills
New § 112.21 is added to describe
requirements for facility response
training and drills/exercises. The
requirements for annual drills/exercises
in proposed § 112.7(f)(l)(iii) are
replaced by a requirement to follow the
PREP guidelines or an alternative
program acceptable to the RA.
Provisions related to spill prevention
training in § 112.7(f) will be finalized in
a future rulemaking.
Appendix B—Memorandum of
Understanding Among DOI, DOT, and
EPA
The Memorandum of Understanding
Among the Secretary of the Interior,
Secretary of Transportation, and
Administrator of the Environmental
Protection Agency signed on February 3,
1994 is added at Appendix B to 40 CFR
part 112.
Appendix C—Substantial Harm Criteria
The title of the Appendix was
changed from "Determination of
Substantial Harm" to "Substantial Harm
Criteria."
Throughout Appendix C, the term
"environmentally sensitive areas" is
replaced with the term "fish and
wildlife and sensitive environments,"
the term "drinking water intake" is
replaced with the term "public drinking
water intake," the language is clarified
to indicate which provisions are
required, and "alternative" is changed
to "comparable."
For response time estimation
purposes, in section 1.1, the definitions
of "Great Lakes," "Higher Volume Port
Area," and "Inland Area" are revised.
The list of the substantial harm
criteria in section 2.0 is removed to
eliminate redundancy with
§ 112.20(f)(l) and the flowchart in
Attachment C-I to Appendix C. Section
2.1 is renamed section 2.0.
In new section 2.0, the language is
clarified to indicate that the term
"public drinking water intake" is
analogous to the term "public water
system" at 40 CFR 143.2(c) as described
at 40 CFR part 110. Footnotes clarifying
that public drinking water intakes are
analogous to public water systems as
described at 40 CFR 143.2(c) are added
to this section and Attachment C-II. The
definition of "injury" is removed from
this section to eliminate redundancy
with the definition in § 112.2.
In section 3.0, the last sentence is
revised to clarify that for facilities that
do not meet the substantial harm criteria
using a comparable formula to calculate
the planning distance, documentation of
the comparable formula must not only
be maintained at the facility but must be
made available to EPA if requested. The
first sentence in the oil transport on
moving navigable waters in Attachment
C-IH is revised to include "or a
comparable formula as described in
§ 112.20(a)(3)" and "for oil transport on
moving navigable water." The section
describing oil transport on moving
navigable waters in Attachment C-III is
clarified to indicated that adverse
weather conditions shall be considered.
In Attachment C-ffl, a section
describing a method to determine a
planning distance for tidal-influenced
navigable water is added and the
appropriate cross-reference is provided.
A paragraph is added to indicate that if
a facility owner or operator determines
that more than one type of navigable
water applies, the planning distance
calculation must be performed for each
navigable water type, and the greatest
distance must be used in the substantial
harm evaluation. The third paragraph is
revised to provide an example of an
instance where it would not be
necessary to calculate a planning
distance for screening purposes. The
fourth paragraph of Attachment C-III is
revised to include a reference to the
example for determining the planning
distance for the two types of navigable
waters. The format of Table 3 is revised
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations 34095
and further explanation of how the time
intervals in Table 3 should be used to
calculate a baseline planning distance is
added. A conversion constant is added
to the formula for calculating the surface
area covered by an oil spill on still
water. Conforming changes are made to
the description of the formula and the
sample calculation. Clarifying language
is added to the description of the
section on oil transport over land. Also,
language is added to clarify the term
"close proximity" for purposes of
calculating the planning distance.
Section 4.0 "References" is added to
Appendix C.
Environmentally Sensitive Areas
(Appendix D in the Proposed Rule)
The Environmentally Sensitive Areas
appendix from the proposed rule is
removed. Instead, EPA refers owners or
operators to Appendices I, n, and III of
the "Guidance for Facility and Vessel
Response Plans: Fish and Wildlife and
Sensitive Environments," (see
Appendix E to this part, section 10, for
availability) and to the appropriate ACP
for guidance in identifying fish and
wildlife and sensitive environments.
Appendix D—Determination of a Worst
Case Discharge (Appendix E in the
Proposed Rule)
Throughout Appendix D, the language
is clarified to indicate which provisions
are required and which are provided
only as guidance. The last sentence of
the first paragraph of the instructions is
revised to remove "and its proximity to
navigable waters."
Parts Al and Bl of the instructions for
the determination of the worst case
discharge at single-tank facilities are
revised to reflect credit for adequate
secondary containment.
Parts A3 and B3 of the instructions
are removed and Parts A2 and B2 and
explanatory notes revised to reflect
elimination of the additional 10 percent
factor for proximity to navigable waters
and clarification of the terms
"permanently manifolded tanks" and
"adequate secondary containment."
Part B of the instructions for the
determination of the worst case
discharge for production facilities is
revised to reflect changes in the
calculations for production wells
producing by pumping. Part B is also
revised to reflect changes in the
calculations for exploratory wells and
production wells producing under
pressure. Attachment D-I is added to
describe these changes.
Appendix E—Determination and
Evaluation of Required Response
Resources for Facility Response Plans
(Appendix F in the Proposed Rule)
The title of the Appendix was
changed from "Guidelines for
Determining and Evaluating Required
Response Resources for Facility
Response Plans" to "Determination and
Evaluation of Required Response
Resources for Facility Response Plans."
Throughout Appendix E, the term
"environmentally sensitive areas" is
replaced with the term "fish and
wildlife and sensitive environments" as
defined at § 112.2 and references to
former Appendix D replaced with
references to the Guidance for Facility
and Vessel Response Plans: Fish and
Wildlife and Sensitive Environments
published by DOC/NOAA in the Federal
Register on March 29,1994 and to the
appropriate ACP. The language is
clarified to indicate which provisions
are required. Section 1.1 is revised to
specify that this appendix shall be used
by facility owners and operators to
determine resources for the response
plan and by the RA in the review of
facility response plans.
Section 1.2 is added to Appendix E,
and the definitions of non-persistent
and persistent oils and non-petroleum
oils from Attachment F-2 of the
proposed rule are moved into section
1.2 of Appendix E. Group 5 oils are
added to the definition of persistent oils
to account for oils that have specific
gravities that are equal to or greater than
1.0. The definitions of "nearshore,"
"ocean," "operating area," and
"operating environment" are added to
section 1.2 of Appendix E. Section 1.2.8
is added to reference other definitions. •
Sections 3.2 and 4.2 are revised to
replace "synonymous with" with "that
corresponds to."
Section 5.6 is revised to indicate that
at least 20 percent of the on-water
response equipment must be capable of
operating in shallow water.
A reference to section 7.6 which
describes the procedures for non-
petroleum oils is added to section 7.1.
Section 7.4 is revised to remove the
110 percent factor from the example
worst case discharge calculation. The
resulting tier values are revised
accordingly.
References to the definitions and
response resource considerations for
Group 5 and non-petroleum oils were
added to Tables 2 and 3.
As described in Section II.B of this
preamble, a series of changes to the
remaining sections of Appendix E (e.g.,
the addition of separate procedures for
non-petroleum oils) are made to ensure
greater consistency with the equipment
instructions contained in the USCG's
interim final rule for MTR facilities.
Appendix F—Model Facility-Specific
Response Plan (Appendix G in the
Proposed Rule)
The title of Appendix G, "Standard
Facility-Specific Response Plan," is
changed to "Model Facility-Specific
Response Plan" in the final rule.
Throughout Appendix F, the term
"emergency response coordinator" is
replaced with the term "qualified
individual," the term "environmentally
sensitive areas" is replaced with the
term "fish and wildlife and sensitive
environments," the language is clarified
to indicate which provisions are
required, and the language is clarified to
indicate "oil storage capacity," "oil
storage tanks," and "aboveground oil
storage tanks" where appropriate.
Section 1.0 is revised to specify that
owners or operators of large facilities
that handle, store, or transport oil at .
more than one geographically distinct
location shall, as appropriate, develop
separate sections of the response plan
for each storage area. The reference for
immediate actions is changed from
"(Section 1.7) condensed" to "(Section
1.7.1) complete."
Section 1.2 is revised to indicate that
the home and work address of the
qualified individual(s) shall be listed in
the response plan. The list of States
with EPA-approved wellhead protection
programs is replaced with an
information number for the SDWA
Hotline and a definition of "wellhead
protection area" is added.
Paragraph 4 (now paragraph 5) of the
'introduction to section 1.3, Emergency
Response Information, is revised to
clarify which types of emergency
response personnel should be included
on the personnel lists. Section 1.3.1 is
revised to include the phone number of
the Regional Response Center, to specify
that the Federal OSC should be
contacted, and to remove the item
requiring notification of the Area
Committee from the list. Section 1.3.2 is
split into sections 1.3.2 and 1.3.3 and
the remainder of section 1.3 is
renumbered accordingly. Also, section
1.3.2 is revised to improve clarity and
to indicate that the facility owner or
operator must follow appropriate
procedures contained in the NCP and
ACP to obtain approval for the use of
dispersants. New section 1.3.3 is revised
to include a log for basic information on
equipment testing (from section 1.3.2 of
the proposed rule) and deployment
drills (from the results of required
drills/exercises). Section 1.3.3 (now
1.3.4) is revised by reordering the lists
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34096 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
and adding "pager number" to the
facility response team list. Section 1.3.4
(now 1.3.5) is revised to clarify that
facilities must, as appropriate, reference
existing community evacuation plans.
The language in section 1.4 is revised
to clarify the mandatory nature of the
hazard evaluation provisions. A
definition of surface impoundment is
added to section 1.4.1. In section 1.4.2,
examples of areas of economic
importance are added. Section 1.4.3 is
revised to remove the word
"quantitative."
Section 1.5.2 is revised to remove
details on the calculation of worst case
discharge planning volume to avoid
redundancy with Appendix D.
A form detailing recommended
immediate actions is added to section
1.7.1.
Section 1.8 is revised to clarify the
requirements to describe the facility's
drill/exercise and training programs and
to reflect that logs may be included in
the response plan or kept as an annex
to the plan. Conforming changes are
made to the sample logs throughout the
appendix.
Section 1.9 is revised to add provision
L, that requires the owner or operator of
a complex to identify the interface
between portions of the facility that are
regulated by different agencies. EPA
believes that this will help reinforce
owners or operators understanding of
jurisdictional issues at certain facilities.
The response plan cover sheet is
revised to a fill-in-the-blank form. A
footnote is added to explain where to
locate Dun & Bradstreet and SIC code
information. Conforming changes are
made to Section 2.0.
The acronyms DOC, MMS. PREP,
RRC, and RSPA are added to section 3.0.
III. Regulatory Analyses \
A. Executive Order 12866
Under E.0.12866, (58 FR 51735,
October 4,1993) the Agency must
determine whether the regulatory action
is "significant" and therefore subject to
OMB review and the requirements of
the E.O. The Order defines "significant
regulatory action" as one that is likely
to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the principles
set forth in E.0.12866.
Pursuant to the terms of E.0.12866,
it has been determined that this rule is.
a "significant regulatory action" because
it will have an annual effect on the
economy of more than $100 million. An
economic analysis performed by the
Agency, available for inspection in
Room M2615 at the U.S. Environmental
Protection Agency, 401 M Street, SW.,
Washington, DC 20460, shows that this'
rule would result in estimated costs to
affected facilities of greater than $100
million in the first year. As such, this
action was submitted to OMB for review
as required by E.0.12866. Changes
made in response to OMB suggestions or
recommendations will be documented
in the public record.
The analysis shows that the action
will result in costs to the regulated
community of approximately $107.2
million during the first year that the rule
is in effect and approximately $41.6
million in each subsequent year. The
first-year, subsequent-year, and.
annualized costs of the revisions to
affected facilities are presented in Table
1.
TABLE 1.—TOTAL COST To AFFECTED FACILITIES OF THE FINAL RULE
(In millions of dollars]
Requirement • <
Rule Familiarization :
Facility Response Plan
Total
First-year
" costs
12.2
95.0
107.2
Subsequent-
year costs
0
41.6
41.6
Annualized
value of total
costs
1.7
48.7
50.4
EPA is also expected to incur costs.
estimated at $1.3 million in the first
year and $1.2 million in the second year
to implement the program.
The Regulatory Impact Analysis (R1A)
prepared in support of this rule also
includes an assessment of the
environmental benefits associated with
the proposed revisions. This quantified
benefit estimate includes only the
benefits of avoided clean-up costs, value
of lost product, avoided natural resource
damages, and avoided property damages
as a result of the mitigation of the
severity of spills that occur. Other
damages caused by oil spills that are not
included in the quantitative estimate,
include lost profit by business, public
health risks, and foregone existence/
option value. Assuming that response
plans effectively reduce oil spill damage
by 30 percent, benefits that have been
quantified in the R1A are estimated to
range from $20.3 million to $40.6
million depending on assumptions
regarding the volume of discharged oil
that escapes secondary containment
systems.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601-611) requires that a
RegulatorjTFlexibility Analysis be
preformed for all rules that are likely to
have a "significant impact on a
substantial number of small entities."
The results of a preliminary analysis
indicate that this rule will not have
significant "adverse impacts on small
businesses because small businesses are
unlikely to meet the criteria to prepare
and submit a response plan and are
therefore unlikely to be affected by the
facility response planning requirements,
which account for virtually all of the
total .costs of the final rulemaking (see
the "Regulatory Impact Analysis of
Revisions to the Oil Pollution
Prevention Regulation to Implement the
Facility Response Planning
Requirements of the Oil Pollution Act of
1990." Appendix F, March 1994,
available for inspection in Room M2615
at the U.S. Environmental Protection
Agency. 401 M Street, SW.. Washington.
DC 20460). Therefore, EPA certifies that
this proposed rule is not expected to
have a significant impact on small
entities, and therefore that no
Regulatory Flexibility Analysis is
necessary.
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Federal Register / Vol. 59, No. 126 / Friday. July 1. 1994 / Rules and Regulations 34097
C. Paperwork Reduction Act
The information collection
requirements in this rule have been
approved by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act. 44 U.S.C. 3501 et seq.
and have been assigned control number
2050-0135.
Preparation of a response plan has an
estimated first-year reporting burden
ranging from 131.75 hours to 350 hours
per respondent, averaging 194.5 hours,
and an estimated first-year
recordkeeping burden ranging from 13.5
hours to 34 hours per respondent,
averaging 21.5 hours. These estimates
include time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information.
Maintaining, reviewing, and updating a
response plan have an estimated annual
reporting burden in subsequent years
ranging from 52 hours to 161 hours per
respondent, averaging 83 hours, and an
estimated annual recordkeeping burden
in subsequent years ranging from two to
ten hours per respondent, averaging
4.75 hours. Facilities regulated under
the Oil Pollution Prevention rule that
are not required to prepare response
plans have an estimated reporting
burden ranging from 0.25 to 6.5 hours
per respondent, averaging less than one
hour.
Send comments regarding the burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden to
Chief, Information Policy Branch; EPA;
401 M St. SW. (Mail Code 2136);
Washington, DC 20460; and to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Washington, DC 20503, marked
"Attention: Desk Officer for EPA."
D. Display of OMB Control Numbers
EPA is also amending the table of
currently approved information
collection request (ICR) control numbers
issued by OMB for various regulations.
This amendment updates the table to
accurately display those information
requirements contained in this final
rule. This display of the OMB control
number and its subsequent codification
in the Code of Federal Regulations
satisfies the requirements of the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.) and OMB's implementing
regulations at 5 CFR part 1320.
The ICR was previously subject to
.public notice and comment prior to
OMB approval. As a result. EPA finds
that there is "good cause" under section
553(b)(3)(B) of the Administrative
Procedure Act (5 U.S.C. 553(b)(3)(B)) to
amend this table without prior notice
and comment. Due to the technical
nature of the table, further notice and
comment would be unnecessary.
List of Subjects
40 CFR Part 9
Environmental protection, Reporting
and recordkeeping requirements.
40 CFR Part 112
Environmental protection, Fire
prevention, Flammable materials,
Materials handling and storage, Oil
pollution, Oil spill response, Penalties,
Petroleum, Reporting and recordkeeping
requirements, Tanks, Water pollution
control, Water resources.
Dated: June 15.1994.
Carol M. Browner,
Administrator.
For the reasons set out in the
preamble, 40 CFR Parts 9 and 112 are
amended as follows:
PART 9—OMB APPROVAL NUMBERS ,
UNDER THE PAPERWORK
REDUCTION ACT
1. The authority citation for part 9
continues to read as follows:
Authority: 7 U.S.C 135 et seq., 136-136y;
15 U.S.C. 2001. 2003, 2005, 2006, 2601-2671;
21 U.S.C. 331j. 346a, 348; 31 U.S.C 9701; 33
U.S.C 1251 et seq., 1311.1313d, 1314.1321.
1326,1330.1344,1345 (d) and (e), 1361; E.O.
11735, 38 FR 21243, 3 CFR, 1971-1975
Comp. p. 973; 42 U.S.C 241. 242b, 243. 246.
300f. 300g, 300g-l, 300g-2, 300g-3, 300g-4,
300g-5, 300g-6, 300J-1. 300j-2, 300j-3.300)-
4. 300J-9,1857 et seq.. 6901-6992k, 7401-
7671q. 7542. 9601-9657.11023,11048.
2. Section 9.1 is amended by adding
a centerheading and entry to the table in
numerical order to read as follows: -
$ 9.1 OMB approvals under the Paperwork
Reduction Act
40 CFR citation
OMB con-
trol No.
Oil Pollution Prevention; Non-
Transportation-Related On-
shore Facilities 11220 2050-0135
PART 112—OIL POLLUTION
PREVENTION
3. The authority citation for part 112
is revised to read as follows:
Authority: 33 U.S.C 1321 and 1361; EO.
12777 (October 18,1991). 3 CFR, 1991
Comp., p. 351.
4. Section 112.2 is amended by
removing the paragraph designations (a)
through (1), placing definitions in
alphabetical order, and adding the
following new definitions in
alphabetical order, to read as follows:
§112.2 Definitions.
* * » • • *
Adverse weather means the weather
conditions that make it difficult for
response equipment and personnel to
cleanup or remove spilled oil, and that
will be considered when identifying
response systems and equipment in a
response plan for the applicable
operating environment. Factors to
consider include significant wave height
as specified in Appendix E to this part,
as appropriate, ice conditions,
temperatures, weather-related visibility,
and currents within the area in which
the systems or equipment are intended
to function.
Complex means a facility possessing a
combination of transportation-related
and non-transportation-related
components that is subject to the
jurisdiction of more than one Federal
agency under section 311(j) of the Clean
Water Act.
Contract or other approved means: (1)
A written contractual agreement with an
oil spill removal organization(s) that
identifies and ensures the availability of
the necessary personnel and equipment
within appropriate response times; and/
or
(2) A written certification by the
owner or operator that the necessary
personnel and equipment resources,
owned or operated by the facility owner
or operator, are available to respond to
a discharge within appropriate response
times; and/or
(3) Active membership in a local or
regional oil spill removal organization(s)
that has identified and ensures adequate
access through such membership to
necessary personnel and equipment to
respond to a discharge within
appropriate response times in the
specified geographic areas; and/or
(4) Other specific arrangements
approved by the Regional Administrator
upon request of the owner or operator.
'*****
Fish and wildlife and sensitive
environments means areas that may be
identified by either their legal
designation or by evaluations of Area
Committees (for planning) or members
of the Federal On-Scene Coordinator's
spill response structure (during
responses). These areas may include
wetlands, National and State parks,
critical habitats for endangered/
threatened species, wilderness and
natural resource areas, marine
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
sanctuaries and estuarine reserves,
conservation areas, preserves, wildlife
areas, wildlife refuges, wild and scenic
rivers, recreational areas, national
forests, Federal and State lands that are
research national areas, heritage
program areas, land trust areas, and
historical and archeological sites and
parks. These areas may also include
unique habitats such as: aquaculture
sites and agricultural surface water
intakes, bird nesting areas, critical
biological resource areas, designated
migratory routes, and designated
seasonal habitats.
Injury means a measurable adverse
change, either long- or short-term, in the
chemical or physical quality or the
viability of a natural resource resulting
either directly or indirectly from
exposure to a discharge of oil, or
exposure to a product of reactions
resulting from a discharge of oil.
Maximum extent practicable means
the limitations used to determine oil
spill planning resources and response
times for on-water recovery, shoreline
protection, and cleanup for worst case
discharges from onshore non-
transportation-related facilities in
adverse weather. It considers the
planned capability to respond to a worst
case discharge in adverse weather, as
contained in a response plan that meets
the requirements in § 112.20 or in a
specific plan approved by the Regional
Administrator.
* * , * * *
Oil Spill Removal Organization means
an entity that provides oil spill response
resources, and includes any for-profit or
not-for-profit contractor, cooperative, or
in-house response resources that have
been established in a geographic area to
•provide required response resources.
*****
Worst case discharge for an onshore
non-transportation-related facility
means the largest foreseeable discharge
in adverse weather conditions as
determined using the worksheets in
Appendix D to this part.
5. Sections 112.20 and 112.21 are
added to read as follows:
I
§ 112.20 Facility response plans.
(a) The owner or operator of any non-
transportation-related onshore facility
that, because of its location, could
reasonably be expected to cause
substantial harm to the environment by
discharging oil into or on the navigable
waters or adjoining shorelines shall
prepare and submit a facility response
plan to the Regional Administrator,
according to the following provisions:
(1) For the owner or operator of a
facility in operation on or before
February 18,1993 who is required to
prepare and submit a response plan
under 33 U.S.C. 1321(j)(5), the Oil
Pollution Act of 1990 (Pub. L. 101-380,
33 U.S.C. 2701 et seq.) requires the
submission of a response plan that
satisfies the requirements of 33 U.S.C.
1321(j)(5) no later than February 18,
1993.
(i) The owner or operator of an
existing facility that was in operation on
or before February 18,1993 who
submitted a response plan by February
18,1993 shall revise the response plan
to satisfy the requirements of this
section and resubmit the response plan
or updated portions of the response plan
to the Regional Administrator by
February 18.1995.
(ii) The owner or operator of an
existing facility in operation on or
before February 18,1993 who failed to
submit a response plan by February 18,
1993 shall prepare and submit a
response plan that satisfies the
requirements of this section to the
Regional Administrator before August
30,1994.
(2) The owner or operator of a facility
in operation on or after August 30,1994
that satisfies the criteria in paragraph
(f)(l) of this section or that is notified by
the Regional Administrator pursuant to
paragraph (b) of this section shall
prepare and submit a facility response
plan that satisfies the requirements of
this section to the Regional
Administrator.
(i) For a facility that commenced
operations after February 18,1993 but
prior to August 30,1994, and is required
to prepare and submit a response plan
based on the criteria in paragraph (f)(l)
of this section, the owner or operator
shall submit the response plan or
updated portions of the response plan,
along with a completed version of the
response plan cover sheet contained in
Appendix F to this part, to the Regional
Administrator prior to August 30,1994.
(ii) For a newly constructed facility
that commences operation after August
30,1994, and is required to prepare and
submit a response plan based on the
criteria in paragraph (f)(l) of this
section, the owner or operator shall
submit the response plan, along with a
completed version of the response plan
cover sheet contained in Appendix F to
this part, to the Regional Administrator
prior to the start of operations
(adjustments to the response plan to
reflect changes that occur at the facility
during the start-up phase of operations
must be submitted to the Regional
Administrator after an operational trial
period of 60 days).
(iii) For a facility required to prepare
and submit a response plan after August
30,1994, as a result of a planned change
in design, construction, operation, or
maintenance that renders the facility
subject to the criteria in paragraph (f)(l)
of this section, the owner or operator
shall submit the response plan, along
with a completed version of the
response plan cover sheet contained in
Appendix F to this part, to .the Regional
Administrator before the portion of the
facility undergoing change commences
operations (adjustments to the response
plan to reflect changes that occur at the
facility during the start-up phase of
operations must be submitted fo the
Regional Administrator after an
operational trial period of 60 days).
(iv) For a facility required to prepare
and submit a response plan after August
30,1994, as a result of an unplanned
event or change in facility
characteristics that renders the facility
subject to the criteria in paragraph (f)(l)
of this section, the owner or operator
shall submit the response plan, along
with a completed version of the
response plan cover sheet contained in
Appendix F to this part, to the Regional
Administrator within six months of the
unplanned event or change.
(3) In the event the owner or operator
of a facility that is required to prepare
and submit a response plan uses an
alternative formula that is comparable to
one contained in Appendix C to this
part to evaluate the criterion in
paragraph (f)(l)(ii)(B) or (f)(l)(ii)(C) of
this section, the owner or operator shall
attach documentation to the response
plan cover sheet contained in Appendix
F to this part that demonstrates the
reliability and analytical soundness of
the alternative formula.
(b)(l) The Regional Administrator
may at any time require the owner or
operator of any non-transportation-
related onshore facility to prepare and
submit a facility response plan under
this section after considering the factors
in paragraph (f)(2) of this section. If
such a determination is made, the
Regional Administrator shall notify the
facility owner or operator in writing and
shall provide a basis for the
determination. If the Regional
Administrator notifies the owner or
operator in writing of the requirement to
prepare and submit a response plan
under this section, the owner or
operator of the facility shall submit the
response plan to the Regional
Administrator within six months of
receipt of such written notification.
(2) The Regional Administrator shall
review plans submitted by such
facilities to determine whether the
facility could, because of its location,
reasonably be expected to cause
significant and substantial harm to the
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environment by discharging oil into or
on the navigable waters or adjoining
shorelines.
(c) The Regional Administrator shall
determine whether a facility could,
because of its location, reasonably be
expected to cause significant and
substantial harm to the environment by
discharging oil into or on the navigable
waters or adjoining shorelines, based on
the factors in paragraph (f)(3) of this
section. If such a determination is made,
the Regional Administrator shall notify
the owner or operator of the facility in
writing and:
(1) Promptly review the facility
response plan;
(2) Require amendments to any
response plan that does not meet the
requirements of this section;
(3) Approve any response plan that
meets the requirements of this section;
and
(4) Review each response plan
periodically thereafter on a schedule
established by the Regional
Administrator provided that the period
between plan reviews does not exceed
five vears.
(d)(l) The owner or operator of a
facility for which a response plan is
required under this part shall revise and
resubmit revised portions of the
response plan within 60 days of each
facility change that materially may
affect the response to a worst case
discharge, including:
(i) A change in the facility's
configuration that materially alters the
information included in the response
plan;
(ii) A change in the type of oil
handled, stored, or transferred that
materially alters the required response
resources;
(iii) A material change in capabilities
of the oil spill removal organization(s)
that provide equipment and personnel
to respond to discharges of oil described
in paragraph (h)(5) of this section;
(iv) A material change in the facility's
spill prevention and response
equipment or emergency response
procedures; and
(v) Any other changes that materially
affect the implementation of the
response plan.
(2) Except as provided in paragraph
(d)(l) of this section, amendments to
personnel and telephone number lists
included in the response plan and a
change in the oil spill removal
organization(s) that does not result in a
material change in support capabilities
do not require approval by the Regional
Administrator. Facility owners or
operators shall provide a copy of such
changes to the Regional Administrator
as the revisions occur.
(3) The owner or operator of a facility
that submits changes to a response plan
as provided in paragraph (d)(l) or (d)(2)
of this section shall provide the EPA-
issued facility identification number
(where one has been assigned) with the
changes.
(4) The Regional Administrator shall
review for approval changes to a
response plan submitted pursuant to
paragraph (d)(l) of this section for a
facility determined pursuant to
paragraph (f)(3) of this section to have
the potential to cause significant and
substantial harm to the environment.
(e) If the owner or operator of a
facility determines pursuant to
paragraph (a)(2) of this section that the
facility could not, because of its
location, reasonably be expected to
cause substantial harm to the
environment by discharging oil into or
on the navigable waters or adjoining
shorelines, the owner or operator shall
complete and maintain at the facility the
certification form contained in
Appendix C to this part and, in the
event an alternative formula that is
comparable to one contained in
Appendix C to this part is used to
evaluate the criterion in paragraph
(f)(l)(ii)(B) or (f)(l)(ii)(C) of this section,
the owner or operator shall attach
documentation to the certification form
that demonstrates the reliability and
analytical soundness of the comparable
formula and shall notify the Regional
Administrator in writing that an
alternative formula was used.
(f)(l) A facility could, because of its
location, reasonably be expected to
cause substantial harm to the
environment by discharging oil into or
on the navigable waters or adjoining
shorelines pursuant to paragraph (a)(2)
of this section, if it meets any of the
following criteria applied in accordance
with the flowchart contained in
Attachment C-I to Appendix C to this
part:
(i) The facility transfers oil over water
to or from vessels and has a total oil
storage capacity greater than or equal to
42,000 gallons; or
(ii) The facility's total oil storage
capacity is greater than or equal to 1
million gallons, and one of the
following is true:
(A) The facility does not have
secondary containment for each
aboveground storage area sufficiently
large to contain the capacity of the
largest aboveground oil storage tank
within each storage area plus sufficient
freeboard to allow for precipitation;
(B) The facility is located at a distance
(as calculated using the appropriate
formula in Appendix C to this part or a
comparable formula) such that a
discharge from the facility could cause
injury to fish and wildlife and sensitive
environments. For further description of
fish and wildlife and sensitive
environments, see Appendices I, II, and
III of the "Guidance for Facility and
Vessel Response Plans: Fish and
Wildlife and Sensitive Environments"
(see Appendix E to this part, section 10,
for availability) and the applicable Area
Contingency Plan prepared pursuant to
section 311(j)(4) of the Clean Water Act;
(C) The facility is located at a distance
(as calculated using the appropriate
formula in Appendix C to this part or a
comparable formula) such that a
discharge from the facility would shut
down a public drinking water intake; or
(D) The facility has had a reportable
oil spill in an amount greater than or
equal to 10,000 gallons within the last
5 years.
(2)(i) To determine whether a facility
could, because of its location,
reasonably be expected to cause
substantial harm to the environment by
discharging oil into or on the navigable
waters or adjoining shorelines pursuant
to paragraph (b) of this section, the
Regional Administrator shall consider
the following:
(A) Type of transfer operation;
(B) Oil storage capacity;
(C) Lack of secondary containment;
(D) Proximity to fish and wildlife and
sensitive environments and other areas
determined by the Regional
Administrator to possess ecological
value;
(E) Proximity to drinking water
intakes;
(F) Spill history; and
(G) Other site-specific characteristics
and environmental factors that the
Regional Administrator determines to be
relevant to protecting the environment
from harm by discharges of oil into or
on navigable waters or adjoining
shorelines.
(ii) Any person, including a member
of the public or any representative from
a Federal, State, or local agency who
believes that a facility subject to this
section could, because of its location,
reasonably be expected to cause
substantial harm to the environment by
discharging oil into or on the navigable
waters or adjoining shorelines may
petition the Regional Administrator to
determine whether the facility meets the
criteria in paragraph (f)(2)(i) of this
section. Such petition shall include a
discussion of how the factors in
paragraph (f)(2)(i) of this section apply
to the facility in question. The RA shall
consider such petitions and respond in
an appropriate amount of time.
(3) To determine whether a facility
could, because of its location,
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
reasonably be expected to cause
significant and substantial harm to the
environment by discharging oil into or
on the navigable waters or adjoining
shorelines, the Regional Administrator
may consider the factors in paragraph
(fj(2) of this section as well as the
following:
(i) Frequency of past spills;
(ii) Proximity to navigable waters;
(iii) Age of oil storage tanks; and
(iv) Other facility-specific and Region-
specific information, including local
impacts on public health.
(g)(l) All facility response plans shall
be consistent with the requirements of
the National Oil and Hazardous
Substance Pollution Contingency Plan
(40 CFR part 300) and applicable Area
Contingency Plans prepared pursuant to
section 311(j)(4) of the Clean Water Act.
The facility response plan should be
coordinated with the local emergency
response plan developed by the local
emergency planning committee under
section 303 of Title III of the Superfund
Amendments and Reauthorization Act
of 1986 (42 U.S.C. 11001 et seq.). Upon
request, the owner or operator should
provide a copy of the facility response
plan to the local emergency planning
committee or State emergency response
commission.
(2) The owner or operator shall review
relevant portions of the National Oil and
Hazardous Substances Pollution
Contingency Plan and applicable Area
Contingency Plan annually and, if
necessary, revise the facility response
plan to ensure consistency with these
plans.
(3) The owner or operator shall review
and update the facility response plan
periodically to reflect changes at the
facility.
(h) A response plan shall follow the
format of the model facility-specific
response plan included in Appendix F
to this part, unless an equivalent
response plan has been prepared to
meet State or other Federal
requirements. A response plan that does
not follow the specified format in
Appendix F to this part shall have an
emergency response action plan as
specified in paragraphs (h)(l) of this
section and be supplemented with a
cross-reference section to identify the
location of the elements listed in
paragraphs (h)(2) through (h)(10) of this
section. To meet the requirements of
this part, a response plan shall address
the following elements, as further
described in Appendix F to this part:
(I) Emergency response action plan.
The response plan shall include an
emergency response action plan in the
format specified in paragraphs (h)(l)(i)
through (viii) of this section that is
maintained in the front of the response
plan, or as a separate document
accompanying the response plan, and
that includes the following information:
(i) The identity and telephone number
of a qualified individual having full
authority, including contracting
authority, to implement removal
actions;
(ii) The identity of individuals or
organizations to be contacted in the
event of a discharge so that immediate
communications between the qualified
individual identified in paragraph (h)(l)
of this section and the appropriate
Federal officials and the persons
providing response personnel and
equipment can be ensured;
(iii) A description of information to
pass to response personnel in the event
of a importable spill;
(iv) A description of the facility's
response equipment and its location;
(v) A description of response
personnel capabilities, including the
duties of persons at the facility during
a response action and their response
times and qualifications;
(vi) Plans for evacuation of the facility
and a reference to community
evacuation plans, as appropriate;
(vii) A description of immediate
measures to secure the source of the
discharge, and to provide adequate
containment and drainage of spilled oil;
and
(viii) A diagram of the facility.
(2) Facility information. The response
plan shall identify and discuss the
location and type of the facility, the
identity and tenure of the present owner
and operator, and the identity of the
qualified individual identified in
paragraph (h)(l) of this section.
(3) Information about emergency'
response. The response plan shall
include:
(i) The identity of private personnel
and equipment necessary to remove to
the maximum extent practicable a worst
case discharge and other discharges of
oil described in paragraph (h)(5) of this
section, and to mitigate or prevent a
substantial threat of a worst case
discharge (To identify response
resources to meet the facility response
plan requirements of this section,
owners or operators shall follow
Appendix E to this part or, where not
appropriate, shall clearly demonstrate in
the response plan why use of Appendix
E of this part is not appropriate at the
facility and make comparable
arrangements for response resources);
(ii) Evidence of contracts or other
approved means for ensuring the
availability of such personnel and
equipment;
(iii) The identity and the telephone
number of individuals or organizations
to be contacted in the event of a
discharge so that immediate
communications between the qualified
individual identified in paragraph (h)(l)
of this section and the appropriate
Federal official and the persons
providing response personnel and
equipment can be ensured;
(iv) A description of information to
pass to response personnel in the event
of a importable spill;
(v) A description of response
personnel capabilities, including the
duties of persons at the facility during
a response action and their response
times and. qualifications;
(vi) A description of the facility's
response equipment, the location of the
equipment, and equipment testing;
(vii) Plans for evacuation of the
facility and a reference to community
evacuation plans, as appropriate;
. (viii) A diagram of evacuation routes;
and
(ix) A description of the duties of the
qualified individual identified in
paragraph (h)(l) of this section, that
include:
(A) Activate internal alarms and
hazard communication systems to notify
all facility personnel;
(B) Notify all response personnel, as
needed;
(C) Identify the character, exact
source, amount, and extent of the
release, as well as the other items
needed for notification;
(D) Notify and provide necessary
information to the appropriate Federal,
State, and local authorities with
designated response roles, including the
National Response Center, State
Emergency Response Commission, and
Local Emergency Planning Committee;
(E) Assess the interaction of the
spilled substance with water and/or
other substances stored at the facility
and notify response personnel at the
scene of that assessment;
(F) Assess the possible hazards to
human health and the environment due
to the release. This assessment must
consider both the direct and indirect
effects of the release (i.e., the effects of
any toxic, irritating, or asphyxiating
gases that may be generated, or the
effects of any hazardous surface water
runoffs from water or chemical agents
used to control fire and heat-induced
explosion);
(G) Assess and implement prompt
removal actions to contain and remove
the substance released;
(H) Coordinate rescue and response
actions as previously arranged with all
response personnel;
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations 34101
(I) Use authority to immediately
access company funding to initiate
cleanup activities; and
0) Direct cleanup activities until
properly relieved of this responsibility.
(4) Hazard evaluation. The response
plan shall discuss the facility's known
or reasonably identifiable history of
discharges importable under 40 CFR part
110 for the entire life of the facility and
shall identify areas within the facility
where discharges could occur and what
the potential effects of the discharges
would be on the affected environment.
To assess the range of areas potentially
affected, owners or operators shall,
where appropriate, consider the
distance calculated in paragraph
(f)(l)(ii) of this section to determine
whether a facility could, because of its
location, reasonably be expected to
cause substantial harm to the
environment by discharging oil into or
on the navigable waters or adjoining
shorelines.
(5) Response planning levels. The
response plan shall include discussion
of specific planning scenarios for:
(i) A worst case discharge, as
calculated using the appropriate
worksheet in Appendix D to this part.
In cases where the Regional
.Administrator determines that the worst
case discharge volume calculated by the
facility is not appropriate, the Regional
Administrator may specify the worst
case discharge amount to be used for
response planning at the facility. For
complexes, the worst case planning
quantity shall be the larger of the
amounts calculated for each component
of the facility;
(ii) A discharge of 2,100 gallons or
less, provided that this amount is less
than the worst case discharge amount.
For complexes, this planning quantity
shall be the larger of the amounts
calculated for each component of the
facility; and
(iii) A discharge greater than 2,100
gallons and less than or equal to 36,000
gallons or 10 percent of the capacity of
the largest tank at the facility,
whichever is less, provided that this
amount is less than the worst case
discharge amount. For complexes, this
planning quantity shall be the larger of
the amounts calculated for each
component of the facility.
1 (6) Discharge detection systems. The
response plan shall describe the
procedures and equipment used to
detect discharges.
(7) Plan implementation. The
response plan shall describe:
(i) Response actions to be carried out
by facility personnel or contracted
personnel under the response plan to
ensure the safety of the facility and to
mitigate or prevent discharges described
in paragraph (h)(5) of this section or the
substantial threat of such discharges;
(ii) A description of the equipment to
be used for each scenario;
(iii) Plans to dispose of contaminated
cleanup materials; and
(iv) Measures to provide adequate
containment and drainage of spilled oil.
(8) Self-inspection, drills/exercises,
and response training. The response
plan shall include:
(i) A checklist and record of
inspections for tanks, secondary
containment, and response equipment;
(ii) A description of the drill/exercise
program to be carried out under the
response plan as described in § 112.21;
(iii) A description of the training
program to be carried out under the
response plan as described in § 112.21;
and
(iv) Logs of discharge prevention
meetings, training sessions, and drills/
exercises. These logs may be maintained
as an annex to the response plan.
(9) Diagrams. The response plan shall
include site plan and drainage plan
diagrams.
(10) Security systems. The response
plan shall include a description of
facility security systems.
(11) Response plan cover sheet. The
response plan shall include a completed
response plan cover sheet provided in
Section 2.0 of Appendix F to this part.
(i)(l) In the event the owner or
operator of a facility does not agree with
the Regional Administrator's
determination that the facility could,
because of its location, reasonably be
expected to cause substantial harm or
significant and substantial harm to the
environment by discharging oil into or
on the navigable waters or adjoining
shorelines, or that amendments to the
facility response plan are necessary
prior to approval, such as changes to the
worst case discharge planning volume,
the owner or operator may submit a ,
request for reconsideration to the
Regional Administrator and provide
additional information and data in
writing to support the request. The
request and accompanying information
must be submitted to the Regional
Administrator within 60 days of receipt
of notice of the Regional Administrator's
original decision. The Regional
Administrator shall consider the request
and render a decision as rapidly as
practicable.
(2) In the event the owner or operator
of a facility believes a change in the
facility's classification status is
warranted because of an unplanned
event or change in the facility's
characteristics (i.e., substantial harm or
significant and substantial harm), the
owner or operator may submit a request
for reconsideration to the Regional
Administrator and provide additional
information and data in wv "ing to
support the request. The Regional
Administrator shall consider the request
and render a decision as rapidly as
practicable.
(3) After a request for reconsideration
under paragraph (i)(l) or (i)(2) of this
section has been denied by the Regional
Administrator, an owner or operator
may appeal a determination made by
the Regional Administrator. The appeal
shall be made to the EPA Administrator
and shall be made in writing within 60
days of receipt of the decision from the
Regional Administrator that the request
for reconsideration was denied. A
complete copy of the appeal must be
sent to the Regional Administrator at the
time the appeal is made. The appeal
shall contain a clear and concise
statement of the issues and points of fact
in the case. It also may contain
additional information from the owner
or operator, or from any other person.
The EPA Administrator may request
additional information from the owner
or operator, or from any other person.
The EPA Administrator shall render a
decision as rapidly as practicable and
shall notify the owner or operator of the
decision.
§ 11&21 Facility response training and
drills/exercises.
(a) .The owner or operator of any
facility required to prepare a facility
response plan under § 112.20 shall
develop and implement a facility
response training program and a drill/
exercise program that satisfy the
requirements of this section. The owner
or operator shall describe the programs
in the response plan as provided in
§112.20(h)(8).
(b) The facility owner or operator
shall develop a facility response training
program to train those personnel
involved in oil spill response activities.
It is recommended that the training
program be based.on the USCG's
Training Elements for Oil Spill
Response, as applicable to facility
operations. An alternative program can
also be acceptable subject to approval by
the Regional Administrator.
(1) The owner or operator shall be
responsible for the proper instruction of
facility personnel in the procedures to
respond to discharges of oil and in
applicable oil spill response laws, rules,
and regulations.
(2) Training shall be functional in
nature according to job tasks for both
supervisory and non-supervisory
operational personnel.
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34102 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
(3) Trainers shall develop specific
lesson plans on subject areas relevant to
facility personnel involved in oil spill
response and cleanup.
(c) The facility owner or operator
shall develop a program of facility
response drills/exercises, including
evaluation procedures. A program that
follows the National Preparedness for
Response Exercise Program (PREP) (see
Appendix E to this part, section 10, for
availability) will be deemed satisfactory
for purposes of this section. An
alternative program can also be
acceptable subject to approval by the
Regional Administrator.
6. Part 112 is amended by
redesignating the appendix to Part 112
titled "Memorandum of Understanding
Between the Secretary of Transportation
and the Administrator of the
Environmental Protection Agency" as
Appendix A to Part 112.
Appendices B Through F Part 112 [Added]
7. Part 112 is amended by adding
Appendices B through F to read as
follows:
Appendix B to Part 112—Memorandum of
Understanding Among the Secretary of the
Interior, Secretary of Transportation, and
Administrator of the Environmental
Protection Agency
Purpose
This Memorandum of Understanding
(MOU) establishes the jurisdictional
responsibilities for offshore facilities,
including pipelines, pursuant to section 311
(j)(l)(c). (j)(5). and (j)(6)(A) of the Clean Water
Act (CWA), as amended by the Oil Pollution
Act of 1990 (Public Law 101-380). The
Secretary of the Department of the Interior
(DOI), Secretary of the Department of
Transportation (DOT), and Administrator of
the Environmental Protection Agency (EPA)
agree to the division of responsibilities set
forth below for spill prevention and control,
response planning, and equipment
inspection activities pursuant to those
provisions.
Background
Executive Order (E.O.) 12777 (56 FR
54757) delegates to DOI, DOT. and EPA
various responsibilities identified in section
311(j) of the CWA. Sections 2(b)(3). 2(d)(3),
and 2(e)(3) of E.O. 12777 assigned to DOI
spill prevention and control, contingency
planning, and equipment inspection
activities associated with offshore facilities.
Section 311(a)(ll) defines the term "offshore
facility" to include facilities of any kind
located in, on, or under navigable waters of
the United States. By using this definition,
the traditional DOI role of regulating facilities
on the Outer Continental Shelf is expanded
by E.0.12777 to include inland lakes, rivers,
streams, and any other inland waters.
Responsibilities
Pursuant to section 2(i) of E.O. 12777. DOI
redelegates, and EPA and DOT agree to
assume, the functions vested in DOI by
sections 2(b)(3), 2(d)(3), and 2(e)(3) of E.O.
12777 as set forth below. For purposes of this
MOU, the term "coast line" shall be defined
as in the Submerged Lands Act (43 U.S.C.
1301(c)) to mean "the line of ordinary low
water along that portion of the coast which
is in direct contact with the open sea and the
line marking the seaward limit of inland
waters." '
1. To EPA, DOI redelegates responsibility
for non-transportation-related offshore
facilities located landward of the coast line.
2. To DOT, DOI redelegates responsibility
for transportation-related facilities, including
pipelines, located landward of the coast line.
The DOT retains jurisdiction for deepwater
ports and their associated seaward pipelines,
as delegated by E.O. 12777.
3. The DOI retains jurisdiction over
facilities, including pipelines, located
seaward of the coast line, except for
deepwater ports and associated seaward
pipelines delegated by E.O. 12777 to DOT.
Effective Date
This MOU is effective on the date of the
final execution by the indicated signatories.
Limitations
1. The DOI, DOT, and EPA may agree in
writing to exceptions to this MOU on a
facility-specific basis. Affected parties will
receive notification of the exceptions.
2. Nothing in this MOU is intended to
replace, supersede, or modify any existing
agreements between or among DOI, DOT, or
EPA.
Modification and Termination
Any party to this agreement may propose
modifications by submitting them in writing
to the heads of the other agency/department.
No modification may be adopted except with
the consent of all parties. All parties shall
indicate their consent to or disagreement
with any proposed modification within 60
days of receipt. Upon the request of any
party, representatives of all parties shall meet
for the purpose of considering exceptions or
modifications to this agreement. This MOU
may be terminated only with the mutual
consent of all parties.
Dated: November 8,1993.
Bruce Babbitt,
Secretary of the Interior.
Dated: December 14,1993.
Federico Pena,
Secretary of Transportation.
Dated: February 3,1994.
Carol M. Browner,
Administrator, Environmental Protection
Agency.
Appendix C to Part 112—Substantial Harm
Criteria
1.0 Introduction
The flowchart provided in Attachment C-
I to this appendix shows the decision tree
with the criteria to identify whether a facility
"could reasonably be expected to cause
substantial harm to the environment by
discharging into or on the navigable waters
or adjoining shorelines." In addition, the
Regional Administrator has the discretion to
identify facilities that must prepare and
submit facility-specific response plans to
EPA.
1.1 Definitions
1.1.1 Great Lakes means Lakes Superior,
Michigan, Huron, Erie, and Ontario, their
connecting and tributary waters, the Saint .
Lawrence River as far as Saint Regis, and
adjacent port areas.
1.1.2 Higher Volume Port Areas include
(1) Boston, MA;
(2) New York, NY;
(3) Delaware Bay and River to
Philadelphia, PA;
(4) St. Croix, VI;
(5) Pascagoula, MS;
(6) Mississippi River from Southwest Pass,
LA to Baton Rouge, LA;
(7) Louisiana Offshore Oil Port (LOOP).
LA;
(8) Lake Charles, LA;
(9) Sabine-Neches River, TX;
(10) Galveston Bay and Houston Ship
Channel. TX; ,
(11) Corpus Christi, TX;
(12) Los Angeles/Long Beach Harbor, CA;
(13) San Francisco Bay, San Pablo Bay,
Carquinez Strait, and Suisun Bay to Antioch,
CA; • " .
(14) Straits of Juan de Fuca from Port
Angeles, WA to and including Puget Sound,
WA;
(15) Prince William Sound, AK; and
(16) Others as specified by the Regional
Administrator for any EPA Region.
1.1.3 Inland Area means the area
shoreward of the boundary lines defined in
46 CFR part 7, except in the Gulf of Mexico.
In the Gulf of Mexico, it means the area
shoreward of the lines of demarcation
(COLREG lines as defined in 33 CFR
80.740—80.850). The inland area does not
include the Great Lakes.
1.1.4 Rivers and Canals means a body of
Vater confined within the inland area,
including the Intracoastal Waterways and
other waterways artificially created for
navigating that have project depths of 12 feet
or less.
2.0 Description of Screening Criteria for the
Substantial Harm Flowchart
A facility that has the potential to cause
substantial harm to the environment in the
event of a discharge must prepare and submit
a facility-specific response plan to EPA in
accordance with Appendix F to this part. A
description of the screening criteria for the
substantial harm flowchart is provided
below:
2.1 Non-Transportation-Related Facilities
With a Total Oil Storage Capacity Greater
Than or Equal to 42,000 Gallons Where
Operations Include Over-Water Transfers of
Oil. A non-transportation-related facility with
a total oil storage capacity greater than 42,000
gallons that transfers oil over water to or from
vessels must submit a response plan to EPA.
Daily oil transfer operations at these types of
facilities occur between barges and vessels
and onshore bulk storage tanks over open
water. These facilities are located adjacent to
navigable water.
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2.2 Lack of Adequate Secondary
Containment at Facilities With a Total Oil
Storage Capacity Greater Than or Equal to 1
Million Gallons. Any facility with a total oil
storage capacity greater than or equal to 1
million gallons without secondary
containment sufficiently large to contain the
capacity of the largest aboveground oil
storage tank within each area plus sufficient
freeboard to allow for precipitation must
submit a response plan to EPA. Secondary
containment structures that meet the
standard of good engineering practice for the
purposes of this part include Semis, dikes,
retaining walls, curbing, culverts, gutters, or
other drainage systems.
2.3 Proximity to Fish and Wildlife and
Sensitive Environments at Facilities With a
Total Oil Storage Capacity Greater Than or
Equal to 1 Million Gallons. A facility with a
total oil storage capacity greater than or equal
to 1 million gallons must submit its response
plan if it is located at a distance such that
a discharge from the facility could cause
injury (as defined at 40 CFR 112.2) to fish
and wildlife and sensitive environments. For
further description of fish and wildlife and
sensitive environments, see Appendices I, II,
and ni to DOC/NOAA's "Guidance for
Facility and Vessel Response Plans: Fish and
Wildlife and Sensitive Environments" (see
Appendix E to this part, section 10, for
availability) and the applicable Area
Contingency Plan. Facility owners or
operators must determine the distance at
which an oil spill could cause injury to fish
and wildlife and sensitive environments
using the appropriate formula presented in
Attachment C-III to this appendix or a
comparable formula.
2.4 Proximity to Public Drinking Water
Intakes at Facilities with a Total Storage Oil
Capacity Greater Than or Equal to 1 Million
Gallons. A facility with a total storage
capacity greater than or equal to 1 million
gallons must submit its response plan if it is
located at a distance such that a discharge
from the facility would shut down a public
drinking water intake, which is analogous to
a public water system as described at 40 CFR
143.2(c). The distance at which an oil spill
from an SPCC-regulated facility would shut
down a public drinking water intake shall be
calculated using the appropriate formula
presented in Attachment C-III to this
appendix or a comparable formula.
2.5 Facilities That Have Experienced
Beportable Oil Spills in an Amount Greater
Than or Equal to 10,000 Gallons Within the
Past 5 Years and That Have a Total Oil
Storage Capacity Greater Than or Equal to 1
Million Gallons. A facility's oil spill history
within the past 5 years shall be considered
in the evaluation for substantial harm. Any
facility with a total oil storage capacity
greater than or equal to 1 million gallons that
has experienced a importable oil spill in an
amount greater than or equal to 10,000
gallons within the past 5 years must submit
a response plan to EPA.
3.0 Certification for Facilities That Do Not
Pose Substantial Harm
If the facility does not meet the substantial
harm criteria listed in Attachment C-l to this
appendix, the owner or operator shall
complete and maintain at the facility the
certification form contained in Attachment
C-II to this appendix. In the event an
alternative formula that is comparable to the
one in this appendix is used to evaluate the
substantial harm criteria, the owner or
operator shall attach documentation to the
certification form that demonstrates the
reliability and analytical soundness of the
comparable formula and shall notify the
Regional Administrator in writing that an
alternative formula was used.
4.0 References
Chow, V.T. 1959. Open Channel
Hydraulics. McGraw Hill.
USCGIFR (58 FR 7353, February 5.1993).
This document is available through EPA's
rulemaking docket as noted in Appendix E to
this part, section 10.
Attachments to Appendix C
6MO-60-P
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34104 Federal Register / Vol. 59, No. 126 / Friday, July l, 1994 / Rules and Regulations
Attachment C - I
Flowchart of Criteria for Substantial Harm
Does the facility transfer oil over
water to or from vessels and does
the facility have a total oil storage
capacity greater than or equal to
42,000 gallons?
Yea
No
Does the facility have a total oil
storage capacity greater than or
equal to 1 million gallons?
Yes
No
Submit Response Plan
Within any aboveground storage tank
area, does the facility lack secondary
containment that is sufficiently large to
contain the capacity of the largest
aboveground oil storage tank plus sufficient
freeboard to allow for precipitation?
;Ye»
No
Is the facility located at a distance '
such that a discharge from the facility
could cause injury to fish and wildlife ,
and sensitive environments 2 ? j
Yes
No
Is the faculty located at a distance '
such that a discharge from the facility
would shut down a public drinking
water intake J ?
Yes
No
Has the facility experienced a reportable
oil spill in an amount greater than or equal
to 10,000 gallons within the last 5 years?
No Submittal of Response Plan
Except at RA Discretion
Yes
No
BILLING CODE BMO-60-C
1 Calculated using the appropriate
formula in Attachment C-III to this
appendix or a comparable formula.
2 For further description of fish and
wildlife and sensitive environments,
see Appendices t IL and HI to
DOC/NOAA's tjuidance for Facility
and Vessel Response Plans: Fish and
Wildlife and Sensitive Environments"
(59 FR 14713. Much 29. 1994) ind
the applicable Area Contingency Plan.
3 Public drinking water intakes are
analogous to public water systems
u described at 40 CFR 1412
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations 34105
Attachment C-D—Certification of the
Applicability of the Substantial Harm
Criteria
Facility Name: • —
Facility Addresses:
1. Does the facility transfer oil over water
to or from vessels and does the facility have
a total oil storage capacity greater than or
equal to 42,000 gallons?
Yes No ;
2. Does the facility have a total oil storage
capacity greater than or equal to 1 million
gallons and does the facility lack secondary
containment that is sufficiently large to
contain the capacity of the largest
'aboveground oil storage tank plus sufficient
freeboard to allow for precipitation within
any aboveground oil storage tank area?
Yes No
3. Does the facility have a total oil storage
capacity greater than or equal to 1 million
gallons and is the facility located at a
distance (as calculated using the appropriate
formula in Attachment C-I1I to this appendix
or a comparable formula') such that a
discharge from the facility could cause injury
to fish and wildlife and sensitive
environments? For further description of fish
and wildlife and sensitive environments, see
Appendices I, II, and m to DOC/NOAA's
"Guidance for Facility and Vessel Response
Plans: Fish and Wildlife and Sensitive
Environments" (see Appendix E to this part,
section 10, for availability) and the
applicable Area Contingency Plan.
Yes No
4. Does the facility have a total oil storage
capacity greater than or equal to 1 million
gallons and is the facility located at a
distance (as calculated using the appropriate
formula in Attachment C-QI to this appendix
or a comparable formula *) such that a
discharge from the facility would shut down
a public drinking water intake z ?
Yes No
5. Does the facility have a total oil storage
capacity greater than or equal to 1 million
gallons and has the facility experienced a .
reportable oil spill in an amount greater than
or equal to 10.000 gallons within the last 5
years?
Yes No_
Certification
I certify under penalty of law that I have
personally examined and am familiar with
the information submitted in this document,
and that based on my inquiry of those
individuals responsible for obtaining this
information. I believe that the submitted
information is true, accurate, and complete.
Signature
Name (please type or print)
Title
Date
Attachment COL—Calculation of the
Planning Distance
1.0 Introduction
1.1 The facility owner or operator must
evaluate whether the facility is located at a
distance such that a discharge from the
facility could cause injury to fish and
wildlife and sensitive environments or
disrupt operations at a public drinking water
intake. To quantify that distance, EPA
considered oil transport mechanisms over
land and on still, tidal influence, and moving
navigable waters. EPA has determined that
the primary concern for calculation of a
planning distance is the transport of oil in
navigable waters during adverse weather
conditions. Therefore, two formulas have
been developed to determine distances for .
planning purposes from the point of
discharge at the facility to the potential site
of impact on moving and still waters,
respectively. The formula for oil transport on
moving navigable water is based on the
velocity of the water body and the time
interval for arrival of response resources. The
still water formula accounts for the spread of
discharged oil over the surface of the water.
The method to determine oil transport on
tidal influence areas is based on the type of
oil spilled and the distance down current
during ebb. tide and up current during flood
tide to the point of maximum tidal influence.
1.2 EPA's formulas were designed to be
simple to use. However, facility owners or
operators may calculate planning distances
using more sophisticated formulas, which
take into account broader scientific or
engineering principles, or local conditions.
Such comparable formulas may result in
different planning distances than EPA's
formulas. In the event that an alternative
formula that is comparable to one contained
in this appendix is used to evaluate the
criterion in 40 CFR H2.20(f)(l)(ii)(B) or
(f)(l)(ii)(C), the owner or operator shall attach
documentation to the response plan cover
sheet contained in Appendix F to this part
that demonstrates the reliability and
analytical soundness of the alternative
formula and shall notify the Regional
Administrator in writing that an alternative
formula was used.1
1.3 A regulated facility may meet the
criteria for the potential to cause substantial
harm to the environment without having to
perform a planning distance calculation. For
facilities that meet the substantial, harm
criteria because of inadequate secondary
containment or oil spill history, as listed in
1 If a comparable formula is used documentation
of the reliability and analytical soundness of the
comparable formula must be attached to this form.
2 For the purposes of 40 CFR part 112. public
drinking water intakes are analogous to public
water systems as described at 40 CFR 143.2(c).
* For persistent oils or non-persistent oils, a worst
case trajectory model (i.e., an alternative formula)
may be substituted for the distance formulas
described in still, moving, and tidal waters, subject
to Regional Administrator's review of the model.
An example of an alternative formula that is
comparable to the one contained in this appendix
would be a worst case trajectory calculation based
on credible adverse winds, currents, and/or river
stages, over a range of seasons, weather conditions,
and river stages. Based on historical information or
a spill trajectory model, the Agency may require
that additional fish and wildlife and sensitive
environments or public drinking water intakes also
be protected.
the flowchart In Attachment C-I to this
appendix, calculation of the planning
distance is unnecessary. For facilities that do
not meet the substantial harm criteria for
secondary containment or oil spill history as
listed in the flowchart, calculation of a
planning distance for proximity to fish and
wildlife and sensitive environments and
public drinking water intakes is required,
unless it is clear without performing the
.calculation (e.g.. the facility is located in a
wetland) that these areas would be impacted.
1.4 A facility owner or operator who must
perform a planning distance calculation on
navigable water is only required to do so for
the type of navigable water conditions (i.e.,
moving water, still water, or tidal- influenced
water) applicable to the facility. If a facility
owner or operator determines that more than
one type of navigable water condition
applies, then the facility owner or operator is
required to perform a planning distance
calculation for each navigable water type to
determine the greatest single distance that oil
may be transported. As a result, the final
planning distance for oil transport on water
shall be the greatest individual distance
rather than a summation of each calculated
planning distance.
1.5 The planning distance formula for
transport on moving waterways contains
three variables: the velocity of the navigable
water (v), the response time interval (t), and
a conversion factor (c). The velocity, v, is
determined by using the Chezy-Manning
equation, which, in this case, models the
flood flow rate of water in open channels.
The Chezy-Manning equation contains three
variables which must be determined by
facility owners or operators. Manning's
Roughness Coefficient (for flood flow rates),
n, can be determined from Table 1 of this
attachment. The hydraulic radius, r, can be
estimated using the average mid-channel
depth from charts provided by the sources
listed in Table 2 of this attachment. The .
average slope of the river, s, can be
determined using topographic maps that can
be ordered from the U.S. Geological Survey,'
as listed in Table 2 of this attachment.
1.6 Table 3 of this attachment contains
specified time intervals for estimating the
arrival of response resources at the scene of
a discharge. Assuming no prior planning!
response resources should be able to arrive
at the discharge site within 12 hours of the
discovery of any oil discharge in Higher
Volume Port Areas and within 24 hours in '
Great Lakes and all other river, canal, inland,
and nearshore areas. The specified time
intervals in Table 3 of Appendix C are to be
used only to aid in the identification of
whether a facility could cause substantial
harm to the environment. Once it is
determined that a plan must be developed for
the facility, the owner or operator shall
reference Appendix E to this part to
determine appropriate resource levels and
response times. The specified time intervals
of this appendix include a 3-hour time period
for deployment of boom and other response
equipment. The Regional Administrator may
identify additional areas as appropriate.
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34106 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
2.0 Oi] Transport on Moving Navigable
Waters
2.1 The facility owner or operator
must use the following formula or a
comparable formula as described in
§ 112.20(a)(3) to calculate the planning
distance for oil transport on moving
navigable water:
d=v x t x c; where
d: the distance downstream from a facility
within which fish and wildlife and
sensitive environments could be injured
or a public drinking water intake would
be shut down in the event of an oil
discharge (in miles);
v: the velocity of the river/navigable water of
concern (in ft/sec) as determined by
Chezy-Manning's equation (see below
and Tables 1 and 2 of this attachment);
t: the time interval specified in Table 3 based
upon the type of water body and location
(in hours); and
c: constant conversion factor 0.68 sec»mile/
hr»ft (3600 sec/hr* 5280 ft/mile).
2.2 Chezy-Manning's equation is used to
determine velocity:
v=l.5/n x rVs x sVi; where
v=the velocity of the river of concern (in ft/
sec);
n=Manning's Roughness Coefficient from
Table 1 of this attachment;
r=the hydraulic radius; the hydraulic radius
can be approximated for parabolic
channels by multiplying the average
mid-channel depth of the river (in feet)
by 0.667 (sources for obtaining the mid-
channel depth are listed in Table 2 of
this attachment); and
s=the average slope of the river (unitless)
obtained from U.S. Geological Survey
topographic maps at the address listed in
Table 2 of this attachment.
TABLE 1.—MANNING'S ROUGHNESS
COEFFICIENT FOR NATURAL STREAMS
[NOTE: Coefficients are presented for high flow
rates at or near flood stage.]
Stream description
Minor Streams (Top Width <100 ft)
Clean:
Straight
Winding
Sluggish (Weedy, deep pools):
No trees or brush
Trees and/or brush
Major Streams (Top Width >100 ft)
Regular section:
(No boulders/brush)
Irregular section:
(Brush)
Rough-
ness co-
efficient
(n)
0.03
.04
.06
.10
.035
.05
TABLE 2.—SOURCES OF R AND s FOR
THE CHEZY-MANNING EQUATION
All of the charts and related publications for
navigational waters may be ordered from:
Distribution Branch
(N/CG33)
National Ocean Service
Riverdale, Maryland 20737-1199
TABLE 2.—SOURCES OF R AND s FOR
THE CHEZY-MANNING EQUATION—
Continued
Phone: (301 )43&-6990
There will be a charge for materials or-
dered and a VISA or Mastercard will be
accepted.
The mid-channel depth to be used in the cal-
culation of the hydraulic radius (r) can be
obtained directly from the following
sources:
Charts of Canadian Coastal and Great
Lakes Waters:
Canadian Hydrographic Service
Department of Fisheries and Oceans Insti-
tute
P.O. Box 8080
1675 Russell Road
Ottawa, Ontario KIG 3H6
Canada
Phone: (613) 998-4931
Charts and Maps of Lower Mississippi
River
(Gulf of Mexico to Ohio River and St
Francis, White, Big Sunflower,
Atchafalaya, and other rivers):
U.S. Army Corps of Engineers
Vteksburg District
P.O. Box 60
Vicksburg, Mississippi 39180
Phone: (601) 634-6000
Charts of Upper Mississippi River and Illi-
nois Waterway to Lake Michigan:
U.S. Army Corps of Engineers
Rock Island District
P.O. Box 2004
Rock Island, Illinois 61204
Phone: (309) 794-5552
Charts of Missouri River:
U.S. Army Corps of Engineers
Omaha District
6014 U.S. Post Office and Courthouse
Omaha, Nebraska 68102
Phone:(402)221-3900
Charts of Ohio River
U.S. Army Corps of Engineers
Ohio River Division
P.O. Box 1159
Cincinnati, Ohio 45201
Phone: (513) 684-3002
Charts of Tennessee Valley Authority Res-
ervoirs, Tennessee River and Tribu-
taries:
Tennessee Valley Authority
Maps and Engineering Section
416 Union Avenue
Knoxville, Tennessee 37902
Phone: (615) 632-2921
Charts of Black Warrior River, Alabama
River, Tombigbee River, Apalachicola
River and Peart River
U.S. Army Corps of Engineers
Mobile District
P.O. Box 2288
Mobile, Alabama 36628-0001
Phone:(205)690-2511
The average slope of the river (s) may be
obtained from topographic maps:
U.S. Geological Survey
Map Distribution
Federal Center
BkJg. 41
Box 25286
TABLE 2.—SOURCES OF R AND s FOR
THE CHEZY-MANNING EQUATION—
Continued
Denver, Colorado 80225
Additional information can be obtained from
the following sources:
1. The State's Department of Natural Re-
sources (DNR) or the State's Aids to
Navigation office;
2. A knowledgeable local marina operator,
or
3. A knowledgeable local water authority
(e.g., State water commission)
2.3. The average slope of the river (s) can
be determined from the topographic maps
using the following steps:
(1) Locate the facility on the map.
(2) Find the Normal Pool Elevation at the
point of discharge from the facility into the
water (A).
(3) Find the Normal Pool Elevation of the.
public drinking water intake or fish and
wildlife and sensitive environment located
downstream (B) (Note: The owner or operator
should use a minimum of 20 miles
downstream as a cutoff to obtain the average
slope if the location of a specific public
drinking water intake or fish and wildlife and
sensitive environment is unknown).
(4) If the Normal Pool Elevation is not
available, the elevation contours can be used
to find the slope. Determine elevation of the
water at the point of discharge from the
facility (A). Determine the elevation of the
water at the appropriate distance
downstream (B). The formula presented
below can be used to calculate the slope.
(5) Determine the distance (in miles)
between the facility and the public drinking
water intake or fish and wildlife and
sensitive environments (C).
(6) Use the following formula to find the
slope, which will be a unitless value:
Average Slope=[(A—B) (ft)/C (miles)] x [1
mile/5280 feet]
2.4 If it Is not feasible to determine the
slope and mid-channel depth by the Chezy-
Manning equation, then the river velocity can
be approximated on- site. A specific length,
such as 100 feet, can be marked off along the
shoreline. A float can be dropped into the
stream above the mark, and the time required
for the float to travel the distance can be used
to determine the velocity in feet per second.
However, this method will not yield an
average velocity for the length of the stream,
but a velocity only for the specific location
of measurement. In addition, the flow rate
will vary depending on weather conditions
. such as wind and rainfall. It is recommended
that facility owners or operators repeat the
measurement under a variety of conditions to
obtain the most accurate estimate of the
surface water velocity under adverse weather
conditions.
2.5 The planning distance calculations
for moving and still navigable waters are
based on wont case discharges of persistent
oils. Persistent oils are of concern because
they can remain in the water for significant
• periods of time and can potentially exist in
large quantities downstream. Owners or
operators of facilities that store persistent as
well as non-persistent oils may use a
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations 34107
comparable formula. The volume of oil
discharged is not included as part of the
planning distance calculation for moving
navigable waters. Facilities that will meet
this substantial harm criterion are those with
facility capacities greater than or equal to 1
million gallons. It is assumed that these
facilities are capable of having an oil
discharge of sufficient quantity to cause
injury to fish and wildlife and sensitive
environments or shut down a public drinking
water intake. While owners or operators of
.transfer facilities that store greater than or
equal to 42,000 gallons are not required to
use a planning distance formula for purposes
of the substantial harm criteria, they should
use a planning distance calculation in the
development of facility-specific response
plans.
TABLE 3.—SPECIFIED TIME INTERVALS
Operating
areas
Higher vol-
ume port
area.
Great
Lakes.
All other
rivers
and ca-
nals, In-
land,
and
near-
shore
areas.
Substantial harm planning time
(hrs)
12 hour amval+3
deployment-15 hours.
24 hour arrival+3
deployment^? hours.
24 hour arrival+3
beployment=27 hours.
hour
hour
hour
2.6 Example of the Planning Distance
Calculation for Oil Transport on Moving
Navigable Waters. The following example
provides a sample calculation using the
planning distance formula for a facility
discharging oil into the Monongahela River.
(1) Solve for v by evaluating n, r, and s for
the Chezy-Manning equation:
Find the roughness coefficient, n, on Table
1 of this attachment for a regular section of
a major stream with a top width greater than
100 feet The top width of the river can be
found from the topographic map.
n=0.035.
Find slope, s, where A=727 feet, B=710 feet,
and C=25 miles.
Solving:
8=((727 ft— 710 ft)/25 miles] x [1 mile/5280
feet]=1.3xlO-«
The average mid-channel depth is found by
averaging the mid-channel depth for each
mile along the length of the river between the
facility and the public drinking water intake
or the fish or wildlife or sensitive
environment (or 20 miles downstream if
applicable). This value is multiplied by 0.667
to obtain the hydraulic radius. The mid-
channel depth is found by obtaining values
for r and s from the sources shown in Table
2 for the Monongahela River.
Solving:
r=0.667x20 feet=13.33 feet
Solve for v using:
(2) Find t from Table 3 of this attachment.
The Monongahela River's resource response
time is 27 hours.
(3) Solve for planning distance, d:
d=v x t x c
d=(2.73 ft/sec)x(27 hours )x(0.68 sec*mile/
hr»ft)
d=50 miles
Therefore. SO miles downstream is the
appropriate planning distance for this
facility.
3.0 Oil Transport on Still Water
3.1 For bodies of water including lakes. or
ponds that do not have a measurable
velocity, the spreading of the oil over the
surface must be considered. Owners or
operators of facilities located next to still
water bodies may use a comparable means of
calculating the planning distance. If a
comparable formula is used, documentation
of the reliability and analytical soundness of
the comparable calculation must be attached
to the response plan cover sheet.
3.2 Example of the Planning Distance
Calculation for Oil Transport on Still Water.
To assist those facilities which could
potentially discharge into a still body of
water, the following analysis was performed
to provide an example of the type of formula
that may be used to calculate the planning
distance. For this example, a worst case
discharge of 2,000.000 gallons is used.
(1) The surface area in square feet covered
by an oil spill on still water,' Al, can be
determined by the following formula,2 where
V is the volume of the spill in gallons and
C is a constant conversion factor.
O0.1643
Ai=10*x(2,000,000 gallons)y4x(0.1643)
A,=8.74xlO» ft2
(2) The spreading formula is based on the
theoretical condition that the oil will spread
uniformly in all directions forming a circle.
In reality, the outfall of the discharge will '
direct the oil to the surface of the water
where it intersects the shoreline. Although
the oil will not spread uniformly in all
directions, it is assumed that the discharge
will spread from the shoreline into a semi-
circle (this assumption does not account for
winds or wave action).
(3) The area of a drcle=Kr2
(4) To account for the assumption that oil
will spread in a semi-circular shape, the area
of a circle is divided by 2 and is designated
as A2.
Solving for the radius, r, using the
relationship A,=A2: 8.74x10* ft2=(itr2)/2
Therefore, r=23.S86 ft
r=23,586 ft+5,280 ft/mile=4.5 miles
Assuming a 20 knot wind under storm
conditions:
1 knot=l!l5 miles/hour
20 knotsxl.15 miles/hour/knot=23 miles/hr
v=ll.5/0.035]x(13.33)OTx(1.3xlO-4)"1
v=2.73 feet/second
1 Huang, J.C and Monastero. F.C, 1982. Review
of the State-of-the-Att of Oil Pollution Models. Final
report submitted to the American Petroleum
Institute by Raytheon Ocean Systems, Co., East
Providence, Rhode bland.
Assuming that the oil slick moves at 3
, percent of the wind's speed:3
23 miles/hourx0.03=0.69 miles/hour
(5) To estimate the distance that the oil
will travel, use the times required for
response resources to arrive at different
geographic locations as shown in Table 3 of
this attachment..
For example:
For Higher Volume Port Areas: 15 hrsxO.69
miles/hr=10.4 miles
For Great Lakes and all other areas: 27
hrsxO.69 miles/hr=18.6 miles
(6) The total distance that the oil will travel
from the point of discharge, including the
distance due to spreading, is calculated as
follows:
Higher Volume Port Areas: dslO.4+4.5 miles
or approximately 15 miles
Great Lakes and all other areas: d=18.6+4.5
miles or approximately 23 miles
4.0 Oil Transport on Tidal-Influence Areas
4.1 The planning distance method for
tidal influence navigable water is based on
worst case discharges of persistent and non-
persistent oils. Persistent oils are of primary
concern because they can potentially cause
harm over a greater distance. For persistent
oils discharged into tidal waters, the
planning distance is 15 miles from the
facility down current during ebb tide and to
the point of maximum tidal influence or 15
miles, whichever is less, during flood tide.
4.2 For non-persistent oils discharged
into tidal waters, the planning distance is 5
miles from the facility down current during
ebb tide and to the point of maximum tidal
influence or 5 miles, whichever is less,
during flood tide.
4.3 Example of Determining the Planning
Distance for Two Types of Navigable Water .
Conditions. Below is an example of how to
determine the proper planning distance
when a facility could impact two types of
navigable water conditions: moving water
and tidal water.
(1) Facility X stores persistent oil and is
located downstream from locks along a slow
moving river which is affected by tides. The
river velocity, v, is determined to be 0.5 feet/
second'from the Chezy-Manning equation
used to calculate oil transport on moving
navigable waters. The specified time interval,
t, obtained from Table 3 of this attachment
for river areas is 27 hours. Therefore, solving
for the planning distance, d:
d=vx t x c
d=(0.5 ft/sec) x (27 hours) x (0.68 seranile/
hr^ft)
d=9.18 miles.
(2) However, the planning distance for
maximum tidal influence down current
during ebb tide is 15 miles, which is greater
than the calculated 9.18 miles. Therefore, 15
miles downstream is the appropriate
planning distance for this facility.
5.0 Oil Transport Over Land
• 5.1 Facility owners or operators must
evaluate the potential for oil to be
1 Oil Spill Prevention 6- Control. National Spill
Control School, Corpus Christ! State University.
Thirteenth Edition. May 1990.
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34108 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
transported over land to navigable waters of
the United States. The owner or operator
must evaluate the likelihood that portions of
a worst case discharge would reach navigable
waters via open channel flow or from sheet
flow across the land, or be prevented from
reaching navigable waters when trapped in
natural or man-made depressions excluding
secondary containment structures.
5.2 As discharged oil travels over land, it
may enter a storm drain or open concrete
channel intended for drainage. It is assumed
that once oil reaches such an inlet, it will
flow into the receiving navigable water.
During a storm event, it is highly probable
that the oil will either flow into the drainage
structures or follow the natural contours of
the land and flow into the navigable water.
Expected minimum and maximum velocities
are provided as examples of open concrete
channel and pipe flow. The ranges listed
below reflect minimum and maximum
velocities used as design criteria.4 The
calculation below demonstrates that the time
required for oil to travel through a storm
drain or open concrete channel to navigable
water is negligible and can be considered
instantaneous. The velocities are:
For open concrete channels:
maximum velocity=25 feet per second
minimum velocity=3 feet per second
For storm drains:
maximum velocity=25 feet per second
minimum velocity=2 feet per second
5.3 Assuming a length of 0.5 mile from
the point of discharge through an open
concrete channel or concrete storm drain to
4 The design velocities were obtained from
Howard County, Maryland Department of Public
Works' Storm Drainage Design Manual. '
a navigable water, the travel times (distance/
velocity) are:
1.8 minutes at a velocity of 25 feet per second
14.7 minutes at a velocity of 3 feet per second
22.0 minutes for at a velocity of 2 feet per
second
5.4 The distances that shall be considered
to determine the planning distance are
illustrated in Figure C-I of this attachment.
The relevant distances can be described as
follows:
Dl=Distance from the nearest opportunity for
discharge, Xi, to a storm drain or an
open concrete channel leading to
navigable water.
D2=Distance through the storm drain or open
concrete channel to navigable water.
D3=Distance downstream from the outfall
within which fish and wildlife and ,
sensitive environments could be injured
or 4 public drinking water intake would
be shut down as determined by the
planning distance formula.
D4=Distance from the nearest opportunity for
discharge, X2, to fish and wildlife and
sensitive environments not bordering
navigable water.
5.5 A facility owner or operator whose
nearest opportunity for discharge is located
within 0.5 mile of a navigable water must
complete the planning distance calculation
(D3) for the type of navigable water near the
facility or use a comparable formula.
5.6 A facility that is located at a distance
greater than 0.5 mile from a navigable, water
must also calculate a planning .distance (D3)
if it.is in close proximity (i.e.. Dl is less than
0.5 mile and other factors are conducive to
oil travel over land) to storm drains that flow
to navigable waters. Factors to be considered
in assessing oil transport over land to storm
drains shall include the topography of the
surrounding area, drainage patterns, man-
made barriers (excluding secondary
containment structures), and soil distribution
and porosity. Storm drains or concrete '
drainage channels that are located in close
proximity to the facility can provide a direct
pathway to navigable waters, regardless of
the length of the drainage pipe. If Dl is less
than or equal to 0.5 mile, a discharge from
the facility could pose substantial harm
because the time to travel the distance from
the storm drain to the navigable water (D2)
is virtually instantaneous.
5.7 A facility's proximity to fish and
wildlife and sensitive environments not
bordering a navigable water, as depicted as
D4 in Figure C-I of this attachment, must
also be considered, regardless of the distance
from the facility to navigable waters. Factors
to be considered in'assessing oil transport
over land to fish and wildlife and sensitive
environments should include the topography
of the surrounding area, drainage patterns,
man-made barriers (excluding secondary
containment structures), and soil distribution
and porosity.
5.8 If a facility is not found to pose
substantial harm to fish and wildlife and
sensitive environments not bordering
navigable waters via oil transport on land,
then supporting documentation should be
maintained at the facility. However, such
documentation should be submitted with the
response plan if a facility is found to pose
substantial harm.
BILLING CODE BS60-60-P
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Ficon C •
Distances that Shall Be Considered to Determine the Planning Distance
Top View
Flow
Nearest opportunity
for discharge
Fish and Wildlife and
Sensitive Environments
Storm Drain
Side View
Planning Distance
D3
Fish and V Hldlife
and Sensitive
Environments
Public Drinking \or
Water Intake
•• Not to scale ••
o
*—•
01
CO
ro
05
a.
03
c_
•3T
iif
o
CO
CO
O
to
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34110 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
Appendix D to Part 112—Determination
of a Worst Case Discharge Planning
Volume
1.0 Instructions
1.1 An owner or operator is required to
complete this worksheet if the facility meets
the criteria, as presented in Appendix C to
this part, or it is determined by the RA that
the facility could cause substantial harm to
the environment. The calculation of a worst
case discharge planning volume .is used for
emergency planning purposes, and is
required in 40 CFR 112.20 for facility owners
or operators who must prepare a response
plan. When planning for the amount of
resources and equipment necessary to
respond to the worst case discharge planning
volume, adverse weather conditions must be
taken into consideration. An owner or
operator is required to determine the
facility's worst case discharge planning
volume from either Part A of this appendix
for an onshore storage facility, or Part B of
this appendix for an onshore production
facility. The worksheet considers the
provision of adequate secondary containment
at a facility.
1.2 For onshore storage facilities and
production facilities, permanently
manifolded oil storage tanks are defined as
tanks that are designed, installed, and/or
operated in such a manner that the multiple
tanks function as one storage unit (i.e.,
multiple tank volumes are equalized). In a
worst case discharge scenario, a single failure
could cause the discharge of the contents of
more than one tank. The owner or operator
must provide evidence in the response plan
that tanks with common piping or piping
systems are not operated as one unit. If such
evidence is provided and is acceptable to the
RA. the worst case discharge planning
volume would be based on the capacity of •
the largest oil storage tank within a common
secondary containment area or the largest oil
storage tank within a single secondary
containment area, whichever is greater. For
permanently manifolded tanks that function
as one oil storage unit, the worst case
discharge planning volume would be based
on the combined oil storage capacity of all
manifolded tanks or the capacity of the
largest single oil storage tank within a
secondary containment area, whichever is
greater. For purposes of this rule,
permanently manifolded tanks that are
separated by internal divisions for each tank
are considered to be single tanks and
individual manifolded tank volumes are not
combined.
1.3 For production facilities, the presence
of exploratory wells, production wells, and
oil storage tanks must be considered in the
calculation. Part B of this appendix takes
these additional factors into consideration
and provides steps for their inclusion in the
total worst case discharge planning volume.
Onshore oil production facilities may include
all wells, flowlines. separation equipment,
storage facilities, gathering lines, and
auxiliary non-transportation-related
equipment and facilities in a single
geographical oil or gas field operated by a
single operator. Although a potential worst
case discharge planning volume is calculated
within each section of the worksheet, the
final worst case amount depends on the risk
parameter that results in the greatest volume.
1.4 Marine transportation-related transfer
facilities that contain fixed aboveground
onshore structures used for bulk oil storage
are jointly regulated by EPA and the U.S.
Coast Guard (USCG), and are termed
"complexes." Because the USCG also
requires response plans from transportation-
related facilities to address a worst case
discharge of oil, a separate calculation for the
worst case discharge planning volume for
USCG-related facilities is included in the
USCG IFR (see Appendix E to this part,
section 10, for availability). All complexes
that are jointly regulated by EPA and the
USCG must compare both calculations for
worst case discharge planning volume
derived by using the EPA and USCG
methodologies arid plan for whichever
volume is greater.
PART A: WORST CASE DISCHARGE
PLANNING VOLUME CALCULATION FOR
ONSHORE STORAGE FAOLmES »
Part A of this worksheet is to be completed
by the owner or operator of an SPCC-
regulated facility (excluding oil production
facilities) if the facility meets the criteria as
presented in Appendix C to this part, or if
it is determined by the RA that the facility
could cause substantial harm to the
environment. If you are the owner or operator
of a production facility, please proceed to
Part B of this worksheet.
A.1 SINGLE-TANKFACILITIES
For facilities containing only one
aboveground oil storage tank, the worst case
discharge planning volume equals the
capacity of the oil storage tank. If adequate
secondary containment (sufficiently large to
contain the capacity of the aboveground oil
storage tank plus sufficient freeboard to allow
for precipitation) exists for the oil storage
tank, multiply the capacity of the tank by 0.8.
(1) FINAL WORST CASE VOLUME:
GAL
(2) Do not proceed-further.
A.2 SECONDARY CONTAINMENT-•
MULTIPLE-TANK FACILITIES
Are all aboveground oil storage tanks or
groups of aboveground oil storage tanks at
the facility without adequate secondary
containment?2
(Y/N)
A.2.1 If the answer is yes, the final worst
case discharge planning volume equals the
total aboveground oil storage capacity at the
facility.
(1) FINAL WORST CASE VOLUME:
GAL
(2) Do not proceed further.
A.2.2 If the answer is no, calculate the
total aboveground oil storage capacity of
tanks without adequate secondary
containment. If all aboveground oil storage
tanks or groups of aboveground oil storage
tanks at the facility have adequate secondary
containment, ENTER "0" (zero).
_GAL
A.2.3 Calculate the capacity of the largest
single aboveground oil storage tank within an
adequate secondary containment area or the
combined capacity of a group of aboveground
oil storage tanks permanently manifolded
together, whichever is greater, PLUS THE
VOLUME FROM QUESTION A2(b).
FINAL WORST CASE VOLUME:3
GAL
PART B: WORST CASE DISCHARGE
PLANNING VOLUME CALCULATION FOR
ONSHORE PRODUCTION FACILITIES
Part B of this worksheet is to be completed
by the owner or operator of an SPCC-
regulated oil production facility if the facility
meets the criteria presented in Appendix C
to this part, or if it is determined by the RA
that the facility could cause substantial harm.
A production facility consists of all wells
(producing and exploratory) and related
equipment in a single geographical oil or gas
field operated by a single operator.
B.I SINGLE-TANK FACILITIES
• B.I.I For facilities containing only one
aboveground oil storage tank, the worst case
discharge planning volume equals the .
capacity of the aboveground oil storage tank
plus the production volume of the well with
the highest output at the facility. If adequate
secondary containment (sufficiently large to
contain the capacity of the aboveground oil
storage tank plus sufficient freeboard to allow
for precipitation) exists for .the storage tank,
multiply the capacity of the tank by 0.8.
B.I.2 For facilities with production wells
producing by pumping, if the rate of the well
with the highest output is known and the
number of days the facility is unattended can
be predicted, then the production volume is
equal to the pumping rate of the well
multiplied by the greatest number of days the
facility is unattended.
B.I.3 If the pumping rate of the well with
the highest output is estimated or the
maximum number of days the facility is
unattended is estimated, then the production
volume is determined from the pumping rate
of the well multiplied by 1.5 times the
greatest number of days that the facility has
been or is expected to be unattended.
B.I.4 Attachment D-l to this appendix
provides methods for calculating the
production volume for exploratory wells and
production wells producing under pressure.
(1) FINAL WORST CASE VOLUME:
GAL
(2) Do not proceed further.
B.2 SECONDARY CONTAINMENT—
MULTIPLE-TANK FACILITIES
Are all aboveground oil storage tanks or
groups of aboveground oil storage tanks at
the facility without adequate-secondary
containment?
1 "Storage facilities" represent all facilities
subject to this part, excluding oil production
facilities.
'Secondary containment is defined in 40 CFR
112.7(e)(2). Acceptable methods and structures for
containment are also given in 40 CFR 112.7(c)(l).
3 All complexes that are jointly regulated by EPA
and the USCG must also calculate the worst case
discharge planning volume for the transportation-
related portions of the facility and plan for
whichever volume is greater.
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Federal Register / Vol. 59. No. 126 / Friday, July 1. 1994 / Rules and Regulations 34111
.(Y/N)
B.2.1 If the answer is yes, the final worst
case volume equals the total aboveground oil
storage capacity without adequate secondary
containment plus the production volume of
the well with the highest output at the
facility.
(1) For facilities with production wells
producing by pumping, if the rate of the well
with-the highest output is known and the
number of days the facility is unattended can
be predicted, then the production volume is
equal to the pumping rate of the well
multiplied by the greatest number of days the
facility is unattended.
(2) If the pumping rate of the well with the
highest output is estimated or the maximum
number of days the facility is unattended is
estimated, then the production volume is
determined from the pumping rate of the
well multiplied by 1.5 times the greatest
number of days that the facility has been or
is expected to be unattended.
(3) Attachment D-l to this appendix
provides methods for calculating the
production volumes for exploratory wells
and production wells producing under
pressure.
(A) FINAL WORST CASE VOLUME:
GAL
(B) Do not proceed further.
B.2.2 If the answer is no, calculate the
total aboveground oil storage capacity of
tanks without adequate secondary
containment. If all aboveground oil storage
tanks or groups of aboveground oil storage
tanks at the facility have adequate secondary
containment, ENTER "0" (zero).
GAL
B.2.3 Calculate the capacity of the largest
single aboveground oil storage tank within an
adequate secondary containment area or the
combined capacity of a group of aboveground
oil storage tanks permanently manifolded
together, whichever is greater, plus the
production volume of the well with the
highest output, PLUS THE VOLUME FROM
QUESTION B2(b). Attachment D-l provides
methods for calculating the production
volumes for exploratory wells and .
production wells producing under pressure.
(1) FINAL WORST CASE VOLUME:«
GAL
(2) Do not proceed further.
Attachments to Appendix D
Attachment D-I—Methods to Calculate
Production Volumes for Production
Facilities With Exploratory Wells or
Production Wells Producing Under Pressure
1.0 Introduction
The owner or operator of a production
facility with exploratory wells or production
wells producing under pressure shall
compare the well rate of the highest output
well (rate of well), in barrels per day, to the
ability of response equipment and personnel
to recover the volume of oil that could be
discharged (rate of recovery), in barrels per
day. The result of this comparison will
determine the method used to calculate the
production volume for the production
facility. This production volume is to be used
to calculate the worst case discharge
planning volume in Part B of this appendix.
2.0 Description of Methods
2.1 Method A l
If the well rate would overwhelm the
response efforts (i.e., rate of well/rate of
recovery 21), then the production volume
would be the 30-day forecasted well rate for
a well 10,000 feet deep or less, or the 45-day
forecasted well rate for a well deeper than
10,000 feet.
(1) For wells 10.000 feet deep or less:
Production volume=30 days x rate of well.
(2) For wells deeper than 10,000 feet:
Production volume=45 days x rate of well.'
2.2 Method B
2.2.1 If the rate of recovery would be
greater than the well rate (i.e., rate of well/
rate of recovery <1), then the production
volume would equal the sum of two terms:
Production volume=discharge volume, + '
discharge volume]
2.2.2 The first term represents the volume
of the oil discharged from the well between
the time of the blowout and the time the
response resources are on scene and
recovering oil (discharge volume,).
Discharge volumei=(days unattended+days
to respond) x (rate of well)
2.2.3 The second term represents the
volume of oil discharged from the well after
the response resources begin operating until
the spill is stopped, adjusted for the recovery
rate of the response resources (discharge
volume]).
(1) For wells 10.000 feet deep or less:
Discharge volume2=(30 days—(days
unattended + days to respond)] x (rate of
well) x (rate of well/rate of recovery)
(2) For wells deeper than 10,000 feet:
Discharge volum 62=145 days—(days
unattended + days to respond)] x (rate qf
well) x (rate of well/rate of recovery)
3.0 Example
3.1 A facility consists of two production
wells producing under pressure, which are
both less than 10.000 feet deep. The well rate
of well A is 5 barrels per day, and the well
rate of well B is 10 barrels per day. The
facility is unattended for a maximum of 7
days. The facility operator estimates that it
will take 2 days to have response equipment
and personnel on scene and responding to a
blowout, and that the projected rate of
recovery will be 20 barrels per day.
(1) First, the facility operator determines
that the highest output well is well B. The
4 All complexes that are jointly regulated by EPA
and the USCG must also calculate the worst case
discharge planning volume for the transportation-
related portions of the facility and plan for
whichever volume is greater.
facility operator calculates the ratio of the
rate of well to the rate of recovery:
10 barrels per day/20 barrels per day=0.5
Because the ratio is less than one, the
facility operator will use Method B to
calculate the production volume.
(2) The first term of the equation .is:
Discharge volume, =(7 days + 2 days) x (10
barrels per day)=90 barrels
(3) The second term of the equation is:
Discharge volume2=|30 days—(7 days + 2
days)] x (10 barrels per day) x (0.5)=105
barrels
(4) Therefore, the production volume is:
Production volume=90 barrels +105 .
barrels=195 barrels
3.2 If the recovery rate was 5 barrels per
day, the ratio of rate of well to rate of
recovery would be 2, so the facility operator
would use Method A. The production
volume would have been:
30 days x 10 barrels per day=300 barrels
Appendix E to Part 112—Determination
and Evaluation of Required Response
Resources for Facility Response Plans
1.0 Purpose and Definitions
1.1 The purpose of this appendix is to
describe the procedures to identify response
resources to meet the requirements of.
§ 112.20. To identify response resources to
meet the facility response plan requirements
of 40 CFR 112.20(h), owners or operators
shall follow this appendixxor, where not
appropriate, shall clearly demonstrate in the
response plan why use of this appendix is
not appropriate at the facility and make
comparable arrangements for response
resources.
1.2 Definitions.'
1.2.1 Nearshore is an operating area
defined as extending seaward 12 miles from
the boundary lines defined in 46 CFR part 7,
except in the Gulf of Mexico. In the Gulf of
Mexico, it means the area extending 12 miles
from the line of demarcation (COLREG lines)
defined in 49 CFR 80.740 and 80.850.
1.2.2 Non-persistent oils or Group ] oils
include:
(1) A petroleum-based oil that, at the time
of shipment, consists of hydrocarbon
fractions:
(A) At least 50 percent of which by
volume, distill at a temperature of 340
degrees C (645 degrees F); and
(B) At least 95 percent of which by volume,
distill at a temperature of 370 degrees C (700
degrees F); and
(2) A non-petroleum oil with.a specific
gravity less than 0.8.
1.2.3 Non-petroleum oil is oil of any kind
that is not petroleum-based. It includes, but
is not limited to, animal and vegetable oils.
1.2.4 Ocean means the nearshore area.
1.2.5 Operating area means Rivers and
Canals, Inland, Nearshore, and Great Lakes
geographic location(s) in which a facility is
handling, storing, or transporting oil.
1.2.6 Operating environment means
Rivers and Canals, Inland, Great Lakes, or
Ocean. These terms are used to define the
conditions in which response equipment is
designed to function.
1.2.7 Persistent oils include:
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34112 Federal Register / Vol. 59. No. 126 / Friday, July 1. 1994 / Rules and Regulations
(1) A petroleum-based oil that does not
meet the distillation criteria for a non-
persistent oil. Persistent oils are further
classified based on specific gravity as
follows:
(A) Group 2—specific gravity less than
0.85;
(B) Group 3—specific gravity equal to or
greater than 0.85 and less than 0.95;
(C) Group 4—specific gravity equal to or
greater than 0.95 and less than 1.0; or
(O) Group 5—specific gravity equal to or
greater than 1.0.
(2) A non-petroleum oil with a' specific
gravity of 0.8 or greater. These oils are further
classified based on specific gravity as
follows:
(A) Group 2—specific gravity equal to or
greater than 0.8 and less than 0.85;
(B) Group 3—specific gravity equal to or
greater than 0.85 and less than 0.95;
(C) Group 4—specific gravity equal to or
greater than 0.95 and less than 1.0; or
(D) Group 5—specific gravity equal to or
greater than 1.0.
1.2.8 Other definitions are included in
§ 112.2. section 1.2 of Appendices C and E,
and section 3.0 of Appendix F.
2.0 Equipment Operability and Readiness
2.1 All equipment identified in a
response plan must be designed to operate in
the conditions expected in the facility's
geographic area (i.e., operating environment).
These conditions vary widely based on.
location and season. Therefore, it is difficult
to identify a single stockpile of response .
equipment that will function effectively in
each geographic location (i.e., operating
area).
2.2 Facilities handling, storing, or .
transporting oil in more than one operating
environment as indicated in Table 1 of this
appendix must identify equipment capable of
successfully functioning in each operating
environment.
2.3 When identifying equipment for the
response plan (based on the use of this
appendix), a facility owner or operator must
consider the inherent limitations of the
operability of equipment components and
response systems. The criteria in Table 1 of
this appendix shall be used to evaluate the
operability in a given environment These
criteria reflect the general conditions in
certain operating environments.
2.3.1 The Regional Administrator may
require documentation that the boom
identified in a facility response plan meets
the criteria in Table 1 of this appendix.
Absent acceptable documentation, the
Regional Administrator may require that the
boom be tested to demonstrate that it meets
the criteria in Table 1 of this appendix.
Testing must be in accordance with ASTM F
715, ASTM F 989, or other tests approved by
EPA as deemed appropriate (see Appendix E
to this part, section 10, for general
availability of documents).
2.4 Table 1 of this appendix lists criteria
for oil recovery devices and boom. All other
equipment necessary to sustain or support
response operations in an operating
environment must be designed to function in
the same conditions. For example, boats that
deploy or support skimmers or boom must be
capable of being safely operated in the
significant wave heights listed for the
applicable operating environment.
2.5 A facility owner or operator shall
refer to the applicable Area Contingency Plan
(AGP), where available, to determine if ice,
debris, and weather-related visibility are
significant factors to evaluate the operability
of equipment. The ACP may also identify the
average temperature ranges expected in the
facility's operating area. All equipment
identified in a response plan must be
designed to operate within those conditions
or ranges.
2.6 This appendix provides information
on response resource mobilization and
response times. The distance of the facility
from the storage location of the response
resources must'be used to determine whether
the resources can arrive on-scene within the
stated time. A facility owner or operator shall
include the time for notification,
mobilization, and travel of resources
identified to meet the medium and Tier 1
worst case discharge requirements identified
in section 4.3 of this appendix (for medium
discharges) and section 5.3 of this appendix
(for worst case discharges). The facility
owner or operator must plan for notification
and mobilization of Tier 2 and 3 response
resources as necessary to meet the
requirements for arrival on-scene in
accordance with section 5.3 of this appendix.
An on-water speed of 5 knots and a land
speed of 35 miles per hour is assumed,
unless the facility owner or operator can
demonstrate otherwise.
2.7 In identifying equipment, the facility.
owner or operator shall list the storage
location. Quantity, and manufacturer's make
and model. For oil recovery devices, the
effective daily recovery capacity, as
determined using section 6 of this appendix,
must be included. For boom, the overall
boom height (draft and freeboard) shall be'
included. A facility owner or operator is
responsible for ensuring that the identified
boom has compatible connectors.
3.0 Determining Response Resources
Required for Small Discharges
• 3.1 A facility owner or operator shall
identify sufficient response resources
available, by contract or other approved
means as described in § 112.2, to respond to
a small discharge. A small discharge is
defined as any discharge volume less than or
equal to 2,100 gallons, but not to exceed the.
calculated worst case discharge. The
equipment must be designed to function in
the operating environment at the point of
expected use.
3.2 Complexes that are regulated by EPA
and the USCG must also consider planning
quantities for the transportation-related
transfer portion of the facility. The USCG
planning level that corresponds to EPA's
"small discharge" is termed "the average
most probable discharge." The USCG
revisions to 33 CFR part 154 define "the
average most probable discharge" as a
discharge of 50 barrels (2,100 gallons).
Owners or operators of complexes must
compare oil spill volumes for a small
discharge and an average most probable
discharge and plan for whichever quantity is
greater.
3.3 The response resources shall, as
appropriate, include:
3.3.1 One thousand feet of containment
boom (or, for complexes with marine transfer
components, 1,000 feet of containment boom
or two times the length of the largest vessel
that regularly conducts oil transfers to or
from the facility, whichever is greater), and
a means of deploying it within 1 hour of the •
discovery of a spill;
3.3.2 Oil recovery devices with an
effective daily recovery capacity equal to the
amount of oil discharged in a small discharge
or greater which is available at the facility
within 2 hours of the detection of an oil
discharge; and
3.3.3 Oil storage capacity for recovered
oily material indicated in section 9.2 of this
appendix.
4.0 Determining Response Resources
Required for Medium Discharges
4.1 A facility owner or operator shall
identify sufficient response resources
available, by contract or other approved
means as described in § 112.2, to respond to
a medium discharge of oil for that facility.
This will require response resources capable
of containing and collecting up to 36,000
gallons of oil or 10 percent of the worst case
discharge, whichever is less. All equipment
identified must be designed to operate in the
applicable operating environment specified
in Table 1 of this appendix.
4.2 Complexes that are regulated by EPA
and the USCG must also consider planning
quantities for the transportation-related
transfer portion of the facility. The USCG
planning level that corresponds to EPA's
"medium discharge" is termed "the
maximum most probable discharge." The
USCG revisions to 33 CFR part 154 define
"the maximum most probable discharge" as
a discharge of 1,200 barrels (50,400 gallons)
or 10 percent of the worst case discharge,
whichever is less. Owners or operators of
complexes must compare spill volumes for a
medium discharge and a maximum most
probable discharge and plan for whichever
quantity is greater. ,
4.3 Oil recovery devices identified to
meet the applicable medium discharge
volume planning criteria must be located
such that they are capable of arriving on-
scene within 6 hours in higher volume port
areas and the Great Lakes and within 12
hours in all other areas. Higher-volume port
areas and Great Lakes areas are defined in
section 1.2 of Appendix C to this part.
4.4 Because rapid control, containment,.
and removal of oil are critical to reduce spill
impact, the owner .or operator must
determine response resources using an
effective daily recovery capacity for oil
recovery devices equal to 50 percent of the
planning volume applicable for the facility as
determined in section 4.1 of this appendix
The effective daily recovery capacity for oil
recovery devices identified in the plan must
be determined using the criteria in section 6
of this appendix.
4.5 In addition to oil recovery capacity,
the plan shall, as appropriate, identify
sufficient quantity of containment boom
available, by contract or other approved
means as described in § 112.2, to arrive
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations 34113
within the required response times for oil
collection and containment and for
protection of fish and wildlife and sensitive
environments. For further description of fish
and wildlife and sensitive environments, see
Appendices I, II, and m to DOC/NOAA's
"Guidance for Facility and Vessel Response
Plans: Fish and Wildlife and Sensitive
Environments" (see Appendix E to this part,
section 10, for availability) and the
applicable ACP. While the regulation does
not set required quantities of boom for oil
collection and containment, the response
plan shall identify and ensure, by contract or
other approved means as described in
§ 112.2, the availability of the quantity of
boom identified in the plan for this purpose.
4.6 The plan must indicate the
availability of temporary storage capacity to
meet section 9.2 of this appendix. If available
storage capacity is insufficient to meet this
level, then the effective daily recovery
capacity must be derated (downgraded) to the
limits of the available storage capacity.
4.7 The following is an example of a
medium discharge volume planning
calculation for equipment identification in a
higher volume port area: The facility's largest
aboveground storage tank volume is 840,000
gallons. Ten percent of this capacity is 84,000
gallons. Because 10 percent of the facility's
largest tank, or 84,000 gallons, is greater than
36,000 gallons, 36,000 gallons is used as the
planning volume. The effective daily
recovery capacity is 50 percent of the
planning volume, or 18,000 gallons per day.
The ability of oil recovery devices to meet
this capacity must be calculated using the
procedures in section 6 of this appendix.
Temporary storage capacity available on-
scene must equal twice the daily recovery
capacity as indicated in section 9.2 of this
appendix, or 36,000 gallons per day. This is
the information the facility owner or operator
must use to identify and ensure the
availability of the required response
resources, by contract or other approved
means as described in § 112.2. The facility
owner shall also identify how much boom is
available for use.
5.0 Determining Response Resources
Required for the Worst Case Discharge to the
Maximum Extent Practicable
5.1 A facility owner or operator shall
identify and ensure the availability of, by
contract or other approved means as.
described in § 112.2, sufficient response
resources to respond to the worst case
discharge of oil to the maximum extent
practicable. Section 7 of this appendix
describes the method to determine the
necessary response resources. A worksheet is
provided as Attachment E-l at the end of
this appendix to simplify the procedures
involved in calculating the planning volume
for response resources for the worst case
discharge. "
5.2 Complexes that are regulated by EPA
and the USCG must also consider planning
for the worst case discharge at the
transportation-related portion of the facility.
The USCG requires that transportation-
related facility owners or operators use a
different calculation for the worst case
discharge in the revisions to 33 CFR part 154.
Owners or operators of complex facilities that
are regulated by EPA and the USCG must
compare both calculations of worst case
discharge derived by EPA and the USCG and
plan for whichever volume is greater.
5.3 Oil spill response resources identified
in the response plan and available, by
contract or other approved means as
described in § 112.2, to meet the applicable
worst case discharge planning volume must
be located such that they are capable of
arriving at the scene of a discharge within the
times specified for the applicable response
tier listed below:
Higher
vol-
ume
port
areas.
Great
Lakes.
All other
river
and
canal,
in-
land,
and
near-
shore
areas.
Tier!
6 hrs
12 hrs
12 hrs
Tier 2
30 hrs
36 hrs
36 hrs .....
Tier3
54 hrs
60 hrs
60 hrs
»
The three levels of response tiers apply to the
amount of time in which facility owners or
operators must plan for response resources to
arrive at the scene of a spill to respond to the
worst case discharge planning volume. For
example, at a worst case discharge in an
inland area, the first tier of response
resources (i.e., that amount of on-water and
shoreline cleanup capacity necessary to
respond to the fraction of the worst case
discharge as indicated through the series of
steps described in sections 7.2 and 7.3 of this
appendix) would arrive at the scene of the
discharge within 12 hours; the second tier of
response resources would arrive within 36
hours; and the third tier of response
resources would arrive within 60 hours.
5.4 The effective daily recovery capacity
for oil recovery devices identified in the
response plan must be determined using the
criteria in section 6 of this appendix A
facility owner or operator shall identify the
'storage locations of all response resources
used for each tier. The owner or operator of
a facility whose required daily recovery
capacity exceeds the applicable contracting
caps in Table 5 of this appendix shall, as
appropriate, identify sources of additional
equipment, their location, and the
arrangements made to obtain this equipment
during a response. The owner or operator of
a facility whose calculated planning volume
exceeds the applicable contracting caps in
Table 5 of this appendix shall, as
appropriate, identify sources of additional
equipment equal to twice the cap listed in
Tier 3 or the amount necessary to reach the
calculated planning volume, whichever is
lower. The resources identified above the cap
shall be capable of arriving on-scene not later
than the Tier 3 response times in section 5.3
of this appendix. No contract is required.
While general listings of available response
equipment may be used to identify additional
sources (i.e., "public" resources vs. "private"
resources), the response plan shall identify
the specific sources, locations, and quantities
of equipment that a facility owner or operator
has considered in his or her planning. When
listing USCG-classified oil spill removal
organization(s) that have sufficient removal
capacity to recover the volume above the
response capacity cap for the specific facility,
as specified in Table 5 of this appendix, it
is not necessary to list specific quantities of
equipment.
5.5 A facility owner or operator shall
identify the availability of temporary storage
capacity to meet section 9.2 of this appendix.
If available storage capacity is insufficient,
then the effective daily recovery capacity
must be derated (downgraded) to the limits
of the available storage capacity.
5.6 When selecting response resources
necessary to meet the response plan .
requirements, the facility owner or operator
shall, as appropriate, ensure that a portion of
those resources is capable of being used in
close-to-shore response activities in shallow
water. For any EPA-regulated facility that is
required to plan for response in shallow
water, at least 20 percent of the on-water
response equipment identified for the
applicable operating area shall, as
appropriate, be capable of operating in water
of 6 feet or less depth.
5.7 In addition to oil spill recovery
devices, a facility owner or operator shall
identify sufficient quantities of boom that are
available, by contract or other approved
means as described in § 112.2, to arrive on-
scene within the specified response times for
oil containment and collection. The specific
quantity of boom required for collection and
containment will depend on the facility-
specific information and response strategies
employed. A facility owner or operator shall,
as appropriate, also identify sufficient
quantities of oil containment boom to protect
fish and wildlife and sensitive environments.
For further description of fish and wildlife
and sensitive environments, see Appendices
I, n. and m to DOC/NOAA's "Guidance for
Facility and Vessel Response Plans: Fish and
Wildlife and Sensitive Environments" (see
Appendix E to this part, section 10, for
availability), and the applicable ACP. Refer to
this guidance document for the number of
days and geographic areas (i.e., operating
environments) specified in Table 2 of this
appendix
5.8 A facility owner or operator shall also
identify, by contract or other approved means
as described in § 112.2, the availability of an
oil spill removal organization(s) (as described
in § 112.2) capable of responding to a
shoreline cleanup operation involving the
calculated volume of oil and emulsified oil
that might' impact the affected shoreline. The
volume of oil that shall, as appropriate, be
planned for is calculated through the
application of factors contained in Tables 2
and 3 of this appendix. The volume
calculated from these tables is intended to
assist the facility owner or operator to
identify an oil spill removal organization
with sufficient resources and expertise.
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34114 Federal Register / Vol. 59, No. 126 / Friday, July i, 1994 / Rules and Regulations
6.0 Determining Effective Daily Recovery
Capacity for Oil Recovery Devices
6.1 Oil recovery devices identified by a
facility owner or operator must be identified
by the manufacturer, model, and effective
daily recovery capacity. These capacities
must be used to determine whether there is
sufficient capacity to meet the applicable
planning criteria for a small discharge, a
medium discharge, and a worst case
discharge to the maximum extent practicable.
6.2 To determine the effective daily
recovery capacity of oil recovery devices, the
formula listed in section 6.2.1 of this
appendix shall be used. This formula
considers potential limitations due to •
available daylight, weather, sea state, and
percentage of emulsified oil in the recovered
material. The RA may assign a lower
efficiency factor to equipment listed in a
response plan if it is determined that such a
reduction is warranted.
6.2.1 The following formula shall be used
to calculate the effective daily recovery
capacity:
R = T x 24 hours x £
where:
R—Effective daily recovery capacity;
T—Throughput rate in barrels per hour
(nameplate capacity); and
E—20 percent efficiency factor (or lower.
factor as determined by the Regional
Administrator).
6.2.2 For those devices in which the
pump limits the throughput of liquid,
throughput rate shall be calculated using the
pump capacity.
6.2.3 For belt or moptype devices, the
throughput rate shall be calculated using the
speed of the belt or mop through the device,
assumed thickness of oil adhering to or
collected by the device, and surface area of
the belt or mop. For purposes of this
calculation, the assumed thickness of oil will
be V4 inch.
6.2.4 Facility owners or operators that
include oil recovery devices whose
throughput is not measurable using a pump
capacity or belt/mop speed may provide
information to support an alternative method
of calculation. This information must be
submitted following the procedures in
section 64.2 of this appendix.
6.3 As an alternative to section 6.2 of this
appendix, a facility owner or operator may
submit adequate evidence that a different
effective daily recovery capacity should be
applied for a specific oil recovery device.
Adequate evidence is actual verified
performance data in spill conditions or tests
using American Society of Testing and
Materials (ASTM) Standard F 631-80, F 808-
83 (1988), or an equivalent test approved by
EPA as deemed appropriate (see Appendix E
to this part, section 10, for general
availability of documents).
6.3.1 The following formula must be used
to calculate the effective daily recovery
capacity under this alternative:
R = DxU
where:
R—Effective daily recovery capacity";
D—Average Oil Recovery Rate in barrels per
hour (Item 26 in F 808-83; Item 13.1.15
in F 631-80; or actual performance data);
and
U—Hours per day that equipment can
operate under spill conditions. Ten
hours per day roust be used unless a
facility owner or operator can
demonstrate that the recovery operation
can be sustained for longer periods.
6.3.2 A facility owner or operator
submitting a response plan shall provide data
that supports the effective daily recovery
capacities for the oil recovery devices listed.
The following is an example of these
calculations:
(1) A weir skimmer identified in a response
plan has a manufacturer's rated throughput at
the pump of 267 gallons per minute (gpm).
267 gpm=381 barrels-per hour (bph)
R=381 bphx24 hr/dayx0.2=l,829 barrels per
day
(2) After testing using ASTM procedures,
the skimmer's oil recovery rate is determined
•to be 220 gpm. The facility owner or operator
identifies sufficient resources available to
support 6perations for 12 hours per day.
220 gpm=314 bph
R=314 bphx!2 hr/day=3,768 barrels per day
(3) The facility owner or operator will be
able to use the higher capacity if sufficient
temporary oil storage capacity is available.
Determination of alternative efficiency
factors under section 6.2 of this appendix or
the acceptability of an alternative effective
daily recovery capacity under section 6.3 of
this appendix will be made by the Regional
Administrator as deemed appropriate.
7.0 Calculating Planning Volumes for a
Worst Case Discharge
7.1 A facility owner or operator shall plan
for a response to the facility's worst case
discharge. The planning for on-water oil
recovery must take into account a loss of
some oil to the environment due to
evaporative and natural dissipation, potential
increases in volume due to emulsification,
and the potential for deposition of oil on the
shoreline. The procedures for non-petroleum
oils are discussed in section 7.7 of this
appendix.
• 7.2 The following procedures must be
used by a facility owner or operator in
determining the required on-water oil
recovery capacity:
7.2.1 The following must be determined:
the worst case discharge volume of oil in the
facility; the appropriate group(s) for the types
of oil handled, stored, or transported at the
facility [persistent (Groups 2,3,4, 5) or non-
persistent (Group 1)]; and the facility's
specific operating area. See sections 1.2.2 and
1.2.7 of this appendix for the definitions of
non-persistent and persistent oils,
respectively. Facilities that handle, store, or
transport oil from different oil groups must
calculate each group separately, unless the
oil group constitutes 10 percent or less by
volume of the facility's total oil storage
capacity. This information is to be used with
Table 2 of this appendix to determine the
percentages of the total volume to be used for
removal capacity planning. Table 2 of this
appendix divides the volume into three
categories: oil lost to the environment; oil
deposited on the shoreline; and oil available
for on-water recovery. .
7.2.2 The on-water oil recovery volume
shall, as appropriate, be adjusted using the
appropriate emulsification factor found in
Table 3 of this appendix. Facilities that
handle, store, or transport oil from different
petroleum groups must compare the on-water
recovery volume for each oil group (unless
the oil group constitutes 10 percent or less
by volume of the facility's total storage
capacity) and use the calculation that results
in the largest on-water oil recovery volume
to plan for the amount of response resources
for a worst case discharge.
7.2.3 The adjusted volume is multiplied
by the on-water oil recovery resource
mobilization factor found in Table 4 of this
appendix from the appropriate operating area
and response tier to determine the total on-
water oil recovery capacity in barrels per day
that must be identified or contracted to arrive
on-scene within the applicable time for each
response tier. Three tiers are specified. For
higher volume port areas, the contracted tiers
of resources must be located such that they
are capable of arriving on-scene within 6
hours for Tier 1,30 hours for Tier 2, and 54
hours for Tier 3 of the discovery of an oil
discharge. For all other rivers and canals,
inland, nearshore areas, and the Great Lakes,
these tiers are 12, 36, and 60 .hours.
7.2.4 The resulting on-water oil recovery
capacity in barrels per day for. each tier is
used to identify response resources necessary
to sustain operations in the applicable
operating area. The equipment shall be
capable of sustaining operations for the time
period specified in Table 2 of this appendix.
The facility owner or operator shall identify
and ensure the availability, by contract or
other approved means as described in
§ 112.2, of sufficient oil spill recovery
devices to provide the effective daily oil
recovery capacity required. If the required
.capacity exceeds the applicable cap specified
in Table 5 of this appendix, then a facility
owner or operator shall ensure, by contract
or other approved means as described in
§ 112.2. only for the quantity of resources
required to meet the cap, but shall identify
sources of additional resources as indicated
in section 5.4 of this appendix. The owner or
operator of a facility whose planning volume
exceeded the cap in 1993 must make
arrangements to identify and ensure the
availability, by contract or other approved
means as described in § 112.2, for additional
capacity to be under contract by 1998 or
2003, as appropriate. For a facility that
handles multiple groups of oil, the required
effective daily recovery capacity for each oil
group is calculated before applying the cap.
The oil group calculation resulting in the
largest on-water recovery volume must be
used to plan for the amount of response
resources for a worst case discharge, unless
the oil group comprises 10 percent or less by
volume of the facility's total oil storage
capacity.
7.3 The procedures discussed in sections
7.3.1-7.3.3 of this appendix must be used to .
calculate the planning volume for identifying
shoreline cleanup capacity (for Groups 1
through Group 4 oils).
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations 34115
7.3.1 The following must be determined:
the worst case discharge volume of oil for the
facility; the appropriate group(s) for the types
of oil handled, stored, or transported at the
facility (persistent (Groups 2, 3, or 4) or non-
persistent (Group 1)]; and the geographic
area(s) in which the facility operates (i.e.,
operating areas). For a facility handling,
storing, or transporting oil from different
groups, each group must be calculated
separately. Using this information, Table 2 of
this appendix must be used to determine the
percentages of the total volume to be used for
shoreline cleanup resource planning.
7.3.2 The shoreline cleanup planning
volume must be adjusted to reflect an
emulsification factor using the same
procedure as described in section 7.2.2 of
this appendix.
7.3.3 The resulting volume shall be used
to identify an oil spill removal organization
with the appropriate shoreline cleanup
capability.
7.4 A response plan must identify
response resources with fire fighting
capability. The owner or operator of a facility
for a facility that handles, stores, or
transports Group 1-through Group 4 oils that
does not have adequate fire fighting resources
located at the facility or that cannot rely on
sufficient local fire righting resources must
identify adequate fire fighting resources. It is
recommended that the facility owner or
operator ensure, by contract or other
approved means as described in § 112.2, the
availability of these resources. The response
plan must also identify an individual located
at the facility to work with the fire
department for Group 1 through Group 4 oil
fires. This individual shall also verify that
sufficient well-trained fire fighting resources
are available within a reasonable response
time to a wont case scenario. The individual
may be the qualified individual identified in
the response plan or another appropriate
individual located at the facility.
7.5 The following is an example of the
procedure described above in sections 7.2
and 7.3 of this appendix: A facility with a
270.000 barrel (11.3 million gallons) capacity
for 18 oil (specific gravity 0.96) is located in
a higher volume port area. The facility is on
a peninsula and has docks on both the ocean
and bay sides. The facility has four
aboveground oil storage tanks with a
combined total capacity of 80.000 barrels
, (3.36 million gallons) and no secondary
containment. The remaining facility tanks are
inside secondary containment structures. The
largest aboveground oil storage tank (90,000
barrels or 3.78 million gallons) has its own
secondary containment. Two 50.000 barrel
(2.1 million gallon) tanks (that are not
connected by a manifold) are within a
common secondary containment tank area,
which ia capable of holding 100,000 barrels
(4.2 million gallons) plus sufficient
freeboard.
7.5.1 The worst case discharge for the
facility is calculated by adding the capacity
of all aboveground oil storage tanks without
secondary containment (80,000 barrels) plus
the capacity of the largest aboveground oil.
storage tank inside secondary containment.
The resulting worst case discharge volume is
170,000 barrels or 7.14 million gallons.
7.5.2 Because the requirements for Tiers
1,2, and 3 for inland and nearshore exceed
the caps identified in Table 5 of this
appendix, the facility owner will contract for
a response to 10,000 barrels per day (bpd) for
Tier 1, 20,000 bpd for Tier 2, and 40,000 bpd
for Tier 3. Resources for the remaining 7,850
bpd for Tier 1,9,750 bpd for Tier 2, and
7,600 bpd for Tier 3 shall be identified but
need not be contracted for in advance. The
facility owner or operator shall, as
appropriate, also identify or contract for
quantities of boom identified in their
response plan for the protection of fish and
wildlife and sensitive environments within
the area potentially impacted by a worst case
discharge from the facility. For further
description of fish and wildlife and sensitive
environments, see Appendices I, D, and III to
DOC/NOAA's "Guidance for Facility and
Vessel Response Plans: Fish and Wildlife and
Sensitive Environments," (see Appendix E to
this part, section 10, for availability) and the
applicable ACP. Attachment C-ffl to
Appendix C provides a method for
calculating a planning distance to fish and
wildlife and sensitive environments and
public drinking water intakes that may be
impacted in the event of a worst case
discharge.
7.6 The procedures discussed in sections
7.6.1—7.6.3 of this appendix must be used to
determine appropriate response resources for
facilities with Group 5 oils.
7.6.1 The owner or operator of a facility
that handles, stores, or transports Group 5
oils shall, as appropriate, identify the
response resources available by contract or
other approved means, as described in
§ 112.2. The equipment identified in a
response plan shall, as appropriate, include:
(1) Sonar, sampling equipment, or other
methods for locating the oil on the bottom or
suspended in the water column;
(2) Containment boom, sorbent boom, silt
curtains, or other methods for containing the
oil that may remain floating on the surface
or to reduce spreading on the bottom;
(3) Dredges, pumps, or other equipment
necessary to recover oil from the bottom and
shoreline;
(4) Equipment necessary to assess the
impact of such discharges; and
(5) Other appropriate equipment necessary
to respond to a discharge involving the type
of oil handled, stored, or transported.
7.6.2 Response resources identified in a
response plan for a facility that handles,
stores, or transports Group 5 oils under
section 7.6.1 of this appendix shall be
capable of being deployed (on site) within 24
hours of discovery of a discharge to the area
where the facility is operating.
7.6.3 A response plan must identify
response resources with fire fighting
capability. The owner or operator of a facility
that handles, stores, or transports Group 5
oils that does not have adequate fire fighting
resources located at the facility or that cannot
rely on sufficient local fire fighting resources
must identify adequate fire fighting
resources. It is recommended that the owner
or operator ensure, by contract or other
approved means as described in § 112.2, the
availability of these resources. The response
plan shall also identify an individual located
at the facility to work with the fire
department for Group 5 oil fires. This
individual shall also verify that sufficient
well-trained fire fighting resources are
available within a reasonable response time
to respond to a worst case discharge. The
individual may be the qualified individual
identified in the response plan or another
appropriate individual located at the facility.
7.7 The procedures described in sections
7.7.1-7.7.5 of this appendix must be used to
determine appropriate response plan
development and evaluation criteria for
facilities that handle, store, or transport non-
petroleum oils. Refer to section 8 of this
appendix for information on the limitations
on the use of dispersants for inland and
nearshore areas.
7.7.1 An owner or operator of a facility
that handles, stores, or transports non-
petroleum oil must provide information in
his or her plan that identifies:
(1) Procedures and strategies for
responding to a worst case discharge of non-
petroleum oils to the maximum extent
practicable; and
(2) Sources of the equipment and supplies
necessary to locate, recover, and mitigate
such a discharge.
7.7.2 An owner or operator of a facility
that handles, stores, or transports non-
petroleum oil must ensure that any
equipment identified in a response plan is
capable of operating in the conditions
expected in the geographic area(s) (i.e.,
operating environments) in which the facility
operates using the criteria in Table 1 of this
appendix. When evaluating the operability of
equipment, the facility owner or operator
must consider limitations that are identified
in the appropriate ACPs, including:
(1) Ice conditions;
(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
7.7.3 The owner or operator of a facility
that handles, stores, or transports non-
petroleum oil must identify the response
resources that are available by contract or
other approved means, as. described in
§ 112.2. The equipment described in the
response plan shall, as appropriate, include:
(1) Containment boom, sorbent boom, or
other methods for containing oil floating on '
the surface or to protect shorelines from
impact;
(2) Oil recovery devices appropriate for the
type of non-petroleum oil carried; and
(3) Other appropriate equipment necessary
to respond to a discharge involving the type
of oil carried.
7.7.4 Response resources identified in a
response plan according to section 7.7.3 of
this appendix must be capable of
commencing an effective on-scene response
within the applicable tier response times in
section 5.3 of this appendix.
7.7.5 A response plan must identify
response resources with fire fighting
capability. The owner or operator of a facility
that handles, stores, or transports non-
petroleum oils that does not have adequate
. fire fighting resources located at the facility
or that cannot rely on sufficient local fire
fighting resources must identify adequate fire
fighting resources. It is recommended that
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34116 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
the owner or operator ensure, by contract or
other approved means as described in
§ 112.2. the availability of these resources.
The response plan must also identify an
individual located at the facility to work with
the fire department for non-petroleum fires.
This individual shall also verify that
sufficient well-trained fire fighting resources
are available within a reasonable response
time to a worst case scenario. The individual
may be the qualified individual identified in
the response plan or another appropriate
individual located at the facility.
8.0 Determining the Availability of
Alternative Response Methods
8.1 For dispersants to be identified in a
response plan, they must be on the NCP
Product Schedule that is maintained by EPA.
(Some States have a list of approved
. dispersants for use within State waters.
These State-approved dispersants are listed
on the NCP Product Schedule.)
8.2 Identification of dispersant
application in the plan does not imply that
the use of this technique will be authorized.
Actual authorization for use during a spill
response will be governed by the provisions
of the NCP and the applicable ACP. To date,
dispersant application has not been approved
by ACPs for inland areas or shallow
nearshore areas.
9.0 Additional Equipment Necessary to
Sustain Response Operations
9.1 A facility owner or operator shall, as
appropriate, ensure that sufficient numbers
of trained personnel and boats, aerial
spotting aircraft, containment boom, sorbent
materials, boom anchoring materials, and
other supplies are available to sustain
response operations to completion. All such
equipment must be suitable for use with the
primary equipment identified in the response
plan. A facility owner or operator is not
required to list these resources, but shall
certify their availability.
9.2 A facility owner or operator shall
evaluate the availability of adequate
temporary storage capacity to sustain the
effective dally recovery capacities from
equipment identified in the plan. Because of
the inefficiencies of oil spill recovery
devices, response plans must identify daily
storage capacity equivalent to twice the
effective daily recovery capacity required on-
scene. This temporary storage capacity may
be reduced if a facility owner or operator can
demonstrate by waste stream analysis that
the efficiencies of the oil recovery devices,
ability to decant waste, or the availability of
alternative temporary storage or disposal
locations will reduce the overall volume of
oily material storage requirement.
9.3 A facility owner or operator shall
ensure that his or her planning Includes the '
capability to arrange for disposal of recovered
oil products. Specific disposal procedures
will be addressed in the applicable ACP.
10.0 References and Availability
10.1 All materials listed in this section
are part of EPA's rulemaking docket, and are
located in the Superfund Docket, Room
M2615, at the U.S. Environmental Protection
Agency, 401M Street, SW., Washington, DC
20480 (Docket Number SPCC-2P). The
docket is available for inspection between
9:00 a.m. and 4:00 p.m., Monday through
Friday, excluding Federal holidays.
Appointments to review the docket can be
made by calling 202-280-3048. The public
may copy a maximum of 288 pages from any
regulatory docket at no cost. If the number of
pages copied exceeds 268, however, a charge
of 15 cents will be incurred for each
additional page, plus a $25.00 administrative
fee. Charges for copies and docket hours are
subject to change.
10.2 The docket will mail copies of
materials to requestors who are outside the
Washington D.C. metro area. Materials may
be available from other sources, as noted in
this section. The ERNS/SPCC Information
line at 202-260-2342 or the RCRA/
Superfund Hotline at 800-424-9346 may also
provide additional information on where to
obtain documents. To contact the RCRA/
Superfund Hotline in the Washington, DC
metropolitan area, dial 703-412-9810. The
Telecommunications Device for the Deaf
(TDD) Hotline number is 800-553-7672, or,
in the Washington, DC metropolitan area.
703-412-3323.
10.3 Documents Referenced
(1) National Preparedness for Response
Exercise Program (PREP). The PREP draft
guidelines are available from .United States
Coast Guard Headquarters (G-MEP-4), 2100
Second Street, SW., Washington, DC 20593.
(See 58 FR 53990, October 19,1993, Notice
of Availability of PREP Guidelines).
(2) "Guidance for Facility and Vessel
Response Plans: Fish and Wildlife and
Sensitive Environments" (published in the
Federal Register by DOC/NOAA at 59 FR
14713, March 29,1994). The guidance is
available in the Superfund Docket (see
sections 10.1 and 10.2 of this appendix).
(3) ASTM Standards. ASTM F 715, ASTM
F 989, ASTM F 831-60. ASTM F 808-83
(1988). The ASTM standards are available
from the American Society for Testing and
Materials, 1916 Race Street, Philadelphia, PA
19103-1187.
TABLE 1 TO APPENDIX E—RESPONSE RESOURCE OPERATING CRITERIA
Oil Recovery Devices
Operating environment
Rivers and Canals . . „ „ „_ „... ... . .
Inland
Great LAI^HS
Ocean .. . .. . .
Significant wave
height1
s 1 loot
s 3 feet
s 4 feet
s 6 feet
Sea state
1
2
2-3
~ 3-4
Boom
Boom property
Sianiflcant Wave Heiaht 1
Sea State
Boom height— -inches (draft plus freeboard) .
Total Tensile Strength— pounds .
Skirt Fabric Tear Strenoth— rounds »
Rivers
and
canals
S 1
1 ...
6-18
2'1 .
4,500
200
100
Ua
Inland
S 3
2
18-42
2:1
15,000-
20.000.
300
100
e
Great
Lakes
S 4
2-3
18-42
2:1 „
15.000-
20,000.
300
100
Ocean
S6
3-4
*42
3:1 to 4:1
220.000
500
125
10il recovery devices and boom shall be at least capable of operating in wave heights up to and including the values listed in Table 1 for each
operating environment
-------
Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations 34117
TABLE 2 TO APPENDIX E—REMOVAL CAPACITY PLANNING TABLE
Spill location
Rivers and canals
Nearshore/inland Great Lakes
Sustainability of on-water oil recovery
Oil group1
3 days
4 days
Percent nat-
ural dissipa-
tion
Percent re-
covered
floating oil
Percent oil.
onshore
Percent pat- Percent re-
ural dissipa- covered
tion floating oil
Percent oil
Onshore
1. Non-persistent oils
2. Light crudes
3. Medium crudes and fuels
4. Heavy crudes and fuels
80
40
20
5
10
15
15
20
10
45
65
75
80
50
30
10
20
50
50
50
10
30
50
70
Group 5 oils are defined in section 1.2.7 of this appendix; the response resource considerations are outlined in section 7.6 of this appendix.
1 Non-petroleum oils are defined in section 1.2.3 of this appendix; the response resource considerations are outlined in section 7.7 of this ap-
pendix.
TABLE 3 TO APPENDIX E—EMULSI-
FICATION FACTORS FOR PETROLEUM
OIL GROUPS 1—Continued
TABLE 3 TO APPENDIX
FICATION FACTORS FOR
OIL GROUPS 1
Non-Persistent Oil:
Group 1 ..... . ..... ..
Persistent Oil:
Grouo 2 ...... „ „
v«. mfjf •. • •••••••••••.•.••.••••••..•«.•••
Group 3
GrouD 4 .......... „.
"""•f* ^ ................................
E— EMULSI-
PETROLEUM
1.0
1.8
2.0
1.4
Group 5 oils are defined in section 1.2.7 of
this appendix; the response resource con-
siderations are outlined in section 7.6 of
this appendix.
-------
34118 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
ATTACHMENT E-l --
WORKSHEET TO FLAN VOLUME OF RESPONSE RESOURCES
FOR WORST CASE DISCHARGE
Part I Background Information
Step (A) Calculate Worst Case Discharge in barrels (Appendix D)
(A)
Step (B) Oil Group1 (Table 3 and section 1.2 of this appendix)
Step (C) Operating Area (choose one)
Step (D) Percentages of Oil (Table 2 of this appendix)
Nearshore/Inland
Great Lakes
or Rivers
and Canals
Percent Lost to
Natural Dissipation
(01)
Percent Recovered
Floating oil
(02)
Percent
Oil Onshore
(03)
Step (El) On-?Water Oil Recovery Step (D2> x Step
100
(ED
Step (E2) Shoreline Recovery Step (D3> x Step (Al . .
100
(E2)
Step (F) Eoulaification Factor
(Table 3 of this appendix) .
Step (G) On-Water Oil Recovery Resource Mobilization Factor
(Table 4 of this appendix)
Tier 1
Tier 2
(F)
Tier 3
(CD
(G2)
(G3)
1 A facility that handles, stores, or transports multiple groups of oil Bust do separate
calculations for each oil group on site except for those oil groups that constitute 10 percent or
less by volume of the total oil storage capacity at the facility. For purposes of this
calculation, the volunws of all products in an oil group Must be suMed to determine the
percentage of the facility's total oil storage capacity.
-------
Federal Register /Vol. 59, No. 126 / Friday. July 1, 1994 / Rules and Regulations 34119
ATTACHMENT 1*1 (COXTXMJXD) ••
NORXSHBKT TO PLAH VOLUME 07 KISPOVSI RMOTOC1S
FOR WORST CASE DXSCHAkOI
Part IX On-Water Oil Recovery Capacity (barrels/day)
Tier 1 Tier 2
Step (El) x Step (F) x
Step (CD
Step (El) x Step (F) x
Step (G2)
Tier 3
Step (El) x Step (F) x
Step (63)
Part ZZZ Shoreline Cleanup Volume (barrels)
Part IV On-Water Response Capacity By Operating Area
(Table 5 of this appendix)
(Amount needed to be contracted for in barrels/day)
Tier 1
Tier 2
Step (E2) x Step (F)
Tier 3
(J2>
MOTSi To convert from barreli/day to gallons/day, multiply the quantities in
Parts XI through V by 42 qallons/barrel.
-------
34120
Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
ATTACHMKHT S-l BXAMPLX -•
WORKSHKBT TO PLAN VOLUME OF RESPONSE RESOURCES
FOR WORST CASE DISCHARGE
Part I Background Information
Step (A) Calculate Worst Case Discharge in barrels (Appendix D)
170,000
(A)
Step (B) Oil Group1 (Table 3 and section 1.2 of this appendix)
Step (C) Operating Area (choose one)
Nearshore/Inland
Great Lakes
Step (D) Percentages of Oil (Table 2 of this appendix)
or Rivers
and Canals
Percent Lost to
Natural Dissipation
Percent Recovered
Floating Oil
10
50
(01)
(02)
Percent Oil
Onshore
70
(D3)
Step (El) On-Water Oil Recovery Step (D21 x Step (A)
100
85,000
(El)
Step (E2) Shoreline Recovery
Step (D3) x Step (A)
100
119,000
(E2)
Step (F) Emulsification Factor
(Table 3 of this appendix) .
Step (G) On-Water Oil Recovery Resource Mobilization Factor
(Table 4 of this appendix)
Tier 1
Tier 2
0.15
0.25
(CD
(G2)
1.4
(F)
Tier 3
0.40
(G3)
A facility that handles, stores, or transports multiple groups of oil oust do separate calculations for
each oil group on site except for those oil groups that constitute 10 percent or less by volume of the total
oil storage capacity at the facility. For purposes of this calculation, the volines of all products in an
oil group must be sunned to determine the percentage of the facility's total oil storage capacity.
-------
Federal Register / Vol. 59. No. 126 / Friday, July 1, 1994 / Rules and Regulations 34121
ATTACHMENT B-l SXAMPLK (COOTXHDID) -•
WORKSHKKT TO PLAN VOLUME 07 RKSPOTf1! RKSOOKCXS
FOR WORST CASK DXSCHAROB \
Part II On-Water Oil Recovery Capacity (barrels/day)
Tier 1
17,850
Tier 2
29,750 |
Step (ED x Step (F) x
Step (G1)
Step (El) x Step (F) x
Step (C2)
Tier 3
47,600
Step (El) x Step (F) x
Step «3)
Part III Shoreline Cleanup Volume (barrels)
Part IV On-Water Response Capacity By Operating Area
(Table 5 of this appendix)
(Amount needed to be contracted for in barrels/day)
Tier 1
Tier 2
10,000
20,000
(JD
(J2)
166,600
Step (E2) x Step (F)
Tier 3
40,000
-------
34122 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
Appendix F To Part 112—Facility-Specific
Response Plan
Table of Contents
1.0 Model Facility-Specific Response
Plan
1.1 Emergency Response Action Plan
1.2 Facility Information
1.3 Emergency Response Information
1.3.1 Notification
1.3.2 Response Equipment List
1.3.3 Response Equipment Testing/
Deployment
1".3.4 Personnel
1.3.5 Evacuation Plans
1.3.6 Qualified Individual's Duties
1.4 Hazard Evaluation
1.4.1 Hazard Identification
1.4.2 Vulnerability Analysis
1.4.3 Analysis of the Potential for an Oil
Spill
1.4.4 Facility Reportable Oil Spill History
1.5 Discharge Scenarios
1.5.1 Small and Medium Discharges
1.5.2 Worst Case Discharge
1.6 Discharge Detection Systems .
1.6.1 Discharge Detection By Personnel
1.6.2 Automated Discharge Detection
1.7 Plan Implementation
1.7.1 Response Resources for Small,
Medium, and Worst Case Spills
1.7.2 Disposal Plans
1.7.3 Containment and Drainage Planning
1.8 Self-Inspection, Drills/Exercises, and
Response Training
1.8.1 Facility Self-Inspection
1.8.1.1 Tank Inspection
1.8.1.2 Response Equipment Inspection
1.8.1.3 Secondary Containment
Inspection
1.8.2 Facility Drills/Exercises
1.8.2.1 Qualified Individual Notification
Drill Logs
1.8.2.2 Spill Management Team Tabletop
Exercise Logs
1.8.3 Response Training
1.8.3.1 Personnel Response Training Logs
1.8.3.2 Discharge Prevention Meeting
Logs
1.9 Diagrams
1.10 Security
2.0 Response Plan Cover Sheet
3.0 Acronyms
4.0 References
1.0 Model Facility-Specific Response Plan
(A) Owners or operators of facilities
regulated under this part which pose a threat
of substantial harm to the environment by
discharging oil into or on navigable waters or
adjoining shorelines are required to prepare
and submit facility-specific response plans to
EPA in accordance with the provisions in
this appendix. This appendix further
describes the required elements in
§ 112.20(h).
(B) Response plans must be sent to the
appropriate EPA Regional office. Figure F-l
of this Appendix lists each EPA Regional
office and the address where owners or
operators must submit their response plans.
Those facilities deemed by the Regional
Administrator (RA) to pose a threat of
significant and substantial harm to the
environment will have their plans reviewed
and approved by EPA. In certain cases,
information required in the model response
plan is similar to information currently
maintained in the facility's Spill Prevention,
Control, and Countermeasures (SPCC) Plan as
required by 40 CFR 112.3. In these cases,
owners or operators may reproduce the
information and include a photocopy in the
response plan.
(C) A complex may develop a single
response plan with a set of core elements for
all regulating agencies and separate sections
for the non-transportation-related and
transportation-related components, as
described in § 112.20(h). Owners or operators
of large facilities that handle, store, or
transport oil at more than one geographically
distinct location (e.g., oil storage areas at
opposite ends of a single, continuous parcel
of property) shall, as appropriate, develop
separate sections of the response plan for
each storage area.
BILLING CODE e560-6
-------
(AK)
l-'igure V . \
EPA REGIONAL OFFICES FOR
RESPONSE PLAN SUBMITTAL
Region X
(AK. ID. OR, WA)
SRIS (HWII4)
1200 Sixih Avenue, lllh Floor
Scallle. WA 98101
Region I
(CT. MA. ME. NH, Rl. VT)
ATTN: Response Plan Coordinator
Emergency Response Section
60 Wcstview Street
Lexington. MA 02173
Region VIII
(CO. MT. ND. SD. UT. WY)
Prevention Section (HWM-ER)
999 18th Street. Suite 500
Denver. CO 80202-2405
Region II
(NJ. NY. PR. USVI)
RBP Removal and Emergency
Preparedness Programs
2890 Woodbridge Avenue (MS-211)
Edison. NJ 08837
Region V
(IL? IN. Ml. MM. OH. WI)
EERB (HSE-5J)
77 W. Jackson Blvd. Sth Floor
Chicago. IL 60604
Region VII
(IA. KS. MO. NE)
EPPB (ENSV)
25 Funston Road. 2nd Floor |
Kansas City. KS 66115
Region IX
(AZ, CA. HI. NV. American Samoa.
Guam, Trust Territories of the Pacific)
ERS (H83)
75 Hawthorne Street
San Francisco. CA 94105
(HI)
o
Region III
(DE, DC. MD. PA. VA. WV)
Oil and Title III Section (3HW34)
841 Chestnut Building. 9th Floor
Philadelphia. PA 19107
Region VI
(AR. LA. NM. OK. TX)
Contingency Planning Section (62-EP)
1445 Ross Avenue
Dallas. TX 75202-2733
Region IV
(AL. FL, GA. KY. MS. NC. SC. TN)
Emergency Response and Removal Branch
345 Courtland Street. N.E.. 1st Floor
Atlanta. GA 30365
£
en
to
to
en
8
I
CD'
CO
I
W
ifr
H*
-------
34124 Federal Register / Vol. 59, No. 126 / Friday, July 1. 1994 / Rules and Regulations
1.1 Emergency Response Action Plan
Several sections of the response plan shall
be co-located for easy access by response
personnel during an actual emergency or oil
spill. This collection of sections shall be
called the Emergency Response Action Plan.
The Agency intends that the Action Plan
contain only as much information as is
necessary to combat the spill and be arranged
so response actions are not delayed. The
Action Plan may be arranged in a number of
ways. For example, the sections of the
Emergency Response Action Plan may be
photocopies or condensed versions of the
forms included in the associated sections of
the response plan. Each Emergency Response
Action Plan section may be tabbed for quick
reference. The Action Plan shall be
maintained in the front of the same binder
that contains the complete response .plan or
it shall be contained in a separate binder. In
the latter case, both binders shall be kept
together so that the entire plan can be
accessed by the qualified individual and
appropriate spill response personnel. The
Emergency Response Action Plan shall be
made up of the following sections:
1. Qualified Individual Information (Section
1.2) partial
2. Emergency Notification Phone List
(Section 1.3.1) complete
3. Spill Response Notification Form (Section
1.3.1) complete /
4. Response Equipment List and Location
(Section 1.3.2) complete
5. Response Equipment Testing and
Deployment (Section 1.3.3) complete
6. Facility Response Team (Section 1.3.4)
partial
7. Evacuation Plan (Section 1.3.5) condensed
B. Immediate Actions (Section 1.7.1)
complete
9. Facility Diagram (Section 1.9) complete
1.2 Facility Information
The facility information form is designed
to provide an overview of the site and a
description of past activities at the facility.
Much of the information required by this
section may be obtained from the facility's
existing SPOC Plan.
1.2.1 Facility name and location: Enter
facility name and street,address. Enter the
address of corporate headquarters only if
corporate headquarters are physically located
at the facility. Include city, county, state, zip
code, and phone number.
1.2.2 Latitude and Longitude: Enter the
latitude and longitude of the facility. Include
degrees, minutes, and seconds of the main
entrance of the facility.
1.2.3 Wellhead Protection Area: Indicate
if the facility is located in or drains into a
wellhead protection area as denned by the
Safe Drinking Water Act of 1966 (SOWA).'
The response plan requirements in the
Wellhead Protection Program are outlined by
the State or Territory in which the facility
resides.
1.2.4 Owner/operator: Write the name of
the company or person operating the facility
and the name of the person or company that
owns the facility, if the two are different. List
the address of the owner, if the two are
different.
1.2.5 Qualified Individual: Write the
name of the qualified individual for the
entire facility. If more than one person is
listed, each individual indicated in this
section shall have full authority to
implement the facility response plan. For
each individual, list: name, position, home
and work addresses (street addresses, not
P.O. boxes), emergency phone number, and
specific response training experience.
1.2.6 Date of Oil Storage Start-up: Enter
the year which the present facility first
started storing oil.
1.2.7 Current Operation: Briefly describe
the facility's operations and include the
Standard Industry Classification (SIC) code.
1.2.8 Dates and Type of Substantial
Expansion: Include information on
expansions that have occurred at the facility.
Examples of such expansions include, but are
not limited to: Throughput expansion,
addition of a product line, change of a
product line, and installation of additional
oil storage capacity. The data provided shall
Include all facility historical information and
detail the expansion of the facility. An
example of substantial expansion is any
material alteration of the facility which
causes the owner or operator of the facility
to re-evaluate and increase the response
equipment necessary to adequately respond
to a worst case discharge from the facility.
Date of Last Update:
Facility Information Form
Facility Name:
Location (Street Address):
City: State: Zip:
County: Phone Number: ( )
Latitude: _____ Degrees Minutes
Seconds
Longitude: ' Degrees Minutes
Seconds
Wellhead Protection Area: .
Owner:
• * A wellhead protection area is defined as the
(surface and subsurface area surrounding a water
well or wellfield, supplying a public water system,
through which contaminants an reasonably likely
to move toward and reach such water well or
wellfield. For further information regarding Slate
and territory protection programs, facility owners or
operators may contact the SDWA Hotline at 1-800-
426-4791.
Owner Location (Street Address):
(if different from Facility Address)
City: State: Zip:
County: . Phone Number: ( )
Operator (if not Owner): -
Qualified Individual(s): (attach additional
sheets if more than one)
Name:
Position:
Work Address:
Home Address: •
Emergency Phone Number: ( ) —
Date of Oil Storage Start-up:
Current Operations: —
Date(s) and
Expansion(s):
Type(s) of Substantial
(Attach additional sheets if necessary)
1.3 Emergency Response Information
(A) The information provided in this
section shall describe what will be
needed in an actual emergency
involving the discharge of oil or a
combination of hazardous substances
and oil discharge. The Emergency
Response Information section of the
plan must include the following
components:
(1) The information provided in the
Emergency Notification Phone List in section
1.3.1 identifies and prioritizes the names and
phone numbers of the organizations and
personnel that need to be notified
immediately in the event of an emergency.
This section shall include all the appropriate
phone numbers for the facility. These
numbers must be verified each time the plan
is updated. The contact list must be
accessible to all facility employees to ensure
that, in case of a discharge, any employee on
site could immediately notify the appropriate
parties.
(2) The Spill Response Notification Form
in section 1.3.1 creates a checklist of
information that shall be provided to the
National Response Center (NRC) and other
response personnel. All information on this
checklist must be known at the time of
notification, or be in the process of being
collected. This notification form is based on
a similar form used by the NRC Note: Do not
delay spill notification to collect the
information on the list.
(3) Section 1.3.2 provides a description of
the facility's list of emergency response
equipment and location of the response'
equipment. When appropriate, the amount of
oil that emergency response equipment can
handle and any limitations (e.g., launching
sites) must be described.
(4) Section 1.3.3 provides information
regarding response equipment tests and
deployment drills. Response equipment
deployment exercises shall be conducted to
ensure that response equipment is
operational and the personnel who would
operate the equipment in a spill response are
capable of deploying and operating it. Only
a representative sample of each type of
response equipment needs to be deployed
and operated, as long as the remainder is
properly maintained. If appropriate, testing
of response equipment may be conducted
while it is being deployed. Facilities without
facility-owned response equipment must
ensure that the oil spill removal organization
that is identified .in the response plan to
provide this response equipment certifies
that the deployment exercises have been met.
Refer to the National Preparedness for
Response Exercise Program (PREP)
Guidelines (see Appendix E to this part,
section 10, for availability), which satisfy Oil
Pollution Act (OPA) response exercise
requirements.
(5) Section 1.3.4 lists the facility response
personnel, including those employed by the
facility and those under contract to the
facility for response activities, the amount of
time needed for personnel to respond, their
responsibility in the case of an emergency,
and their level of response training. Three
different forms are included in this section.
The Emergency Response Personnel List
shall be composed of all personnel employed
by the facility whose duties involve
-------
Federal Register / Vol. 59, No. 126 /Friday, July 1. 1994 / Rules and Regulations 34125
responding to emergencies, including oil
spills, even when they are not physically
present at the site. An example of this type
of person would be the Building Engineer-in-
Charge or Plant Fire Chief. The second form
is a list of the Emergency Response
Contractors (both primary and secondary)
retained by the facility. Any changes in
contractor status must be reflected in updates
to the response plan. Evidence of contracts
with response contractors shall be included
in this section so that the availability of
resources can be verified. The last form is the
Facility Response Team List, which shall be
composed of both emergency response
personnel (referenced by job title/position)
and emergency response contractors.
included in one of the two lists described
above, that will respond immediately upon
discovery of an oil spill or other emergency
(i.e., the first people to respond). These are
to be persons normally on the facility
premises or primary response contractors.
Examples of these personnel would be the
. Facility Hazardous Materials (HAZMAT)
Spill Team 1, Facility Fire Engine Company
1, Production Supervisor, or Transfer
Supervisor. Company personnel must be able
to respond immediately and adequately if
contractor support is not available.
(6) Section 1.3.5 lists factors that must, as
appropriate, be considered when preparing
an evacuation plan.
(7) Section 1.3.6 references the
responsibilities of the qualified individual for
the facility in the event of an emergency.
(B) The information provided in the
emergency response section will aid in the
assessment of the facility's ability to respond
to a worst case discharge and will identify
additional assistance that may be needed. In
addition, the facility owner or operator may
want to produce a wallet-size card containing
a checklist of the immediate response and
notification steps to be taken in the event of
an oil discharge.
1.3.1 Notification
Date of Last Update:
Emergency Notification Phone List Whom To
Notify
Reporter's Name:
Date:
Organization
Phone No.
Facility Name:
Owner Name:
Facility Identification Number
Date and Time of Each NRC Notification: .—
1. National Response
Center (NRC):
2. Qualified Individual:
• Evening Phone:
3. Company Response
Team:
Evening Phone:
4. Federal On-Scene Co-
ordinator (OSC) and/or
Regional Response
Center (RRC):
Evening Phone(s):
Pager Number(s):
5. Local Response Team
(Fire DepUCoopera-
tives):
6. Fire Marshall:
Evening Phone:
7. State Emergency Re-
sponse Commission
(SERC):
Evening Phone:
8. State Police:
9. Local Emergency
Planning Committee
(LEPC):
10. Local Water Supply
System:
Evening Phone:
11. Weather Report
12. Local Television/
Radio Station for Evac-
uation Notification:
1-800-424-8802
Organization
Phone No.
13. Hospitals:
Spill Response Notification Form
Reporter's Last Name:
First: —
M.I.:
Position:
Phone Numbers:
Day( )
Evening ( )
Company:
Organization Type:
Address:
.(Y/N)
City:
State: =
Zip:
Were Materials Discharged? _
Confidential? (Y/N)
Meeting Federal Obligations to Report?
(Y/N) Date Called:
Calling for Responsible Party? (Y/N)
Time Called:
Incident Description
Source and/or.Cause of Incident:
Date of Incident:
Time of Incident: AM/PM
Incident Address/Location:
Nearest City:_
County:.
. State:.
.Zip:.
Distance from City. ' Units of Measure:
Direction from City:
Section: Township: Range:
Borough:
Container Type: Tank Oil Storage
Capacity: Units of Measure:
Facility Oil Storage Capacity:.
of Measure:
Facility Latitude:.
Minutes Seconds
Facility Longitude:.
Minutes Seconds
Material
.Units
CHRIS Code
Discharged quantity Unit of measure
Material Discharged
in water
Quantity
Unit of measure
Response Action
Actions Taken to Correct, Control or Mitigate
Incident:
Impact
Number of Injuries:.
Deaths:
. Number of
-------
34126 Federal Register /Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
Was there any Damage?
Damage in Dollars (approxii
fY/N1
(Y/N)
More information about Medium:
Additional Information
Any information about the incident not
recorded elsewhere in the report:
M
Caller Notifications
EPA? fY/Nl USCG? (Y/
Other? fY/Nl Describe:
1 .3.2 Response Equipment List
Date of Last Update:
Facility Response Equipment List
1. Skimmers/Pumps — Operational SU
C
D
N) J
2.B
N
S
C
itui: - S
t
FP/
Type
Amount
Type Model Year
apacity: eal./min.
ally Effective I
torage Locatioi
ate Fuel Last C
oom — Opera ti
ype. Model, an
Type Mod
Recovery Rate:
ifnl-
.hanged:
el Year
ize (length): ft.
ontainment Ai
torage Locatioi
Chemicals St
L'S NCP Produi
Date
purchased
•ea: sq. ft.
Dred (Dispersants listed on
:t Schedule)
Treatment
capacity
Storage
location
Were appropriate procedures used to
receive approval for use of dispersants in
accordance with the NCP (40 CFR 300.910)
and the Area Contingency Plan (ACP), where
applicable? (Y/N).
Name and State of On-Scene Coordinator
(OSC) authorizing use: .
Date Authorized: .
4. Dispersant Dispensing Equipment—
Operational Status: .
Type and year
' • !
Capacity
Storage
location
Response
time
(minutes)
5. Sorbents—Operational Status:
Type and Year Purchased: —
Amount:
Absorption Capacity (gal.):
Storage Location(s):
6. Hand Tools—Operational Status:
Type and
year
Quantity
Storage
location
.7. Communication Equipment (include
operating frequency and channel and/or
cellular phone numbers)—Operational
Status: ' \
Type and
year
Quantity
Storage loca-
tion/number
8. Fire Fighting and Personnel Protective
Equipment—Operational Status:
Type and
year
Quantity
Storage
location
9. Other (e.g.. Heavy Equipment, Boats and
Motors)—Operational Status:
Type and
year
Quantity
Storage
location
1.3 J Response Equipment Testing/
Deployment
Date of Last Update:
Response Equipment Testing and
Deployment Drill Log
Last Inspection or Response Equipment Test
Date:
Date:
Inspection Frequency:
Last Deployment Drill
Deployment Frequency:
Oil Spill Removal Organization Certification
(if applicable):
1.3.4 Personnel
Date of Last Update:.
-------
Federal Register / Vol. 59, No. 126 / Friday! July 1, 1994 / Rules and Regulations 34127
EMERGENCY RESPONSE PERSONNEL
Company Personnel
Name
1.
2.
3.
4.
5.
6.
7.
8.
e.
10.
11.
12.
Phone1
Response time
Responsibility during response action
-
•.
Response training type/date
1 Phone number to be used when person is not on-stte.
EMERGENCY RESPONSE CONTRACTORS
Date of Last Update:
Contractor
1.
2.
3.
4.
Phone
Response time
Contract responsibility ' /
•
11nclude evidence of contracts/agreements with response contractors to ensure the availability of personnel and response equipment
FACILITY RESPONSE TEAM
Date of Last Update:
Team member .
Qualified Individual:
Response time
(minutes)
Phone or pager number (day/evening)
/
/
/
/
/
/
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
FACILITY RESPONSE TEAM—Continued
Date of Last Update:.
Team member
-
Response time
(minutes)
Phone or pager number (day/evening)
/
/
/
/
/
/
/
/
/
/
/
/
Note: If the facility uses contracted help in an emergency response situation, the owner or operator must provide the contractors' names and
review the contractors' capacities to provide adequate personnel and response equipment.
1.3.5 Evacuation Plans
1.3.5.1 Based on the .analysis of the
facility, as discussed elsewhere in the plan,
a facility-wide evacuation plan shall be
developed. In addition, plans to evacuate
parts of the facility that are at a high risk of
exposure in the event of a spill or other
release must be developed. Evacuation routes
must be shown on a diagram of the facility
(see section 1.9 of this appendix). When
developing evacuation plans, consideration
must be given to the following factors, as
appropriate:
(1) Location of stored materials;
(2) Hazard imposed by spilled material;
(3) Spill flow direction;
(4) Prevailing wind direction and speed;
(5) Water currents, tides, or wave
conditions (if applicable);
(6) Arrival route of emergency response
personnel and response equipment;
(7) Evacuation routes;
(8) Alternative routes of evacuation;
(9) Transportation of injured personnel to
nearest emergency medical facility;
(10) Location of alarm/notification systems;
(11) The need for a centralized'check-in
area for evacuation validation (roll call);
(12) Selection of a mitigation command
center, and
(13) Location of shelter at the facility as an
alternative to evacuation.
1.3.5.2 One resource that may be helpful
to owners or operators in preparing this
section of the response plan is The Handbook
of Chemical Hazard Analysis Procedures by
the Federal Emergency Management Agency
(FEMA), Department of Transportation
(DOT), and EPA. The Handbook of Chemical
Hazard Analysis Procedures is available
from: FEMA , Publication Office, 500 C
Street, S.W.. Washington. DC 20472. (202)
645-3484.
1.3.5.3 As specified in § 112.20(h)(l)(vi),
the facility owner or operator must reference
existing community evacuation plans, as
appropriate.
1.3.6 Qualified Individual's Duties
The duties of the designated qualified
individual are specified in § 112.20(h)(3)(ix).
The qualified individual's duties must be
described and be consistent with the
minimum requirements hi § 112.20(h)(3)(ix).
In addition, the qualified individual must be
identified with the Facility Information in
section 1.2 of the response plan.
1.4 Hazard Evaluation
This section requires the facility owner or
operator to examine the facility's operations
closely and to predict where discharges
could occur. Hazard evaluation is a widely
used industry practice that allows facility
owners or operators to develop a complete
understanding of potential hazards and the
response actions necessary to address these
hazards. The Handbook of Chemical Hazard
Analysis Procedures, prepared by the EPA,
DOT, and the FEMA and the Hazardous
Materials Emergency Planning Guide (NRT-
1), prepared by the National Response Team
are good references for conducting a hazard
analysis. Hazard identification and
evaluation will assist facility owners or
operators in planning for potential
discharges, thereby reducing the severity of
discharge impacts that may occur in the
future. The evaluation also may help the
operator identify and correct potential
sources of discharges. In addition, special
hazards to workers and emergency response
personnel's health and safety shall be
evaluated, as well as the facility's oil spill
history.
.1.4.1 Hazard Identification
The Tank and Surface Impoundment (SI)
forms, or their equivalent, that are part of this
section must be completed according to the
directions below. ("Surface Impoundment"
means a facility or part of a facility which is
a natural topographic depression, man-made
excavation, or diked area formed primarily of
earthen materials (although it may be lined
with man-made materials), which is designed
to hold an accumulation of liquid wastes or
wastes containing free liquids, and which is
not an injection well or a seepage facility.)
Similar worksheets, or their equivalent, must
be developed for any other type of storage
containers.
(1) List each tank at the facility with a
separate and distinct identifier. Begin
aboveground tank identifiers with an "A"
and belowground tank identifiers with a "B",
or submit multiple sheets with the
aboveground tanks and belowground tanks
on separate sheets.
(2) Use gallons for the maximum capacity
of a tank; and use square feet for the area.
(3) Using the appropriate identifiers and
the following instructions, fill in the
appropriate forms:
(a) Tank or SI number—Using the
aforementioned identifiers (A or B) or
.multiple reporting sheets, identify each tank
or SI at the facility that stores oil or
hazardous materials.
(b) Substance Stored—For each tank or SI
identified, record the material that is stored
therein. If the tank or SI is used to store more
than one material, list all of the stored
materials.
(c) Quantity Stored—For each material
stored in each tank or SI, report the average
volume of material stored on any given day.
(d) Tank Type or Surface Area/Year—For
each tank, report the type of tank (e.g.,
floating top), and the year the tank was
originally installed. If the tank has been
refabricated, the year that the latest
refabrication was completed must be
recorded in parentheses next to the year
installed. For each SI, record the surface area
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Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
34129
of the impoundment and the year it went into
service.
(e) Maximum Capacity—Record the
operational maximum capacity for each tank
and SI. If the maximum capacity varies with
the season, record the upper and lower
limits.
(f) Failure/Cause—Record the cause and
date of any tank or SI failure which has
resulted in a loss of tank or SI contents.
(4) Using the numbers from the tank and
SI forms, label a schematic drawing of the
facility. This drawing shall be identical to
any schematic drawings included in the
SPCCPlan.
(5) Using knowledge of the facility and its
operations, describe the following in writing:
(a) The loading and unloading of
transportation vehicles that risk the discharge
of oil or release of hazardous substances
during transport processes. These operations
may include loading and unloading of trucks,
railroad cars, or vessels. Estimate the volume
of material involved in transfer operations, if
the exact volume cannot be determined.
(b) Day-to-day operations that may present
a risk of discharging oil or releasing a
• hazardous substance. These activities include
scheduled venting, piping repair or
replacement, valve maintenance, transfer of
tank contents from one tank to another, etc.
(not including transportation-related
activities). Estimate the volume of material
HAZARD IDENTIFICATION TANKS 1
Date of Last Update:
involved in these operations, if the exact
volume cannot be determined.
(c) The secondary containment volume
associated with each tank and/or transfer
point at the facility. The numbering scheme
developed on the tables, or an equivalent
system, must be used to identify each
containment area. Capacities must be listed
for each individual unit (tanks, slumps,
drainage traps, and ponds), as well as the
facility total.
(d) Normal daily throughput for the facility
and any effect on potential discharge '
volumes that a negative or positive change in
that throughput may cause.
t
Tank No.
Substance Stored
(Oil and Hazardous
Substance)
Quantity Stored (gal-
lons)
Tank Type/Year
Maximum Capacity
(gallons)
Failure/Cause
.
1 Tank - any container that stores oil.
Attach as many sheets as necessary.
HAZARD IDENTIFICATION SURFACE IMPOUNDMENTS (Sis)
Date of Last Update:.
SI No.
Substance Stored
Quantity Stored (gal-
lons)
Surface Area/Year
'
Maximum Capacity
(gallons)
Failure/Cause
.
Attach as many sheets as necessary.
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34130 Federal Register / Vol. 59. No. 126 / Friday, July 1. 1994 / Rules and Regulations
1.4.2 Vulnerability Analysis
The vulnerability analysis shall
address the potential effects (i.e., to
human health, property, or the
environment) of an oil spill. Attachment
C-III to Appendix C to this part
provides a method that owners or
operators shall use to determine
appropriate distances from the facility
to fish and wildlife and sensitive
environments. Owners or operators can
use a comparable formula that is
considered acceptable by the RA. If a
comparable formula is used,
documentation of the reliability and
analytical soundness of the formula
must be attached to the response plan
cover sheet. This analysis must be
prepared for each facility and, as
appropriate, must discuss the
vulnerability of:
(1) Water intakes (drinking, cooling,
or other);
(2) Schools;
(3) Medical facilities;
(4) Residential areas;
(5) Businesses;
(6) Wetlands or other sensitive
environments;2
(7) Fish and wildlife;
(8) Lakes and streams;
(9) Endangered flora and fauna;
(10) Recreational areas;
(11) Transportation routes (air, land,
and water);
(12) Utilities; and
(13) Other areas of economic
importance (e.g., beaches, marinas)
including terrestrially sensitive
environments, aquatic environments,
and unique habitats.
1.4.3 Analysis of the Potential for an
Oil Spill
Each owner or operator shall analyze
the probability of a spill occurring at the
facility: This analysis shall incorporate
factors such as oil spill history,
horizontal range of a potential spill, and
vulnerability to natural disaster, and
shall, as appropriate, incorporate other
factors such as tank age. This analysis
will provide information for developing
discharge scenarios for a worst case
discharge and small and medium
discharges and aid in the development
of techniques to reduce the size and
frequency of spills. The owner or
operator may need to research the age of
the tanks and the oil spill history at the
facility.
1.4.4 Facility Reportable Oil Spill
History
Briefly describe the facility's
reportable oil spill3 history for the
entire life of the facility to the extent
that such information is reasonably
identifiable, including:
(1) Date of discharge(s);
(2) List of discharge causes;
(3) Material(s) discharged;
(4) Amount discharged in gallons;
(5) Amount of discharge that reached
navigable waters, if applicable;
(6) Effectiveness and capacity of
secondary containment;
(7) Clean-up actions taken;
(8) Steps taken to reduce possibility of
recurrence;
(9) Total oil storage capacity of the
tank(s) or impoundment(s) from which
the material discharged;
(10) Enforcement actions;
(11) Effectiveness of monitoring
equipment; and
(12) Description(s) of how each oil
spill was detected.
The information solicited in this section
may be similar to requirements in 40
CFR 112.4(a). Any duplicate
information required by § 112.4(a) may
be photocopied and inserted.
2.5 Discharge Scenarios
In this section, the owner or operator
is required to provide a description of
the facility's worst case discharge, as
well as a small and medium spill, as
appropriate. A multi-level planning
approach has been chosen because the
response actions to a spill (i.e.,
necessary response equipment,
products, and personnel) are dependent
on the magnitude of the spill. Planning
for lesser discharges is necessary
because the nature of the response may
be qualitatively different depending on
the quantity of the discharge. The
facility owner or operator shall discuss
the potential direction of the spill
pathway.
1.5.1 Small and Medium Discharges
1.5.1.1 To address multi-level
planning requirements, the owner or
operator must consider types of facility-
specific spill scenarios that may
contribute to a small or medium spill.
The scenarios shall account for all the
operations that take place at the facility,
including but not limited to:
(1) Loading and unloading of surface
transportation;
'Refer to the DOC/NOAA "Guidance for Facility
and Vessel Response Plans: Fish and Wildlife and
Sensitive Environments" (See appendix E to this
part, section 10, for availability).
1 As described in 40 CFR part 110, reportable oil
spills are those that: (a) violate applicable water
quality standards, or (b) cause a film or sheen upon
or discoloration of the surface of the water or
adjoining shorelines or cause a sludge or emulsion
to be deposited beneath the surface of the water or
upon adjoining shorelines.
(2) Facility maintenance;
(3) Facility piping;
(4) Pumping stations and sumps;
(5) Oil storage tanks;
(6) Vehicle refueling; and
(7) Age and condition of facility and
components.
1.5.1.2 The scenarios shall also
consider factors that affect the response
efforts required by the facility. These
include but are not limited to:
(1) Size of the spill;
(2) Proximity to downgradient wells,
waterways, and drinking water intakes;
(3) Proximity to fish and wildlife and
sensitive environments;
(4) Likelihood that the discharge will
travel offsite (i.e., topography,
drainage);
(5) Location of the material spilled
(i.e., on a concrete pad or directly on the
soil);
(6) Material discharged;
(7) Weather or aquatic conditions (i.e.,
river flow);
(8) Available remediation equipment;
(9) Probability of a chain reaction of
failures; and
(10) Direction of spill pathway.
1.5.2 Worst Case Discharge
1.5.2.1 In this section, the owner or
operator must identify the worst case
discharge volume at the facility.
'Worksheets for production and non-
production facility owners or operators
to use when calculating worst case
discharge are presented in Appendix D
to this part. When planning for the
worst case discharge response, all of the
aforementioned factors listed in the
small and medium discharge section of
the response plan shall be addressed.
1.5:2.2 For onshore storage facilities
and production facilities, permanently
manifolded oil storage tanks are defined
as tanks that are designed, installed,
and/or operated in such a manner that
the multiple tanks function as one
storage unit (i.e., multiple tank volumes
are equalized). In this section of the
response plan, owners or operators must
provide evidence that oil storage tanks
with common piping or piping systems
are not operated as one unit. If such
evidence is provided and is acceptable
to the RA, the worst case discharge
volume shall be based on the combined
oil storage capacity of all manifold tanks
or the oil storage capacity of the largest
single oil storage tank within the
secondary containment area, whichever
is'greater. For permanently manifolded
oil storage tanks that function as one
storage unit, the worst case discharge
shall be based on the combined oil
storage capacity of all manifolded tanks
or the oil storage capacity of the largest
single tank within a secondary
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Federal Register / Vol. 59. No. 126 / Friday, July 1, 1994 / Rules and Regulations 34131
containment area, whichever is greater.
For purposes of the worst case discharge
calculation, permanently manifolded oil
storage tanks that are separated by
internal divisions for each tank are
considered to be single tanks and
individual manifolded tank volumes are
not combined.
1.6 Discharge Detection Systems
1 In this section, the facility owner or
operator shall provide a detailed
description of the procedures and
equipment used to detect discharges. A
section on spill detection by personnel
and a discussion of automated spill
detection, if applicable, shall be
included for both regular operations and
after hours operations. In addition, the
facility owner or operator shall discuss
how the reliability of any automated
system will be checked and how
frequently the system will be inspected.
1.6.1 Discharge Detection by Personnel
In this section, facility owners or
operators shall describe the procedures
and personnel that will detect any spill
or uncontrolled discharge of oil or
release of a hazardous substance. A
thorough discussion of facility
inspections must be included. In
addition, a description of initial
response actions shall be addressed.
This section shall reference section 1.3.1
of the response plan for emergency
response information.
1.6.2 Automated Discharge Detection
In this section, facility owners or
operators must describe any automated
spill detection equipment that the
facility has in place. This section shall
include a discussion of overfill alarms,
secondary containment sensors, etc. A
discussion of the plans to verify an
automated alarm and the actions to be
taken once verified must also be
included.
1.7 Plan Implementation
In this section, facility owners or
operators must explain in detail how to
implement the facility's emergency
response plan by describing response
actions to be carried out under the plan
to ensure the safety of the facility and
to mitigate or prevent discharges
described in section 1.5 of the response
plan. This section shall include the
identification of response resources for
small, medium, and worst case spills;
disposal plans; and containment and
drainage planning. A list of those
personnel who would be involved in the
cleanup shall be identified. Procedures
that the facility will use, where
appropriate or necessary, to update their
plan after an oil spill event and the time
frame to update the plan must be
described.
1.7.1 Response Resources for Small,
Medium, and Worst Case Spills
1.7.1.1 Once the spill scenarios have
been identified in section 1.5 of the
response plan, the facility owner or
operator shall identify and describe
implementation of the response actions.
The facility owner or operator shall
demonstrate accessibility to the proper
response personnel and equipment to
effectively respond to all of the
identified spill scenarios. The
determination and demonstration of
adequate response capability are
presented in Appendix E to this part. In
addition, steps to expedite the cleanup
of oil spills must be discussed. At a
minimum, the following items must be
addressed:
(1) Emergency plans for spill
response;
(2) Additional response training;
(3) Additional contracted help;
(4) Access to additional response
equipment/experts; and
(5) Ability to implement the plan
including response training and practice
drills.
1.7.1.2A recommended form detailing
immediate actions follows.
Oil Spill Response—Immediate
Actions
1. Stop the product
flow.
2. Warn personnel ....
3. Shut off ignition
sources.
4. Initiate containment
5. Notify NRC
6. Notify OSC
7. Notify, as appro-
priate
Act quickly to secure
pumps, dose
valves, etc.
Enforce safety and
security measures.
Motors, electrical cir-
cuits, open flames,
etc.
Around the tank anoV
or in the water with
oil boom.
1-OXM24-8802
Source: FOSS. Oil Spill Reapofne emergency Proce-
dure*, Revised December 3. 1992.
1.7.2 Disposal Plans
1.7.2.1 Facility owners or operators must
describe bow and where the facility intends
to recover, reuse, decontaminate, or dispose
of materials after a discharge has taken place.
The appropriate permits required to transport
or dispose of recovered materials according
to local. State, and Federal requirements
must be addressed. Materials that must be
accounted for in the disposal plan, as
appropriate, include:
(1) Recovered product;
(2) Contaminated soil;
(3) Contaminated equipment and materials,
including drums, tank parts, valves, and
shovels;
(4) Personnel protective equipment;
(5) Decontamination solutions;
(6) Adsorbents; and
(7) Spent chemicals.
1.7.2.2 These plans must be prepared in
< accordance with Federal (e.g., the Resource
Conservation and Recovery Act IRCRA]), .
State, and local regulations, where
applicable. A copy of the disposal plans from
the facility's SPCC Plan may be inserted with
this section, including any diagrams in those
plans.
Material
1.
2. '
3. .
4. • .
Disposal fa-
cility
Location
RCRA per-
mit/manifest
1.7.3 Containment and Drainage Planning
A proper plan to contain and control a spill
through drainage may limit the threat of
harm to human health and the environment
This section shall describe how to contain
and control a spill through drainage,
including:
(1) The available volume of containment
(use the information presented in section
1.4.1 of the response plan); •
(2) The route of drainage from oil storage
and transfer areas;
(3) The construction materials used in
drainage troughs;
(4) The type and number of valves and
separators used in the drainage system;
(5) Sump pump capacities;
(6) The containment capacity of weirs and
booms that might be used and their location
(see section 1.3.2 of this appendix); and
(7) Other cleanup materials.
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34132 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
In addition, facility owners or operators must
meet the inspection and monitoring
requirements for drainage contained in 40
CFR 112.7(e). A copy of the containment and
drainage plans that are required in 40 CFR
112.7(e) may be inserted in this section,
including any diagrams in those plans.
NOTE: The general permit for stormwater
drainage may contain additional
requirements.
1.8 Self-Inspection, Drills/Exercises, and .
Response Training.
The owner or operator must develop
programs for facility response training and
for drills/exercises according to the
requirements of 40 CFR 112.21. Logs must be
kept for facility drills/exercises, personnel
response training, and spill prevention
meetings. Much of the recordkeeping
information required by this section is also
contained in the SPCC Plan required by 40
CFR 112.3. These logs may be included in the
facility response plan or kept as an annex to
the facility response plan.
1.8.1 Facility Self-Inspection
Pursuant to 40 CFR 112.7(e)(8), each .
facility shall include the written procedures
and records of inspections in the SPCC Plan.
The inspection shall include the tanks,
secondary containment, and response
equipment at the facility. Records of the
inspections of tanks and secondary
containment required by 40 CFR 112.7(e)
shall be cross-referenced in the response
plan. The inspection of response equipment
is a new requirement in this plan. Facility
self-inspection requires two steps: (1) a
checklist of things to inspect; and (2) a
method of recording the actual inspection
and its findings. The date of each inspection
shall be noted. These records are required to
be maintained for 5 years.
1.8.1.1 Tank Inspection
The tank inspection checklist presented
below has been included as guidance during
inspections and monitoring. Similar
requirements exist in 40 CFR 112.7(e).
Duplicate information from the SPCC Plan
may be photocopied and inserted in this
section: The inspection checklist consists of
the following items:
Tank Inspection Checklist
1. Check tanks for leaks, specifically looking
for:
A. drip marks;
B. discoloration of tanks;
C. puddles containing spilled or leaked
material;
D. corrosion;
E. cracks; and
F. localized dead vegetation.
2. Check foundation for:
A. cracks;
B. discoloration;
C. puddles containing spilled or leaked
material;
D. settling;
E. gaps between tank and foundation; and
F. damage caused by vegetation roots.
3. Check piping for:
A. droplets of stored material;
B. discoloration;
C. corrosion;
D. bowing of pipe between supports;
E. evidence of stored material seepage from
valves or seals; and
F. localized dead vegetation.
TANK/SURFACE IMPOUNDMENT INSPECTION LOG
Inspector
Tank or Sl#
Date
Comments
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Federal Register / Vol. 59, No. 126 / Friday, July l, 1994 / Rules and Regulations 34133
1.0.1.2 Response Equipment Inspection
Using the Emergency Response Equipment
List provided in section 1.3.2 of the response
plan, describe each type of response
equipment, checking for the following:
Response Equipment Checklist
1. Inventory (item and quantity);
2. Storage location;
3. Accessibility (time to access and
respond);
4. Operational status/condition;
5. Actual use/testing (last test date and
frequency of testing); and
6. Shelf life (present age. expected
replacement date).
Please note any discrepancies between this
list and the available response equipment.
RESPONSE EQUIPMENT INSPECTION LOG
[Use section 1.3.2 of the response plan as a checklist]
Inspector
Date
Comments
1.0.1.3 Secondary Containment Inspection
Inspect the secondary containment (as
described in sections 1.4.1 and 1.7.2 of the
response plan), checking the following:
Secondary Containment Checklist
1. Dike or berm system. .
A. Level of precipitation in dike/available
. capacity;
B. Operational status of drainage valves;
C. Dike or berm permeability;
D. Debris;
E. Erosion;
F. Permeability of the earthen floor of
diked area; and
G. Location/status of pipes, inlets, drainage
beneath tanks, etc.
2. Secondary containment
A. Cracks;
B. Discoloration;
C. Presence of spilled or leaked material
(standing liquid);
D. Corrosion; and
E.'Valve conditions.
3. Retention and drainage ponds x
A. Erosion;
B. Available capacity;
C Presence of spilled or leaked material;
D. Debris; and
E. Stressed vegetation.
During inspection, make note of
discrepancies in any of the above
mentioned items, and report them
immediately to the proper facility
personnel. Similar requirements exist in
40 CFR 112.7(e). Duplicate information
from the SPCC Plan may be photocopied
and inserted in this section.
l.fl.2 Facility Drills/Exercises
(A) CWA section 311(j)(S), as amended by
OPA, requires the response plan to contain
a description of facility drills/exercises.
According to 40 CFR 112.21(c), the facility
owner or operator shall develop a program of
facility response drills/exercises, including
evaluation procedures. Following the PREP
guidelines (see Appendix E to this part,
section 10, for availability) would satisfy a
facility's requirements for drills/exercises
under this part. Alternately, under
§ 112.21(c), a facility owner or operator may
develop a program that is not based on the
PREP guidelines. Such a program is subject
to approval by the Regional Administrator
based on the description of the program
provided in the response plan.
(B) The PREP Guidelines specify that the
facility conduct internal and external drills/
exercises. The internal exercises include:
qualified individual notification drills, spill
management team tabletop exercises,
equipment deployment exercises, and
unannounced exercises. External exercises
•include Area Exercises. Credit for an Area or
Facility-specific Exercise will be given to the
facility for an actual response to a spill in thi
area if the plan was utilized for response to
the spill and the objectives of the Exercise
were met and were properly evaluated,
documented and self-certified.
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34134 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
fPl ^Artion 11? 9nfhlfflUin ranninM thft
shall be provided in sections 1.8.2.1 and
1.8.2.2, respectively. These logs may be
included in the facility response plan or kept
as an annex to the facility response plan. See
section 1.3.3 of this appendix for Equipment
Deployment Drill Loss.
1 .8.2. 1 Qualified Individual Notification
Drill Logs Qualified Individual Notification
Drill Log
Qualified Individual(s):
Emergency Scenario:
Evaluation: •
Name
1.8.2.2 Spill Management Team Tabletop
Exercise Logs Spill Management Team
Tabletop Exercise Log
r , -t.
PERSONNEL RESPONSE TRAINING LOG
Response training/date and number of hours
Section 112.21(a) requires facility owners
or operators to develop programs for facility
response training. Facility owners or
operators are required by § 112.20(h)(8)(iii) to
provide a description of the response training
program to be carried out under the response
plan. A facility's training program can be
based on the USCG's Training Elements for
Oil Spill Response, to the extent applicable
to facility operations, or another response
training program acceptable to the RA. The
training elements are available from Petty
Officer Daniel Cares at (202) 267-6570 or fax
267-4085/4065. Personnel response training
logs and discharge prevention meeting logs
shall be included in sections 1.8.3.1 and
1.8.3.2 of the response plan respectively.
These logs may be included in the facility
response plan or kept as an annex to the
facility response plan.
2 8 3 1 Personnel Response TroininQ
Prevention training/date and number of hours
-
1.8.3.2 Discharge Prevention Meetings Logs
Discharge Prevention Meeting Log
Date:
Attendees: •
Subject/issue identified
Required action
.
.
i
Implementation date
.
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Federal Register / Vol. 59. No. 126 / Friday, July 1, 1994 / Rules and Regulations 34135
1.9 Diagrams
The facility-specific response plan shall
include the following diagrams. Additional
diagrams that would aid in the development
of response plan sections may also be
included.
(1) The Site Plan Diagram shall, as
appropriate, include and identify:
(A) the entire facility to scale;
(B) above and below ground bulk oil
storage tanks;
(C) the contents and capacities of bulk oil
storage tanks;
(D) the contents and capacity of drum oil
storage areas;
(E) the contents and capacities of surface
impoundments;
(F) process buildings;
(G) transfer areas;
(H) secondary containment systems
(location and capacity);
(I) structures where hazardous materials
are stored or handled, Including
materials stored and capacity of storage; '
(J) location of communication and
emergency response equipment;
(K) location of electrical equipment which
contains oil; and
(L) for complexes only, the interface(s) (i.e.,
valve or component) between the portion
of the facility regulated by EPA and the
portion(s) regulated by other Agencies.
In most cases, this interface is defined as
the last valve inside secondary
containment before piping leaves the
secondary containment area to connect
to the transportation-related portion of
the facility (i.e., the structure used or
intended to be used to transfer oil to or
from a vessel or pipeline). In the absence
of secondary containment, this interface
is the valve manifold adjacent to the tank
nearest the transfer structure as
described above. The interface may be
defined differently at a specific facility if
agreed to by the RA and the appropriate
Federal official.
(2) The Site Drainage Plan Diagram shall, as
appropriate, Include:
(A) major sanitary and storm sewers,
manholes, and drains; '
(B) weirs and shut-off valves;
(C) surface water receiving streams;
(D) fire fighting water sources;
(E) other utilities;
(F) response personnel ingress and egress;
(G) response equipment transportation
routes; and
(H) direction of spill flow from discharge
points.
(3) The Site Evacuation Plan Diagram shall,
as appropriate, include:
(A) site plan diagram with evacuation
route(s); and
(B) location of evacuation regrouping areas.
1.10 Security
According to 40 CFR 112.7(e)(9), facilities
are required to maintain a certain level of
security, as appropriate. In this section, a
description of the facility security shall be
provided and Include, as appropriate:
(1) emergency cut-off locations (automatic or
manual valves);
(2) enclosures (e.g., fencing, etc.);
(3) guards and their duties, day and night;
(4) lighting;
(S) valve and pump locks; and
(6) pipeline connection caps.
The SPCC Plan contains similar information.
Duplicate information may be photocopied
and inserted in this section.
2.0 Response Plan Cover Sheet
A three-page form has been developed to
be completed and submitted to the RA by
owners or operators who are required to
prepare and submit a facility-specific
response plan. The cover sheet (Attachment
F-l) must accompany the response plan to
provide the Agency with basic information •
concerning the facility. This section will
describe the Response Plan Cover Sheet and
provide instructions for its completion.
2.1 Page One—General Information
Owner/Operator of Facility: Enter the name
of the owner of the facility (if the owner is
the operator). Enter the operator of the
facility if otherwise. If the owner/operator of
the facility is.a.corporation, enter the name
of the facility's principal corporate executive.
Enter as much of the name as will fit in each
section.
(1) Facility Name: Enter the proper name
of the facility.
(2) Facility Address: Enter the street
address, city. State, and zip code.
(3) Facility Phone Number: Enter the phone
number of the facility.
(4) Latitude and Longitude: Enter the
facility latitude and longitude in degrees,
minutes, and seconds. .
(5) Dun and Bradstreet Number: Enter the
facility's Dun and Bradstreet number if
available (this information may be obtained
from public library resources).
(6) Standard Industrial Classification (SIC)
Code: Enter the facility's SIC code as
determined by the Office of Management and
Budget (this Information may be obtained
from public library resources).
(7) Largest Oil Storage tank Capacity:
Enter the capacity in GALLONS of the largest
aboveground oil storage tank at the facility.
(B) Maximum Oil Storage Capacity. Enter
the total maximum capacity in GALLONS of
all aboveground oil storage tanks at the
facility.
(0) Number of Oil Storage Tanks: Enter the
number of all aboveground oil storage tanks
at the facility.
(10) Worst Cose Discharge Amount: Using
information from the worksheets in
Appendix D, enter the amount of the worst
case discharge in GALLONS.
(11) Facility Distance to Navigable Waters:
Mark the appropriate line for the nearest
distance between an opportunity for
discharge (i.e., oil storage tank, piping, or
flowline) and a navigable water.
2.2 Page Two—Applicability of Substantial
Harm Criteria
Using the flowchart provided in
Attachment C-I to Appendix C to this part,
mark the appropriate answer to each
question. Explanations of referenced terms
can be found in Appendix C to this part. If
a comparable formula to the ones described
in Attachment C-III to Appendix C to this
part is used to calculate the planning
distance, documentation of the reliability and
analytical soundness of the formula must be
attached to the response plan cover sheet..
2.3 Page Three—Certification
Complete this block after all other
questions have been answered.
• 3.0 Acronyms
ACP: Area Contingency Plan
ASTM: American Society of Testing
Materials
bbls: Barrels
bpd: Barrels per Day
bph: Barrels per Hour
CHRIS: Chemical Hazards Response
Information System
CWA: Clean Water Act
DOI: Department of Interior
DOC: Department of Commerce
DOT: Department of Transportation
EPA: Environmental Protection Agency
FEMA: Federal Emergency Management
Agency
FR: Federal Register
gal: Gallons
gpm: Gallons per Minute
HAZMAT: Hazardous Materials
LEPC: Local Emergency Planning Committee
MMS: Minerals Management Service (part of
DOI)
NCP: National Oil and Hazardous Substances
Pollution Contingency Plan
NOAA: National Oceanic and Atmospheric
Administration (pan of DOC)
NRC: National Response Center
NRT: National Response Team
OPA: Oil Pollution Act of 1090
OSC: On-Scene Coordinator
PREP: National Preparedness for Response
Exercise Program
RA: Regional Administrator
RCRA: Resource Conservation and Recovery
Act
RRC: Regional Response Centers
RRT: Regional Response Team
RSPA: Research and Special Programs
Administration
SARA: Superfund Amendments end
Reauthorization Act
SERQ State Emergency Response
Commission
SDWA: Safe Drinking Water Act of 1986
SI: Surface Impoundment
SIC: Standard Industrial Classification
SPCC: Spill Prevention, Control, and
Countermeasuns
USCG: United States Coast Guard
4.0 References
CONCAWE. 1982. Methodologies for
Hazard Analysis end Risk Assessment in the
Petroleum Refining and Storage Industry.
Prepared by CONCAWE's Risk Assessment
Ad-hoc Group.
U.S. Department of Housing and Urban
Development. 1987. Siting of HUD-Assisted
Projects Near Hazardous Facilities:
Acceptable Separation Distances from
Explosive and Flammable Hazards. Prepared
by the Office of Environment and Energy,
Environmental Planning Division,
Department of Housing and Urban
Development. Washington, DC
U.S. DOT, FEMA and U.S. EPA. Handbook
of Chemical Hazard Analysis Procedures.
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34136 Federal Register / Vol. 59, No. 126 / Friday, July 1, 1994 / Rules and Regulations
U.S. DOT, FEMA and U.S. EPA. Technical
Guidance for Hazards Analysis: Emergency
Planning for Extremely Hazardous .
Substances.
The National Response Team. 1987.
Hazardous Materials Emergency Planning
Guide. Washington, DC
The National Response Team. 1990. Oil
Spill Contingency Planning, National Status:
A Report to the President. Washington, DC.
U.S. Government Printing Office.
Offshore Inspection and Enforcement
Division. 1988. Minerals Management
Service, Offshore Inspection Program: ,
National Potential Incident of
Noncompliance (PINC) List. Reston, VA.
Attachments to Appendix F
Attachment F-l—Response Plan Cover Sheet
This cover sheet will provide EPA with
basic information concerning the facility. It
must accompany a submitted facility
response plan. Explanations and detailed
instructions can be found in Appendix F.
Please type or write legibly in blue or black
ink. Public reporting burden for the
collection of this information is estimated to
vary from 1 hour to 270 hours per response
in the first year, with an average of S hours
per response. This estimate includes time for
reviewing instructions, searching existing
data sources, gathering the data needed, and
completing and reviewing the collection of
information. Send comments regarding the
burden estimate of this information,
including suggestions for reducing this
burden to: Chief, Information Policy Branch,
PM-223, U.S. Environmental Protection
Agency, 401 M St., SW., Washington, D.C
20460; and to the Office of Information and
Regulatory Affairs, Office of Management and
Budget, Washington D.C. 20S03.
General Information
Owner/Operator of Facility:
Facility Name: '
Facility Address (street address or route):
City, State, and U.S. Zip Code:
degrees, minutes, seconds
Dun & Bradstreet Number'
Largest Aboveground Oil Storage Tank
Capacity (Gallons):
Number of Aboveground Oil Storage Tanks:
Longitude (Degrees: West):
degrees, minutes, seconds
Standard Industrial Classification (SIC)
Code:1
Maximum Oil Storage Capacity (Gallons): —
Worst Case Oil Discharge Amount (Gallons):
Facility Distance to Navigable Water. Mark
the appropriate line.
0-V. mile V.-Vi mile Vb-l mile
>1 mile
Applicability of Substantial Harm Criteria
Does the facility transfer oil over-water2 to
or from vessels and does the facility have a
total oil storage capacity greater than or equal
to 42,000 gallons?
Yes
No ——
Does the facility have a total oil storage .
capacity greater than or equal to 1 million
gallons and, within any storage area, does the
facility lack secondary containment2 that is
sufficiently large to contain the capacity of
the largest aboveground oil storage tank plus
sufficient freeboard to allow for
precipitation?
Yes •
No :
Does the facility have a total oil storage
capacity greater than or equal to 1 million
gallons and is the facility located at a
Facility Phone No.:
Latitude (Degrees: North):
1 These numbers may. be obtained from public
library resources.
* Explanations bf the above-referenced terms can
be found in Appendix C to this part. If« comparable
• formula to the ones contained in Attachment C-m
is used to establish the appropriate distance to fish
and wildlife and sensitive environments or public
drinking water intakes, documentation of the
reliability and analytical soundness of the formula
must be attached to this form.
distance 2 (as calculated using the
appropriate formula in Appendix C or a
comparable formula) such that a discharge
from the facility could cause injury to fish
and wildlife and sensitive environments? 3 .
Yes : '•
No •
Does the facility have a total oil storage ca-
pacity greater than or equal to 1 million gal-
lons and is the facility located at a distance 2
(as calculated using the appropriate formula
in Appendix C or a comparable formula)
such that a discharge from the facility would
shut down a public drinking water intake?2
Yes-^
NO :
Does the facility have a total oil storage
capacity greater than or equal to 1 million
gallons and has the facility experienced a
reportable oil spill2 in an amount greater
than or equal to 10,000 gallons within the
last 5 years?
Yes —
No =
Certification
I certify under penalty of law that I have
personally examined and am familiar with
the information submitted in this document,
and that based on my inquiry of those
individuals responsible for obtaining
information, I believe that the submitted
information is true, accurate, and complete.
Signature: ••
Name (Please type or print):
Title:
Date:
[FR Doc. 94-15404 Filed 6-30-94; 8:45 am]
BIUJHQ CODE UW-M-P
3 For further description of fish and wildlife and
sensitive environments, see Appendices I, H, and ffl
to DOC/NQAA's "Guidance for Facility and Vessel
Response Plans: Fish and Wildlife and Sensitive
Environments" (see Appendix E to this part, section
10, for availability) and the applicable ACP.
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CORRECTIONS TO THE JULY 1, 1994 FEDERAL REGISTER PUBLICATION OF THE FACILITY
RESPONSE PLAN FINAL RULE FOR ONSHORE, NON-TRANSPORTATION-RELATED FACILITIES
The following are corrections to minor technical errors in the final rule that may prove to be misleading and are in
need of clarification. Please ensure that this errata sheet accompanies all copies of the July 1, 1994 Federal Register
Notice that are distributed.
Federal
Register
Page
34097
34102
34105
34105
34106
34106
34107
34110
34111
34111
34111
34112
34112
34112
34114
34115
34115
34124
34135
34136
Column
3
3
1
1
1
3
1
3
1
2
3
1
3
3
3
1
1
1
2,3
1
Appendix
na
C
C
C
C
C
C
D
D
D
D
D
D
D
D
D
D
F
F
F
Section
§112.2
1.1
Attachment C-ll
Attachment C-ll
Table 1
2.3
2.6
A.2.3
B.2.3
2.2.3
3.1
1.2.8
3.3.2
4.3
7.3
7.3.1
7.4
1.1
2.1, 2.2, 2.3
Attachment F-1
Description of Change
,Add "means" after the term "Contract or other approved
means.1
1.1.2 Italicize "Port Areas."
1.1.3 Italicize "Inland Area."
1.1.4 Italicize "Rivers.and Canals."
•Facility Addresses" should be "Facility Address."
In footnote 1, add a comma after the word "used."
Add leading zeros to all entries; add line before "Major
Streams."
In slope formula, term should be "A - B" (minus sign rather
than a long dash).
Term should be "727 ft - 71 0 ft" (minus sign rather than a
long dash).
Change -A2(b)" to "A.2.2"
Change "B2(b)" to "B.2.2"
Change long dashes after "30 days" and "45 days' to
minus sighs.
Change long dash after "30 days" to a minus sign.
Replace text with 'Other definitions are included in § 112.2
and section 1.1 of Appendix C."
Change 'is available" to 'are available.'
Change 'section 1 .2" to "section 1.1."
Change "Groups 1" to "Group 1.'
Do not italicize 'i.e.'
Delete for a facility' in fourth line of section.
Change "complete" in item 2 to "partial". Change
•complete" in item 3 to 'partial'.
Remove the terms 'Page One", 'Page Two", and "Page 3"
from section headings. -•
Remove "Q" from beginning of line under "Facility Address."
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SECTION K
* FRP COURSE SLIDES
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Facility Response Plans
Authority comes from Section 4202 of OPA.
Requires facilities that have the POTENTIAL
to cause SUBSTANTIAL HARM to the
environment to prepare and implement a
plan for responding to a WORST CASE
discharge.
Notes
Facilities Fall Into 3 Categories
Non-Substantial Harm (Non-Sub)
!•
No Plan Necessary
O..K^»-».--I i_i.,,_ /oi ID\ Significant and Substa
Substanual Harm (SUB) H^ (S,G & SUB)
• • 1 !
Reviewed by EPA Reviewed and
„„ ' approved by EPA
\
ntial
Non Sub Harm Facilities
Facility Response Plans
Non sub harm facilities (i.e. SPCC Regulated
only) MUST fill out Attachment C-ll (p. 34105
of the Final Rule) and maintain with the SPCC
Plan (see hard copy in SECTION L).
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SUB Harm Determination
Facility Response Plans
Substantial Harm facilities are determined
by:
- Self-selection process
- RA determination
Notes
Facility Response Plans
-
• The RA has the authority to designate a facility as
SUB Harm regardless of the results of the self-
- selection process.
• If a facility Is not considered to be SUB Harm, the
certification form in Appendix C-ll of the Final
rule must be completed, signed and maintained
at the facility as an attachment to the facility
SPCCPIan.
NW*
Facility Response Plans
Flowchart of Criteria for Substantial Harm
(Attachment C-l on p. 34104 of Final Rule)
See hard copy in SECTION L
-------
Notes
Facility Response Plan
3 Tiered Approach to SIG and SUB Classification
Screen 1:
- The facility transfers oil over water and has a
total storage capacity of greater than or equal
to 42,000 gallons.
Screen 2:
- The facility meets any 2 of the 4 substantial
harm criteria for facilities with a total oil
storage capacity greater than or equal to
1,000,000 gallons.
Screen 3
Facility Response Plans
An evaluation of the following:
• Lack of secondary containment
• Proximity to navigable waters
• Proximity to ESA's
• Type of transfer operation
• Total oil capacity
• Proximity to drinking water intakes
• Proximity to other EAC
• Spill history
• Tank age
• Other site-specific characteristics
as determined by the RA
Operation Extensions
Facility Response Plans
SIG & SUB Harm facilities may operate up to 2 years
after their plan has, been submitted, provided the
owner or operator has ensured, by contract or
other approved means, the availability of:
• A written contractual agreement with a
response contractor; or
• A written certification by the owner/operator
that the necessary personnel and equipment,
owned by the owner/operator, are available.
• Active membership in a local or regional
oil spill removal organization; or
• Other specific arrangements approved
byRA.
-------
Notes
Important Definitions
Facility Response Plans
Complex
Contract or other approved means
Maximum extent practicable
Permanently manifolded tanks
Worst case discharge
Adverse weather conditions
Example of a Complex Facility
Jr$
OFFICE
MAINT
Pli
(EPA)X
6
•
ij USCG
J u
ER r1
o
PUMP
HOUSE
1
MMS
Other FRP Facts
Facility Response Plans
Facilities with existing response plans, generally
do not need to prepare a separate plan provided
that the existing plan:
• Satisfies the appropriate requirements
and is equally as stringent;
- Includes all elements in the model plan;
- Is cross referenced appropriately; and
- Contains an action plan for use during
a discharge. .
-------
Notes
Facility Response Plans
Appendix F to Part 112
Facility-Specific Response Plan
(p. 34122 of Final Rule)
See hard copy in SECTION L
Elements of a Model Plan
Facility Response Plans
Emergency response action plan
Facility-specific information
Emergency response information
Hazard evaluation >
Discharge scenarios
Worst case discharge scenario
Discharge detection systems
Facility Response Plans
Elements of a Model Plan (cont.)
Plan Implementation
Self-inspection, training, & meeting logs
Facility diagrams
Security systems
-------
Critical Elements of a Plan
Facility Response Plans
Is consistent with the NCR RCP, and ACP.
Lists qualified individual with necessary authority.
Identifies available resources.
Provides for training, testing, drills and response
actions.
Updated when necessary.
Resubmitted for approval when significant changes
are made.
Deadlines
Facility Response Plans
Notes
• 2/18/93 - Facility Response Plans due.
• 8/18/93 - 2 year operating extensions required
for facilities with proper certifications.
• 2/18/95 -Final approval required for all SIG &
SUB facilities.
-------
SECTION L
40 C.F.R. PART 112.20
* CERTIFICATION OF SUB HARM FORM
* SUB HARM FLOW CHART
* APPENDIX "F"
-------
ATTACHMENT C-H - CERTIFICATION OF SUBSTANTIAL HARM DETERMINATION FORM
FACILITY NAME: - .
FACILITY ADDRESS:
1. Does the facility transfer oil over water to or from vessels and does the facility have a total oil storage
capacity greater than or equal to 42,000 gallons?
YES NO
2. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and does the
facility lack secondary containment that is sufficiently large to contain the capacity of the largest
aboveground oil storage tank plus sufficient freeboard to allow for precipitation within any aboveground
storage tank area? .
YES_ NO
3. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the
facility located at a distance (as calculated using the appropriate formula in Attachment C-III to this
appendix or a comparable formula') such that a discharge from the facility could cause injury to fish
and wildlife and sensitive environments? For further description of fish and wildlife and sensitive
environments, see Appendices I, II, and III to DOC/NOAA's "Guidance for Facility and Vessel
Response Plans: Fish and Wildlife and Sensitive Environments" (see Appendix E to this part, section
10, or availability) and the applicable Area Contingency Plan.
YES NO
4. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the
facility located at a distance (as calculated using the appropriate formula in Attachment C-III to this
appendix or a comparable formula1) such that a discharge from the facility would shut down a public
drinking water intake2.
YES NO
5. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and has the
facility experienced a importable oil spill in an amount greater than or equal to 10,000 gallons within
the last 5 years?
YES NO
CERTIFICATION
I certify under penalty of law that I have personally examined and am familiar with the information submitted in
this document, and that based on my inquiry of those individuals responsible for obtaining this information, I
believe that the submitted information is true, accurate, and complete.
Signature Title
Name (please type or print) Date
1 If a comparable formula is used documentation of the reliability and analytical soundness of the comparable
formula must be attached to this form.
2 For the purposes of 40 CFR part 112, public drinking water intakes are analogous to public water systems as
described at 40 CFR 143.2(c).
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Attachment C-l
Flowchart of Criteria for Substantial Harm
Does the facility transfer oil
over water to or from vessels
and does the facility have a
total oil storage capacity
greater than or equal to
42,000 gallons?
Yes
No
Does the facility have a total
oil storage capacity greater
than or equal to 1 million
gallons?
Yes
No
Submit Response Plan
Within any aboveground storage tank area, does
the facility lack secondary containment that is
sufficiently large to contain the capacity of the
largest aboveground oil storage tank plus
sufficient freeboard to.allow for precipitation?
Yes
No
Is the facility located at a distance such that a
discharge from the facility could cause injury to
fish and wildlife and sensitive environments 2 ?
Yes
No
Is the facility located at a distance such that .a
discharge from the facility would shut down a
public drinking water Intake ?
Yes
No
Has the facility experienced a reportable oil spill in
an amount greater than or equal to 10,000
gallons within the last 5 years?
No Submittal of
Response Plan
Except at RA Discretion
No
Yes
1 Calculated using the appropriate formula in
Attachment C-lll to this appendix or a
comparable formula.
2 For further description of fish and wildlife
and sensitive environments, see Appendices
I, II, and III to DOC/NOAA's 'Guidance for
Facility and Vessel Response Plans: Fish
and Wildlife and Sensitive Environments: (59
FR 14713, March 29, 1994) and the
applicable Area Contingency Plan.
3 Public drinking water intakes are analogous
to public water systems as described at 40
CFR 143.2(c).
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APPENDIX F
Appendix F to Part 112 - Facility-Specific Response Plan
Table of Contents
1.0 Model Facility-Specific Response Plan
1.1 Emergency Response Action Plan
1.2 Facility Information
1.3 Emergency Response Information
1.3.1 Notification
1.3.2 Response Equipment List
1.3.3 Response Equipment Testing/Deployment
1.3.4 Personnel
1.3.5 Evacuation Plans
1.3.6 Qualified Individual's Duties
1.4 Hazard Evaluation
1.4.1 Hazard Identification
1.4.2 Vulnerability Analysis
1.4.3 Analysis of the Potential for ah Oil Spill
1.4.4 Facility Reportable Oil Spill History
1.5 Discharge Scenarios
1.5.1 Small and Medium Discharges
1.5.2 Worst Case Discharge
1.6 Discharge Detection Systems
1.6.1 Discharge Detection By Personnel
1.6.2 Automated Discharge Detection
1.7 Plan Implementation
.1.7.1 Response Resources for Small, Medium, and Worst Case Spills
1.7.2 Disposal Plans
1.7.3 Containment and Drainage Planning
1.8 Self-Inspection, Drills/Exercises, and Response Training
1.8.1 Facility Self-Inspection
1.8.1.1 Tank Inspection
1.8.1.2 Response Equipment Inspection
1.8.1.3 Secondary Containment Inspection
1.8.2 Facility Drills/Exercises
1.8.2.1 Qualified Individual Notification Drill Logs
1.8.2.2 Spill Management Team Tabletop Exercise Logs
1.8.3 Response Training
' 1.8.3.1 Personnel Response Training Logs
1.8.3.2 Discharge Prevention Meeting Logs
1.9 Diagrams
1.10 Security
2.0 Response Plan Cover Sheet
3.0 Acronyms
4.0 References
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SECTION M
* SPCC/FRP EVALUATION SHEET for COURSE
PRESENTATION
* SPCC/FRP SEMINAR REQUEST SHEET
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SPCC/FRP WORKSHOP
EVALUATION
Your reactions to this seminar are very important in planning and improving future
programs. Please feel free to offer any additional comments that you think will be helpful in
enhancing the program.
CONTENT:
1. Which topics in this program were most valuable to you? Please explain.
2. Which topics were least valuable to you? Please explain.
3. To what extent did the program live up to your expectations?
very much to some extent not at all
4. Indicate the degree to which you feel the topics covered in.this program helped meet
your needs for information on SPCC Program.
very much to some extent ; not at all
Would you recommend this program to others?
_very much to some extent not at all
5. Indicate the degree to which you feel the topics covered in this program helped meet
your needs for information on FRP Program.
very much to some extent not at all
Would you recommend this program to others?
very much to some extent not at all
-------
PRESENTATION:
1. Indicate the degree to which you feel the seminar was organized (circle the
appropriate number).
Very well 5 4 3 2 1 Not at all
Comments:
2. Did the seminar provide ideas you can apply to your company to help attain SPCC
compliance?
_usually sometimes never
and pollution prevention?
usually sometimes never
Comments:
3. Did the seminar provide ideas you can apply to your company to help attain FRP
compliance?
usually sometimes never
and pollution prevention?
usually sometimes never
Comments:
ADDITIONAL COMMENTS:
-------
U.S. EPA Region III
SPCC/FRP Outreach Seminars
Would you like EPA to hold a Spill Prevention, Control
and Countermeasures/Facility Response Plan Outreach
Seminar in you area?
EPA Region III is conducting SPCC/FRP Outreach Seminars throughout the
Region to better inform industry of its regulatory responsibilities and explain the
new oil regulations. If you have a specific area that you would like EPA to hold
an SPCC/FRP Outreach Seminar, let us know by completing this form and
faxing it to:
Regina A. Starkey, Region III
Oil Enforcement Coordinator
Fax#: (215)597-8138
Phone#: (215) 597-1395
————"•——————"•——^™—••»————'•——•«"•""—•••——————._«______.»... ....j
Name:
Affiliation:
Address:
Telephone:
Fax:
Desired Location:
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