SPILL PREVENTION, CONTROL
&COUNTERMEASURES
Information Guide
MARCH 1997
T<>,
'A' •
United State Environmental Protection Agency
Region III, Removal Branch
3 Removal Enforcement and Oil Section (3HW32)
*
841 Chestnut Building
Philadelphia, PA 19107
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MANUAL ORGANIZATION
SECTION 1:
SPILL PREVENTION, CONTROL AND COUNTERMEASURE
(SPCC)
Information Guide
SECTION 2:
SPCC/FRP OUTREACH CONTACT NUMBERS
MOST COMMONLY USED CWA-OPA-SPCC ACRONYMS
SPCC IMPORTANT DEFINITIONS
SECTION 3:
SECTION 4:
SPCC COURSE SLIDES
WHAT TO EXPECT DURING AN SPCC INSPECTION
ACKNOWLEDGEMENT AND RECORD OF SPCC/FRP
INSPECTION/PLAN REVIEW
SECTION 5:
FACT SHEET: OP A Q's & A's
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SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC))
INFORMATION GUIDE
SECTION 1
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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)
Appeiidix 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)
Appendix H, Notice of Proposed Rule Making SPCC Revision for
40 C.F.R. Part 112 dated October 22, 1991 (14 Pages)
Appendix I, Interim Final Rule for 40 C.F.R. Part 112
dated November 4, 1992 (4 Pages)
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FOREWORD
This document has been prepared by Region HI of the U.S. Environmental Protection
Agency as ah 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:
Regina A. Starkey, SPCC Coordinator
U.S. Environmental Protection Agency
Region III, Removal Branch
Removal Enforcement and Oil Section (3HW32)
841 Chestnut Building
Philadelphia, PA 19107
(215)566 3292
Should the SPCC Coordinator be unavailable to answer questions, please leave a message on
the voice mail system.
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KEY POINTS OF PREVENTION REGULATION
The Environmental Protection Agency (EPA) Oil Pollution Prevention Regulation,
Title 40, Code of Federal Regulations, Part 112 (40 CFR 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
(SPCC) Plan.
The main thrust of the SPCC regulation is "prevention" of a discharge as opposed to
"after-the-fact" (or "reactive") clean-up measures commonly described in spill contingency
plans. The regulation applies to any facility engaged in drilling, producing, gathering,
storing, processing, refining, transferring or consuming oil and oil products, providing that
all three of the following conditions are met:
• The facility is non-transportation-related (see definition of "non-transportation" in
Appendix E).
• The aboveground storage capacity of single container is in excess of 660 gallons,
or the aggregate aboveground storage capacity is greater than 1,320 gallons, or the
total underground storage capacity is greater than 42,000 gallons.
• Due to its location, oil spilled at the facility could reasonably be expected to reach
waters of the United States.
Facilities that are subject to 40 CFR 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
Another important element of the SPCC Plan is spill control. EPA Region in 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 nroviding
positive containment.
SPILL COUNTERMEASIJRES
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 thai 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?
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:
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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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i. 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;
Onshore or offshore mobile well drilling platforms, barges, trucks or other
mobile facilities when in the fixed position for drilling operations;
Onshore or offshore oil production facilities, fixed or mobile, including all
equipment and appurtenances such as wells, wellhead separators, and storage
facilities;
Oil refining facilities, including all equipment and appurtenances such as
processing units, storage units, piping, drainage systems, and waste treatment
units;
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;
Industrial facilities which store oil;
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
(2)
(3)
(4)
(5)
(6)
(7)
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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 ot 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 sprr regulation.
What aeienmnes 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 penaltv orovisions 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 U.S. 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-gaUon 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 in 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 pf 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
occuirences 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 nondestructive 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.
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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:
Regina A- Starkey, SPCC Coordinator - 3HW32
U.S. Environmental Protection Agency, Region III
841 Chestnut Building
Philadelphia, PA 19107
(215)566 3292
Should the SPCC Coordinator be unavailable to answer questions, please leave a
message oh the voice mail system.
17
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APPENDIX A
EXAMPLE SPCC PLAN
-------
THIS PAGE INTENTIONALLY LEFT BLANK
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SAMPLE
SPILL PREVENTION, CONTROL, AND COUNTERMEASURE PLAN
TEX'S BULK STORAGE TERMINAL
\
-- >
100 Everspill RoadC
Post Office Box 311 (K)\x
Oily City, VA>2345
/ /"""X, \
SJ Oil <^afhpanyl )
P.O. Bo> "
CrusfeXity, V>
¦ .jT
acility Manager
CERTIFICATION: I her^'y Mftify.Jh^ I have examined the facility and, being familiar with
the provisiopsurf 40 CFK^rt 11'X attest that this SPCC Plan has been prepared in
accordancCwittvtjood engineering practices.
i ¦- _ \ \
Engineer: \
Signature: C-ric^tfhrnond
Registration Number. 98765
State: Commonwealth of Virginia
Date: June 11,1974
f
•o
EricSiffiffi0"8
%
*2*.
«¦
v
-------
INTRODUCTION
Spill Prevention, Control, and Countermeasure (SPCC) plans for facilities are prepared and
implemented as required by U.S. Environmental Protection Agency (U.S. EPA) regulations contained
in Title 40, Code of Federal Regulations, Part 112 (40 CFR 112). A non-transportation related facility
is subject to SPCC regulations if: the capacity of any aboveground storage tank exceeds 660
gallons; or the total aboveground storage capacity exceeds 1,320 gallons; or the underground
storage capacity exceeds 42,000 gallons; and if, due to its location, the facility could reasonably be
expected to discharge oil into or upon the navigable waters of the United States.
The SPCC plan is not required to be filed with U.S. EPA, but a copy must be available for on-site
review by the regional administrator during normal working hours. Th^tSPCC plan must be
submitted to the U.S. EPA Region III regional administrator and the state agerrjp^ along with the other
information specified in §112.4 if either of the following occurs: / /
1 The facility discharges more than 1,000 U.S. gallons of oil into or up'tait^navigaBje waters
of the United States or adjoining shorelines in a single event; \,\ /*' /
2 The facility discharges oil in harmful quantities in two^spill events withih^h^lWelve month
period. \\
Spill information must be reported to U.S. EPA RegiorvJII and tHfe,Hate^ency within 60 days if
either of the above thresholds are reached. The^eporfts. to containHlWfpflowing information:
/ / 1\ \/
\ V j i
1 Name of the facility; >0< y -
2 Name(s) of the owner or operatonaf the facto
3 Location of the facility; \
4 Date and year of initial facility operfcttar
5 Maximum storage or handJif^ capaaV'iafttie facility'and normal daily throughput;
6 Description of the facility, mi^^dw diagrams, and topographical map;
7 A complete copy of the S;
8 The cause(s) of such spill(s), ihqtidih^feilure analysis of system or subsystem in which
failure occurred^\ \\
9 The corrective ac^d^dnd/or countefniveasures taken, including an adequate description of
equipment repairsS^d/bi^feplacements;
10 Additional preventiy^/f^&kj^ taken or contemplated to minimize the possibility of
recurrent; \\
11 Sucff ©tfieMhfonmation a^.the regional administrator may reasonably require that is pertinent
to th4 plan pp-spill evenv
The SPCC planr^fiall be ia^nended within six months whenever there is a change in facility design,
construction, ope^atioiv^naintenance that materially affects the facility's spill potential. The plan
must be reviewedNaWeaSt once every three years and amended to include more effective prevention
and control technology, if such technology will significantly reduce the likelihood of a spill event and
has been proven in the field. All changes must be certified by a registered professional engineer.
Owners and operators failing or refusing to comply with the SPCC regulations shall be subject to
a Class I civil penalty in an amount up to $25,000 for a violation or a Class II civil penalty in an
amount up to $125,000 for a violation. This language tracks the language in Section 311 (b)(6)(B) of
the Clean Water Act, 33 U.S.C. §1321 (b)(6)(B).
If the owners and operators of a facility required to prepare an SPCC plan are not required to submit
a facility response plan, the SPCC plan should include a signed certification form, Attachment A,
contained in Appendix C to Part 112.
2
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FACILITY INFORMATION
Facility Name: Tex's Bulk Storage Terminal
Mailing Address:
Street Address:
Owner:
Contact Name:
Other Personnel:
Location:
Fixed Storage
(/
P.O. Box 311 (K)
Oily City, VA 12345
100 Everspill Road
Oily City, VA 12345
Telephone: (123) 222-2222
SJ Oil Company
P.O. Box 00002
Crude City, VA 77000
Telephone: (123)222-3333
Steve Doe, Facility Manager
505 Oil Road
Oily City, VA 12345
Telephone: (123) 222-4444
.//
o
w
w
y"'
Facility Description:
Secretary-Bookkeeper ^Tf^S^rfcpriver
Dispatcher < Delivery Personnel (3X
The facility is locate&jn North-Wes^County, Virginia approximately 250 yards
west of Carol Cre^/^Qie facilii^i&Jbordered to the north by Everspill Road
and to the west by tft^egjna Exprfe^Way. Approximate facility coordinates
are latitude^W^-OO'-OQKnprlti and longitude 77°-00'-00" west.
\\ \\
Tex's Bulk Stof^^'"T^MinaK
(2) tpQ
-------
TEX'S BULK STORAGE TERMINAL
-/OYSJ OIL COMPANY
/> \\ Jljbo EVERSPILL ROAD
'' "OIL CITY, VA 12345
-------
SPCC PLAN REVIEW - 40 CFR 112.5(b)
The owner or operators must complete a review and evaluation of the SPCC plan at least once every
three years. Evidence of these reviews shall be recorded in the plan.
Signature
Steve
'oe
Steve ^Z)og
Steve J2)pg
Steve -2)oe
Steve 2)oe
Steve ^t)oe
Steve ^Z)og
Date
6/10/7 7
6/03/80
6/0l/83
5/21/86
5/l5/89
\s.
5ll3l92
\
\
5/ll/$^\
\V
\
MANAGEMENT APPROVAL - 40 CFR 1\\
This SPCC Plan has the full approval of management with the authority to commit resources.
Xsv/y
Steve ^J~)oe
\
\ 3?.. •'
-V
Steve Doe - Facility Ni^ag^v^
\\/^"
PAST SPILL EJ(PERIENCev% CFRvli2.7(a)
,y" v 1
/ \ \
Writteif Description of SpillX \
On 5/17teV^elS/\^er
separator majlunctjgrysd,
allowing 3 to%>Safipris of
oil to enter Carol Creek.
6/l l/74
Date
. Corrective Actions Taken Plan for Preventing Recurrence
A boom was placed on
Carol Creek immediately
after the malfunction
was discovered.
On 11/7/91, tank 3 was
overfilled during refilling
after the visual level gauge
failed. Approximately 300
gallons were spilled.
No. 2 fuel spilled within
secondary containment
and was cleaned-up using
absorbent. Contaminated
soil was removed.
The oil/water separator was
repaired. Inspection and
maintenance of the separator
was improved to minimize the
chances of future recurrence.
High level alarms were installed
on all aboveground tanks in
addition to the 100,000-gallon
tanks. The level indicators and
alarms are regularly tested to ensure
proper operation.
5
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POTENTIAL EQUIPMENT FAILURES - 40 CFR 112.7(b)
Potential Event Spill Direction Volume Released
Complete failure East to Carol Creek 100,000 gallons
of a full tank
Spill Rate
Instantaneous
East or north to
Carol Creek or the
oil/water separator
North to the oil/
water separator
Partial failure
of a full tank
Tank overfill
Pipe failure
Leaking pipe or
valve packing
Tank truck leak or
failure
Hose leak during
truck loading
Pump rupture or
failure
Oil/water separator East to Ca
malfunction
1 to 99,000 gallons
Gradual to
instantaneous
1 to many gallons 1 gallon
/per minute
/>
North or east to the Up to 20,000 gallons \^4. Mfloris per
oil/water separator
or Carol Creek
North or east to the Several ouhces
oil/water separator to several
Northeast to the oil/
water separator
Northeiast to thp^pil/ 1 ti al gallons
water separate
North ojpe^st to tl
oil/watdt sodacato
io several gallons
to several gallons
\eccrnd
V\ y
\ /
Up to rfjallon
minute
gradual to
instantaneous
Up to 1 gallon
per minute
Up to 1 gallon
per minute
Up to 1 gallon
per minute
CONTAINMENT AND STRUCTURES - 40 CFR 112.7(c)(1)
i DikeS/are^provided afiptfnd tanks 1,2, 3, 4 and 5, which store oil products.
//y \\
ii Th$Ipading^Hi^unloading'area for tank trucks is curbed to provide secondary containment.
iii SurfacS~3rainagib at the facility is engineered so that oil spilled outside of diked or curbed
areas at UteJaemy will drain into the oil water separator.
iv Weirs, booms, or other barriers are available from the local clean-up contractor.
vii Sorbent materials are provided in emergency spill equipment lockers located strategically
through out the facility.
DEMONSTRATION OF PRACTICABILITY - 40 CFR 112.7(d)
Facility management has determined that use of the containment and diversionary structures or
readily available equipment to prevent discharged oil from reaching navigable waters is practical and
effective at this facility.
6
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FACILITY DRAINAGE - 40 CFR 112.7(e)(1)
i Drainage from diked storage areas is restrained by valves to prevent a spill or other
excessive leakage of oil into the facility's drainage system.
ii Gate valves are used to drain diked areas.
iii In the event of a spill from a tank, the oil should be contained within a dike. If a spill occurs
during transfer or in a manner that cannot be contained in a dike, the material is in a
drainage area, as indicated in Figure 1. Facility drainage from undiked areas with the
potential of receiving spilled oil terminates at the oil water separator.
-
v Facility drainage systems are adequately engineered to prevent oitfrpm reaching navigable
water in the event of equipment failure or human error. / /
, \>
BULK STORAGE TANKS - 40 CFR 112.7(e)(2)
i Each aboveground tank is of UL-142 construction and ^compatible with tf^dijsihey contain
and conditions of storage.
? , . y\
ii All aboveground tanks have concrete dikes fopsecoqdaiy coNakim^rit^ith a volume greater
than 110 percent of the largest single tanteO^X^ \^/
iii Drainage of rainwater from diked areas, By^a^siFiaireatment, is accomplished if:
A The bypass valve is normally s^t^d closeX!\
VV\
B Run-off rainwater is ursfiected N^\nsure compliance with applicable water quality
standards and will not\srasfe^a ha^fuKptscharge.
C The bypass valve is opened^! tfesfealed under supervision.
D Records are k^.p>diciinage evfems on the form shown in Attachment C.
iv The underground st6ra^^'nHs3i»ated and cathodically protected, to prevent an undetected
spill. ^heJjuried tank,is also subject to regular pressure testing.
\\
v Theif are po-partially bdped tanks at the facility and should be avoided in the future.
vi Above§Tound tanfcslare periodically tested using a system of non-destructive shell thickness
testing. (^Qmparisfbn records are maintained. Visual inspections are performed according
to the pr&oedtfre located in Section XIII. and include inspection of tank supports and
foundations.
vii There are no internal heating coils at this facility.
viii Each tank is equipped with a direct-reading level gauge. The 100,000-gallon tanks are
equipped with high-level alarms. Venting capacity is suitable for the fill and withdrawal rates.
ix Plant effluent discharged into Carol Creek is observed frequently to detect possible upsets
in the oil water separator.
7
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x Oil leaks which result in a loss of oil from tank seams, gaskets, rivets, and bolts are promptly
corrected.
xi The portable oil tank and other mobile oil storage, such as 55-gallon drums, will be located
to prevent spilled oil from reaching navigable water, provided with secondary containment,
and located where they will not be subject to periodic flooding.
TRANSFER OPERATIONS, PUMPING, AND IN-PLANT PROCESSES - 40 CFR 112.7(e)(3)
)
i Buried piping is coated and cathodically protected as warranted to protect against corrosion.
If a section of buried line is exposed, it is carefully examined for deterioration. If corrosion
damage is found, additional examination and corrective action will bje^ken as indicated by
the magnitude of the damage. //
ii Pipelines not in service or on standby for an extended period blank flanged
and marked as to their origin.
£
\ X / y
iii All pipe supports are properly designed to minimize suasion and corrosioiii'iitd to allow for
expansion and contraction. '\ \ x/
• ~ \ \ /\
iv All aboveground pipelines and valves are ,exarqined monfhly to/assess their condition.
Pressure testing for piping is conducted as'Wff&ntfd.
< < )}
v Warning signs are posted as needed to\pr^yeriy?ehicles from damaging aboveground
pipelines. \v /
TANK CAR AND TANK TRUCK LOADINgAlOADIN^ACK - 40 CFR 112.7(e)(4)
Os\
vOn)
ii Curbing is instatfkcl.at the vehicte/kwding/unloading rack and holds the single largest
compartment ofk^fltekused at tfia)facility.
W v""\
\
III
Warning signs an^smost drain ed all outlets on tank trucks are inspected prior to filling and
departt^^^^A
INSPECTIONS ANCLReVoRDS - 40 CFR 112.7(e)(8)
Daily visual inspections consist of a complete walk through of the facility property to check for tank
damage or leakage, stained or discolored soils, excessive accumulation of water in diked areas,
plant effluent discharged from the oil water separator, and to ensure the dike drain valves are
securely closed.
The checklist provided in Attachment 8 is used during monthly inspections. These inspections are
performed in accordance with written procedures such as API standards and engineering
specifications. Written inspection procedures and monthly inspections are signed by the inspector
and are maintained in the office for three years.
8
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SECURITY - 40 CFR 112.7(e)(9)
i The facility is surrounded by steel security fencing and the entrance gates are locked when
the facility is unattended.
ii The master flow and drain valves are locked in the closed position when in non-operating or
non-standby status.
iii The electrical starter controls for the oil pumps are located in the office, which is locked when
the pumps are not in use.
iv The loading and unloading connections of oil pipelines are capped^)>en not in service or
when in standby service for and extended time.
v
Two area lights are located in such a position so as to illuminat^th^office and storage
areas. Consideration was given to discovering spills at night and preventing spij^">ccurring
through vandalism. \\ //
V /
HSEBJ *
PERSONNEL, TRAINING), AND SPILL PREVENTION PROG|BURES - 40 CFR f12.7(e)(10)
' \\ A
i Facility personnel have been instructed by management iiH^Xoj^efftfbn and maintenance
of oil pollution prevention equipment and p6lldfidnhontrol laWarfi^regulations.
' / M - ¦ V
. X / ? .
ii The facility manager, Steve Doe, is accountable fpr'oil spill prevention at Tex's Bulk Storage
Terminal.
\ x \ ^ x
iii Yearly spill prevention briefings ar^w6^ided by wjapagement for operating personnel to
ensure adequate understating ofth&)3^C plan. These briefings highlight any past spill
events or failures and recer>tly^v^|ope^ precautionary measures. Training has been held
on oil spill prevention, confeHm^q^^d retrieval methods. A simulation of an on-site
vehicular spill has been conduct^^dlu^p exercises shall be periodically held to prepare
for possible spill ^Spqnse. Records^fthese briefings and spill prevention training are kept
on the form showlo-Attachment D. Instructions and phone numbers regarding the reporting
of a spill to the NaffpnabR^sppnse Center and the state are listed below and have been
publicized and post^&jrph^fij^.
EMERGEN^T^EPHONE%NttMBERS
U - s. "
A. NotHifiaHop^faiSfdures
1. Facili^/lafrager, Steve Doe (123)222-3333
2. National Response Center (800)424-8802
3. State Emergency Response Commission (123)555-2221
B. Clean-up Contractors
/
1. E-Z Clean Environmental (123)222-3038
2 O.K. Engineers, Inc. (123) 222-2207
9
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(123) 222-8372
(123) 222-9217
Supplies and Equipment
1. Oil City Equipment Co.
2. Northwestern Sorbent Co.
10
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CERTIFICATION OF SUBSTANTIAL HARM DETERMINATION FORM
Facility Name: Tex's Bulk Storage Terminal ; -
Facility Address: 100 Everspill Road
Oil City. VA 12345
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 ttje^sapacity of the largest
aboveground oil storage tank plus sufficient freeboard to allow for precipitator y/ithin any aboveground
storage tank area? / /
YES NO
3. Does the facility have a total oil storage capacity greater than or equal to 1 rnmipksa'ljpns and is the
facility located at a distance (as calculated using the appropriate formula in AttSteJryrient C-lll to this
appendix or a comparable formula1) such that a discharge f^fo^the facility could cause injury to fish
and wildlife and sensitive environments? For further descrpjcSnof fish anri wildlife and sensitive
environments, see Appendices I, II, and III to DOC^J0iW6.,"Guidan^fo( F9dlity and Vessel Response
Plans: Fish and Wildlife and Sensitive Envir^rpe'nS\(&ee Appendijxv€io this part, section 10, for
availability) and the applicable Area Contingency Plan. J 1
YES ,
4. Does the facility have a total oil storaga^jsapity greateutvan or equal to 1 million gallons and is the
facility located at a distance (as. calculaW,1u|rqg the appropriate formula in Attachment C-lll to this
appendix or a comparable fotou^'%§uchtKafa,^charge from the facility would shut down a public
drinking water intake2? \ \\\ \\ \j>
YES ___VV_ NO
5. Does the facility hav^^toferi^ storage capacity greater than or equal to 1 million gallons and has the
facility experienced aV^prfabte^oiKpilI in an amount greater than or equal to 10,000 gallons within
the last^years? Y'/V/
( NO X
CERTIFICATION^'
I certify under pen^lN of lafw/that I have personally examined and am familiar with the information submitted
in this document, afa$tfiajj3ased on my inquiry of those individuals responsible for obtaining this information,
! believe that the submitted information is true, accurate, and complete.
^Steue jboe Facility Manager
Signature Title
Steve Doe 1994
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).
Attachment A, Page 11
-------
FACILITY INSPECTION CHECKLIST
Instructions: This inspection record will be completed every month. Place an X in the appropriate box for each
item. If any response requires elaboration, do so in the Descriptions and Comments space provided. Further
descriptions or comments should be attached on a separate sheet of paper if necessary.
Tank surfaces show signs of leakage
Tanks are damaged, rusted, or deteriorated
Bolts, rivets, or seams are damaged
Tank supports are deteriorated or buckled
Tank foundations have eroded or settled
Level gauges or alarms are inoperative
Vents are obstructed
Valve seals or gaskets are leaking
Yes No
~ ~
~ ~
~ ~
~ ~
~ ~
Descriptions and Comments
./\
~
Secondary containment is damaged or stained
/V^ w
; / \ \
Dike draingcje vajyesr&re. open V
~ '~
Oil/water separat^is functioning properly
Oil/water separator effluent has a sheen
Fencing, gates or lighting is non-functional
Remarks:
~
~
~
~
~
~
~
~
~
~
~
~
~
Signature
Attachment B, Page 12
-------
RECORD OF DIKE DRAINAGE
Instructions: This record will be completed when rainwater from diked areas is drained into a storm drain or
into an open water course, lake, or pond, and bypasses the in-plaht treatment. The bypass valve normally
should be sealed closed and only opened and resealed following drainage under responsible supervision.
Diked Area Date Presence of Oil Time Started Time Finished Signature
Attachment C, Page 13
-------
RECORD OF SPILL PREVENTION BRIEFINGS
-/
Instruction: Briefings will be scheduled and conducted by the owner or operators for operating personnel at
intervals frequent enough to assure adequate understanding of the SPCC plan for this facility. These briefings
should also highlight and describe known spill events or failures, malfunctioning components, and recently
developed precautionary measures. Personnel will also be instructed in operation and maintenance of
equipment to prevent the discharges of oil and applicable pollution control laws, rules, and regulations. During
these briefings there will be an opportunity for facility operators and other personnel to share recommendations
concerning health, safety, and environmental issues encountered during operation of the facility.
Date:
Attendees:
A' 1 ¦ \X
\v x
\\
\ \
/ "\ \ \/' /
/ \ \ \/
\ \
\
/
7X \<.
\ \
• *
XXs
\ \\
\
\ •••
\\ V \
\ S /
' <* y* ){ "n.
\ V
S /
*¦' \ \
/ /^s/ \ \
. .. \ \
i r \>
Subjects atadlssMisi^X
\ \
jj
Recommendations
and Suggestions:
Attachment D, Page 14
-------
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) =••' xi^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
PAST 109—CRITERIA FOR STATE,
LOCAL ANO 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 and implementation
criteria for State, local and regional oil
removal contingency plana.
109.9 Coordination.
Authokxxy: Sec. lHJMlXB). 84 Stat. 96.33
U.S.C. HSKJKIXB).
Soobce 36 FR 22485. Nov. 28.1971, unless
otherwise noted.
9109.1 Applicability.
The criteria in this part are provided
to assist State, local and regional agen-
cies in the development of oil removal
contingency plans for 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 lKJXIXB) of the
Federal Act, Executive Order No.
11548 dated July 20, 1970 (35 FR
11677) and 5 306.2 of the National Oil
and Hazardous Materials Pollution
Contingency Plan (35 FR 8511).
9109.2 Definition*.
As used in these guidelines, the fol-
lowing terms shall have the meaning
indicated below:
(a) Oil means oil of any kind or in
any form, including, but not limited
to. petroleum, fuel oil. sludge, oil
refuse, and oil mixed with wastes
other than dredged spoil.
(b) Discharge includes, but is not
limited to. any spilling, leaking, pump-
ing, pouring, emitting, emptying, or
dumping.
(c) Remove or removal refers to the
removal of the oil from the water and
shorelines or the taking of such other
actions as may be necessary to 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 disaster assistance
by the Federal Government to supple-
ment the efforts and available re-
sources of States and local govern-
ments and relief organizations in alle-
viating the damage, loss, hardship, or
suffering caused thereby.
(e) United States means the States,
the District of Colombia, the Com-
monwealth of Puerto Rico, the Canal
Zone, Guam. American Samoa, the
Virgin Islands, and the Trust Terri-
tory of the Pacific Islands.
(f) Federal Act means the Federal
Water Pollution Control Act, as
amended, 33 U.S.C. 1151. et seq.
91(M Purpose and scope.
The guidelines in this part establish
minimum criteria for the development
and implementation of State, local,
and regional contingency plana by
State and local governments in consul-
tation with private interests to insure
timely, efficient, coordinated and ef-
fective action to minimize damage re-
sulting from oil discharges. Such plans
will be directed toward the protection
of the public health or welfare of the
United-States, including, but not limit-
ed to, fish, shellfish, wildlife, and
public and private property, shore-
lines, and beaches. The development
and implementation of such plans
shall be consistent with the National
Oil and Hazardous Materials Pollution
Contingency Plan. State; local and re-
gional oil removal contingency plans
shall-provide for the coordination of
the total response to an oil discharge
so that contingency organizations es-
tablished thereunder can function in-,
dependently, in conjunction with each
other, or in conjunction with the Na-
tional and Regional Response Teams
established by the National Oil and
Hazardous Materials Pollution Contin-
gency Plan.
9109.4 Relationship to Federal response
arttona
The National Oil and Hazardous Ma-
terials Pollution Contingency Plan
provides that the Federal on-scene
commander shall investigate all re-
ported spills. If such investigation
shows that appropriate action is being
taken by either the discharger or non-
Federal entities, the Federal on-scene
commander shall monitor and provide
advice or assistance, as required. If ap-
propriate containment or cleanup
action is not being taken by the dls-
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§109.5
charger or non-Federal entities, the
Federal on-scene commander will take
control of the response activity in ac-
cordance with section 11(c)(1) of the
Federal Act.
8109.5 Development and implementation
criteria for State, local and regional oil
removal. contingency plana.
Criteria for the development and im-
plementation of State, local and re-
gional oil removal contingency plans
are:
(a) Definition of the authorities, re-
sponsibilities and duties of all persons,
organizations or agencies which are to
be Involved or could be involved in
planning or directing oil removal oper-
ations, with particular care to clearly
define the authorities, responsibilities
and duties of State and local govern-
mental agencies to avoid unnecessary
duplication of contingency planning
activities and to minimise the poten-
tial for conflict and confusion that
could be generated in an emergency
situation as a result of such duplica-
tions.
(b) Establishment of notification
procedures for the purpose of early de-
tection and timely notification of an
oil discharge including:
(1) The identification of critical
water use areas to facilitate the re-
porting of and response to oil dis-
charges.
(2) A current list of names, tele-
phone numbers and addresses of the
responsible persons and alternates on
call to receive notification of an oil dis-
charge as well as the names, telephone
numbers and addresses of the organi-
zations and agencies to be notified
when an oil discharge is discovered.
(3) Provisions for access to a reliable
communications system for timely no-
tification of an oil discharge and incor-
poration in the communications
system of the capability for intercon-
nection with the communications sys-
tems established under related oil re-
moval contingency plans, particularly
State and National plans.
(4) An established, prearranged pro-
cedure for requesting assistance
during a major disaster or when the
situation exceeds the response capabil-
ity of the State, local or regional au-
thority.
(c) Provisions to assure that full re-
source capability is known and can be
committed during an oil discharge sit-
uation including:
(1) The Identification and Inventory
of applicable equipment, materials and
supplies which are available locally
and regionally.
40 CFR Ch. 1 (7-1-91 Edition)
(2) An estimate of the equipment,
materials and supplies which would be
required to remove the oil
discharge-to be-antidpated.
(3) Development of agreements
, arrangements in advance of an oil dis-
charge for the acquisition of equip-
ment, materials and supplies to be
used In responding to such a dis-
charge.
(d) Provisions for well defined
specific actions to be taken after dis-
covery and notification of an oil dis-
charge including:
(1) Specification of an oil discharge
response operating team consisting of
trained, prepared and available operat-
ing personnel.
(2) Predesignatlon of a properly
qualified oil discharge response coordi-
nator who is charged with the respon-
sibility and delegated commensurate
authority for directing and coordinat-
ing response operations and who
knows how to request assistance from
Federal authorities operating under
existing national and regional contin-
gency plans,
(3) A preplanned location for an oil
discharge response operations center
and a reliable communications system
for directing the coordinated overall
response operations.
(4) Provisions for varying degrees of
response effort depending on the se-
verity of the oil discharge.
(5) Specification of the order of pri-
ority in which the various water uses
are to be protected where more than
one water use may be adversely affect-
ed as a result of an oil discharge and
where response operations may not be
adequate to protect all uses.
(e) Specific and well defined proce-
dures to facilitate recovery of damages
and enforcement measures as provided
for by State and. local statutes and or-
dinances.
8109.6 '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 Pollution Contin-
gency Plan.
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APPENDIX D
40 CFR PART 110
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Environmental Protection Agency
§ 110.1
PART 110—DISCHARGE OF OIL
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 Disperaants.
110.9 Demonstration projects.
110.10 Notice.
110.11 Discharge at deepwater ports.
Authority: Sees. 311 (b)(3) and (b)(4) and
501(a). Federal Water Pollution Control
Act, as amended <33 U-S.C. 1321 (b)(3) and
(b)(4) and 1361(a)); sec. I8(m)(3) of the
Deepwater Port Act of 1974 (33 U.S.C.
151?(m)(3)): E.0.11735. 38 FR 21243. 3 CFR
Parts 1971-1975 Comp.. p. 793.
Sotracc 52 FR 10719. Apr. 2. 1987. unless
otherwise noted.
S 110.1 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
UJS.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;
Deepwater port means an offshore
facility as defined in section (3)(10) 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;
MARPOL 73/78 means the Interna-
tional Convention for the Prevention
of Pollution from Ships. 1973. as modi-
fied by the Protocol of 1978 relating
thereto. Annex I, which regulates pol-
lution from oil and which entered into
force on October 2.19«3;
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;
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;
Oil, when used in relation to section
311 of the Act, means oil of any kind
or in any form, including, but not
limted to. petroleum, fuel oil, sludge,
oil refuse, and oil mixed with wastes
other than dredged sppiL 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-
1
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§110.2
40 CFR Ch. I (7-1-91 Edition)
eign nation, except when such vessel is
engaged in commerce:
Sheen means an iridescent appear-
ance on the surface of water
Sludge means an aggregate of oil or
oil and other matter of any kind in
any form other than dredged spoil
having a combined specific gravity
equivalent to or greater than water;
United States means the States, the
District of Columbia, the 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.
§110J Discharge into navigable waters of
such quantities as may be harmful.
For purposes of section 311(b) of the
Act, discharges of oil into or upon the
navigable waters of the United States
or adjoining shorelines in such quanti-
ties that it has been determined may
be harmful to the public health or
welfare of the United States, except as
provided in § 110.7 of this part, include
discharges of oil that:
(a) Violate applicable water quality
standards, or
(b) Cause a film or sheen upon or
discoloration of the surface of the
water or adjoining shorelines or cause
a sludge or emulsion to be deposited
beneath the surface of the water or
upon adjoining shorelines:
9110.4 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.
9110.5 Discharge beyond contiguous zone
of such quantities as may be harmful.
For purposes of section 311(b) of the
Act, discharges of oil into or upon
waters seaward of the contiguous zone
in connection with activities under the
Outer Continental Shelf Lands Act or
the Deepwater Port Act of 1974, or
that may affect natural resources be-
longing to, appertaining to, or under
the exclusive management authority
of the United States (including re-
sources under the Magnuson Fishery
Conservation and 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 5 110.7, 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 §§ 110.3,
110.4, and 110.5. except as the same
may be permitted in the contiguous
zone and seaward under MARPOL 73/
78, Annex I. as provided in 33 CFR
151.09.
9110.7 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 hanpful, but discharges
of such oil accumulated in a vessel's
bilges shall hot be so exempt.
§ 110.8 Dispersants.
Addition of dispersants or emulsifi-
ers to oil to be discharged that would
circumvent the provisions of this Dart
is prohibited.
9110.9 Demonstration projects.
Notwithstanding any other provi-
sions of this part, the Administrator
may permit, the discharge of oil. under
section 311 of the Act. in connection
with research, demonstration projects,
or studies relating to the prevention,
control, or abatement of ail pollution.
§ 110.10 Notice.
Any person in charge of a vessel or
of an onshore or offshore facility
shall, as soon as he or she has knowl-
edge of any discharge of oil from such
vessel or facility in violation of §110.6.
immediately notify the National Re-
sponse Center (NRC) (800-424-8802; in
the Washington. DC metropolitan
area. 426-2675). If direct reporting to
the NRC is not practicable, reports
may be made to the Coast Guard or
EPA predesignated On-Scene Coordi-
nator (OSC) for the geographic area
where the discharge occurs. All such
reports shall be promptly relayed to
the NRC. If it is not possible to notify
the NRC or the predesignated OCS
immediately, reports may be made im-
mediately to the nearest Coast Guard
unit, provided that the person in
charge of the vessel or onshore or off-
shore facility notifies the NRC as soon
as possible. The reports shall be made
in accordance with such procedures as
the Secretary of Transportation may
prescribe. The procedures for such
notice are set forth in U.S. Coast
Guard regulations. 33 CFR part 153,
subpart B and in the National Oil and
Hazardous Substance Pollution Con-
tingency Plan. 40 CFR part 300, sub-
part E. (Approved by the Office of
Management and Budget under the
control number 2050-0046)
S 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 appUcable 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
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40 CFR Ch. I (7.1-91 Edition)
PART 112—OIL POLLUTION
PREVENTION
Sec.
112.1 General applicability.
112.2 Definitions. -
1123 Requirements lor preparation and
Implementation of Spill Prevention Con-
trol and Countenneasure Plans.
112.4 Amendment of SPCC Plans by Re-
gional Administrator.
112.5 Amendment of Spill Prevention Con-
trol and Countermeasure Flans by
owners or operators.
112.8 Civil penalties for violation of oil pol-
lution prevention regulations.
112.7 Guidelines for the preparation and
Implementation of a Spill Prevention
Control and Countenneasure Plan.
Amannx—Mxmokarbum or Understanding
Between the Sechezait or Thanstokta-
TtOH AND THE ABKHRS3SATOR or THE Gx-
viRoincBiTAL Protection Agbcct
Authority: Sees. 31HJK1XC). 311(J)(2),
SO 1(a). Federal Water Pollution Control Act
(sec. 2. Pub. Ik 92-500, 86 Stat. 816 et seq.
(33 U.S.C. 12S1 et seq.)); sec. 4(b). Pub. L.
02-500.86 Stat. 897; 5 U.S.C. Reorg. Plan of
1970 No. 3 (1970). 35 FR 15623. 3 CFR 1966-
1970 Comp4 E.O. 11735. 38 FR 21243. 3
CFR.
Souxcx: 38 FR 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-reiated onshore and off-
shore facilities into or upon the nari-
, 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-
tibn-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 gov-
ernment are subject to these regula-
tions to the same extent as any
person, except for the provisions of
1112.6.
..(d) Tills part does not apply to:
-<1) Facilities, equipment or oper-
ations which are not subject to the ju-
risdiction of the Environmental Pro-
tection Agency, as follows;
(1) Onshore and offshore facilities, ,
which, due to their location, could not
reasonably be expected to discharge
oil Into or upon the navigable waters
of -.the ..United States or adjoining
¦hiwrihw. Thin detdBllllEtlCC «Hi)1
be based solely upon a consideration
of the geographical, locations! aspects
of the facility (such as proximity to
navigable waters or adjoining shore-
lines, land contour, drainage, etc.) and
»h«l1i exclude consideration of man-
made features such as dikes, equip-
ment or other structures which may
serve to restrain, hinder, contain, or
otherwise prevent a discharge of oil
from reaching navigable waters of the
United States or adjoining shorelines;
and
(11) Equipment or operations of ves-
sels or transportation-related onshore
and offshore facilities which are sub-
ject to authority and control of the
Department of Transportation, as de-
fined in the Memorandum of Under-
standing between the Secretary of
Transportation and the Administrator
of the Environmental Protection
Agency, dated November 24. 1971. 36
FR 24000.
(2) Those facilities which, although
otherwise subject to the jurisdiction of
the Environmental Protection .Agency,
meet both of the following require-
ments:
(I) The underground burled storage
capacity of the facility is 42,000 gal-
lons or less of oil. and
(II) The storage capacity, which is
not burled, 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
{112.7. designed to complement exist-
ing laws, regulations, rules, standards,
policies and procedures pertaining to
safety standards, fire prevention and
pollution prevention rules, so as to
font a comprehensive balanced Feder-
al/State spill prevention program to
mtnlrafty the potential for oil dis-
charges. Compliance with this part
does not in any way relieve the owner
or operator of an onshore or an off-
shore facility from compliance with
other FedesaL State or local laws.
[38 FR 3416S, Dec. 11. 1973. as amended at
41 FR 12857. Mar. 28.1976]
SU&2 Definitions.
For the purposes of this pare
(a) Oil means oil of any kind or in
any form. Including, but not limited to
petroleum, fuel oil. sludge, oil refuse
and oil mixed with wastes other than
dredged spoiL
(b) Discharge includes but is not 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&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-
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Environmental Pwfidloa Agency
§112J
ty of any kind located in. on. or under
any land within the United States,
other than submerged lands, which is
not a transportation-related facility.
(d) Offshore facility means any facil-
ity of any kind located in. on, or under
any of the navigable waters of the
United States, which is not 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
FR 24080.
CD SpiU 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 CFR part 110.
(J) United States means the States,
the District of Columbia, the Com-
monwealth of Puerto Rico, the
Zone. Guam. American Samoa, the
Virgin Islands, and the Trust Terri-
tory of the Pacific Islands.
(k) The term navigable water* of the
United States means navigable waters
as defined in section 502(7) of the
FWFCA. and includes:
(1) All navigable waters of the
United States, as defined in Judicial
decisions prior to passage of the 1972
Amendments to the FWFCA (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.
8112J Requirement* for preparation and
implementation of SpiU Prevention
Control and Coontermeasure Plana.
(a) Owners or operators of onshore
and offshore facilities In operation on
or before the effective date of this
part that have discharged or. due to.
their location, could reasonably be ex-
pected to discharge oil in harmful
quantities, as defined in 40 CFR part
110, into or upon the navigable waters
of the United States or adjoining
shorelines, shall prepare a Spill Pre-
vention Control and Countermeasure
Plan (hereinafter "SPCC Plan"), in
writing and in accordance with § 112.7.
Except as provided for in paragraph
(f) of this section, such SPCC Plan
shall be prepared within six wnnt^
after the effective date of put
and shall be fully implemented as soon
as possible, but not later than one
year after the effective date of thi«
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 8 112.7. 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 £PCC
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 familiar with the pro-
visions of this 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
,S 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 °lan beyond the time per-
mitted for uie 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)(1) of this section may submit
a letter of request to the Regional Ad-
ministrator. Such letter shall include:
(I) A complete copy of the SPCC
Plan, if completed:
(II) A full explanation of the cause
for any such delay and the specific as-
pects of the SPCC Flan affected by
the delay;
(ill) A full discussion of actions being
taken or contemplated to 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 1112.3 (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 {112J,(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 12697. Mar. 26.1976}
6 112.4 Amendment of SPCC Plans by Re-
gional Administrator.
(a) Notwithstanding compliance
with {112.3. whenever a facility sub-
ject to 5 112.3 (a), (b) or (c) has: Dis-
charged more than 1.000 U.S. gallons
of oil into or upon the navigable
waters of the United States or adjoin-
ing shorelines in a single spill event, or
discharged oil in harmful quantities,
as defined in 40 CFR part 110, into or
upon the navigable waters of the
United States or adjoining shorelines
in two spill events, reportable under
section 311(b)(5) of the FWPCA, oc-
curring within any twelve month
period, the owner or operator of such
facility shall submit to the Regional
Administrator, within 60 days from
the time such facility becomes subject
to this section, the following:
(1) Name of the facility;
(2) Nameis) of the owner or operator
of the facility;
(3) Location of the facility;
(4) Date and year of initial facility
operation;
(5) Maximum storage or handling
capacity of the facility and normal
dally throughput;
(6) Description of the facility, in-
cluding maps, flow diagrams, and topo-
graphical maps;
(7) A complete copy of the SPCC
Plan with any amendments;
(8) The cause(s) of such spill, includ-
ing a failure analysis of system or sub-
system in which the failure occurred;
(9) The corrective actions and/or
countermeasures taken, including an
adequate description of equipment re-
pairs and/or replacements;
(10) Additional preventive measures
taken or contemplated to minimize the
possibility of recurrence;
(11) Such other information as the
Regional Administrator may reason-
ably require pertinent to the Plan or
spill event.
(b) Section 112.4 shall not apply
until the expiration of the time per-
mitted for the preparation and imple-
mentation of an SPCC Plan pursuant
to S 112J (a), (b). (c) and (f).
(c) A complete copy of all informa-
tion provided to the Regional Adminis-
trator pursuant to paragraph (a) of,
this section shall be sent at the same
time to the State agency in charge of
water pollution control activities in
and for the State in which the facility
is located. Upon receipt of such infor-
mation such State agency may con-
duct a review and make recommenda-
tions to the Regional Administrator as .
to further procedures, methods, equip-
ment and other requirements for
equipment necessary to prevent and to
contain discharges of oil from such fa-
-------
Environmental Protection Agency
§ 112.4
cility.
(d) Alter review of the SPCC Plar.
lor a facility subject to paragraph (a:
of this section, together with all othex
information submitted by the owner
or operator of such facility, and by the
State agency under paragraph (c) ol
this section, the Regional Administra-
tor may require the owner or operator
ol such lacillty to amend the SPCC
Plan 11 he finds that the Flan does not
meet the requirements ol this part or
t-hut the amendment ol the Flan Is
necessary to prevent and to contain
discharges ol oil Irom such facility.
(e) When the Regional Administra-
tor proposes to require an amendment
to the SPCC Plan, he shall notify the
lacillty operator by certified mail ad-
dressed to. or by personal delivery to,
the lacillty owner or operator, that he
proposes to require an amendment to
the Plan, and shall specify the terms
of such amendment. U the facility
owner or operator is a corporation, a
copy ol such notice shall also be
mailed to the registered agent, U any,
ol such corporation in the State where
such lacillty 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. Alter considering
all relevant material presented, the
Regional Administrator shall notify
the lacillty owner or operator ol any
amendment required or shall rescind
the notice. The amendment required
by the Regional Administrator shall
become part ol the Plan 30 days after
such notice, unless the Regional Ad-
ministrator, lor good cause, shall
specify another effective date. The
owner or operator of the facility shall
implement the amendment ol the
Plan as soon as possible, but not later
than six months alter the amendment
becomes part ol the Flan, unless the
Regional Administrator specifies an-
other date.
(1) An owner or operator may appeal
a decision made by the Regional Ad-
ministrator requiring an amendment
to an SPCC Plan. The appeal shall be
made to the Administrator ol the
United States Environmental Protec-
tion Agency and must be made in writ-
ing within 30 days ol receipt ol the
notice Irom the Regional Administra-
tor requiring the amendment. A com-
plete copy ol the appeal must be sent
to the Regional Administrator at the
time the appeal is made. The appeal
aHaii contain a clear and concise state-
ment ol the issues and points ol iact
in the case. 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 inlormation
Irom the owner or operator, or Irom
any other person. The Administrator
or his designee shall render a decision
within 60 days ol receiving the appeal
and shall notily the owner or operator
ol his decision.
[38 PR 34165. Dec. 11. 1973. as amended at
41FR 12638. Mar. 26.19761
9 HIS Amendment of Spill Prevention
Control and Countermeasure Plans by
owners or operators.
(a) Owners or operators of facilities
subject to $ 112.3 (a), (b) or (c) shall
amend the SPCC Plan lor such lacillty
in accordance with S 112.7 whenever
there is a change in lacillty design,
construction, operation or mainte-
nance which materially affects the fa-
cility's potential for the discharge ol
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 alter
such change occurs.
(b) Notwithstanding compliance
with paragraph (a) ol this section,
owners and operators of facilities sub-
ject to {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 lacillty be-
comes subject to this part. As a result
ol 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 11: (1)
Such technology will significantly
reduce the likelihood ol a spill event
Irom the lacillty, and (2) 11 such tech-
nology has been lield-proven at the
time ol the review.
(c) No amendment to an SPCC Plan
shall be effective to satisfy the re-
quirements ol this section unless it
has been certified by a Professional
Engineer in accordance with
S 112.3(d).
8112.6 Civil penalties for violation of oil
pollution prevention regulations.
Owners or operators ol facilities sub-
ject to } 112J (a), (b) or (c) who vio-
late the requirements ol this part 112
by tailing or refusing to comply with
any ol the provisions ol S 112.3. i 112.4
or { 112.5 shall be liable lor a civil pen-
alty of not more than $5,000 lor each
day such violation continues. Civil
penalties shall be imposed in accord-
ance with procedures set out in part
114 ol this subchapter D.
(Sees. 311(1). 501(a). Pub. L. 92-300. 86 Stat.
868.885 (33 U.S.C. 1321(1). 1361(a)))
[39 PR 31602. Aug. 29.19741
S 112.7 Guidelines for the preparation and
implementation of a Spill Prevention
Control and Countermeasure Plan.
The SPCC Plan shall be a carefully
thought-out plan, prepared in accord-
ance with good engineering practices,
and which has the lull approval ol
management at a level with authority
to commit the necessary resources. II
the plan calls lor additional facilities
-------
§11X7
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 conformance 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:
- (i) 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;
(vil) Sorbent materials.
(2) Offshore facilities:
(I) Curbing, drip pans;
(II) Sumps and collection systems.
(d) When it Is determined that the
installation of structures or equipment
listed in {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
S 112.7(c), sections of the Plan should
include a complete discussion of con-
formance with the following applica-
ble guidelines, other effective spill pre-
vention and containment procedures
(or. if more stringent, with State rules,
regulations and guidelines):
(1) Facility drainage {onshore): (ex-
cluding production facilities), (i)
Drainage from diked storage areas
should be restrained by valves or other
positive means to prevent a spill or
other excessive leakage of oil into the
drainage system or inplant effluent
treatment system, except where plan
systems are designed to handle such
leakage. Diked areas may be emptied
by pumps or ejectors; however, £hese
should be manually activated and the
condition of the accumulation should
be examined before starting to be sure
no oil will be discharged into the
water.
(ii) 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, open-and-dosed design. When
plant drainage drains directly into
water courses and not into wastewater
treatment plants, retained storm
water should be inspected as provided
in paragraphs (eK2)(ill) (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 facility. Catchment basins
should not be located in areas subject
to periodic flooding.
(iv) If plant drainage is not engi-
neered as above, the final discharge of
all in-plant ditches should be equipped
with a diversion system that could, in
the event of an uncontrolled spill,
return the oil to the plant.
(v) Where drainage waters are treat-
ed in more than one treatment unit,
natural hydraulic flow should be used.
If pump transfer is needed, two "lift"
pumps should be provided, and at least
one of the pumps should be perma-
nently installed when such treatment
is continuous. In any event, whatever
techniques are used facility drainage
systems should be adequately engi-
neered to prevent oil from reaching
navigable waters in the event of equip-
ment failure or human error at the fa-
cility.
(2) Bulk storage tanks (onshore); lex-
eluding production facilities). (1) No
tank should be used for the storage of
oil unless its material and construction
are compatible with the material
stored and conditions of storage such
as pressure and temperature, etc.
(11) All bulk storage tank installa-
tions should be constructed so that a
secondary means of containment is
provided for the entire contents of the
largest single tank plus sufficient free-
board to allow for precipitation. Diked
areas should be sufficiently impervi-
ous to contain spilled oil. Dikes, con-
tainment curbs.- and pits are common-
ly employed for this purpose, but they
may not always be appropriate. An al-
ternative system could consist of a
complete drainage trench enclosure
arranged so that a spill could termi-
nate and be safely confined in an in-
plant catchment basin or holding
pond.
-------
Environmental Protection Agency
§ 112.7
(ill) Drainage of rainwater from the
diked area into a storm drain or an ef-
fluent discharge that empties into an
open water course, lake, or pond, and
bypassing the in-plant treatment
system may be acceptable if:
(A) The bypass valve is normally
sealed closed.
(B) Inspection of the run-off rain
water ensures compliance with appli-
cable water quality standards and will
not cause a harmful discharge as de-
fined in 40 CFR part 110.
(C) The bypass valve is opened, and
resealed following drainage under re-
sponsible supervision.
(D) Adequate records are kept of
such events.
(iv) Buried metallic storage tanks
represent a potential for undetected
spills. A new buried installation should
be protected from corrosion by coat-
ings, cathodic protection or other ef-
fective methods compatible with local
soil conditions. Such buried tanks
should at least be subjected to regular
pressure testing.
(v) Partially buried metallic tanks
for the storage of oil should be avoid-
ed. unless the buried section of the
shell is adequately coated, since par-
tial burial in damp earth can cause
rapid corrosion of metallic surfaces,
especially at the earth/air interface.
(vl) Aboveground tanks should be
subject to periodic integrity testing,
talcing 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-
tlve 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.
(viil) 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 suffice.
(B) Considering size and complexity
of the facility, high liquid level pump
cutoff devices set to stop flow at a pre-
determined tank content level.
(C) Direct audible or code signal
communication between the tank
gauger and the pumping station.
(D) A fast response system for deter-
mining the liquid level of each bulk
storage tank such as digital comput-
ers. telepulse, or direct vision gauges
or their equivalent.
(E) Liquid level sensing devices
should be regularly tested to insure
proper operation.
(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). (i) 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 minimize abrasion and
corrosion and allow for expansion and
contraction.
(lv) All aboveground valves and pipei-
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
-------
§11X7
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), (i)
Tank car and tank truck loading/un-
loading procedures should meet the
minimum requirements and regulation
established by the Department of
Transportation.
(11) Where rack area drainage does
not flow into a catchment basin or
treatment facility designed to handle
spills, a quick drainage system should
be used for tank truck loading and un-
loading areas. The containment
system should be designed to hold at
least capacity of any single
compartment of a tank car or tank
truck loaded or unloaded in the plant.
(ill) An interlocked warning light or
physical barrier system, or warning
signs, should be provided in loading/
uwinnriiwff areas to prevent vehicular
departure before complete disconnect
of flexible or fixed transfer lines.
-------
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 BOF
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), (i) Definition:
"An oil drilling, production or wor-
kover facility (offshore)" may include
all drilling or workover equipment,
wells, flowlines. gathering lines, plat-
forms, and auxiliary nontransporta-
tion-related equipment and facilities
in a single geographical oil or gas field
operated by a single operator.
(il) oil drainage collection equip-
ment should be used to prevent and
control small oil spillage around
pumps, glands, valves, flanges, expan-
sion joints, hoses, drain lines, separa-
tors, treaters, tanks, and allied equip-
ment. Drains on the facility should be
controlled and directed toward a cen-
tral collection sump or equivalent col-
lection system sufficient to prevent
discharges of oil into the navigable
waters of the United States. Where
drains and sumps are not practicable
oil contained in collection equipment
should be removed as often as neces-
sary to prevent overflow.
(lil) 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
tun irs should be equipped with high
liquid level sensing devices or other ac-
ceptable alternatives to prevent oil dis-
charges.
(vl) Pressure tanks should be
equipped with high and low pressure
sensing devices to activate an alarm
md/or control the flow or other ac-
:eptable alternatives to prevent oil dis-
:harges.
(vli) Tanks should be equipped with
suitable corrosion protection.
(viii) A written procedure for in-
specting and testing pollution preven-
tion equipment and systems should be
prepared and maintained at the facili-
ty. Such procedures should be includ-
ed as part of the SPCC Plan.
(ix) Testing and inspection of the
pollution prevention equipment and
systems at the facility should be con-
ducted by the owner or operator on a
scheduled periodic basis commensu-
rate with the complexity, conditions
and circumstances of the facility or
other appropriate regulations.
(x) Surface and subsurface well
shut-in valves and devices in use at the
facility should be sufficiently de-
scribed to determine method of activa-
tion or control, e.g., pressure differen-
tial. change in fluid or flow conditions,
combination of pressure and flow,
manual or remote control mecha-
nisms. Detailed records for each well,
while not necessarily part of the plan
should be kept by the owner or opera-
tor.
(xl) Before drilling below any casing
string, and during workover operations
a blowout preventer (BOP) assembly
and well control system should be in-
stalled that is capable of controlling
any well-head pressure that is expect-
ed to be encountered while that BOP
assembly is on the welL Casing and
BOP installations should be in accord-
ance with State regulatory agency re-
quirements.
(xii) 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.
(xiil) 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*
dude 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
-------
§ 11X7
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.
(xvii) Sub-marine pipelines appurte-
nant to the facility should be ade- •
quately protected against environmen-
tal stresses and other activities such as
fishing operations.
(xvili) Sub-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.
(&) Inspections and records. Inspec-
tions required by this part should he
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 part of the
5PCC Flan and maintained for a
period of three years.
(9) Security (excluding oil produc-
tion facilities), (l) 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.
-------
Environmental Protection Agoncy
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.
(G) 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 including
ln-plant pipelines, effluent discharge lines,
and storage tanks, but excluding waste
treatment facilities located on vesjels 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
aims 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-
portatlon-related facility and which are not
Intended to transport oil In Interstate or
Intrastate commerce.
(K) Pipeline systems which are used for
iie transport of oil exclusively within the
xmfines of a nontransportatlon-related fa-
•Uity or terminal facility and which are not
ntended to transport oil in interstate or
ntrastate commerce, but excluding pipeline
lymems used to transfer oil in bulk to or
Man a vessel.
-(2) "Transportation-related onshore and
iffshore facilities"
(A) Onshore and offshore terminal facill-
ies including transfer hoses, loading arras
and other equipment and appurtenances
used for the purpose of h«m4iiwy or trans-
ferring oil in bulk to or from a vessel as well
as storage tanks and appurtenances for the
reception of oily ballast water or tank wash-
ings from vessels, 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 and
which are not intended to transport oil in
Interstate or intrastate commerce or to
transfer oil In bulk to or from a vessel.
(D) Highway vehicles and railroad cars
which are used for the transport of oil in
interstate or intrastate commerce and the
equipment and appurtenances related there-
to. and equipment used for the. fueling of lo-
comotive units, as well as the rights-of-way
on which they operate. Excluded are high-
way vehicles and railroad cars and motive
power used exclusively within the confines
of a 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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33 CFR Ch. I (7-1-92 Edition)
Subpart B—Notice of the Discharge
of Oil or a Hazardous Substance
8 153.201 Purpose.
The purpose of this subpart is to
prescribe the manner in which the
notice required in section 311(b)(5) of
the A°t is to be given and to list the
government officials to , receive that
notice.
8 151203 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 FR 17966. May 16. 1986. as
amended by CGD 88-052. 53 FR 25121. July
1.1988]
8153.205 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—aooresses and Telephone Num-
bers of Coast Guard District Offices
ano EPA Regional Offices
| . Address 1 Telephone
EPA Regional Often
Regan:
1
Joim F. Kenneav Federal SMg.,
Boston. MA 02203.
617-565-3715
II
26 Federal Plaza. New Yon. NY
10278.
212-264-2525
III
841 Chestnut Street Philadel-
phia. PA 19107.
215-597-9800
rv
345 Couflland Street. NE. Atlan-
ta. GA 30365.
404-347-4727
v.
230 & Deareom Street 13th
Floor. Chicago. IL 60604.
312-353-2000
VI.. _
1445 Rosa Ave.. 12th Floor.
Suite 1200. Dallas. TX 75202.
214-655 Mil
VII _
726 Minnesota Avenue. Kansas
City. KS 88101.
913-236-2800
VIII _
999 ISm St.. Suite 500. Denver.
CO 80202-2405.
303-293-1603
IX-J
215 rremow Street. San Ffmn-
OSCO. CA 94105.
415-974-6071
X
1200 6th Avenue. SestHe. WA
206-442-5810
98101.
Cant Guam Oistnet Offices
Dismee
1st—
408 Aoanac Ave., Boston. MA
'02110-2209.
617-223-8444
2nd.
1430 Olive St. SI Lous. MO
63103.
314-425-4655
Sth_
Federal BMg^ 431 Crawtare St.
Portsmouth. VA 23705-5004
804-398-6638
7th._
Federal Bldg.. Room 1221. 51
S.W. 1st Ave.. Mism. FL
33130.
305-5367565
sm_
Hale Boggs Federal Bldg, 500
Camp St_ Nm Orleans. IA
70130-3396.
504-589-690'
90i_
1240 East 9tn St_ Oaveiana.
OH 44199.
21S-S22-39K
11th.
union Bank Bldg.. 400 Ocean,
gat*. Long Beach. CA 90822-
5399.
213-499-533G
13th.
Federal Bldg. 919 Second Ave..
Seam*, wa 98174
206-442-5850
14th.
Piinc* KalananaoM Federal
BUg.. 300 Ala Moans Blvd..
9th Floor. Honolulu. HI 96850.
808-541-2114
17th.
P.O Boi 3-SOOO. Juneau. AK
99802.
907-566-7195
Table 2—Standard Administrative Re-
gions of States and Corresponding
Coast Guard Districts ano EPA Regions
Coast
States and EPA region
Guard
district
Region 1:
Msas
New Mammre
1st
Vermont
All eiceoi Northwestern portion
1st
Maaaaenuaam
Rhode Wand.
1st
Regan II:
New York:
Coastal area and Eastern portion
1st
Great Lanes area and other Pomona
9th
, Ueoar doam
1st
Lowr oonon ,
Stn
-------
ciivnvnpnmvi rvwramwi M^wicy
Table 2—Standard Administrative Re-
gions of States and Corresponding
Coast Guaro Districts and EPA Re-
gions—Continued
States and EPA ragen
Coast
Guard
district
Virgin (stands
Re^on III:
Pannaywa:
Eastern portion..
| 7tr>
I 7th
Groat Lanes aria
Somnwaiiam ponwu
.1 Sth
.) 9tn
.1 2nd
J 5th
i 5th
J 2nd
srn.
Sth
Norm Carmna^
SoumCaroma~
Georgu
2nd
i 2nd
J 5tn
Tin
7th
Plonda:
Attarac and Gutf eoaau.
Pannama araa.
Repon VII:
VUI:
Utaft
Colorado..
South Osams,
IX:
CaMoma..
He»eaa.~.
Amona.
Guam^.^.....
American Samoa...
2nd
2nd
2nd
2nd'
13th
2nd
iltn
2nd
2nd
2nd
Trust Territory of the Pacrfic Islands..
Northern Manana islands
Regm X:
wasrangton ¦
nth
iim
urn
utn
utn
j utn .
utn
utn
Oregon..
ioaho~
13th
i3tr>
,.! 13tn
4 17th
(CGD 84-067. 51 FR 17967. May 16. 1986. as
amended by CGD 88-052. 53 FR 25121. July
1. 19881
-------
APPENDIX G
40 CFR PART 114
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PART H 4—CIVIL PENALTIES FOR
VIOLATION OF OIL POLLUTION
PREVENTION REwuuuiONS
NOlf-TKAHVOKATXOir RXZAXZD OHBaOU AHB
OF78HOBS fACZLITIXS .
Sec.
114.1 General applicability.
114.2 Violation.
114.3 Deterrmnitlon of penalty.
114.4 Notice ot Violation.
114.fi Request lor beanng.
114.8 Presiding Officer.
114.7 Consolidation.
114.8 Prehearing conference.
114.9 Conduct of hearing.
114.10 Decision.
114.11 Appeal to Administrator.
Authohittt Sees. 311(J). 501(a). Pub. L.
92-500. 86 Stat. 868. 88S (33 UJ3.C. 1321(1),
1361(a)).
Souxae 39 FR 31803. Aug. 29.1974. mil—
otherwise noted.
Non-Transportatioit Rslaxxs
Oksbobz and OrrsaoBZ Facjxzzzes
S 114.1 General applicability.
Owners or operators of facilities sub-
ject to i 112.3 (a), (b) or
-------
Environmental Protection Agency
§114.9
(f) Manner of the payrre-.t 5.* a^y
money which may be paid to the
United States;
. (gj Right to request a hearing: and
(h) The procedures for requesting a
hearing the right to be rep-
resented by counsel.
9114.5 Request for hearing.
Within thirty (30) days of the date
of receipt of a Notice of Violation, the
person named In the Notice nay 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 attomey-ln-
fact, to the Regional Administrator.
(a) Requests for hearings shall:
(1) State the name and address of
the penan 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.
1114.6 Presiding Officer.
The hearing shall be conducted by
the Presiding Officer. The Regional
Administrator may designate any at-
torney in the Environmental Protec-
tion Agency to. act as the Presiding Of-
ficer. No person shall serve as a Pre-
siding Officer where he has any prior
connection with the case including
without limitation the performance of
investigative or prosecuting functions
or any other such functions. The Pre-
siding Officer appointed shall have
the full authority to conduct the hear-
ing. decide Issues and to amen a civil
penalty as appropriate.
S 114.7 Consolidation.
The Presiding Officer may. in his
discretion, order consolidation of any
hearings held under this part and aris-
ing within one Region whenever he de-
termines that consolidation will expe-
dite or simplify the consideration of
the issues presented. The Administra-
tor may. in his discretion, order con-
solidation. and designate one Region
to be responsible for the conduct of
any hearings held under this 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.
§lli8 Prehearing' confi
The Presiding Officer may hold one
or more prehearing conferences and
may Issue a hearing agenda which
may include, without limitation, deci-
sions with regard to any or all the fol-
lowing:
(a) Stipulations and admissions:
(b) Disputed issues of fact:
(c) Hearing procedures including
submission of oral or written testimo-
ny and the time allotted for oral argu-
ments: and
(d) Any other matter which may ex-
pedite the hearing or aid In disposition
of any issues raised therein.
91143 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 Twaiwraiw 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
defease 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
40 CFR Ch. I (7-1-90 Edition)
formed. In the event, trie matter cision of the Presiding Officer in any
cannot be resolved by settlement the respect and shall Include in his ded-
person charged with the violation sion a concise statement of the basis,
shall be informed in writing, of the de- therefore. The decision of the Admin-
cislon of the Presiding Officer and istrator on appeal shall be effective
shall be advised of his right to appeal, when rendered.
8114.10 Decision.
Within thirty (30) days after the
conclusion of the hearings, the Presid-
ing Officer shall issue findings with re-
spect to the matter, including, where
appropriate to the amount of the civil
penalty. In assuming the civil penalty
the Presiding Officer shall consider
the factors set forth in 5 114.3. A copy
of the Presiding Officer's decision
shall be sent to the person charged in
the Notice of Violation. The decision
of the Presiding Officer shall become
the final decision of the Environmen-
tal Protection Agency unless within
fifteen (IS) 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.
9114.11 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 oh 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.
fd) 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-
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APPENDIX H
Notice of Proposed Rule Making SPCC Revision for
40 C.F.R. Part 112 dated October 22. 1991
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Tuesday
October 22, 1991
Part II
Environmental
Protection Agency
40 CFR Part 112
Oil Pollution Prevention; Non-
transportation-related Onshore and
Offshore Faculties;-Proposed Rules
0001(00X21-tXTT-91T13:48:47)
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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-FRL-3671-4]
RIN 2050-AC82
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-1P,
Superfund Docket, room M2427, U.S.
Environmental Protection Agency, 401 M
Street, SW., Washington, DC 20460.
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-lP). 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
S-310999 0002(00X21 -OCT-91 -13:48:49)
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 1-600-424-9346 (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
metropolitans 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 112 '
A. Section 112.1—General Applicability
and Notification
B. Section 112.2—Definitions
C. Section 112.3—Requirements to
Prepare and Implement a Spill
Prevention, Control, and
Countermeasures 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
G. Section 112.7—Spill Prevention.
Control, aiid Countermeasures Plan
General Requirements
H. Section 1123—Spill Prevention.
Control, and Countermeasures Plan
Requirements for Onshore Facilities
(Excluding Production Facilities)
I. Section 112J)—Spill Prevention.
Control, and Countenneasures Plan
Requirements for Onshore Oil Production
Facilities
J. Section 112.10—Spill Prevention.
Control, and Countenneasures Plan
Requirements for Onshore Oil Drilling
and Workover Facilities
K. Section 112.11—Spill Prevention.
Control, and Countenneasures Plan
Requirements for Offshore Oil Drilling,
Productioa 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
I. Introduction
A. Statutory Authority
Section 311(j)(l)(C) of the Federal
Water Pollution Control Act, 33 U.S.C.
1251 et seq., 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
Countenneasures (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
amendments. 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,
S-310999 0003(00X21-OCT-9l-l 3:48:53)
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 lanuary 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 Countenneasures 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.1 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 countenneasures 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 arid 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 Countenneasures
Program Task Force Report" Interim Final Report,
May 13.1988. This document is available {or
inspection at the Superfund Docket, room M2427,
U.S. EPA. 401M Street. SW.. Washington. DC 20480.
* 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 1889 (GAO/
RCED-89-85). This document is available for
inspection at the Superfund Docket, room M2427.
U.S. EPA. 401 M Street. SW.. Washingtoa DC 20480.
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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
damagies 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 41201(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
S-310999 0004(00X2 !-OCT-91-13:48:56)
circumstances has been added to
existing authorities.
OPA section 4202 amends CWA
section 311(j) to require the development
of Area Contingency Plans to help
ensure the removal of a worst-case spill
from a vessel or facility in or near the
area covered by the plan. The President
must designate inland and coastal areas
for which plans are to be prepared; and
for each of these areas, an Area
Committee must be established
consisting of qualified Federal, State,
and local officials. Each Area
Committee in inland areas must prepare
an Area Contingency Plan and submit it
to the President. The President must
then review each plan and either
approve or require amendments to it.
Section 4202 of the OPA also amends
CWA section 311(j) to require that the
President issue regiilations for owners or
operators of certain facilities and
vessels to prepare response plans for
worst-case oil and hazardous
substances discharges. Onshore
facilities that can cause "substantial
harm" in the event of a worst-case spill
must submit their plans to the President.,
Of these plans, the President must
review and issue determinations on
plans for onshore facilities that can
cause "significant and substantial
harm."
Although the changes to the SPCC
regulation proposed today do not
directly incorporate requirements of the
OPA. the notification requirement
proposed today will assist in the
implementation of many of these OPA
requirements. This requirement will
provide information on the number and
location of facilities, as well as the size
and number of tanks at each one. EPA
expects that implementation of many of
the OPA provisions related to non-
transportation-related facilities will be
delegated to EPA in a forthcoming
Executive Order. As described in
section II.A of this preamble, the facility
data developed as a result of the
notification requirement will assist EPA
in its implementation of the response
planning provisions of OPA section 4202
in Phase Two.
The SPCC Task Force concluded that
aboveground storage tanks without
secondary containment pose a
particularly significant threat to the
environment. The Phase One
modifications would retain the existing
requirement for facility owners or
operators who are unable to provide
certain structures or equipment for oil
spill prevention, including secondary
containment, to prepare facility-specific
oil spill contingency plans in lieu of the
prevention systems. In developing the
Phase Two modifications. EPA will
consider whether facility owners or
operators with aboveground storage
tanks, as well as others, should be
required to prepare facility-specific
contingency plans. Phase Two
modifications will also address the
requirements of a properly designed
contingency plan and, as described
above, will implement additional OPA
requirements for facility response
(contingency) plans, as appropriate.
Section 4301 of the OPA increases
penalties under the CWA for violations
resulting from discharges of oil or
hazardous substances. Section 4301(a)
amends the CWA to provide more
stringent penalties for failure to notify
the appropriate Federal agency of a
discharge. The OPA provides for
imprisonment of up to five years and a
fine not exceeding $250,000 for an
individual, or not more than $500,000 for
an organization. Section 4301(b)
establishes the penalty for failure to
comply with regulations under CWA
section 311(j) at $25,000 per day of
violation. In addition to these civil
penalties, Section 4301(b) establishes
administrative penalties of $10,000 per
violation, not to exceed $25,000 for Class
I penalties, and $10,000 per day per
violation, not to exceed $125,000 for
Class II penalties.
Section 4301(c) provides that
violations of the prohibition on
•discharges of oil or hazardous
substances in amounts that may be
harmful are subject to criminal penalties
established under section 309(c) of the
CWA. These penalties are $2,500 to
$25,000 and up to one year imprisonment
for negligent violations. $5,000 to $50,000
and up to three years imprisonment for
knowing violations, and up to $250,000
(or $1 million for organizations) and up
to 15 years imprisonment for knowing
endangerment.
II. General Issues
A. Notification
The SPCC Task Force found in its
review of the SPCC program that
information concerning the numbers,
storage capacities, and locations of
above ground oil storage facilities is
needed to effectively administer the
SPCC program. Therefore, EPA is
proposing to require that all facilities
that are currently subject to the Oil
Pollution Prevention regulation by virtue
of their aboyeground oil storage
capacity, or that are otherwise subject
to the CWA and have above ground
storage capacity greater than 1,320
gallons (or greater than 660 gallons in a
single container), notify the Agency of
certain SPCC-rela ted facility
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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 S 112.2(v), would not be
subject to the proposed notification
requirement. The proposed notification
provision in § 112.1(e) would require
that facility owners and operators
1 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(00X2 l-OCT-91 -13:48:59)
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), operator(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
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
dispiosal 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 toxlarify an existing
requirement that facilities without
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54616 Federal Register / Vol. 56, No. 204 / Tuesday, October 22, 1991 / Proposed Rules
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 111
of this preamble. Among the new
recommendations are the following two
provisions:
• Proposed § 112.8(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 DOTs Office of Pipeline
Safety.
S-310999 0006(00X21 -OCT-91 -13:49:03)
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
defining 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
$ 311(j)(l)(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)(1) 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
i 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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54617
standards, cause a Him 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)(1) 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)(1),
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 EPA's
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
* 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."
S-310999 0007(00X21 -OCT-91 -13:49:06)
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
irule 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
abovejground 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 S 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)(1). 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 1112.1(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)(1). 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 ILA 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
S 112.1(e) (redesignated as proposed
S 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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54618 Federal Register / Vol. 56, No. 204 / Tuesday, October 22, 1991 / Proposed Rules
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 NCP.
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 conforms 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 (38 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 { 112.7(e)(5)(i) and
i 112.7(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 ah 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
5 112.2(i)).
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
S 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. 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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Federal Register / Vol. 56. No. 204 / Tuesday, October 22. 1991 / Proposed Rules 54619
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 aregulated party to
certify a SPCC Plan. The Agency also
notes that a requirement that a PG 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(00X21-OCT-91-13:49:14)
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
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 S 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.
£. Section 112.5—Amendment of SPCC
Plans by Owners or Operators
EPA is proposing to revise 5 112.5(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 ah 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 S 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 § 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, SS 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
l.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 IB, 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 (58 112.7,112.8.112.9,
112.10, and 112.11) based on facility
type. Proposed § 112.7 provides general
requirements for preparing SPCC Plans
while §§ 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 S 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
S-310999 OOIO(OOK2i-OCT-9l-l3:49:17)
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 SS 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 §$ 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 SS 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
cohtinues to provide for deviation from
the requirements of S U2.7 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 hot 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 SS 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. B98.1. 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 SS 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 means.
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
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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 part280. 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 001 l(00X21-OCT-91-13:49:2l)
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' witlrthe 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.5
The current S 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
8 Twelve percent of all releases are caused by
pipe leaks and valve failure*. "Aboveground
Storage Tank Incident Information Project," API.
Washington. DC. December 20.1988.
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 U revisions
to the SPCC regulation.
Paragraph (d)(1) of the current rule
stateB 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 heeds, methods of mechanical
containment, removal of spilled oil. and
access and availability of sorbents,
booms, and pther equipment. Proposed
paragraph (d)(1) 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
SS 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 § 112.7(f): Personnel,
training, and spill prevention
procedures. Thft section is § U2.7(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)(1). 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 0012(00X2 l-OCT-91-13:49:24)
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 $ 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 § U2.7(i). This section
references conformance with the
applicable provisions in proposed
SS 112.8,112,9.112.10, and 112.11 and if
more stringent, with State rules,
regulations, and guidelines.
H. Section 112.8: Spill Prevention,
Control, and Countermeasures Plan
Requirements for Onshore Facilities
(Excluding Production Facilities)
This section combines |§ 112.7(e)(1),
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)(1) 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
§ 112.6(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 § 112.7(e)(2) discusses bulk
storage containers and is proposed to be
renumbered as $ 112.8(c). Proposed
S 112.8(c)(1) 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 die
same time, recognizing that certain
types of equipment use oil in specialized
ways for which the provisions of
proposed $ 112.8(c) or 1112.9(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
liked areas must be sufficiently
mpervious to contain spilled oil. The
iroposed § 112.8(c)(2) clarifies that '
hese diked areas must be able to
:ontain spilled oil for at least 72 hours
i-310999 0013(00X2 l-OCT-91-13:49:28)
(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 S 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 § 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 1112.8(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
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 S 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 S 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
i 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)(U), 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 § 112.8(d). The current
1112.7(e)(3)(i) requires that buried
piping installations have a protective
coating and be cathodically protected if
soil conditions warrant. Proposed
§ 112.8(d)(1) 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)(1), 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(OOK21-OCT-91-I3:49:3I)
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 S 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 f 112.7(e)). The Agency
recommends that all valves, pipes, and
appurtenances conform to relevant
industry codes, such as ASME
Standards.
Proposed $ 112.8(d)(5) adds a
recommendation that facilities post
vehicle weight restriction to prevent
damage to underground piping.
I. Section 112Jh Spill Prevention,
Control, and Countermeasures Plan
Requirements for Onshore Oil
Production Facilities
This section is S 112.7(e)(5) 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 S 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 1112.9(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
flood hazard areas are discussed in
Section IV. E. of this preamble.
Proposed 1112.9(d)(1) contains a
recommendation that tanks conform
with relevant industry standards, similar
to the recommendation in proposed
1112.8(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 § 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
1112.9(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 S 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 S 112.9(e)(1)
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 flowline 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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facilities. EPA suggests that monthly
examinations are appropriate for most
facilities.
J. 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 ah
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: Spill 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.
S-310999 0015(00X2!-OCT-91-13:49:35)
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 § 112.11(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 § U2.U(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)(xj 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 1112.11(k) clarifies that
this documentation must be maintained
at the facility for a period of ho less that
five years (see Section III.G. and
1112.7(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
1112.7(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(s), and
paragraphs (e)(7)(xiv) through
(e)(7)(xviii) of the current rule are
proposed to be renumbered as § 112.11
(n) 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 1 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, die 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
860 gallons of oil in1 a single
aboveground tank); and (2) that, because
of their location, could reasonably be
expected to discharge oil into or upon
the navigable waiters 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
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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
aboveground 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
contents 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 L
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-J10999 0016(00X21-OCT-9l-13:49:38)
related programs or are considering
legislation on 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 of1986 (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 UI (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 MSDSs 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.
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 WHP As 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 1112.6(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
S-310999 0017(00X21 -OCT-91-13:49:42)
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, such_as 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 II.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
Benefits1
Costs
Net benefits
Present Value
$10 million
S1.6 minor
$16 million.
$2.6 million.
Annualized
1 The monetized benefits as a result of the proposed notification form were estimated in the supplemental cost/benefit analysis. The methodology used to
estimate these 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 been included.
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
behavior 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
Benefits
Costs
Net benefits
Present Value
$1,000 million ^
$559 million.
$91.0 million.
Annualized
$162.8 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 anid the
results obtained, especially information
which might indicate that substantial
benefits or costs have been included.
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Table 3.—Proposed Discretionary Provisions 1
•
Benefits
Costs
Net benefits
Upper Bound:
Present value.
S54 million.
$8.7 million.
$—193 miilioa
$-31.4 million.
Annualized
Lower Bound:
Present Value
Annualized
1 While upper and lower bound monetary benefit estimates were developed in the supplemental cost/benefit analysis, upper and lower bound cost estimates for
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'B 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 (Z)
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
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
$128 million.
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 $692 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
ability of United States-based
enterprises to compete with foreign-
based enterprises iii 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 haB 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 8,
January 1991, available for inspection in
Room M2427 at the U.S Environmental
Protection Agency, 401M Street SW.,
Washington, DC 20480). 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-Z23Y),
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54630 Federal Register / Vol. 56. No. 204 / Tuesday, October 22, 1991 / Proposed Rules
U.S. Environmental Protection Agency,
401M Street, SW., Washington, DC
20460 or by calling 1-202-260-2740.
Public reporting burden for the
proposed notification form affecting all
SPCC-reguiatedfacilities is estimated to
range from one half hour to 1.5 hours per
response, and 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, 401M 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. Reilly,
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.
11&2 Definitions.
112J ' Requirement to prepare and
implement a Spill Prevention. Control,
and Countermeasures 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
Countermeasures 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 FR 21243. 3 CFR 1971-1975 Comp., p.
791.
PART 112—OIL POLLUTION
PREVENTION
& 112.1 Gflfwral MmMeabilltv and
— , mi, - ti - ,
nouiwaiion.
(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(o).
(3) This part applies to facilities
having "bunkered tanks" and "partially
buried tanks" as defined in § 112.2(c)
and 1112.2(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 $ 112.7(a)(3), this part 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)(1) of 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 54681
and the EPA Administrator, dated
November 24.1971,36 FR 24080.
(2) Those facilities that meet both of
the following requirements:
(1) 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 860 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
S-310999 0021(01X21-OCT-9I-13:51:15)
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 $S 112.7,
112.8.112.9.112.10. and li2.11 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.
§11^2 Definitions.
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 arid 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 arid 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 tenn
"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)(1) 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)(1)
through (6) of this section.
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54632 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, platfonns, and liixiliary 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 hon-
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.
(0) 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
S-310999 0022(01X21-OCT-91-I3:51:I8)
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
(~) 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 LEL are not present.
(p) Person includes an individual,
firm, corporation, association, or a
partnership. v
(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) SPCC Plan 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)(1) 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.
(~) Transportation-related and non-
transportatiori-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.
§ 112J Requirement to prepare and
Implement a Spill Prevention, Control, and
Countermeasures Ptan.
(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)(1) 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 BO days
after date of publication of the final
rule), and could reasonably be expected
to discharge oil as described in
§ 112.1(b)(1) of this part, shall prepare a
facility SPCC Plan in accordance with
S 112.7, and in accordance with any of
the following sections that apply to the
facility: $S 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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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)(1) 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(01X21-OCT-91-13:51:22)
(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
affecf 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 Countermeasurea Plan by
Regional Administrator.
(~) 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)(1) 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;
(~) 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 ownlr 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
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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.
§ 112.5 Amendment ot Spill Prevention,
Control, and Countermeasures Plan by
owner* or operators.
(a) Owners 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, 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)(1) 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 that
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(01X2l-OCT-91-l 3:51:25)
§ 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: (l).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,
112.5,112.7,112.8,112.9.112 10, 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 rion-conformance and
describe in detail alternate methods and
how equivalent protection will be
achieved. The Regional Administrator
can overrule the waiver/equivalent
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, t
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:
(1) 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 J 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 J of the NCP for the
S-310999 0025(01 X21-OCT-91-13:51:29)
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 sucl.
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.
(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 wanting
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
Countermeasures Plan requirements for
onshore faculties (excluding production
facilities).
(a) In addition to the specific spill
prevention and containment procedures
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34636
Federal Register / Vol. 56, 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
be 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
irainage 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
if all in-plant drainage shall be
-•quipped with a diversion system that
would, in the event of an uncontrolled
jpill, retain oil in the facility.
(5) Where drainage waters are treated
more than one treatment unit, it is
ecommended that natural hydraulic
flow be used. If pump transfer is needed,
two "lift" pumps shall be provided, and
t least one of the pumps shall be
provided, and at least one of the pumps
ihall be permanently installed when,
•uch treatment is continuous. Whatever
'echniques are used, facility drainage
systems shall be adequately engineered
3o that, in the event of equipment failure
:>r human error at the facility, oil will be
nrevented from reaching navigable
vaters of the United States, adjoining
shorelines, or other waters that would
be affected by discharging oil as
described in § 112.1(b)(1) of this part.
(6) For facilities in locations subject to
Hooding, it is recommended that the
3PCC Plan address additional
-equirements for events that occur
luring a period of flooding.
S-310999 0026(01 X21-OCT-91-13:51:32V
(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
good engineering practice for the
construction and operation of the tank.
(2)v 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
resealed 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.
(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 their
equivalent.
(v) Other devices can be considered
for installation as alternate
technologies, as allowed under
1112.7(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
j 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
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
1112.7(c)(1) 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. (1) 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.
(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)(1). 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:
(1) 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
Countermessures 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 stnictures
may be necessary to intercept and
contain spills of fuel, crude oil, or oily
drilling fluids.
(d) Before drilling below any casing
string or during workover operations, a
blowout prevention (BOP) assembly and
well control system shall be installed,
when necessary, 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.
§ 112.11 Spill Prevention, Control, and
Countermeasuree Plan requirements for
offshore oil drilling, production, or
workover facilities.
(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
§ 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)(1) 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(01X21-OCT-91-13:51:39)
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 tjie 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
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 preventor 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 thai 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 on 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 f Tuesday, October 22. 1991 / Proposed Rules 54639
obligations for 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 isubcontractors 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
Qpompleted 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 ail
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 tenninal 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 tenninal 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
1 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 hot intended for use in
interstate or intrastate commerce.
BIUJWO COPE 6560-60-M
S-310999 0029(01X21-OCT-91-13:51:43)
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APPENDIX I
Interim Final Rule for
40 C.F.R. part 112 dated November 4,1992
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Wednesday
November 4, 1992
Part V
Environmental
Protection Agency
40 CFR Part 112, et al.
Ctvll Penalty Provisions for the Oil
Pollution Prevention Refutation*, Clean
Water Act Notification Provision and
Prohibition Against Unauthorized
Dlacharges of OH and Hazardous
Substances; Interim Final Rule
-------
52704 Federal Register / Vol. 37, No. 214 / Wadneaday, November 4. 1992 / Rui«e end Regulation!
ENVIRONMENTAL PROTECTION
AOeNCY"
¦m •
40 CFR Parta 112, ,114 and t17
tWL>4Ma-4| J" • "
Civil Penalty Provtaiona tor tho Oil
Pollution Prevention Regulation*.
Clean Water Aet Hotfflcadon Provision
and ProMMtton AfMiit Unautfiortsad
Diadiargee of ON and Haxardoua
Aoaxcr. Environmental Protection
Agency.
ACtWHe Interim final rule.
auMMAHv: The Environmental Protection
Agency (EPA) today pubUahee en
interim final rule wiitch Unite the
applicability of the adminietretive .
penalty asseesment provision* of the
Agency'* regulation* on oil pollution
prevention and reportable quantities for
hazardous substances. These provision*
•re being amended la light of new
authorities for the asseaament of civil
administrative and Judicial penalties
under the Oil Pollution Act (OPA).
DATwEOsctiv# date; The intarxm final
rule shall be effective November 4.1992.
Comments: EPA will accept poet-
publication comments until December 4.
1992.
AOOMSSCtt Persona may mail two
copies of all comments on this interim
final rule to Cecilia L Smith, Office of
Waste Programs Enforcement. (08-WO),
Environmental Protection Agency, 401M
Street SW»Waefcie|iea.DC20«aa The •
adminiafrntive record of this rulemaking
is available end persons may Inspect
comments at the above address.
ProgramrEnfaieemant SSOK*. '
Environmental ftniaritnr Agency. 401M
Street SW. Washington. DC 20«aa (703)
003-8943.
auwmwwTAWviwpowaiaTww.
1. Preamble
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 CFR
part 114 wen promulgated in 1974
pursuant to section 3U(}) of the Federal
Water Pollution Control Aet 33 U.S.C.
1321. also known ea the Clean Water
Act (CWA) (39 FR 31802. Auguat 29.
1974). Part 112 aets out for onshore and
offshore non«trenaportation*related
facilities, roquiremonta designed to
prevent discharges of oil into "navigable
waters and ad)oining shorelines." 40
CFR lixaaed 1M.1 each provide that
viokttouof thaoil pollution pr
regulations nay reiult in the asi
of an administrative penalty of net
than <8.000 per day of violation. 4BC7K-;
112.6 and 114.1 are baaed on authority tat'-.
CWA section 311(j)(2). which, befbte ita .
amendment by the Oil Pollution Actaf- ¦
1990 (OPA). limited civil penalties
assessed for violations of regulatiooa
issued under section 3ll(|) to "notmorer
than $5J)00 for each such violation." ^
The OPA repaaiad CWA section
311(i)(2) and amended CWA aectton -
311(b)(0) to provide that violator* of *•
CWA section 311(1) may be asaeaaad a
Claaa 1 penalty of up to fl0400 par *
violation (up to a maximum assessment
of S23.000). or a Class U penalty of ap to
$10,000 per day of violation (tip to a
maximum asseesment of SttMOO).'..
Further, section 311(b)(6) now proeidce '
for different administrative proceedings .
for these two claseee of perrsltlae
Respondents tn Class 1 ease* are given a
reaaonable opportunity to be bead end .
to present evidence, but the hearing
need not meet the requirements of the
Administrative Procedure Aet (APA) for
formal adiudicationa (5 U.S.C. 854). •
Claaa S hearings, however, are m the
record and subject to S U.S.C. 354.
As a Matik of the savings provtafonla.
section 6001 of the OPA. li UZ4and
U4.1 continue in effect until repealed,
amended or superseded. Today's
regulation amende 40 CFR 112J and
UU by makfaf them applicable osly to
violations occurring prior to Augnetifc.
19001 the data of enactment of the OIL
Tha OPA alan amended CWA sectioo
313(b) to provide for the judicial .
aisesement at civil penalties of up to
"SZ840»pea day of violation."
Notifhxtiomcf DUshargvt*)
40 CFR 117 generally establlahaa tha
reportable quantities for hazardoo* '
aobetaneeodeeignated under 400*110.
for piupeaoo of CWA section 311. 40 ¦
CFK117.21 sets out the notification
lequUeuiem for discharge* of rteilpnetori
haaardoua aubetancea pursuant to CWA °
section 311(b)(8). 40 CFR 117.22(a)
provides that violatton(s) of the
notification requirement mey result in a
fine of not more than S10.000 or .
Imprisonment for not more than on*
year, or both. 40 CFR 117.22(a) is baaed
on language in former CWA lection
311(b)(8). which was later amended bjr~
tha OPA. Section 4301 of the OPA
amended CWA section 311(b)(5) to
provide that any criminal penalty for •
violation of the notification requireenai
in CWA section 311(b)(3) be "in
eccordance with title 18. United Statea
Code, or imprtaonad for not more their 8
^yem. or both." As a result of the
tragi provision in section 6001 of the
OPA. 40 CFR 117.22(a) continues tn
until re peeled, amended or
euperssileil Today*e regulation amends
• 1117.22(a) by maiciof it applicable only
to violations occurring prior to August
.19*1900. tha date of enactment of the Oil
' Pb&ation Act-
"ftaMftfen Against Unauthorized
UitdnmM
4DCFR 117.22(b) provides thet an
- owner, operator or a pereon in ehaige of
a vaaael or facility that haa discharged a
deeignated haaardoua subatance
exseedlDf tha reportable quantity may
bo «ab|aef to a civil administrative
penalty aaaessment of up to S3.000 par
vibfatieo. Hie regulation also etatea that
tha Agency may pureue a judicial civil
penalty action, aaaking up to >80.000 per .
violation: when the discharge resulted
from willful negligence or willful
mieconduct the maximum judicial civil
penalty is «280.000.40 CFR U7.22(b| is
baaed on language in former CWA
section 311(b)(0)(A), which wee
emended by the OPA.
Section 4301 of OPA repealed CWA
. section 311(b)(6) and replaced it with s
new penalty assessment framework. 1
CWA section 311(b)(6) now provides
that violator* of the prohibition agawit
unauthorized dischargee in section
KUbXHaay be aeseaaed a Class I
penaltyop to SlOiOOO per violation (up
to a maximum assasament of 523.000) or
a Qaaa Q penalty of up to 310.000 per
day of violation (up to a maximum
asaaeement of 912&000).
As a result of the savings provision in
section 6001 of the OPA. 40 CFR 117.22
continues in effect until repealed,
amended pr superceded. Today's
regulation amende 40 CFR 11722 by
making it applicable only to vioietiens
oMiuiiug prior to Auguat 18,1990. the
date of enactment of the Oil Pollution
ACL
Section 4301 of OPA also added CWA
MCtisa 811(b)(7), which providea for the
bdidal assessment of civil penaltie* for
violation* of CWA section 311(b)(3) of
up to "S2&000 per dey of violation" or
up to "S1.000 per barrel of oil or unit of
(•portable quantity of heaerdoua
lubatancee." For violations of section
312(b)(3) that are a reault of gross
negligence or willful misconduct, the
violator now Is subject to a civil penalty
of "not tees than Si00.000 and not more
than 33.000 per barrel or oil or unit of
reportable quantity or haeardoua
diarharged."
-------
fodflsai Ragiatar / Wei. 57. No. 214 / Wednesday. November 4. 1892 / Rulee and Regalattoas 52705
Today'$.Jku»riimPmaJ'SMguhti»a
Qanpmedcaiip intended that
vtoiaibtnaf feseii pollatlofl prevention,
i ripitatimia stiiartans reguletfona. CWA
section 9l1(b)W Bad CWA aeetion
311(b)(3)', (he Agency's existing
regulation* on thfr metterneed to be
changed to coafanu to the statutory
amendments. The Agency believes that
such a conforming change reflecting,
explicit Congressional. intent doaa not
warrant notice end opportunity for
comment under the Administrative
Procedure Act and that there is good
cause for publiohing thf» rale in interim
Anal form. For the name reason, tha
Agancy believes there it good cause for
mailing the rule effective immediately.
Consequently, this rule is publiahed ae
an interim final rule emending 40 CFR
1118.114.1 and 117.22 with regard to
any violations occurring after tha date of
the OPA's enactment (August 18.19(H).
40 CFR 112.6.114.1 and 117.22 still apply,
however, to violations that occurred
prior to August 18.1990.
Interim Procedures
Aa a raault of today'a 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 311(b)(3) occurring
titer August 18.1000. The Agency,
however, will use two existing sete of
procedures es guidance until it
somplatea a rulemaking to implement
:he new CWA penalty provisions. For
Ilass 1 penalties, the Agency will follow
;eneraily the procedures set forth In the
ecantly propqaad 40 CFR 28. Non-AFA
Consolidated Rules of Practice for
Administrative Aeeeasment of Civil
'enaltiee (58 FR 29996. fuly 1.1991).
rhese procedures will be used as
tuidanoe until the reguletion is
>ubliahad in the Federal Ragiatar ae
Inal. at which time they will have the
orce of lew. For the assessment of
:\VA section 311 Class U penalties, the
Agency intends to use aa piidance- the
Consolidated Rules of Practise
Governing tha Administrative
Aasaaaneiu at Civil Penable* and tha
RevocationorSuepeoeioaofFenxuts at
40 CFR 22.40 CFR 22 satirtee the
teemmmeata ai the APA for
adfadlcttoiK hearings os tfa* record.Tha
AfneriBtande in tha near futare tr»
amend 4ft CFfc 2£te tacocponte. the
OPA Amendmanta u the CWA.
IL Procaduai Requirements
A Review Under Kxeevtrr* Order tZStt
Executive Order No. 122S1 requires
that all Proposed aad final regidietlona
be classified ae me)oror nan*ma|or
rules. The Agency has determined that
thia final rule ta not a ma)ornda under
ExecuttvaOtdar l2291 because it will
not raeult in eayof tfa* impact*
delineated fn tha Executive Order.
B- Review Under the Regulatory
Flexibility Act
Tha Regulatory Flexibility Act of 1980;
9 U&C. 801 etseq. requires that a
Regulatory Flexibility Analysis be
performed for ell ruler that are likely to
harm "significant economic impact on a
substantial number of smaQ entities."
This regulation will not impoee
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 oh
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
entitiee.
C Review Under the Paperwork
Reduction Act
\ : ....
This rule does not contain any
information collection requirements
subtect to OMB review under the
Paperwork Reduction Act of 1980 (44
U.S.C. 3901 el seq.).
III. Additional Opportunity for Public
Comment
EPA has issued today's rule aa an
interim final rule in order to provide a
limited opportunity until December 4.
1992 for public comment. Aftar
evaluating any comments which are
reeaived. EPA will decide whether a
response is warranted.
Liat o/ Subjects
40 CFR Part 112
Oil pollution. Penalties. Reporting and
recordkeeping reouirer.enu.
40 CFR Pose 11+
Admiirietrelfve- practice* end
procedure. OilpeffiMtoa. Pfenelrte*.
40 CFR Part U7
Hasardeeseubetancefc fanelties.
Reporting ancLreoutika oping
requirements. Wafer paUiauaacantak.
DewdrOsteWm Wtt
WlUlearC Kefflr.
Admmituaton
For tha retronasal out in. the
preaaUa.pam.112; 114 and 117 at
chaptae I of tttla4Aof tha Coda ai
Federal Reguiations.ua. amended aa set
forth below.
part lis—on.pomrnou
PREVEWTTOK
1. The authority citation for pen HZ is
revised to read as follows:
Authority: Sec 311. SOl(a). Federal Waier
Pollution Cbaarof Ac? feec L Pub. L H-Ma
at 8UL Met seq. (33 tfXC.1291 el eeq.)*
w&4
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52706 Fodarai Regiafr / Vol. 57, No. 214 / Wednesday. November 4. 1992 / Rules and Regulations
(b) Qwnere or operstnrs of facilities
. lubject to | His (a), (b) or (e) of thia
subchapter who violate (ha
requirements of pertitf of thia-
subchapter D by failing-ar refusing to --
comply with any of tb« provisions of
|| 11X3.11X4, orHM ofthis •
subchapter shall ba liable for a civil
penalty of sot mor»thang&000 for each
day such violation eonttnua. Civil
penalties iball ba assessed aod
compromised is eccordance with thia
part No penalty shall be aaaeaeed until
the owner or open tor shall have been
given notice and an opportunity for
hearing in accordance with thla part.
PART ur-OCTmmtATONOF
REPORTABLE OliANTITtSt FOR
HAZARDOUS SUBSTANCES
1. The authority citation for pan 117 is
revised to read ae follows:
Authority: Sees. Sit and 801(a). Pederei
Water Pollution Canto* Act (33 OAG1231 at
leq.). pha Act") end Bxtcotive Order 1173S.
tuperseded by Executive Order 12777.36 PR
34737.
2. Section 117.22 is revised to read aa
follows:
I iirji
(a) Applicability of section. This
section shall apply to violetiona
specified in paramphs (b) and (e) of
thia aoction which occumd prior to *
August 18.190CL
(b) Any person in charge of a vwaei or
an onahoie or offshore fecility who fails
to notify the United States Government' *
of a prohibited discharge pursuant to ¦
1117.21 (except in the ease of •.
discharm beyond the condguoua xone.
where the person in charge of a vessel is
not otherwise eobject to the jurisdiction.
of the United States) shall ba subject to
a fine of not more than tl&OQO or
Imprisonment far not mote than one
year, or both; pursuant to section
311(b)(3).
(c) The owner, operator, or person in
charge of a veaaei or an onshore or
offshore facility from which ia
discharged a hasardous substance-
designated in 40 CFR part 118 in a
quantity eoual to or exceeding in any 21-
hour period, the reportable quantity
established in thia part (except tn the
case of a discharge beyond the
contiguous zone, where the person in
charge of a vessel la not otherwise
subject to the jurisdiction of the United
States, shall be aamessoda civil penalty
of up to SMOO par violation under
section 311(b)(0)(A). Alternatively, upon
a determination by the Administrator, a
civil action will be commenced under .
section 311(b)(6)(B) to impose a penalty -
not to exceed S8&0Q0 unless such •
discharge is the result of willful
negligence or willful misconduct within
the privity and knowledge of .the owner,
operator, or person In charge, in which -.
cate-tha penalty shall not exceed
Notei Tie Administrator wtll take into.
accent the pertly of the efltnae and the
standard of eeie manliest by the owner,
operator, er person ia charge In detemttatfef
whether a dvii action wtll be eessmeneed
under section 311(bK8KB). The grevtty of the
oftmee will be Interpreted to bidede the site
ol the discharge, the desiee of danger or harm
to the peblle health, safety, er the
invlrenmsnt. including caastdetadoa of
tosidty, dsgradabillly. and diapenol
characteristics of the aubeianoa. previous
spUl history. and previous violation of any
ipUl prevention reeuladona. Particular. .
emphasis will be placed on the standard of
care and the extent of mitigation efforts
manifest by the owrw. operator, or person in
charge.
IFR Doe. BMsan ?tfed xi-wa: a*» am)
-------
SECTION 2
* SPCC/FRP OUTREACH CONTACT NUMBERS
* MOST COMMONLY USED CWA-OPA-SPCC
ACRONYMS
* SPCC IMPORTANT DEFINITIONS
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
SPCC/FRP OUTREACH
for
SPILL PREVENTION CONTROL AND COUNTERMEASURE PLANS
AND FACILITY RESPONSE PLANS
J Oil Program Phone Numbers (Area Code 215)
¦
I Who Can You Call?
Present
After
5/20/96
FRP
Infoline
597-9562
566-3452
SPCC/OPA Hotline
(202)
260-2342
SAME
T EPA Region III FAX
597-8138
566-3254
Name
Title
Karen Melvin
Chief, Removal
Enforcement Bra;nch
597-8751
566-3275
Linda Ziegler
Oil Program/FRP
Coordinator
r"
597-1395
•566-3277
Regina Starkey
Oil/SPCC Enforcement
Coordinator
597-1395
566-3292
Robert Sanchez
SPCC/FRP Inspector
597-1357
566-3451
Michael Welsh, P.E.
SPCC/FRP Inspector
597-3251
566-3285
Paula Curtin
(Wheeling Office)
Oil Enforcement
Specialist
(304)
234-6256
SAME
Frank Cosgrove
SPCC Inspector
597-1399
566-3284
Bernie Stepanski
Investigator
597-3184
566-3288
-------
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
COMMONLY USED CWA-OPA-SPCC ACRONYMS
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
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
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 Superfiind, 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 3
* SPCC COURSE SLIDES
-------
THIS PAGE INTENTIONALLY LEFT BLANK
-------
5'! -
History/Background
Information
Sources of Oil Spills
Transportation Non-Transportation
iSA I
7^
« i ,«Wl
ftfe ¦¦ | W i v.
Breakdown of Oil Spill Reports
Region III - Fiscal Year 1992
1000
PA VA WV MD DC DE
Scurca: fleccrat ^fcsponse Centar {Six /da: Irenes)
-------
SPCC HISTORY fir
Memorandum of Understanding (MOU) IBHIBI
Developed between the EPA and DOT to
clarify the meanings of Transportation and |
Non-Transportation-Related Facilities".
SPCC Hfcaoiy
SPCC HISTORY
Oil Pollution Prevention Regulation
I
ilfSffiil
I » Spill Prevention, Control and Counter-
1 measures (SPCC), became effective January
1 10, 1974.
I ~ Derives authority from Section ,
I 311 of the Clean Water Act
1 (CWA).
S»"CX Mt
i
r.o'y
Inland Spill Classification
< 1,000 gallons —>
MINOR
1,000 -10,000 gallons —>
MEDIUM
> 10,000 gallons ~>
MAJOR
Source: 40 CFR 300.5 (NCP)
Notes
-------
SPCC HISTORY 0^
Amendments to SPCC Regulation
a August 29, 1974:
*¦ Set forth EPA's policy on civil penalties
for violating Section 311 of CWA.
a March 26,1976:
~ Clarified SPCC applicability criteria.
~ Specified that SPCC plans must be
written.
~ Outlined procedures for developing an
SPCC plan for mobile facilities.
NO*
SPCCMsary
SPCC HISTORY OIL
| « Major Oil Spill - January 2, 1988 i
% 1
| ~ 4'million gallon AST collapsed and 1
| spilled 3.8 million gallons of diesel |
I fuel. |
\ ~ Approximately 750,000 gallons entered |
| into the Monongahela River. |
\ - Affected the water supplies of 70 |
| communities across 3 States. 1
Notes
SPCC HISTORY
SPCC Task Force Report
a Focused on prevention of large catastrophic
spills.
s Made recommendations regarding the
Federal SPCC program.
WCCMay
-------
SPCC HISTORY
PROPOSED RULE
8s 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-
reguiated facilities.
Mft?
8PCC Htoory
Notes
SPCC HISTORY
OPA-1990
ss Signed into law on August 18, 1990.
« Made significant modifications to Section
311 of CWA.
x
itihi
srecHauy
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 Liabilty For Spills
-------
0PA-1990
Liability Caps Can Be Broken
<
Spill was caused by gross negligence, willful
misconduct or the violation of federal safety,
construction, -or operating regulations.
Failure to report a known spill.
Failure or refusal to cooperate with removal actions.
A.
Failure to comply with an order Issued under the
CWA or the Intervention on the High Seas Act.
noma
SPCC'KtRcy
112.1
General Applicability
Section 112.1
SPCC applies to:
» 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 underground stbrage capacity
> 42,000 gallons, or
~ Have a total aboveground storage capacity
> 1,320 gallons, or
~ Have a single, abpveground storage tank
with a capacity > 660 gallons.
we
n? ¦ Oet**!
-------
Section 112.1
The SPCC regulation
s Establishes procedures, methods, and equipment
to prevent oil discharges Into or upon the navigable
waters of the U.S. or adjoining shorelines.
« Does hot relieve the owner/operator from
compliance with other existing Federal, F-
State, and Local laws. oil j
« Concentrates on prevention, not response to
discharges of oil in "harmful quantities".
i
« Complements existing laws, regulations, rules,
standards, polices and procedures.
Notes
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)
• '2 * AupjisiniWy
112.2
Definitions
-------
Notes
112.3
Requirements for Preparation and
Implementation of Spill Prevention •
Control and Countermeasures Plans
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 112.2
Important Definitions source: *o cfr ho.i & 112.2
8 Oil
& Discharge; Spill Event
& Harmful Quantity; Applicable Water Quality
Standards
» Navigable Waters; Adjoining Shorelines
« Owner or Operator
j a Non-Transportation Related Facility
| » Onshore and Offshore Facility
1
Ifcw-'
-------
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.
Notes
Section 112.3
Other Requirements
8 The SPCC plan must be reviewed and fh 1
certified by a PE. and ' f 1
Must be available to the RA for review during 1
normal working hours. I
MC
>9
Section 112.3
Extensions of Time @
» Can be granted by the RA because of the
non-availability of qualified personnel or
delays in construction or equipment delivery,
beyond the control of the owner/operator.
-------
. 112.4 ;
tv
Amendment of SPCC Plans by the | j
Regional Administrator J
Notes
Section 112.4
Submitting Plans to EPA ,
|
28 Inspector requests a copy, or I
ss Oil is discharged into or upon the navigable 1
waters of the U.S. or adjoining shorelines: I
• at >1,000 U.S. gallons in a single spill |
event, or 1
• in 'harmful quantities" in two spill |
events in any 12 month period. |
ttA'A.
"12.4 .7A Plan
Section 112.4
Written Reports Include:
'
sss Copy of SPCC plan.
a Facility name
as Owner/operator name.
« Location of facility.
« Date of initial operation.
8 Maximum oil storage capacity and average daily ;
throughput.
UCM
i S2> M P'mi Arwndiwu
-------
Written Reports (cont.)
Section 112.4
% Facility description
% Cause(s) of the spill(s).
« Corrective measures taken.
« Additional preventative measures,
a Other information requested by the RA. ;
Notes
Ptor AT.«.->3m«ris
Section 112.4
If the RA Proposes Amendment(s)
The owner/operator will be notified via |
certified mail, and must i-
• make the amendment(s) part of the %
plan within 30 days, and §
• implement the amendment(s) within |
6 months.
¦
Appeals
Section H2.4
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.
i (2.4 H|at-
-------
- 112.5
Amendment of SPCC Plans by;
Owners or Operators I
Notes
Section 112.5
Owner/Operator Amendments
The owner or operator must review the |
facility's SPCC plan every 3 years. 1
The plan shall be amended within 6 months I
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. |
0.
112.6 0*^#' cetrator Ptan A-WhSmeou
Section 112.5
Owner/Operator Amendments
i
sco-
¦' - ^
a A facility's SPCC plan must be amended \
when there is a 'change" In facility design, 1
construction, operation or maintenance that 1
materially affects the facility's potential to 1
discharge oil. 1
The amendment(s) must be fully I
implemented within 6 months. |
1 \H Owr.«;.?s**?tur Pfcti A*r.«ioriv^i
-------
Section 112.7
General Information
« SPCC plans should be prepared using good
engineering practices, and
» Have the full approval of management with *
the authority to commit the necessary 'Hi
resources. J
_ ; , ,1, _
112.7 Plan rT«0*r**ton Gjtodfln##
112-7
Guidelines for the Preparation
and Implementation of a SPCC
Plans
. Section 112.5
Examples of changes:
8
Commission or decommission of tanks.
Replacement, reconstruction, or movement of
tanks.
*
Replacement, reconstruction, or installation of
piping systems.
X
Construction or demolition that might alter
secondary containment structures.
%
Revision of standard operation or maintenance
procedures at a facility.
fK4
Notes
-------
Section 112.7
General Information (cont.)
M
» An SPCC plan includes:
» Predictions of equipment failure.
~ Appropriate containment or
diversionary structures.
112.? Plin freparAUor. Gyteeilres
Notes
Section 112.7
Containment or Diversionary Structures
& For onshore lacilities:
- 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.
tt27V'ttoa-aMw tfwtetWr**
Section 112.7
Containment or Diversionary Structures
For offshore facilities:
~ Curbing, drip pans.
~ Sumps and collection systems.
IK'./ Phi fjufcotaw.
-------
Section 112.7
Containment or Diversionary Structures
If installing structures or equipment is not
practicable, you must:
~ Maintain a written spill contingency plan
(40 CFR 109). and
»• Have a written commitment of equipment
and materials to contain and abate a
spill.
it2.? Plan Preparation Gutsailnes
Notes
Section 112.7
Guidelines
:. Facility drainage, onshore. *
Bulk storage tanks, onshore. *
:!; Facility transfer operations, pumping, and ¦¦
in-plant processes. *
- Facility tank car and tank truck loading/
unloading, onshore.
S Inspection and records.
* Excludes production facilities
Section 112.7
Guidelines (cont.) '
I ?.?. Security.*
: Personnel training and spill prevention
; procedures.
| 5. Oil production facilities, onshore.
! ¦) Oil drilling and workover facilities, onshore.
j :. j Oil drilling, production, or workover
facilities, offshore.
* Excludes production facilities
-------
'ection 112.7
* Facility Drainage - Onshore
| « Drainage from diked storage areas
I ~ Should have positive restraint.
» Should be manually activated.
~ Should be inspected.
a Drainage from undiked areas
~ Should flow to a containment area
a diversionary system.
» Treatment systems
! ~ Should be engineered to prevent overflow.
Notes
Section 112.7
Bulk Storage Tanks - Onshore
Tanks must be made of materials compatible
with the oil to be stored.
There must be secondary containment for all
tanks.
f i
pii . Oil.Storage
W ¦
w
112.* tiu;o«s{
Seciion 112.7
* Bulk Storage Tanks - Onshore (cont.)
! » Rainwater from a diked area may bypass in-plant
I treatment if:
~ The bypass is normally kept in the closed
I position.
.~ The discharge is inspected prior to
release.
- The discharge does not violate applicable
j water quality standards.
~ The valve is opened and resealed under
| proper supervision.
| •; Proper records are kept.
112.? -to.-i '.-fttfiH'JOT ltai?(W*e4
-------
*
Section 112.7
Bulk Storage Tanks - Onshore (cont.)
I ss Aboveground tanks I
I ~ Periodic integrity testing. |
1 ~ Frequent visual inspections. 1
I a Internal heating coils 1
I ~ Exhaust should be monitored or treated, 1
SRC
ii?.7 Pbo «"4Mra:top Ou^o:uvj5
Section 112.7
* Bulk Storage Tanks - Onshore (cont.)
* New and old tanks should be fail safe.
* Leaking tanks should be repaired promptly. I
* Portable oil tanks need secondary
containment.
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 7-bOCuffJbr OwX>R>tr»ft«
Notes
-------
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.
•KT-I) .
H2.7 Plan Pntowatisn n
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.
11?.? fJuiRttfcO*
-------
* Security
Section 112.7
¦yy/yyyjyyyyyyyyyyyyyy/yysyysyyy/y/yyyyycyy/yy^
® Facilities should be fenced with entrance |p
gates locked and/or guarded. If
» 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.
M27 Pfc«! PiKpMKtiui
Notes
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.
yy/////^y///y/yyy///y///y/y//y^/y/y/r/yy//////yyy^y//w/y^/yy^yyA^^ym^w,
' 'i.7 Ptar P'iiarvio-* G„»5»&r.es
Section H2.7
Oil Production Facilities - Onshore
« Drainage:
~ Dikes must be sealed closed except when
being drained.
~ Drainage ditches should be checked regularly
for accumulation of oil.
s 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.
ueMk
-------
Section 112.7
Oil Production Facilities: Bulk Storage Tanks -
Onshore
/¦yy//yyyyyyyyyys/yyyyyyyyyyyysyy,yyyyyyyyyy/yyys/yyyyyyyy/ysJ'js
n Tanks should be fail-safe engineered,
including:
- Adequate tank capacities.
~ Overflow equalizing lines installed,
between tanks.
~ Vacuum protection.
~ Level sensor alarm,
yy/yyyyy/jC^yyyyyyyy/yy/yyyy/^y/A-yyyy/yy/yy/yyryyyyyyy^yy/yyy/^yyy^^y^yi^x^yy^
112.? ®ter PreoA/auo* GuteoMnes
Notes
Section 112.7
Oil Production Facilities: Facility Transfer
Operations - Onshore
'
t % Abovegrouna pipes must be examined
%
1
i periodically. 1
1 ^
f.
1 % Frequent examination of saltwater disposal
! ¦
| facilities must be conducted.
%
f§
| n The facility must maintain a program of
^ flowline maintenance.
1
1
|
I
3
MS r-tt
1137 -ton Mu»k-»>S'.
.'Section 112.7'
Drilling and Workover Facilities - Onshore
mmmMammmmmmmmmMmmwmi
&
% Mobile equipment must be positioned so as
to prevent a spill into the water.
» Blowout prevention assemblies and well
controls should be used.
112.7 ®ton *:»0fi/trior IfaiOrlNii
-------
. Section 112.7
Drilling, Production, or Workover Facilities -
Offshore
& Surface and sub-surface shut-in valves should be ;
easily Identifiable.
a Prior to drilling, a blowout prevention assembly ;
and well control system should be installed. j
Extra-ordinary well control measures should be in I
place In case of emergencies. !
® Sub-marine pipelines should be protected from
environmental stress and other activities.
U2.7 PJan r-r?ei;aiten -johttUtss
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 p
safely and-effectively?
Do they know who to call for help?
PROPOSED RULE
Revision of Section 112.7
• Section 112.7 - SPCC plan general requirements.
• Section 112.8 - SPCC plan requirements for
onshore facilities (excluding production
facilities.
• Section 112.9 - SPCC plan requirements 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.
M
ftOpOMdfU*
-------
What to Expect During
an SPCC Inspection
Notes
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
• Without advanced notification
-------
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-certlflcatlon, If applicable.
4. Site tour/evaluation of effectiveness of the
SPCC Plan.
5. Other site-specific information (site maps, list
of tanks and storage capacity, route of entry
to nearest waterway, storm sewers, photo
documentation, etc.).
Notes
112.6
| Civil Penalties for Violation
I of Oil Pollution Prevention
| Regulations
EPA's Goal:
COMPLIANCE
-------
Civil Penalties
a 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.
M2.e CMi»«naRles
Notes
Civil Penalties
Section 112.6
The November 4, 1992 Interim Rule amends
both Section 112.6 and 114.1.
~ These sections are now only applicaole
to violations occurring prior to 8/18/90.
~ Violations occurring after 8/18/90 will be
subject to either a Class I or Class II civil
I penalty, as outlined in Section 311(b)(6)
of the OPA amended CWA.
! 12>. ."Mf
Types of Civil Penalties
Section 112.6
1. Class I Penalties:
~ Can not exceed $10,000 per violation.
~ Maximum penalty of S25.000.
2. Class II Penalties:
*¦. Can not exceed $10,000 per day for each
day the violation continues.
~ Maximum penalty of $125,000.
3. DO J referrals
. lt.fi ->.i .
-------
NUMBEROF VIOLATIONS
1 VIOLATION
TYPE FAILURE TO PREPARE PLAN (112J)
STORAGE CAPACITY
1. LESS THAN SO,000 GALLONS AST
Z LESS THAN 43,000 GALLONS UST
.:
SPILL HISTORY
NONE ;
DISTANCE TO WATERWAY
25 TO 50 YARDS j
POTENTIAL THREAT
SURFACE WATERS/SHORELINE
!
FACILITY TYPE
1. ON-SHORE
2. COMMERCIAL
LENGTH Of VIOLATION
( YEAR STATUTORY LIMIT
PROPOSED PENALTY *4,800
Qm&aa&Z
NUMBER OF VIOLATIONS
1 VIOLATION |
TYPE
FAILURE TO PREPARE PLAN (112J) j
STORAGE CAPACITY
138.000 GALLONS AST
SPILL HISTORY
NONE
DISTANCE TO WATERWAY
300 YARDS j
POTENTIAL THREAT
SURFACE WATERS i
FACILITY TYPE
1. ON-SHORE
2. INDUSTRIAL
3. COMMERCIAL
4. VEHICLES 4 RAIL CARS
LBMTH OF VIOLATION
S YEAR STATUTORY LIMIT
PROPOSED PENALTY
r?joo
Company X
NUMBER OF VIOLATIONS
1 VIOLATION
TYPE FAILURE TO PREPARE PLAN (1124)
STORAGE CAPACITY
1. OVER 1 MILLION (M)(4M GALLONS)
2. ALL ABOVE GROUND
SPILL HISTORY
1 MINOR SPU.
DISTANCE TO WATERWAY
LESS THAN 2S YARDS
POTENTIAL THREAT
SURFACE WATERS
FACILITY TYPE
1. ON-SHORE
2. OIL STORAGE AND COMMERCIAL
X WASTE TREATMENT
4. PIPELINES
4. VEHICLES A RAIL CARS
LENOTH OF VIOLATION
S YEAR STATUTORY LIMIT
PROPOSED PENALTY
*14^00
Notes
-------
Recap of Penalties for Companys X, Y & 2.
.
COMPANY
X
S v. j.,z
PROPOSED
PENALTY
$14,400
: |
| $4,500 ¦! 517,500
i ' - !
PENALTY
PAID
512,960
: , :
I $2,000 i 514,040
.
Notes
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SECTION 4
* 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 sinoothly. 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.
i
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 ffl
841 Chestnut Building
Philadelphia, Pennsylvania 19107
ACKNOWLEDGEMENT AND RECORD OF SPCC/FRP INSPECTION/PLAN REVIEW
SPCC CASE NUMBER: FRP REGIONAL ID#: DATE:
TO: Regina A. Starkey, SPCC Coordinator (3HW32)
CC: Linda J. Ziegler, FRP Coordinator (3HW32) (only if FRP applicable)
Inspector's Printed Name/Signature:
Inspection Tearn Members:
Name/Location of Facility:
Address:
City: County: State: Zip:
Facility Contact/Title:
Telephone Number:
Name of Owner/operator:
Address:
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 day of
Facility Representative Prirvted 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 ho, 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 3HW32) 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 5
* 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
oEPA OPAQ's&A's:
Overview of the Oil
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 aiverage 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.
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 and 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 31 l(k); (2) Title III of the
Outer Continental Shelf Lands Act Amendments of
1978 (43 U.S.C. §1811 et seq); (3) section 18(f) 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
Pollution
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 $1-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.
-------
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 OPA?
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-transpbrtation-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.
r ,'
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 are
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 L).
Highlight 1: 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 Plans workgroup is
studying issues associated with designating areas
for wfiich 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
Q5. 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,
OPA 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 tb $250,000 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 NCP.
Liability and Financial Responsibility
Oil. What provisions for oil spill liability does the
OPA establish?
A. Title I of the OPA contains liability provisions
governing oil spills modeled after CERCLA and sec-
tion jli 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 be
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 provided
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 provides excep-
tions to the statute's liability provisions. The
exceptions include: (1) discharges of oil authorized
by a permit under Federal, State, or local law; (2)
discharges of oil from a public vessel; or (3) dis-
charges of oil from onshore facilities covered by the
liability provisions of the Trans-Alaska Pipeline
Authorization Act.
In addition, section 1003 of the OPA provides the
responsible party with defenses to liability imposed
under section 1002 of the Act if the responsible
party establishes that the spill was caused solely by:
(1) an act of God; (2) an act of war; (3) an act or
-------
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 SI,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)(1) of the OPA,
however, provides the Federal government with the
authority to adjust, by regulation, the $350-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 Acencv 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 310,000 to a maximum of $250,000 for an
individual or $500,000 for an organization. The
maximum prison term is also increased from one
year to five years.
In addition, section 4301(b) of the OPA amends the
CWA to authorize a civil penalty of $25,000 for
each day of violation or $1,000 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 $25,000 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 $250,000 and 15
years in prison. EPA and the USCG also have the
authority to administratively assess civil penalties of
up to $125,000 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 $150 million and vessels and
deepwater ports must provide evidence of financial
responsibility up to the maximum applicable liability
limitation amount. Any vessel subject to this
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 evidence of
insurance, surety bond, guarantee, letter of credit, or
qualification as a self-insurer. Also, OPA section
1016(f) provides that claims for removal costs and
damages may be asserted directly against the
guarantor providing evidence of financial
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
-------
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-barrei
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 S500-million per
incident spending limit on natural resource damages.
In addition, the OPA ihcreases 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.
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
31 l(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
-------
section 4202(a)(6) revises CWA section 311(j)(5) to
require the owner or operator of an onshore facility
that, because of 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 OPA 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 that 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 Exxon 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?
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 cpntrol 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.
A. Section 7001 of the OPA requires that an
interagency committee be established to coordinate
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