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8824 Federal R.egister I Vol. 58. No. 30 I Wednesday. February 17. 1993 I Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 112 [SW H-FRL 4556-2] RIN 2050-AD 30 011 Pollution
Prevention; NonTransportation-Related Onshore Facilities . AGENCY: U.S. Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: This proposed rule would revise the Oil
Pollution Prevention regulation, originally promulgated under the Clean Water Act (CWA). The proposed revision would incorporate new requirements added by the Oil Pollution Act of 1990
that direct facility owners and operators to prepare plans for responding to a worst case discharge of oil and to a substantial threat of such a discharge. Other regulatory changes to
strengthen the existing regulation also are proposed. DATES: Comments must be submitted on or before April 19. 1993, ADDRESSES: Comments: Comments should be submitted in triplicate to:
Emergency Response Division, Attention: Superfund Docket Clerk, Docket Number SPCC-2P, Superfund. Docket, room M2427 (mail code OS24S), 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
MStreet, SW., Washington. DC 20460 [Docket Number SPCC-2Pl.The docket is available for inspection between 9 a.m. and 4 p.m., Monday through Friday, excluding Federal holidays. Appointments
to review the docket can be made bycalIing 202-2603046. The public may copy a maximum of 266 pages from any regulatory docket at no cost. If the number of pages copied exceeds 266, however,
a charge of 15 cents will be incurred for each page copied after 100 pages, plus a $25,00 administrative fee. . FOR FURTHER INFORMATION CONTACT: Bobbie Lively-Diebold, Response Standards
and Criteria Branch, Emergency Response Division (0S-210), U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC. 20460 at 703-356-8774; the ERNSI SPCCInformation lineal
202-260-2342; or the RCRA/Superfund Hotline at 800424-9346 (in the Washington, DC metropolitan area, 703-92D-9810). The Telecommunications Device for the Deaf (TOD) Hotline number is
800-553-7672 (in the Washington, DC metropolitan area, 703-486-3323). SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in the following outline: I. Introduction A.
Statutory Authority· B. The OU Pollution Act of 1990 C. This Rulemaking II. Alternative Approaches for Identifying Facilities Subject to Facility Response Plan Requirements A. Option
One B. Option Two III. Proposed Approach for the Implementation of Facility Response Plan Requirements A. Procedures and Deadlines-§§ 􀀱􀀱􀀲􀁾􀀲􀀰 (a) Through (e) B. Selection Criteria-§
112.20(f) and AppendixC C. Environmentally Sensitive AreasAppendixD D. Definition of Worst Case DischargeAppendixE E. Tiered Response Planning F. The Determination and Demonstration
of Adequate Response CapabilityAppendixF G. Response Plan Elements-§§ 112.20(g) and (h), and Appendix G IV. Relationship of Facility Response Plan Requirements to Other Programs V. Proposed
Revisions to Existing 40 CFR part 112 Plan Requirements A. Prevention Training B. Ensuring Against Brittle Fracture C. SPCC Plan Amendment . D. Authority to.Require Preparation of .
Plans .. E. Submission of Plans That Contain a Waiver of Technical Requirements VI. Other Technical Considerations Not Proposed VII. Regulatory Analyses A. Executive Order 12291 B. Regulatory
Flexibility Act C. Paperwork Reduction Act I. Introduction A. Statutory Authority Section 4202(a)(6) of the Oil Pollution Act of 1990 (OPA), Public Law 101-380, amends section 311(j)
of the Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), and requires the President to issue regulations that require owners or operators of tank vessels
or offshore facilities or certain onshore facilities to prepare and submit to the President plans for, among other things, responding, to the maximum extent practicable, to a worst case
discharge of oil and to a substantial threat of such a discharge. Section 311(j)(1)(C) of the CWA, authorizes the President to issue· regulations establishing procedures, methods, equipment,
and other requirements to prevent discharges of oil from vessels and facilities and to contain such discharges. See 33 U.S.C. 1321(j)(1)(C). The President has delegated the authority
to regulate nontransportation-related onshore facilities under section311(j)(1)(C) of the CWA to the U.S. Environmental Protection Agency (EPA of the Agency). See Executive Order 12777,
section 2(b)(1), 56 FR 54757 (October 22, 1991), superseding Executive Order 11735, 38 FR 21243. By this same Executive Order, the President has delegated similar authority over transportationrelated
onshore facilities, deepwater ports, and vessels to the U.S. Department of Transportation (DOT) and authority over other offshore facilities, including associated pipelines, to the U.S.
Department of the Interior (DOl). A Memorandum of Understanding (MOU) between the Secretary of Transportation and the EPA Administrator, dated November 24, 1971 (36 FR 24080), establishes
the definitions of non-transportation-related facilities and transportation-related facilities. The definitions from the MOU are included in appendix A to 40 CFR part 112. B. The Oil
Pollution Act of 1990 The OPA was enacted to expand prevention and preparedness activities, improve response capabilities, ensure that shippers and oil companies pay the costs of spills
thatdo occur, and establish an expllnded research and development program. The Act establishes a new Oil Spill Liability Trust Fund, administered by the United States Coast Guard (USCG).
As provided in sections 2002(b), 2003, and 2004 of the OPA, the new Fund replaces the fund established under section 311(k) of the CWA and other oil pollution funds. Section 4202(a)
of the OPA amends CWA section 311(j) to require regulations that provide thaf owners or operators of facilities prepare and submit "a plan for responding, to the maximum extent practicable,
to a worst case discharge, and to a substantial threat of such a discharge, of oil or a hazardous substance." This requirement applies to any onshore facility that, "because of its location.
could reasonably be expected to cause "substantial harm" to the environment· by discharginginto or on the navigable waters, adjoining shorelines, or the exclusive economic zone," Today's
proposed revisions address only plans for responding to discharges of oil. Implementation of the OPA provisions addressing hazardous substance
Federal Register I Vol. 58, No. 30 (Wednesday, February 11, 1993 I Proposed Rules 8825 response plans will be addressed in a subsequent rule. CWA section 311(j)(5)(C) sets forth certain
minimum requirements for facility response plans. The plans must: • Be consistent with the requirements of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP)
and Area Contingency Plans (ACPs); • Identify the qualified individual having full authority to implement removal actions, and require immediate communications between that individualand
the appropriate Federal official and the persons providing removal personnel and equipmentj • Identify and ensure by contract or other approved means the availability of private personnel
and equipment necessary to remove, to the maximum extent practicable, a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial
threat of such a dischargej • Describe the training, equipment testing, periodic unannounced drills, and response actions of persons at the facility to be carried out under-the plan
to ensure the safety of the facility and to mitigate or prevent a discharge or the substantial threat of a discharge; and • Be updated periodically. Under section 311(j)(5)(DJ, additional
review and approval provisions apply to response plans prepared for onshore facilities that, because of their location, "could reasonably be expected to cause "significant and substantial
harm" to the environment by discharging into or on the navigable waters or adjoining shorelines or the exclusive economic zone." (emphasis added) Pursuant to authority delegated in Executive
Order 12777, EPA is responsible for the following activities for each of these response plans at non-transportationrelated onshore facilities: • Promptly review the response planj •
Require amendments to any plan that does not meet the section 311(j){5) requirements; • Approve any plan that meets these requirements; and • Review each plan periodically thereafter.
The OPA requires that owners or operators of facilities that could cause "substantial harm" to the environment by discharging oil must submit their response plans to EPA (as delegated
by the President in Executive Order 12777) by February 18, 1993, or stop handling, storing, or transporting oil. In addition, under CWA section 311(j){5) and OPA section 4202(b){4),
a facility required to prepare and submit a response plan under the OPA may not handle, storti, or transport oil after August 18, 1993 unless: (1) In the case of a facilityfor which
a plan is reviewed by EPA, the plan has been approved by EPAj and (2) the facility is operating in compliance with the plan. The statute provides that a facility may be allowed to operate
without an approved response plan for up to two years after the facility submits a plan that is to be reviewed, if the owner or operator certifies that he or she has ensured by contract
or other approved means the availability of private personnel and equipment necessary to respond, to the maximum extent practicable, to a worst case discharge, or a substantial threat
of such a discharge. . . Under the OPA, facility owners or operators who 􀁾􀁡􀁩􀁬to comply with section 311(j) requirements are subject to new administrative penalties and more stringent
judicial penalties than those imposed previously under the CWA. Section 4301(b) of the OPA amends CWA section 311(b) to authorize a civil judicial penalty of $25,000 per day of violation
for failure to comply with regulations underCWA section 311(j). In addition to these civil penalties. OPA section 4301(b) amends CWA section 311(b) to authorize administrative penalties
for failure to comply with section 311(j) regulations of up to $10,000 per violation, not to exceed $25,000 for Class I penalties, and up to $10,000 per day per violation, not to exceed
$125.000 for Class IT penalties. Revisions to the penalty provisions are applicable to violations occurring after the August 18, 1990. enactment of the OPA. Violations occurring before
enactment of the OPA remain subject to penalty provisions originally set forth in CWA section 311. C. This RuJemaking As discussed in section I.A of this Preamble, the Agency proposes
revisions to the Oil Pollution Prevention regulation to implement OPA response plan requirements as well as several other technical requirements. After consideration of comments received
in response to this proposed rule, a final rule will be promulgated. If 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 ofits intent to hold any public hearing in the Federal R.egister. Any statements
made at such a hearing would be included in the public record of the rulemaldng. Until the Agency . promulgates a final rule that . implements the provisions ofCWA section 311{j){5),
owners and operators of onshore, 􀁮􀁯􀁮􀁾􀁴􀁲􀁡􀁮􀁳􀁰􀁯􀁲􀁴􀁡􀁴􀁩􀁯􀁮􀂷􀁲􀁥􀁬􀁡􀁴􀁥􀁤 facilities that handle oil may use this proposed rule as guidance to meet the CWA's requirements
for facility 􀁲􀁥􀁳􀁰􀁯􀁾􀁳􀁥 plans. n. Alternative Approaches for Identifying Facilitillll Subject to Response Plan R.equirements The Agency investigated two approaches to identifying
facilities· subject to facility response plan requirements (facilities that could cause "substantial harm" to the environment) under this proposed rulemaldng. The . major differences
between the . approaches are: (1) The extent of the regulated community affected by the response plan requirements, and (2) the process to determine which facilities could cause "substantial
harm" to the environment. including the selection method and criteria. The two alternatives are outlined briefly below followed by a more detailed discussion of each.option. EPA proposes
the first option but requests comment on the relative merits of both options. Under Option I, EPA would propose to implement the OPA response plan requirements as follows: • Facilities
that could cause !'substantial harm" to the environment by discharging oil into navigable waters or adjoining shorelines must prepare and submit a facility response plan to EPAjand •
The Agency will review for approval, all plans submitted by facilities identified as having the potential to cause "significant and substantial harm" to the environment from such discharges.
. This option in part would use a process by which owners or operators would determine whether their facility could cause "substantial harm" to the environment. To complete the selfselection
process, oWners or operators would be required to evaluate their facility against a set of published criteria arranged in a flowchart. The criteria . include: Storage capacity, proximity
to sensitive environments and drinking water supplies, marine transfer operations, adequacy of secondary containment, and spill history. EPA is considering several alternative threshold
levels for the storage capacity criterion. Facilities meeting one or a .. combination of the above criteria would be determined to have the potential to cause "substantial harm" and
would have to prepare and submit a response plan to the appropriate Regional . Administrator (RA). In addition. the RA would have the authority to determine that any'regulated facility.
regardless of the rtlsults ofthe self-selection screening
8826 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules process, has the potential to cause "substantial harm" based on similar criteria and taking into
account other site-specific characteristics and environmental factors. To determine whether a facility could cause "significant and substantial harm" to the environment. the RA would
consider other criteria in addition to the factors used in the "substantial harm" determination. Under Option 2, EPA would propose to require that: • All regulated facilities would have
to prepare a resJlonse plan; • Facilities t1iat could cause "substantial harm" to the environment by discharging into water bodies or adjoining shorelines would have to submit their
plans to EPA; • The Agency would review for approval plans submitted by facilities that could cause "significant and substantial harm" to the environment from such discharges: and •
Certain small, low-risk facilities with secondary containment structures would be allowed to prepare an abridged version of a response plan. EPA would select "su6stantial harm" and "significant
and substantial harm" facilities using risk-based screening criteria and Regional knowledge. A. Option One Under Option 1, EPA would propose to implement the CWA section 311(j)(5) requirements
that: (1) The owner or operator of a facility that could cause "substantial harm" prepare and submit a response plan, and (2) facilities that could cause "significant and substantial
harm" to the environment have their plans promptly reviewed for approval by EPA. This approach is consistent with the OPA legislative history, which supports the Agency's position that
only a subset of all submitted onshore facility response plans would be reviewed and approved. See H.R. Rep. No. 101-653, 101st Congo 2d Sess. 1991 at p. 150. "Substantial Harm" Facility
Selection Process and Criteria Under this option, several processes would be used to identify those facilities required to prepare and submit response plans. Facility owners and operators
would be required to evaluate their facilities for the potential to cause "substantial harm" to the environment using criteria published in the proposed rule. Owners and operators would
be aided in this evaluation by a flowchart designed to determine whether a facility meets the criteria and has the potential to cause "substantial harm." Instructions for the use of
the flowchart would be provided to help owners and operators apply the criteria. Under this option, owners or operators of facilities determined not to have the potential to cause "substantial
harm" would be required to certify that their facility did not meet the criteria as contained in the flowchart. The criteria that would be used to help identify the universe of "substantial
harm" facilities would include facility storage capacity. proximity to sensitive environments and drinking water supplies, the existence of secondary containment, spill history, and
the nature of the facility's marine transfer operations. As described in section II1.B of this preamble, in addition to oil storage capacity and the proximity to potable water supplies
and environmentally sensitive areas (which are elements specifically referenced in the OPA Conference Report, see H.R. Rep. No. 101-653,101st Congo 2d Sess. 1991 at p. 150), EPA has
determined that the remaining criteria are elements that are closely related to the potential for a facility to cause "substantial harm" to the environment as a result of a discharge
of oil. EPA has arranged the criteria in a flowchart (see appendix C) that shows the decision tree by which owners and operators would determine whether their facility could pose "substantial
harm" to the environment. As presented in the flowchart, a facility would be determined to have the potential to cause "substantial harm" to the environment if either of the ..following
two screening criteria are met: (1) The facility's total oil storage capacity is greater than or equal to 1 million gallons, and one of the following is true: • The facility is located
at a distance (as calculated using the appropriate formula in appendix C or an alternative formula considered acceptable by the Regional Administrator) such that a discharge from the
facility would shut down operations at a public drinking water intake; • The facility is located at a distance (as calculated using the appropriate formula in appendix C or an alternative
formula considered acceptable by the Regional Administrator) such that a discharge from the facility could cause injury to an environmentally sensitive area; • The facility does not
have secondary containment for each aboveground storage area sufficiently large to contain the capacity of the largest aboveground storage tank within each storage area; or • The facility
has had a reportable spill greater than or equal to 10,000 gallons within the last 5 years. (2) The facility transfers oil of any kind over water to or from vessels and has a storage
capacity greater than or equal to 42,000 gallons. 􀁾􀁐􀁁 recognizes that large-capacity facilities have a greater potential for causing spills and subsequent environmental damage. EPA
also considered an alternative storage capacity cut-off of 200,000 gallons under the first screen for Option 1. EPA requests comment on the appropriateness of the use of the 1 million
gallon or 200,000 gallon size cut-off in the determination of "substantial harm" and information on any data relevant to this factor. Under this option. the RA would have the authority
to screen facilities using the same criteria that facility owners or operators would use under the selfselection process. This step will serve to verify that owners or operators are
applying the screening criteria correctly. To determine substantial harm, the RA could also evaluate the risk posed by a facility using, among other things, general risk factors (Le.•
proximity to sensitive environments and drinking water intakes) similar to the specific criteria discussed above. Moreover, because of the potential variation in site-specific characteristics
and environmental factors, as well as the possible relevance of factors not specified in the criteria provided for owners and operators to screen their facilities, the RA would maintain
the ability to consider other risk-based factors in making his or her determination. Regional knowledge about the compliance history of a particular facility, as well as other sitespecific
circumstances that affect the risk of harm from a discharge. are examples of such factors. EPA solicits comment on the appropriateness of these criteria for use by the facility owner
or operator and the RA to determine whether a facility could cause "substantial harm" to the environment. "Significant and Substantial Harm" Facility Selection Process and Criteria Under
Option 1, the RA would further assess the risks posed by an individual facility in order to identify the subset of "substantial harm" facilities that could cause both "significant and
substantial" harm to the environment. In making this determination. the RA would use the "substantial harm" factors as well as other information, including: information from submitted
plans, facility compliance history, age oftanks, proximity of discharge sources to navigable waters and additional areas of environmental concern, Regional site
Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules 8827 characteristics, and local impacts on public health. Although based on a set of national criteria.
this prioritization may differ from Region to Region depending on the relative importance of certain factors within a particular area. In addition to those facilities identified to meet
the OPA's August 18, 1993, deadline, EPA also may in the future identify additional facilities as having the potential to cause "significant and substantial harm." As stated above. those
facilities identified as having the potential to cause "significant and substantial harm" to the environment would be required to have their response plans reviewed for approval. EPA
solicits comment on the appropriateness and relative importance of the selection criteria in the RA's determination of "significant and substantial harm." Also. the Agency requests comment
on whether the RA Should consider additional facility characteristics. such as the complexity and throughput of a facility's operations and type of product stored in the determination
of "significant and substantial harm." B. Option Two EPA also is considering a second approach to the implementation of response plan requirements, based on the authority contained in
CWA subsections 311(j) (1) and (5). Under this option, all regulated facilities would be required to prepare facility response plans; certain small. low-risk facilities with secondary
containment structures would be allowed to prepare an abridged version of a response plan. Under this approach, only "substantial harm" facilities would be required to submit plans to
EPA and "significant and substantial harm" facilities would have their plans reviewed and approved. All other owners and operators subject to the regulation would only have to prepare
a facility response plan that would be kept at the facility. Facility Selection Process and Criteria The responsibility to determine "substantial harm" and "significant and substantial
harm" facilities under this approach would rest entirely with the Agency. The RA would determine which facilities fall within each category using the risk-based screening criteria discussed
under Option 1. The remaining aspects of Option 2 are essentially similar to those presented under Option 1. m. Proposed Approach for the Implementation of Facility Response Plan Requirements
EPA proposes Option 1 for identifying facilities subject to response planning requirements. Only owners or operators of facilities that could cause "substantial harm" to the environment
would be required to prepare and submit plans. EPA would then review and approve only those plans submitted by facilities that could cause "significant and substantial harm" to the environment.
Risk-based criteria for evaluating the potential to cause "substantial harm" and "significant and substantial harm" are published in § 112.20(0 of today's proposed rule. The "substantial
harm" determination would be accomplished, in large part, through a facility self-determination process which uses the criteria in proposed § 112.20(0(1) in conjunction with the flowchart
proposed in appendix C to the rule. In addition, each RA would have the authority to determine that other facilities could cause "substantial harm" to the environment based on the specific
criteria in proposed § 112.20(0(1) or the general factors in proposed § 112.20(0(2), including other sitespecific characteristics and environmental factors that may be relevant. The
"substantial harm" criteria are discussed in detail in Section m.B of this preamble. IB applying these factors, the RA may seek input on specific facilities from other agencies such
as the USCG. The RA also may consider petitions from the public to determine whether a facility could cause "substantial harm" to the environment. Those facilities submitting plans would
be required to include a response plan cover sheet (as provided in appendix G), which indicates that the information contained in the plan is accurate and which provides a basic basic
summary of facility information including the results of the selfselection for the "substantial harm" determination. Under proposed § 112.20(e), facilities not required to submit plans
would be required to maintain on-site a certification form indicating that the facility was determined not to pose the threat of "substantial harm" to the environment. EPA's formulas
for distance were designed to be simple to use. However, facilities may calculate planning distances using more sophisticated formulas, which take into account broader scientific or
engineering principles, or local conditions. Such alternative formulas may result in different planning distances than those distances calculated using EPA's proposed formulas in appendix
C. If an owner or operator chooses to use an alternative formula and determines that the facility could not cause substantial harm, the owner or operator must attach to the certification
form a brief explanation of the formula and its reliability, and demonstrate how calculations were made. In addition, the owner or operator would be required to notify the RA in writing
that an alternate formula was used to determine that the facility does not pose a threat of substantial harm. More information concerning the use of alternative formulas is provided
in section m.B of this Preamble and in appendix C of the proposed rule. To determine whether a facility could cause "significant and substantial harm" to the environment. the RA would
consider the "substantial harm" criteria in proposed § 112.20(0(2) as well as additional factors in proposed § 112.20(0(3), including site-specific information relating to such things
as local impacts on public health. Section m.B of this preamble discusses the criteria to be used by RAs in their determination of a facility's potential to cause "significant and substantial
harm" to the environment. A. Procedures and DeadJjnes-§§ 112.20 (a) through (e) 1. Preparing, Submitting, and Reviewing Plans As discussed above, the Agency proposed two ways a facility
can be screened as having the potential to cause "substantial harm"; one involving a self-effectuating process and the other involving an Agency determination. EPA may identify some
facilities as having the potential to cause "substantial harm" that may not have been identified in the self-selection process. Self-Selection-§ 112.20(a). The owner or operator of an
existing facility that meets the criteria proposed in§ 112.20(0(1) would be required to prepare and submit a facility response plan to the appropriate RA by February 18,1993, in order to meet the OPA deadline for plan submission. EPA proposes
in § 112.20(a)(2) that owners or operators of all regulated facilities must determine whether a response plan is required for their facility based on the "substantial harm" criteria.
Proposed § 112.20(0(1) would require that an owner or operator use the flowchart in appendix C to apply these criteria. Appendix C provides information that is necessary for the owner
or operator to
8828 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules correctly apply certain of the criteria pr.oposed in § 112.20(f)(1). The Agency recognizes that
selfselection may occur after February 18. 1993, because of new facilities coming on-line and existing facilities subsequently meeting the criteria for "substantial harm" as a result
of a change in operations or site characteristics. To ensure consistency with the overall requirement to prepare and implement a Spill Prevention, Control, and Countermeasure (SPCC)
Plan as proposed in the Phase One Notice of Proposed Rulemaking (NPRM) (56 FR 54630; October 22, 1991), EPA proposes in § 112.20(a)(2) that: (1) NeWly constructed facilities be required
to prepare and submit a response plan prior to the start of operations (adjustments to the response plan can be made and submitted to the Agency after an operational trial period of
60 days); and (2) existing facilities that become subject to the response plan requirements as the result result of a planned change in operations be required to prepare and submit a
response plan prior to the implementation of changes at the facility. For example, a facility located near an environmentally sensitive area that plans to increase its maximum oil storage
capacity to one million gallons subsequently would be determined (according to the flowchart . in appendix C) to have the potential to cause "substantial harm," A facility planning such
a change would be required to prepare and submit a response plan prior to commencing the new operation. An existing facility, however, may become subject to the response plan requirements
through one or a combination of unplanned events, such as experiencing a reportable spill or the identification of a sensitive environment adjacent to the site during the ACP development
process as . described in section m.c of this preamble. These factors would cause the facility to meet the criteria for "substantial harm" as described in the . flowchart. For example,
a facility with a total storage capacity greater than one million gallons that experiences a reportable spill exceeding 10,000 . gallons would meet the proposed "substantial harm" criteria
as indicated in the flowchart in appendix C. In the event of such an unplanned change in . a facility's risk classification, the owner or operator would be required to prepare and submit
a response plan to the RA within six months of when the change occurs (see proposed § 112.20(a){2)(iv». Agency Determination/Notification for Substantial Harm-§ 112.20(bJ, As proposed
in § 112.20(b), in the event the Agency determines that a facility may pose a threatof"substantial harm" based on the factors in proposed § 112.20(f)(2), the RA would notify in writing
the owner or operator of the facility that he or she is required to prepare and submit a facility response plan. To make such a determination, the RA could apply the factors as specified
in the flowchart for facility selfselection. Non-notification by the RA would not exempt facilities from the requirement to prepare and submit response plans by February 18,1993, if
they meet the self-selection criteria in the proposed flowchart in appendix C. Under this approach, facilities identified by the RA as having the potential to cause "substantial harm,"
inclUding new facilities and facilities undergoing a change in operations or facility-specific characteristics, would have six months after notification to prepare and submit a response
plan to the appropriate RA. In addition to those facilities identified to meet the OPA's February 18, 1993, deadline, EPA also may in the future identify additional facilities as having
the potential to cause "substantial harm" to the environment. Plans submitted by those facilities identified by the RA as having the potential to cause "substantial harm" to the environment
will be reviewed by the RA to determine if the facility has the potential to cause "significant and substantial harm" to the environment. EPA proposes Yn § 112.20(f)(2)(ii) to allow
interested members of the public or Federal, State, or local agencies an opportunity to petition the RA to determine whether a specific facility could cause "substantial harm" to the
environment. Under this procesl!.' the petitioner would have the opportunity to submit in writing a discussion of how the. "substantial harm" criteria proposed in § 112.20(f)(2)(i) apply
to the facility in question. The RA would evaluate such petitions in making a . determination of whether the facility could cause "substantial harm" to the environment. The factors the
RA would consider to determine whether a facility could cause "substantial harm" are discussed in section IV.B of this preamble. Agency Determination/Notification for Significant and
Substantial Harm § 112.20(c}. As proposed in § 112.20(c)(1), the RA would notify in writing the owner or operator of a facility determined to have the potential, based on the criteria
in proposed § 112.20(f)(3),to cause "significant and substantial harm" that his or her response plan will be reviewed for approval. This process would allow facility owners or operators
the opportunity to seek, if necessary, authorization from the RA to operate temporarily without an approved response plan. In addition to those facilities identified to meet the OPA's
August 18, 1993, deadline. EPA in the future also may identify additional facilities as having the potential to cause "significant and substantial harm." As proposed in § 112.20(c)(1),
RAs would be required to periodically review approved response plans from facilities determined to have the potential to cause "significant and substantial harm" to the environment,
in addition to reviewing plans submitted to meet the OPA deadline. EPA solicits comment how frequently the RA should review approved facility response plans, and, in particular, whether
three years is an appropriate period between plan review. The following section discusses additional revisions proposed in § 112.20(c). OPA Deadlines for "Substantial Harm" and "Significant
and Substantial Harm" Facilities. The OPA sets forth specific timing requirements for when facility owners or operators must prepare and submit response plans to the RA, and the consequences
of not submitting a plan when required. If the owner or operator of a facility required to prepare and submit a plan to the RA has not done so by February 18, 1993, that facility must
stop handling, storing. or transporting oil. Further, a facility not operating in compliance with the response plan after August 18, 1993, must stop handling. storing, or transporting
oil. The OPA does not specifically address events occurring after the statutory deadlines and leaves implementation of the facility response plan requirement with regard to facilities
identified after the statutory deadline to the discretion of the Agency. The Agency interprets the statute as not requiring that a faCility determined to have the potential to cause
"substantial· harm" to the environment that has not submitted a facility response plan by February 18,1993, must stop handling. storing, or transporting oil until such a plan is submitted,
if the determination is made after February 18, 1993. The . Agency believes its interpretation of the OPA, which allows six months from the time of discovery or notification that a facility
could cause "substantial harm" to prepare and submit a plan, is reasonable and consistent with the objectives of the OPA. EPA requests comment on the choice of a six-month time frame
versus a shorter period for development of a plan. . According to the OPA, a facility· required to have its response plan
Federal Register J Vol. 58, No. 30 J Wednesday, February 17, 1993 J Proposed Rules 8829 reviewed arid approved must stop handling. storing, or transporting oil unless the plan has been
approved by August 18, 1993. However, as indicated in the OPA Conference Report (H.R. Rep. No. 101-653, 101st Cong., 2d Sess. 1991 at p. 151), the number of plans requiring review may
prevent the RAs from reviewing all response plans by the statutory deadline. Thus, CWA section 311(j)(5)(F) allows the owner or operator of a facility to seek Federal authorization to
operate for up to two years after the plan has been submitted for approval if the owner or operator has certified that he or she has ensured by contract or other federally-approved means
the availability of private personnel and equipment necessary to respond, to the maximum extent practicable. to a worst case discharge or substantial threat of such a discharge. As discussed
in section I.B of this preamble, a related OPA requirement is that response plans shall identify, and ensure by contract or other federallyapproved means the availability of private
personnel and equipment necessary to remove a worst case discharge. Although the response plan would already identify such resources, the requirement to certify their availability is
necessary only when plan approval is required and cannot take place before the statutory deadline. Such a situation could arise if a large number of plans require approval. The Agency
proposes in § 112.20(c)(2) that if notified by EPA that a submitted response plan requires approval and that approval will not be forthcoming prior to the August 18, 1993, deadline,
the owner or operator of the facility has 30 days to certify and provide a copy of a signed contract or other approved means demonstrating the availability of adequate resources. The
RA would determine whether the response resources identified in the facility's response plan were adequate. Guidelines for the determination and demonstration of adequate response capability
are dis.cus,sed in detail in Section 􀁭􀁾􀁊􀁴􀀺 ol 􀁾􀁩􀁳 preamble. 2. Owner or Operator Participation in RA Determination EPA considered several options for allowing the owner or operator
to participate in the RA's determination process. Under one option, the Agency would allow an owner or operator to appeal the RA's determination that a facility poses a threat of "substantial
harm" or "significant and substantial harm." Under this option, the Agency would use the procedures described in § 112.4(f) of the existing regulation. The appeal would have to be made
to the EPA Administrator in writlngwith,in 30 days ofnotification by the RA that the facility could cause "substantial ha11D" or "significant and substantial harm" to the environment.
The appeal would have to contain a clear and concise statement of why the facility does not pose a threat of "substantial harm" or "significant and substantial harm" and could contain
other information the owner or operator believes to be relevant to the determination. The EPA Administrator or his or her designee would then render a decision on the appeal and would
notify the owner or operator of the decision. Under a second option, EPA would allow no formal Agency appeals process for determinations of "substantial harm" or "significant and substantial
harm." As a third option, EPA would select an intermediate approach that would allow the facility owner or operator to provide information and data and to consult with the RA about the
determination. Following this consultation. the RA would make a final determination on whether the facility could cause "substantial harm" or "significant and substantial harm" to the
environment. The Agency solicits comment on an appeals process for determinations of "substantial harm" and "significant and substantial harm" . by the RA. Also, the Agency requests
comment on a process to allow an owner or operator of a facility that could cause "significantand substantial harm" to appeal a decision by the RA not to approve a facility response
plan. 3. Plan Plan Resubmittal-8ection 112.20(d) As discussed above, the RA would periodically review approved facility response plans from facilities determined to have the potential
to cause "significant and substantial harm" to the environment. Proposed § 112.20(d)(1) would require the owner or operator to resubmit the plan for approval within 60 days of each materia:!
change in the plan. A material change is 􀁯􀁾􀁥 that could affect the adequacy ofa facility's response capabilities, such as the ability to . respond to a worst case 􀁤􀁩􀁳􀁣􀁨􀁡􀁲􀁧􀁾􀀮
. '.' Examples of material changes include: a significant change in facility capacity, configuration. or type of oil handled; changes in the capability or availability of response contractors;
and changes in spill prevention equipment or response procedures which may affect the potential for a discharge to cause "significant and substantial harm" to the environment. In addition,
CWA section 311(j)(5)(C) requires that a facility response plan be consistent-with the ACP. Therefore, a review of the ACP (when it is made available and annually thereafter) might prompt
changes to the facility response plan that could trigger plan resuhmittal (e.g., identification of sensitive environments that could be affected by a discharge from the facility). Plan
revisions that affect only names or phone numbers (e.g.• changes to the emergency notification list) would not require resubmission for approval under proposed § 112.20(d)(2). EPA proposes
in § 112.20(d)(2), however, that owners or operators submit changes to the notification list to the appropriate RA, as the revisions occur. The Agency requests comment on the proposed
requirement to submit changes in the call-down list to the RA. 4. Facilities Not Posing "Substantial Harm" to the Environment-8ection 112.20(e) Facilities that are determined not to
have the potential to cause "substantial harm" would not be required to prepare and submit a response plan as described in proposed § 112.20. Such facilities, however, that have determined
that the installation of structures or equipment listed in § 112.7(c)(1) is not practicable are required under the existing regulation to prepare but not submit "a strong oil spill contingency
plan." As ' discussed in section Vof this preamble, EPA proposes to clarify the existing requirement to provide "a strong oil spill contingency plan" by referencing the proposed response
plan requirements contained in § 112.20. EPA proposes in § 112.20(e) to require that owners or operators of those regulated facilities not submitting response plans complete and maintain
at the facility with the SPCC Plan a certification form (see appendix C) that indicates that the facility is determined not to have the potential to cause "substantial harm" to the environment
as indicated by the "substantial harm" .flowchart published in appendix C. B. Selection Criteria-§ 112.20(fl and AppendixC The following paragraphs present a discussion of the criteria
that would be used to select "substantial harm" and "significant and substantial harm" facilities. The criteria proposed in § 112.20(f) to determine facilities that could cause "substantial
harm" to the environment include: Type of marine transfer operation; oil storage capacity; lack of secondary containment; _ proximity to environmentally sensitive areas; proximity to
public drinking water intakes; and spill history. For selfselection purposes under § 112.20(a), the "substantial harm" criteria in proposed § 112.20(f)(1) have been
8830 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules arranged in a flowchart (see appendix C to the rule) to be used by owners and operators in determining
if they must submit a response plan to the Agency for their facility. The proposed flowchart is a decision tree that indicates the combinations of these criteria that would lead to the
determination that a facility could cause "substantial harm" to the environment. Appendix C also provides additional information in Attachment e-m (i.e., distance calculations) that
is used to apply the criteria in the flowchart. EPA recognizes that the owner or operator of a regulated facility may determine that a facility has the potential to cause substantial
harm to the environment without having to assess every criterion in the flowchart. RAs would apply general "substantial harm" factors in § 112.20(f)(2), which are broader than the specific
criteria set forth for owners or operators in making their determination of a facility's potential to cause "substantial harm" to the environment. In addition to the "substantial harm"
factors, RAs would be able to consider additional factors in making their determination of a facility's potential to cause "significant and substantial harm" to the environment, including:
The age of a facility's tanks; proximity to navigable waters and environmental areas of concern; spill frequency; as well as other facility-specific and Regionalspecific information
(e.g., local impacts on public health). The Agency requests comment on the appropriateness and relative importance of the following factors in the determination of "substantial harm"
through selfselection or RA determination. "Substantial Harm" Criteria Type of Transfer Operation. Because of the complex nature of their operations, marine transfer facilities are more
likely to experience spill events into navigable waters and adjoining shorelines than other facilities. Such facilities are immediately adjacent to navigable waters and transfer oil
on a regular basis. Moreover, transfers to or from vessels (e.g., barges) at these facilities often involve large quantities of oil. As such. spills that do occur often enter directly
into navigable waters and may involve significant quantities of oil. Therefore, EPA proposes in § 112.20(O(1)(i) that any regulated facility that transfers oil products over water to
or from vessels, and that has a total oil storage capacity greater than or equal to 42,000 gallons, has the potential to cause "substantial harm" to the environment and must submit a
facility response plan. Many sites at which oil is transferred in bulk to or from a vessel are likely to include both transportation-related transfer facilities regulated by the USCG
and non-transportation-related oil storage facilities regulated by EPA. This combination of transportation-related and non-transportation-related facilities will be considered a complex
and will be subject to multi-agency jurisdiction. EPA and the USCG have coordinated to ensure that "substantial harm" selection criteria are similar in nature for both agencies. This
cooperation will lead to consistency between the agencies in the determination of "substantial harm" for facilities that transfer oil products to or from vessels over water. EPA and
the USCG would use similar criteria, including transfers over water of oil to or from a vessel to determine "substantial harm." Thus certain facilities regulated by EPA (oil storage
facilities) and the USCG (marine transfer facilities) would be determined to have the potential to cause "substantial harm" to the environment under both EPA and USCG regulations. EPA
requests comment on the appropriateness of this substantial harm criterion as it may apply to facilities that fuel vessels. Oil Storage Capacity. The oil storage capacity of the facility
is another factor that would be considered in evaluating the potential for "substantial harm" posed by facilities. The larger the quantity of oil present, the larger the potential spill
and the resulting environmental environmental impact. Large discharges are also more likely to escape secondary containment and may damage nearby tanks, as occurred during the Ashland
Oil spill. Weakened tank integrity is of greater concern for tanks with large storage capacities where the resulting forces on the tank (created by large fluid volumes) are greater.
The Agency proposes in § 112.20(f)(1)(ii) that any facility with a total oil storage capacity greater than or equal to one million gallons in combination with one of the following four
"substantial harm" criteria would be determined under the self-selection process to have the potential to cause "substantial harm" to the environment: lack of secondary containment,
proximity to environmentally sensitive areas, proximity to public drinking water intakes. or spill history. Lack of Secondary Containment. The importance of secondary containment as
a means of preventing spills from reaching navigable waters is well documented. In a 1989 incident in Port Arthur, Texas, nearly 6 million gallons of crude oil were released from a storage
tank, but none of the oil reached nearby navigable waters because of the presence of adequate secondary containment. Such incidents. where the entire amount of oil released from the
tank remains within a secondary containment structure, are not reportable spills under 40 CFR part 110. Secondary containment structures, which meet the standard of good engineering
practice for purposes of 40 CFR part 112. can take many forms including berms. dikes, retaining walls. curbing. culverting. gutters. or other drainage systems. As described in § 112.7(e)(2)(ii),
secondary containment at bulk storage facilities must be able to hold the entire contents of the largest single tank plus have sufficient freeboard to allow for precipitation. The central
role of secondary containment as a preventive mechanism is underscored by the existing provision in § 112.7(d) that requires a facility . owner or operator to provide a strong oil spill
contingency plan when it is determined that the installation of structures or equipment to prevent discharged oil from reaching navigable waters is not rracticable. Given the importance
0 secondary containment, the Agency proposes in § 112.20(f)(1)(ii)(A) that any facility with an oil storage capacity greater than or equal to one million gallons. which lacks secondary
containment for all storage tanks, would be determined to have the potential to cause "substantial harm" to the environment. Proximity to Environmentally Sensitive Areas. A facility's
proximity to environmentally sensitive areas increases the potential for a spill to reach and damage these areas. in the event secondary containment measures fail. Therefore. such proximity
is an important consideration in the assessment of the existence of a threat of "substantial harm." The Agency proposes in § 112.20(f)(1)(ii)(B) that any facility with an oil storage
capacity greater than or equal to one million gallons that is located at a distance such that a discharge could cause injury to (e.g., damage or negatively affect productivity or ability
to propagate) an environmentally sensitive area would be determined to have the potential to cause" substantial harm" to the environment. EPA proposes in § 112.2 to define "injury" as
a measurable adverse change, either long-or short-term. in the chemical or physical quality or the viability of a natural resource resulting either directly or indirectly from exposure
to a discharge of oil, or exposure to a product of reactions resulting from a discharge of oil. This
Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules 8831 definition is derived from the definition of "injury" in the Natural Resources Damage Assessments
Final Rule at 43 CFR part 11 (51 FR 27727. August 1, 1986), which encompasses the phrases "injury," "destruction," and "loss." The language proposed at 40 CFR 112.2 differs only in that
hazardous substances are not included in the definition because today's response plan rulemaking does not address hazardous substances. The definition of "injury" is applied by natural
resource trustees to assess the damage to natural resources from oil spills. Because natural resource trustees have extensive experience in evaluating the impacts of oil spills on natural
resources based on this definition, the Agency believes that the definition is an appropriate gauge to assess the potential to cause substantial harm to the environment. EPA requests
comment on the appropriateness of defining "injury" in such a manner. Appendix D Identifies areas that may be considered environmentally sensitive. As discussed in section lILA of this
preamble, the owner or operator would be required to apply the "substantial harm" criteria in conjunction with the flowchart contained in appendix C. For purposes of self-selection,
Attachment C-III to appendix C provides formulas that owners or operators could use to determine appropriate distances from the facility for environmentally sensitive areas. Owners or
operators may use an alternative formula(s) as long as it achieves results consistent with the purposes of this requirement and is considered acceptable to the RA. EPA considers an acceptable
alternative formula to be one that is equivalent in terms of reliability and analytical soundness. As proposed at § 112.20(a)(3), owners or operators that use an alternative formula
would be required to provide documentation with the response plan cover sheet on the reliability and analytical soundness of the formula. EPA does not anticipate that extensive documentation
will be necessary to assess the appropriateness of alternative formulas. Accordingly, owners or operators need only provide basic information on the origin and nature of the formula
as well as an example of how it was used to determine the appropriate distance for a particular facility. Owners or operators that use an alternative formula should consider the formula
acceptable unless notified otherwise by the appropriate RA. Appendix C to this part contains several different distance calculations based on oil transport on different types of media
(Le., fast-moving waters, still lakes and ponds, and land). EPA expects that the distance calculation for a fastmoving water body will apply to most of the facilities that complete the
substantial harm screen. This calculation is based on the velocity of the water body and the time intervals for the arrival of response resources. The flow velocity of the water body
has a direct effect on how far the oil will travel before response actions can be employed to contain the release. For moving water bodies, velocity is determined through the use of
an equation that models the flow of water in open channels. To calculate the velocity, owners or operators would need to obtain information on river characteristics from the sources
listed in Table 2 of appendix C. Similarly, the more time it takes for emergency response personnel and equipment to arrive on-scene and deploy containment measures, the farther downstream
the released oil will travel from the origin of the spill. In highly populated areas, where a significant volume of marine traffic is present, response resources will be able to arrive
on-scene more quickly than in remote areas. The response times provided in Attachment C-III of appendix C are consistent with the response times guidelines of the USCG for spill response
contractors to arrive on-scene. A three-hour time period has been added to factor in the deployment of equipment. Facilities with oil storage capacities of greater than or equal to 1
million gallons are are believed to have the potential to discharge oil in quantities thatcould cause injury to a sensitive environment located within the downstream distance calculated
by the formula. For owners or operators of facilities that could discharge into a still water body, EPA has provided an alternative formula to determine the relevant distance. In addition,
appendix C provides information on how owners or operators should consider overland flow in the distance calculations. EPA requests data and comment on the appropriateness of the distance
calculations in appendix C for inland areas. In addition, the Agency requests comment on the appropriateness of using specified distances from the facility (e.g., 40 miles downstream)
in the determination of proximity to these areas. Proximity to Public Drinking Water Intakes. A facility's proximity to drinking water intakes increases the potential for a spill to
reach and contaminate or render inoperable these intakes. The OPA Conference Report states that the criteria developed to determine "substantial harm"and "significant and substantial harm" facilities should include location of potable water supplies (see H.R. Rep. No. 101-653, 101st Cong. 2d Sess. 1991 at p. 150). Therefore, EPA has
included proximity to drinking water intakes as a factor to consider in the determination of the potential to cause "substantial harm" to the environment. An example of a discharge that
affected potable water supplies is the January 1988 spill in Floreffe, Pennsylvania, when the rul'iure of an aboveground storage tank allowed 750,000 gallons of diesel oil to escape
containment, flow into a storm drain located in an adjacent parking lot, and subsequently reach the nearby Monongahela River. As a result of the spill, more than 70 communities in three
States stopped drawing water from the river. Such an interruption of public drinking water supplies can threaten the health and safety of affected communities. The Agency proposes in
§ 112.20(f)(1)(ii)(C) that any facility with an oil storage capacity greater than or equal to one million gallons that is located such that a discharge would shut down a public drinking
water intake would be determined to have the potential to cause "substantial harm" to the environment. EPA would define public drinking water intakes as those covered by the Safe Drinking
Water Act. The Agency solicits comment on whether private drinking water supplies should be included in the criteria for the determination of "substantial harm." As previously discussed
for environmentally sensitive areas, Attachment C-III to appendix C provides formulas that owners or operators could use in calculating appropriate distances from the facility for purposes
of the assessment of the risk of affecting public drinking water intakes. EPA proposes that an alternative distance formula(s) acceptable to the RA could also be used in this determination.
As discussed above for environmentally sensitive areas, owners or operators that use an alternative formula would be required to provide documentation on the reliability and analytical
soundness of the formula. Spill History. Spill history is an important factor to consider in the assessment of risk to the environment posed by a particular facility. Because larger
spills can cause greater damage to the environment, the size of past spills may be an indication of the potential for a facility to cause "substantial harm" to the environment. EPA proposes
in § 112.20(f)(1)(ii)(D) that any facility that has a total oil storage capacity greater
8832 Federal R.egister I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules than or equal to one million gallons and that in the past five years has had a reportable spill
greater than or equal to 10,000 gallons would be determined to have the potential to cause "substantial harm" to the environment. The Agency requests comments as well as data on the
appropriateness of the use ofa spill size of 10,000 gallons for this criterion, as well as information on alternate spill sizes. Additional Criteria for Use by the Regional Administrator
in the Determination of "Significant and Substantial Harm" Discussed below are factors proposed in § 112.20(f)(3) that may be used by the RA, in addition to those contained in § 112.20(f)(2).
to determine whether a facility could cause "significant and substantial harm" to the environment. For purposes of determining "substantial harm," the RA would consider whether a facility
meets one of the factors in § 112.20(f)(2). Facilities that meet one or more of the "substantial harm" criteria, in . combination with any of the additional factors discussed below,
can present a greater risk of harm to the 􀁥􀁮􀁾􀁲􀁯􀁮􀁭􀁥􀁮􀁴􀀮 For purposes of making the "significant and substantial harm" determination, therefore, the RA would consider whether
a facility meets one or more of the "substantial harm" factors in combination with the following factors. EPA solicits comment on the appropriateness of the RA's use of the following
factors for the determination of "significant and substantial harm." Frequency ofPast Spills. In addition to the size of previous spills (as discussed under the section on "substantial
harm" criteria), the frequency of spill events is another important factor in assessing the potential for causing harm to the environment. A facility that has experienced multiple spills
in the last five years may pose a greater risk of experiencing a spill event in the future than those facilities that have not had a spill. Multiple spills in a relatively short time
period may have a cumulative effect on the impacted environment. Moreover, frequency of spills may be an indication of poor operating practices or a lack of training or prevention measures.
Examples of facilities that have had several spills in a single year include a facility in Baltimore, Maryland that reported 44 separate spill incidents from 1989 to 1990 and a facility
in Tupman, California that reported 14 spills in 1990 ranging in volume from 504 gallons to 3,780 gallons. Proximity to Environmental Areas of Concern. To assist owners or operators,
appendix D identifies areas that may be environmentally sensitive for purposes of the substantial harm determinati.:Jn. Appendix D also identifies additional areas of concern that the
RA may consider to identify "significant and substantial harm" facilities. Proximity to Navigable Waters. The proximity of a facility to navigable waters often directly influences the
probability that a discharge, which escapes secondary containment, will reach such waters. Often, the most environmentally damaging spills, such as the Ashland Oil spill, occur at facilities
whose boundaries border navigable waters. For example, all 20 worst case spills documented in the Technical Background Document which supports the Phase Two rulemaking occurred at facilities
whose closest opportunity for discharge was located within one-half mile of navigable waters. Tank Age. EPA has identified tank age as an additional factor that may be related to the
potential for a facility to cause "significant and substantial harm" to the environment. Older tanks tend to have weakened structural integrity, depending on the maintenance history
of the tank, increasing the risk of a spill. American Petroleum Institute (API) Standard 653 requires that the internal inspection intervals of tanks must not exceed 20 years. This limit
on the inspection int6rval reflects the age at which structurally related failures are more likely to occur. . Criteria EPA Considered but is not Proposing. Natural hazards ansi highrisk
environments may be other important factors in the assessment of the risk of a facility posing "substantial harm" to the environment. Facilities that are located in areas prone to natural
hazards (i.e., floods, hurricanes, and earthquakes) may pose a greater threat to the environment. Case studies from the Technical Background Document which support this proposed rulemaking
indicate that facilities susceptible to such events are more likely to have multiple tank failures and may have greater spill volumes than comparable facilities located outside these
areas. For example, in November 1990, heavy rains and flooding washed away two aboveground storage tanks at a facility in Alaska and caused a 16,000 gallon spill into DiomedeHarbor.
Examples of large spills that involve facilities located in hurricane zones are well documented. Most recently, on September 17, 1989, Hurricane Hugo destroyed five 4.2 million gallon
oil storage tanks on the south coast of St. Croix, U.S. Virgin Islands. Over 420,000 gallons of crude and No.6 oil were discharged from the damaged tanks, with 42,000 gallons of oil
reaching the waters of Limetree Bay. In addition to risks posed by natural hazards, proximity to high-risk environments may be another important factor to consider in assessing the potential
for a facility to cause harm to the environment. Karst and unstable terrains and areas with ground water concerns (e.g., recharge zones) are examples of such high-risk environments that
may deserve consideration. For example, a tank located on unstable terrain, such as a sink hole could fail, releasing its contents to the ground water, if the substrate providing a foundation
for the tank were to shift suddenly by a significant amount. For tanks located near certain ground water zones that have a direct connection to surface waters, discharges that enter
the ground water have the potential to reach surface waters. EPA does not have sufficient data available in a form that will substantiate including natural hazards and high-risk environments
among the criteria for "substantial harm" determination and is therefore not proposing them in today's rulemaking. The Agency requests comment and supporting data on natural hazard factors
and high-risk environments as indicators for "substantial harm" determination. The Agency also considered proximity to cooling water intakes for electric utilities (including nuclear
power plants), as a risk factor for use in the determination of the threat of "substantial harm." Utilities need substantial lead time in the event of a spill to shut down operations
or implement alternative cooling mechanisms. Failure to shut down operations prior to contamination could lead to significant public health risks. EPA requests comments and supporting
data on whether cooling water intakes or other intakes, such as those for commercial process water or irrigation water should be considered in the assessment of the potential for a facility
to cause "substantial harm" to the environment. In addition, EPA solicits comment on other criteria, such as the type of product stored, throughput, and number and size of transfer operations,
that should be included in the selfselection process or that the RA should consider in making determinations of "substantial harm" and "significant and substantial harm" for specific
facilities. The Agency requests comment on whether more specific criteria should be used by the RA to identify those
Federal Register /Vol. 58, No. 30 /Wednesday, February 17, 1993 /Proposed Rules 8833 facilities that could cause significant and substantial harm to the environment. C. Environmentally
Sensitive AreasAppendixD The proposed rule provides that facilities and RAs must consider proximity to environmentally sensitive areas to determine the potential for a facility to cause
"substantial harm" to the environment. These areas may include: wetlands, National and State parks, critical habitat for endangered/threatened species, wilderness and natural areas,
marine sanctuaries, conservation areas, preserves, wildlife areas, scenic and wild rivers, seashore and lakeshore recreational areas, and critical biological resources areas. An interagency
"Sensitive Environments Technical Workgroup" provided input to ensure that consistent criteria were applied in identifying areas that may be of concern for facility-specific plans and
ACPs. As ACP development proceeds, Area Committees will identify and prioritize specific locations within the boundaries oftheir areas. These newly-identified environmentally sensitive
areas will eventually be incorpo"ated into the ACPs. Many ACPs may not be established prior to the OPA deadline for response plan submission. Thus, EPA proposes in § 112.20(g)(2) that,
upon completion of the ACP (for the Area in which the facility is located), facility owners or operators must review and, as necessary, revise their facility response plan to incorporate
information, such as additions to the list of sensitive areas and the designation of priority areas for protection as reflected in the ACP. In addition, the RA would have the authority
to determine, on a case-bycase basis, additional areas that possess ecological value (e.g., unique local areas or habitats). The Agency requests comment on whether additional areas should
be considered, such as shallow aquifers used as drinking water supplies or critical habitats closely hydrological linked to surface water that are subject to contamination by discharges
of of oil. EPA is particularly interested in receiving comment on whether the list should include wellhead protection areas as defined in section 1428 of the Safe Drinking Water Act.
The Agency believes that in some areas of the country there is anecdotal information indicating problems in ground water caused by oil spills from onshore facilities. This could be especially
true for areas with high water tables. EPA requests that commenters provide us examples of this type of ground water contamination. In . addition, EPA would like commenters to provide
comments on what action; if any, the Agency should take to address such oil spills. EPA has compiled information in appendix D (Attachments D-I, D-II, and D-III) to help owners and operators·
. identify specific geographical areas which may be among sensitive . environments. Attachment D-I provides a list of the Federal agencies responsible for management of the environmentally
sensitive areas. For more information on the various types of areas listed (including including maps), owners or operators can contact the responsible agency. Attachments D-II and D-m
would help owners and operators identify sensitive environments by providing information on designated critical habitats for National Marine Fisheries Service species and marine sanctuary
and estuarine reserves and also may be useful to owners and operators in preparing response plans if they are required. In addition, EPA has included in appendix D other reference information
on sensitive environments that may be useful to facility owners or operators during plan preparation. Specifically, attachments D-IV and D-V are intended to help owners and operators
prioritize sensitive areas according to their vulnerability to damage from oil spills for purposes of planning the deployment of response resources. EPA recognizes that those areas defined
as environmentally sensitive will change as the various Federal and State agencies responsible for designating the areas periodically update their lists. Owners and operators are expected
to ensure that facility response plans reflect the listings of sensitive environments published to a point in time 6 months prior to plan submission. For example. plans submitted to
meet the February 18, 1993, deadline would need to consider sensitive environments designated by the responsible agencies (see Attachment D-I of appendix D) as of August 18, 1992. A
6-month cutoff point for considering environmentally sensitive areas would also apply in situations where plans are periodically updated or resubmitted for approval of a material change.
Six months is believed to be a reasonable period to incorporate new information on sensitive environments and is consistent with other time frames related to the submission of materials
to EPA under the Oil Pollution Prevention regulation. The Agency requests comments on the appropriateness of a 6-month cutoff point for the consideration of sensitive environments. D.
Definition of Worst Case DischargeAppendixE OPA section 4202(a) requires that the President issue regulations providing that owners and operators of tank vessels, offshore facilities,
and certain onshore facilities prepare and submit response plans for responding, to the maximum extend practicable, to a worst case discharge of oil or a hazardous substance. Today's
proposal would identify the onshore, nontransportationrelated facilities that would be subject to this requirement, as described in section I.B of this preamble. OPA section 4201(b)
defines "worst case discharge" as: (1) In the case of a vessel, a discharge in adverse weather conditions of its entire cargo, and (2) in the case of an onshore or offshore facility,
the largest foreseeable discharge in adverse weather conditions. The OPA Conference Report (H.R. Rep. No. 101653, 101st Cong., 2d Sess. 1991) states that, in the case of facilities,
a more general definition of worst case is used because it is difficult to describe the entire capacity of some fixed facilities, such as pipelines. According to the Conference Report,
Congress intends facility owners or operators to prepare plans for responding to discharges that are worse than either the largest spill to date at the facility or the maximum probable
spill for that facility type. Options for Regulatory Definition In § 112.2, EPA proposes a regulatory definition of worst case discharge for onshore facilities. Specifying the definition
is important because to prepare a response plan for a worst case discharge, a facility owner or operator must determine a planning quantity that corresponds to the amount of oil that
could be discharged under worst case circumstances. The facility's worst case discharge volume will significantly affect the resources necessary. to implement the plan. EPA considered
three options for defining worst case discharge: (1) A discharge equal in amount to the aboveground storage capacity of the entire site or installation; (2) a discharge equal in amount
to the capacity of the largest single tank within a secondary containment area or the combined capacity of a group of aboveground . tanks permanently manifolded together within a common
secondary containment area lacking internal
8834 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules subdivisions,l whichever is greater; and (3) a discharge equal in amount to the capacity of the
largest single tank within a secondary containment area or the combined capacity of a group of aboveground tanks permanently manifolded together within a common secondary containment
area lacking internal subdivisions, whichever is greater, plus an additional quantity based on several parameters, including the adequacy of secondary containment and proximity to navigable
waters. EPA proposes Option 3 to determine a facility's worst case discharge for response planning. Option 3 would allow the definition of worst case discharge to reflect differences
among facilities based on location and the presence of secondary containment. The Agency concludes that these factors best reflect the flexibility represented by the definition of a
worst case discharge for a facility (Le., the largest foreseeable discharge in adverse weather conditions), and best reconcile the differences between worst case discharges for vessels
and facilities. The definition reflects the fact that a facility with adequate secondary containment, as defined in existing § 112.7(e)(2)(ii), is not likely to discharge its entire
capacity in adverse weather conditions, as opposed to a vessel which may lose its entire cargo since there is little to prevent all of the released oil from a vessel from directly entering
the water. Finally, this option is consistent with the intent of the OPA. The legislative history of the OPA states that the worst case discharge for a facility should describe a discharge
"that is worse than either the largest spill to date or the maximum probable spill for that facility type." See H.R. Rep. No. 101-653, 101st Congo 2d Sess. 1991 at p. 147). The Agency
proposes in § 112.2 to define "adverse weather" as the weather conditions that make it difficult for response equipment and personnel to cleanup or remove spilled oil. These conditions
include significant wave height, ice, extreme temperatures, weather-related reduced visibility, and fast currents. EPA has included guidelines in appendix F (see Table 1 of appendix
F) to the rule to assist owners or operators in evaluating the operability of response equipment (Le., 1 Tanks that are pennanently manifolded together are defined as tanks that are
designed, installed. and/or operated in such a manner that the multiple tanks function as one storage unit. As such failure of a single tank in the system could lead to the release of
the capacity of more than a single interconnected tank. Tanks pennanently manifolded togehter within a common secondary containment area are considered to be single tanks for purposes
of this calculation. if each tank is separated by internal dividing structures. oil recovery devices and boom) for various sea states and wave heights. ACPs also may contain information
concerning other conditions in the area that are significant factors in evaluating the operability of equipment. Although Option I, which defines a worst case discharge as a discharge
equal to the total aboveground storage capacity at the site, is comparable to the definition of worst case specified in the OPA for vessels (Le., the entire cargo), there are no documented
spills of the entire capacity of a multi-tank facility with secondary containment into navigable waters. For purposes of this determination, Option 2 would define the worst case discharge
as an amount equal to the capacity of the largest single tank within a secondary containment area or the combined capacity of a group of aboveground tanks permanently manifolded together
within a common secondary containment area lacking internal subdivisions, whichever is greater. For many regulated facilities (those with only one tank), the option is identical to Options
1 and 3. Evidence from case studies, however, suggests that spills caused by flooding, hurricanes, and earthquakes at multitank sites may involve discharges of oil greater than the capacity
of the single largest tank; spills caused by natural disasters often involve releases of oil from more than one tank. Although the planning quantity for worst case discharge could De
described by the combined capacity of a group of aboveground tanks permanently manifolded together within a common secondary containment area lacking internal subdivisions, EPA recognizes
that a multiple tank failure may involve tanks from distinct secondary containment systems, and the definition described above is merely a planning quantity. Worst Case Discharge Calculation
Worksheets Under proposed Option 3, facility owners or operators would calculate the worst case discharge volume for their facilities, using worksheets developed by EPA. This approach
is consistent with the concept in the OPA Conference Report that planning for a worst case discharge involves a facility-specific determination. These proposed worksheets are provided
in appendix E of 40 CFR part 112. Part A of appendix E contains the worst case discharge calculation for storage facilities. A separate worksheet has been developed for production facilities
(part B of appendix E), because ofthe added concerns associated with production volumes at such facilities. Unlike storage facilities, which handle a set amount of oil, production facilities
must consider throughput and the potential for oil contained in the underground natural reservoir to escape containment during extraction operations. EPA proposes in § 112.20(h)(5)(i)(A)
that if the RA determines that the worst case discharge volume calculated by a facility is not appropriate or that the parameters in the worksheet are not appropriate for a particular
type of facility, the RA may specify the worst case discharge amount to be used for response planning at that facility. The RA could make such a case-by-case determination during the
review of response plans prepared by facilities. In the event the RA finds it necessary to determine the worst case discharge volume, the RA will consider the same factors addressed
by the worksheet (Le., secondary containment and proximity to navigable waters), in the specific context of the facility in question as well as other facility-specific circumstances
that may be relevant to the calculation. An example of how the RA might tailor the criteria to the specific circumstances at a facility involves a regulated facility with underground
storage tanks. Completely buried storage tanks, such as those at service stations, may have the potential to cause spills to surface waters when tanks are overfilled. The RA would consider
the quantity of product stored, as well as the proximity to surface waters in arriving at a worst case discharge volume. For owners and operators of storage facilities with a single
aboveground tank, the worst case discharge volume would be the entire storage capacity of the tank. To assist owners and operators of other onshore storage facilities and production
facilities in calculating a worst case discharge volume, the worksheets integrate the use of secondary containment and proximity to navigable waters. For production facilities, the presence
of storage tanks and the production volume for exploratory wells and production wells must also be considered in the calculation. The worst case scenario is influenced by the extent
of spill prevention and containment measures in place. A spill at a facility with secondary containment structures may have negligible environmental impact, while a comparable spill
at a facility without such structures may result in the entire capacity of the facility reaching navigable waters. The presence of secondary containment at a facility, therefore, influences
the final calculated worst case discharge volume. Proximity
Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules 8835 to navigable waters is also an important factor in the assessment of the worst case discharge
volume. Based on the goals of the OPA and the Oil Pollution Prevention regulation. the definition of what constitutes a worst case spill is directly influenced by the potential for the
spill to reach navigable waters. To complete the worksheets in appendix E for production facilities and multiple tank storage facilities. owners or operators would first determine whether
secondary containment, as described in § 112.7 of the existing regulation, is present for each storage tank or group of tanks at the facility. If such secondary containment is not present.
a final worst case discharge volume is calculated based in part on the total aboveground storage capacity without secondary containment (for storage facilities) or total aboveground
storage capacity without secondary containment plus the production volume of the well with the highest output at the facility2 (for production facilities). If secondary containment is
present for some tanks, the owner or operator calculates a potential worst case volume based on whether the facility is adjacent to navigable waters. If the facility is not adjacent
to navigable waters, the worst case discharge amount is the capacity of the largest single tank within a secondary containment area or the combined capacity of a group of aboveground
tanks permanently manifolded together within a common secondary containment area lacking internal subdivisions. whichever is greater, plus an additional quantity for any tanks without
secondary containment. For purposes of this calculation. tanks within a common secondary containment area that have adequate internal subdivisions are considered single tanks whose capacity
would not be combined. If the facility is adjacent to navigable waters the worst case discharge amount is adjusted upwards by a factor of 10 percent of the capacity of tanks with secondary
containment. EPA solicits comment on the overall approach and specific factors in the proposed worksheets in appendix E. As discussed above, tanks that are permanently manifolded together
are tanks with common piping that are designed, installed, and/or operated as a single storage unit. Because the potential discharge amount is greater for a system oftanks permanently
• As defined. onshore oil production facilities may include all wells. flowlines. separation equipment. storage facilities, gathering lines. and auxiliary non-transportation-related
equipment and facilities in a single geographical oil or gas operated by a single operator. manifolded together. EPA proposes that the worst case discharge planning amount be increased
to reflect the combined capacity of all tanks in the system. EPA recognizes that certain tank systems where tanks are connected by piping may not be opemted as a single unit. Owners
or operators of facilities with tanks that are connected by common piping or piping systems that can demonstrate to EPA that the system does not operate as a single unit would not have
to plan for the combined capacity of all tanks in the system but the capacity of the single largest tank. EPA proposes to require that such evidence be provided to the RA in the model
response plan under the discussion of worst case discharge in the discharge scenarios section. EPA requests comment on allowing a reduction in the worst case discharge planning amount
from 100 percent (110 percent for facilitiesadjacent to navigable waters) of the capacity of the largest single tank or group of tanks down to SO percent for facilities with adequate secondary containment in place for oil storage
containers.3 The Agency also requests comment on the appropriateness of further recuctions in the worst case discharge volume (Le.• up to 100 percent) for facilities with adequate secondary
containment for all storage containers. Under this approach. the presence of secondary containment would allow the owner or operator to reduce the worst case discharge planning amount
and the corresponding amount of response resources. EPA specifically solicits comment on the implication for response capability of a reduction in the worst case discharge planning amount
and data on the potential cost savings associated with any such reductions in planning quantity. As proposed in appendix E, the production volume for each production well (producing
by pumping) would be determined from the pumping rate of the well multiplied by 1.S times the number of days the facility is unattended. For each exploratory well (and production well
producing under pressure) 10,000 feet deep or less. the production volume refers to the maximum 30-day forecasted well rate. For each exploratory well (and production well producing
under pressure) deeper than 10.000 feet, the production volume refers to the maximum 4S-day forecasted well rate. EPA specifically requests comment and 3 Only tanks with secondary containment
would be eligible for this reduction; for tanks without secondary containment. the entire capacity of the tanks would be included in the worst case discharge amount. data on the appropriateness
of using a 30-day forecasted well rate (for wells less than or equal to 10.000 feet deep) or 4S-day forecasted well rate (for wells greater than 10.000 feet deep) as production volumes
in the calculation of the worst case discharge amount at facilities with exploratory wells and production wells producing under pressure. EPA realizes that under the proposed self-selection
process, smaller facilities. including many small production facilities are unlikely to screen as having the potential to cause "substantial harm" to the environment. RAs. however. may
determine that any regulated facility. regardless of its storage capacity could cause substantial harm to the environment. Thus, the worksheets for production facilities may be necessary
under circumstances in which the RA selects. for example. a production facility storing relatively small amounts of oil. a marine transfer facility with less than 42.000 gallons. or
a facility with a storage capacity of less than 1 million gallons. Worst Case Discharge Calculation for Complexes As discussed in section III.B of this preamble. a complex is a facility
that has both transportation-related and nontransportation-related components and is therefore subject to the response plan requirements of more than one authority. Each component of
a complex would have an associated worst case discharge amount. The Agency expects. however. that the likelihood of each component experiencing a worst case discharge simultaneously
is small. EPA proposes in § 112.20(h)(S)(i)(C) that a worst case discharge volume at a complex be the larger of the amounts calculated pursuant to the respective regulations that apply
for each component of the facility. The Agency requests comment on the appropriateness of this method in the determination of a worst case discharge for a complex. E. Tiered Response
Planning The Agency proposes in § 112.20(h)(S) that facility owners and operators prepare plans for responding to lesser discharges. as appropriate. in addition to a worst case discharge
as required by the OPA. This tiered response planning by facilities that are determined to have the potential to cause "substantial harm" to the environment will help ensure protection
of public health and welfare and the environment by facilitating effective response to discharges to navigable waters or adjoining shorelines. Proposal of a
8836 Federal Register /Vol. 58, No. 30 /Wednesday, February 17, 1993 /Proposed Rules tiered planning approach is consistent with other agencies' (such as the USCG's) implementation ofOPA
response planning requirements. EPAconsidered proposing that owners or operators prepare response plans for responding to worst case discharges only. The Agency concluded that a plan
only for a response to a worst case discharge would not necessarily be effective in a response to a lesser discharge and that lesser discharges may pose a serious threat to navigable
waters, especially from the cumulative effects of several discharges. Over 70 percent of all spills reported to the Federal government in 1989 and 1990 (approximately 48,000 incident
reports were received by the National Response Center during that time) were less than 100 gallons and over 90 percent were less than 1,000 gallons. Preparing for an appropriate response
to such smaller spills could lead to better overall protection of the nation's navigable waters. In In addition. various sizes of discharges could require different types and amounts
of equipment, products, and personnel. Planning for various levels of spills would allow facility owners or operators to begin to respond to any size discharge prior to the arrival of
personnel and resources under contract with the facility and would provide insight into the most likely spill situations and should reveal many potential problems that could surface
during actual discharges. Planning for these problems would enable facility or contractor response personnel to respond quickly and appropriately to a range of spill events. . The Agency
recognizes that this tiered planning approach may not be appropriate for all facilities, including those where the range of possible spill scenarios is small. For example, responding
to a worst caSe discharge at a small, one-tank facility (release of entire capacity of the tank) maybe similar in approach to responding to a lesser spill (release of a portion of the
capacity of the tank) at that facility. These responses would not require a significantly different response strategy or level of response resources. Owners and operators of large, multi-tank
storage and production facilities, however, are among those who would be required to plan for spill events of different sizes, because the range of spill scenarios could vary greatly
at such facilities. For example, although small spills could be handled by company response personnel, large spills may require the resources of outside parties. The Agency examined
several options for the determination of these additional planning quantities. One approach would be to use facility-specific planning quantities by basing the amount on actual operations
and spill history at a facility. Although this option would account for the tremendous diversity of regulated facilities, it cannot be applied in a simple manner by owners and operators.
A second option would be to establish standard amounts for the entire regulated community. A third option, which EPA proposes today in § 112,20(h)(S}, would establish limited ranges
for alternate discharge amounts. Although large facilities would still need to plan for three discharge amounts under this method, a small facility may only need to plan for two scenarios
or a single scenario if its worst case discharge falls within one of the ranges. In addition to planning for a worst case discharge, under proposed § 112.20, facility owners and operators
would be required to plan for (1) a small spill, defined as any spill volume less than or equal to 2,100 gallons, but not to exceed the calculated worst case discharge; and (2) a medium
spill, defined as any spill volume greater than 2,100 gallons, and less than or equal to 36,000 gallons or 10 percent of the capacity of the largest tank at the facility, whichever is
less, but not to exceed the worst case discharge. For facilities whose worst case discharge is a medium spill, the owner or operator would plan for·tw,o amounts, a worst case spill and
a small spill. Similarly, for facilities whose worst case discharge is a small spill, the owner or operator would plan only for a worst case discharge. • EPA realizes that under the
proposed self-selection process, smaller facilities are unlikely to qualify as having the potential to cause "substantial harm" to the environment. RAs, however, may determine that any
regulated facility, regardless of its storage capacity and number of tanks, could cause "substantial harm" to the environment. Thus, the collapsing nature ofthe proposed tiered planning
approach may be relevant under circumstances in which the RA selects a facility storing relatively small amounts of oil (i.e., less than 36,000 gallons). For complexes (i.e., facilities
regulated by both EPA and USCG), the owner or operator would first determine a medium planning quantity for the transportation-related and nontransportation-related components at the
facility. The owner or operator would then compare the medium planning amounts for each component ofthe facility. Following this comparison, the owner or operator would select the larger
of the quantities as the medium tiered planning amount for the overall facility. The ranges for these alternate planning quantities were determined through a statistical analysis of
spills reported to the Emergency Response Notification System (ERNS) data base. A discharge of 1,300 gallons is the average reported discharge in ERNS. For a small spill, an amount up
to 2,100 gallons is believed to represent a realistic planning quantity that will allow owners or operators to prepare for operational-type spills that occur relatively frequently. Selection
of 36,000 gallons was based on the 99.Sth quantile. This means that 99.S percent of future spills are expected to be less than approximately 36,000 gallons. To provide greater flexibility
in establishing a medium planning amount, EPA proposes in § 112.20(h)(S)(i) to allow owners or operators to plan for 36,000 gallons or 10 percent ofthe capacity of the largest tank at
the facility, whichever is less. Planning for a spill of this size represents a practical and realistic intermediary planning level. The Agency solicits comment on the selection of these
standard planning amounts, including information on other methods to identify standard amounts, such as being planning quantities on the definition of minor, medium, and major discharges
in 40 CFR part 300. Under the NCP a minor oil discharge means a discharge to the inland waters ofless than 1,000 gallons or a discharge to coastal waters of less than 10,000 gallons;
a medium oil discharge means a discharge to the inland waters of 1,000 to 10,000 gallons or a discharge to coastal waters of 10,000 to 100,000 gallons; and a major oil discharge means
a discharge to the inland waters of 10,000 to 100,000 gallons or a discharge to coastal waters of more than 100,000 gallons. To the extent that response resources are currently geared
to spills of these sizes, such ranges may be appropriate for establishing tiered planning amounts. Also, EPA requests comments comments on the option of using facility-specific planning
quantities as well as information from other options in the determination of these alternate amounts. F. The Determination and Demonstration ofAdequate Response Capability 1. The Determination
of Response Resources-Appendix F To ensure the availability of private personnel and equipment necessary to
Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules 8837 respond, to the maximum extent practicable, to a worst case discharge, contracts or other approved
means (as proposed in § 112.2 oftoday's proposed rule) may include: . • A written contractual agreement with a response contractor. The agreement must identify and ensure the availability
of the necessary personnel or equipment within appropriate response times; • Certification that the necessary personnel and equipment resources, owned and operated by the facility owner
or operator, are available to respond to a discharge within appropriate response times; • Active membership 4 in a local or regional oil spill removal organization, which has identified
and ensures adequate access through membership to necessary personnel and equipment within appropriate response times in the specified geographic areas; or • Other specific arrangements
approved by the RA upon request of the owner or operator. In appeni:lix F to the rule, EPA provides guidelines for the types and amounts of equipment and response times that are needed
to respond to spill of a given size. Similar guidelines were originally developed by the USCG for vessel response plans and facility response plans for marine transportation-related
onshore facilities. EPA has adapted the USCG's proposed guidelines for use by nontransportation-related onshore facilities (i.e., facilities regulated by 40 CFR part 112) in complying
with the OPA requirement to identify and ensure adequate resources. The guidelines. describe procedures for determining the "maximum extent practicable" quantity of resources and response
times for responding to a worst case discharge and other discharges, as appropriate. These procedures identify practical and technical limits onresponse capabiliUes that an individual
facility owner or operator can contract for in advance and on response times for resources to arrive on scene. The guidelines are intended to assist owners or operators of facilities
in preparing response plans and EPA in reviewing plans. The Agency requests comment on the procedures contained in appendix F of the rule for the determination and evaluation of required
response resources. In addition, EPA solicits comment on whether the guidelines are appropriate for planning for inland spills by • Membership in a spill response cooperation must ensure
ready access to the organization's response resources for the anangement to be acceptable to the RA for the purposes of this regulation. facilities regulated by the Oil Pollution Prevention
regulation. EPA proposes at § 112.2 a definition of "maximum extent practicable" to mean the limitations used to determine oil spill planning resources and response times for on-water
recovery and shoreline protection and cleanup for worst case discharges from onshore non-transportation-related facilities in adverse weather. EPA interprets the phrase "to the maximum
extent practicable" to include considerations such as the technological limitations associated with oil discharge removal (e.g., boom effectiveness and equipment recovery rates in adverse
weather), and the practical and technical limits of response capabilities of individual owners or operators. This interpretation is consistent with the OPA Conference Report (H.R. Rep.
No. 101-653, 101st Cong., 2d Sess. 1991 at p. 150). To address these limitations, the guidelines in appendix F establish operability criteria for oil recovery devices and boom as well
as caps on response resources that facility owners or operators should identify and ensure as being available, through contract or other approved means. The caps reflect an estimate
of the response capability at a given facility that is considered a practical nationwide target to be met by 1993. Recognizing that the OPA . Conference Report suggests a significant
increase in commercial removal resources may be-needed in most areas of the country to comply with the national planning and response system, EPA is soliciting comment on the anticipated
effects this provision may have on the oil spill response industry. 2. Verification of Response Capability As previously discussed, plan drafters would need to identify and verify response
resources when preparing plans. EPA would evaluate such arrangements during the plan review stage, to ensure the contractual availability of equipment and personnel from contractors
identified in response plans to provide response resources. This process would require that evidence of contracts or agreements with response contractors be included in the response
plan so that the availability of resources can be verified during plan review. Agency reviewing officials may need to take additional steps to determine that contractors or cooperatives
do possess, and maintain in a ready condition, the necessary response inventory to handle the size of spills for which they contract. One option to provide review officials with more
information would be to establish a contractor certification or approval program. The State of Washington has instituted a contractor certification program and the USCG is considering
the development of contractor approval procedures for spill response contractors under a separate rulemaking. Among the relevant factors in the assessment of contractor arrangements
might be proximity to the facility as it affects response times, the adequacy of equipment and personnel resources, the contractor's past performance and safety record, and the number
of additional facilities the contractor has agreed to support. The Agency requests comment on the criteria for evaluating contractor agreements, a mechanism for approving response contractors,
and the advisability of establishing a response contractor approval process. G. Response Plan Elements-§§ 112.20(g) and (h), and Appendix G The elements for response planning proposed
in § 112.20 of this rule are designed to guide a facility owner or operator in gathering the information needed to write a response plan for the facility's worst case discharge and,
as described in section III.E of this preamble, for discharges smaller than a worst case discharge. The proposed response plan elements address requirements under CWA section 311(j)(5)
(as amended by the OPAl, as well as additional elements that EPA has determined are necessary to ensure the integrity of the response plan. The OPA Conference Report suggests that facility
response plans should be consistent with but not duplicative of plans prepared under other Federal programs, and EPA encourages owners or operators to incorporate into the response plan
information required by other Federal programs. Some of these programs are discussed in Section IV of this preamble. Owners or operators need not prepare a separate plan to comply with
the Oil Pollution Prevention regulation if they have already prepared a plan for the State in which the facility is located. provided that the State plan addresses the requirements and
includes all the elements described in § 112.20(h) and is cross-referenced appropriately. Proposed § 112.20(h) would require that response plans contain an emergency response action
plan to be kept at the front of the response plan binder or under a separate cover that accompanies the overall plan. EPA considered a requirement for certification by a Registered Professional
Engineer for certain portions of the response plan. such as determination of worst case discharge. and solicits
8838 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules comment on this option. The contents of a response plan would be subject to review during routine
inspections by On-Scene Coordinators (OSCs) or during State inspections. In addition, the RA would review the contents of response plans from facilities identified as posing a threat
of "significant and substantial harm," before granting approval. EPA solicits comment on which professions may be suitable for evaluating and certifying the contents of the response
plan if EPA determines a certification requirement is appropriate. In particular, the Agency requests comment on the suitability of Certified Hazardous Materials Managers to perform
the plan certification function. In accordance with CWA section 311(j)(5), proposed § 112.20(g) would require that a facility response plan be consistent with the NCP and with ACPs described
in section IV of this preamble. For example, the OPA requires amendments to the NCP that establish establish procedures and standards for removing a worst case discharge of oil and for
mitigating or preventing a substantial threat of such a discharge. Also, the OPA requires the preparation of ACPs designed to augment the capabilities for responding to worst case discharges
when implemented in conjunction with the NCP. The discussion of worst case discharge in a facility response plan should be consistent with the procedures and standards laid out under
these broader plans. To ensure such consistency, EPA proposes in § 112.20(g)(2) to require that owners or operators, review on an annual basis appropriate parts of the NCP (e.g., subparts
A through D) and, when available, the applicable ACP and revise the response plan as necessary. As discussed in section III.C oftbis preamble, ACPs may not be available in time for owners
or operators to review them before initial response plan preparation. Owners or operators are encouraged to obtain from local or Regional sources (e.g., Regional Response Teams (RRTs)
or or OSCs) the details of the ACP for the area in which their facility is located, and develop their facility response plans accordingly. Proposed § 112.20(g) also states that facility
owners or operators should coordinate with the local emergency planning committee (LEPC) and State emergency response commission (SERC) when developing their facility response plans
to ensure consistency with the local emergency response plan required under section 303 of title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III). Model
Response Plans Today, EPA includes in appendix G to the rule a model response plan to assist owners and operators in addressing the required elements outlined in proposed § 112.20(h).
The organization of the model plan and the information to be contained in it are representative of the format and level of detail needed to address the required response plan elements
in an acceptable manner. A response plan, as shown in appendix G, would be required for facilities that are determined to have the potential to cause "substantial harm" to the environment.
EPA recognizes that, in certain cases, information required in the model response plan is similar to information currently maintained in the facility's SPCC Plan. In these cases, owners
or operators can simply reproduce the information and include a copy in the response plan. As discussed in section lILA of this preamble, EPA proposes in § 112.20(a)(2)(i)-(iv) to require
that all facilities submitting a response plan must complete and return to EPA a Response Plan Cover Sheet with the response plan. The cover sheet is intended to provide the Agency with
basic information concerning the facility and would be used by Regions to check the "substantial harm" selfdetermination process. A copy of the cover sheet is included as Attachment
G-II of appendix 􀁾􀀮􀁡􀁬􀁯􀁮􀁧 with instructions for completion of the form. The cover sheet provides space for: Basic facility information, responses to the "substantial harm" flowchart
contained in appendix C, worst case discharge amount, additional facility characteristics (i.e., latitude and longitude, and proximity to navigable waters), and certification. A blank
copy of a model response plan is included as appendix G of 40 CFR part 112. Affected facilities (those that could cause "substantial harm") would prepare (1) a response plan that meets
the requirements of §§ 112.20(g) and (h) as reflected in the model response plan provided in appendix G; or (2) a comparable State or other Federal agency response plan that is appropriately
cross-referenced and meets the requirements of §§ 112.20(g) and (h). A facility response plan would include a discussion of the following elements: Emergency Response Action Plan § 112.20{h){l).
In order to facilitate response actions, EPA proposes that facility owners or operators be required to compile key sections of the overall response plan into an emergency response action
plan that is maintained in an accessible location. The sections of the action plan may be be photocopies or condensed versions of the forms included in the associated sections of the
overall response plan. EPA proposes that the following information be included in the action plan in format specified in proposed § 112.20(h)(1): • Emergency Response Coordinator Information-from
the Facility Information Section; • Emergency Notification Phone List-from the Emergency Response Section; • Spill Response Notification Formfrom the Emergency Response Section; • Equipment
List and Location-from the Emergency Response Section; • Facility Response Team-from the Emergency Response Section; • Evacuation Plan-from the Emergency Response Section; • Immediate
Action-from the Plan Implementation Section; and • Facility Diagram-from the Diagrams Section. The action plan is designed to provide the facility owner or operator with information
on critical steps to stabilize the source of the spill, notify the appropriate people, and prevent the spread of spilled oil. The action plan would be kept in the front ofthe overall
facility response plan or in a separate binder that accompanies the overall plan. Facility Information-§ 112.20{h){2). The requirement in CWA section 311(j)(5) to designate a facility
emergency response coordinator is addressed in proposed § 112.20(h)(2). The facility information section of the model response plan provides space to identify a qualified individual
having full authority, including contracting authority, to implement removal actions. The Agency requests comment on whether facility owners and operators should be required to designate
an alternate emergency response coordinator. This section also provides space to include additional facility information. much of which may be obtained from the facility's existing SPCC
Plan. Other items include general facility information such as the facility name, address, telephone number, owner and operator, and longitude and latitude in minutes and degrees. Emergency
Response-§ 112.20{h){3). The model plan contains space in the emergency response section section to address the CWA section 31l(j)(5) requirement that the emergency response coordinator
be able to immediately communicate with the appropriate Federal official and the persons providing personnel and equipment (e.g., a spill response contractor). To facilitate compliance
Federal Register /Vol. 58, No. 30 /Wednesday, February 17, 1993 /Proposed Rules 8839 with this requirement, the section contains space for a telephone list of people or organizations
to contact in the event of a discharge, including the National Response Center, the facility's own and/or contracted response teams, local response teams, local hospitals, and local
radio stations (if evacuation is necessary). Notification of the National Response Center is required under regulations implementing CWA section 311(b). (See 33 CFR part 153, 40 CFR
part 300, and 40 CFR 117.21.) The contact list should be accessible to all facility employees to ensure that, in case of a discharge, any employee on site could immediately notify the
appropriate parties. A notification checklist also is included in this section ofthe model plan. The checklist outlines the information to relay to response officials, such as information
on the spill amount, material, impact of the spill, and response actions. The CWA requires that a facility response plan describe the response actions of persons at the facility. This
requirement is addressed in the emergency response section of the model plan, which provides space to include a detailed description of the duties of the emergency response coordinator
and other response personnel during a response to a discharge. Pursuant to CWA section 311(j)(5), owners or operators must identify and ensure by contract or other means acceptable to
EPA (e.g., participation in a spill response cooperative in lieu of an individual contract) the availability of private personnel and equipment necessary to respond, to the maximum extent
practicable, to a worst case discharge. The OPA Conference Report indicates Congress contemplated creating a system in which private parties supply the bulk of equipment and personnel
needed for response to large oil spills. See OPA Conference Report, H.R. Rep. No. 101-653, 101st Cong., 2d Sess. 1991 at p. 148. The model response plan provides space to identify companies
that will provide such personnel and equipment. Evidence of contracts or agreements with response contractors must be included in this section so that the availabilityof resources can be identified. As discussed in Section m.F of this preamble, the contract or response agreement will be subject to review by the appropriate EPA Regional office to ensure
that the agreement provides adequately for response, mitigation, and prevention. Response capability may also be provided through the use of internal response personnel and equipment
resources. The model plan provides space for a list of the facility's response personnel and response equipment, including its location and operational status and the date the equipment
was last tested. Also included in the emergency response section of the model plan are guidelines for preparing evacuation plans for the facility and surrounding community. Additional
information on the guidelines that may be helpful in the preparation of an evacuation plan can be obtained from the Handbook of Chemical Hazard Analysis Procedures prepared by EPA, DOT,
and the Federal Emergency Management Agency (FEMA). Evacuation routes must be shown on a diagram of the facility. Hazard Evaluation-§ 112.20(h)(4). A hazard evaluation section is included
in the model response plan. Hazard evaluation is a widely used industry practice that allows owners or operators to develop a complete understanding of potential hazards and the response
actions necessary to address these hazards. The Handbook of Chemical Hazard Analysis Procedures, prepared by EPA, DOT, and FEMA and the Hazardous Materials Emergency Planning Guide (NRT-l),
prepared by the National Response Team are good references for conducting a hazard analysis. The hazard evaluation will provide information for developing discharge scenarios for a worst
case discharge and mE!,dium and small discharges. This section of the response plan provides space for a hazard identification, a vulnerability analysis, and an analysis ofthe potential
for a discharge. This information allows the facility owner or operator to evaluate day-to-day operations for potential discharges and to change standard operating procedures if a potential
for a discharge is discovered. As part of the hazard evaluation, EPA proposes that owners or operators identify what the potential effects of the discharges would be on the affected
environment. To assess the range of areas potentially affected, owners or operators shall consider the distances calculated in the substantial harm determination process discussed in
section m.B of this preamble. Those owners or operators that have made a substantial harm determination without performing the distance calculation should use the appropriate formula
in appendix C or an alternative method to quantitatively evaluate the appropriate range of potentially affected areas. Also in the hazard evaluation section of the model response plan,
the owner or operator would provide information on the facility's discharge history (if any have occurred) including dates, causes, amounts discharged, and response actions. Informati.on
collected for purposes of meeting the existing § 112.4(a) requirements may be used to document spill history in the response plan. Discussion of Tiered Planning Scenarios-§ 112.20(h)(5).
The discharge scenario section provides for discussions of specific discharge scenarios. As discussed in section III.E of this preamble, EPA proposes a tiered approach to response planning
that considers smaller, more probable discharge quantities in addition to the worst case discharge specified in the OPA. Therefore, in addition to the development of a scenario which
uses the "worst case discharge" amount calculated from the worksheet in Appendix E, the owner or operator of a facility must plan and prepare for small and medium discharge quantities,
as appropriate. When describing each discharge scenario, the owner or operator would consider facility operations and factors that effect the response effort, such as the potential direction
of the discharge and impact on the surrounding area. As discussed in section m.E of this preamble, owners or operators of complexes would determine planning quantities for the transportation-related
and non-transportation-related components of the facility. The owner or operator would then compare the corresponding worst case discharge and medium planning amounts, as appropriate,
for each component of the facility. In each case, the owner or operator would select the larger of the two amounts as the appropriate planning quantity. Discharge Detection-§ 112.20(h)(6).
The prompt discovery of a discharge and the initiation of effective response actions are critical to minimize the damage caused by a discharge. The discharge detection section prOVides
space for describing the discharge detection systems, human or automated, in use at the facility. Often, the choice of a human or automated system depends on the size and complexity
of facility operations. Plan Implementation-§ 112.20(h)(7). The CWA requirement that facility owners or operators describe response actions to ensure the safety of the facility and to
mitigate or prevent discharges. or substantial threats of discharges, is proposed in § 112.20(h)(7). The plan implementation section of the model response plan contains space for describing
such response actions, including the steps facility personnel would follow to
8840 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules mitigate and respond to each discharge described in § 112.20(h)(5); the amount of personnel and
equipment that will be needed to respond to the specific discharge under consideration; plans to dispose of contaminated materials, debris, and recovered product; required Federal or
State permits (e.g., Resource Conservation and Recovf3ry Act (RCRA) permits for disposal of contaminated materials); and measures to provide for containment and drainage. As discussed
in section III.F of this preamble, EPA has provided guidelines in appendix F of the rule to establish appropriate personnel and equipment levels and response times for given spill· sizes.
Owners and operators are encouraged to use these guidelines to determine the quantity of resources that must be identified and available, through contract or other approved means, for
responding to a worst case discharge and other discharges. Facility Self-Inspection. Training. and Meeting Logs-§ 112.20(h)(8). In the model plan, the facility self-inspection, training,
and meeting logs section provides space to include inspection checklists for tanks, secondary containment, and response equipment and logs for discharge prevention meetings. Much of
the recordkeeping information contained in this section is required by the existing Oil Pollution Prevention rf'gulation. Therefore, portions of the self-inspection, training, and meeting
logs section may be completed by compiling information from other parts of existing SPCC Plan. Moreover, information collected for purposes of meeting § 112.4(a) requirements may be
used to document spill history in the response plan. The CWA also reqUlres owners or operators to describe training and periodic unannounced drills to be carried out under the response
plan. In the model plan, the training section provides space to include a series of logs for recording unannounced or "mock alert" drills and staff training related to emergency response.
The model response plan in appendix G provides recommendations for planning mock alert drills. The Agency requests comment on how frequently such· unannounced drills should be conducted.
Diagrams-§ 112.20(h)(9). This section of the model response plan describes diagrams for the site plan and the drainage plan. Such diagrams help facility personnel identify the nearest
opportunity for a discharge to reach navigable waters and help responders visualize location and layout information so they can act promptly during time critical situations. Security-§
112.20(h)(lO). A security section is included in the model response plan and provides space to address existing Oil Pollution Prevention provisions contained in 40 CFR 112.7, as well
as several additional items being proposed in the Phase One rule. This section provides for a description of the facility's security and should, as appropriate, include items such as
emergency cut off locations, fencing, guards, lighting. valve and pump locks, and pipeline connection caps. The The Agency requests public comment on the appropriateness and level of
detail of the information required in the modf31 response plan as well as other information that may be necessary for an effective response plan. For more information on the organization
of the model response plan and specific information to be included in the plan, see the "Technical Background Document to Support the Phase Two Oil Pollution Prevention Rulemaking,"
available for inspection in room M2427 at the U.S. Environmental Protection Agency, 401 MStreet, SW., Washington, DC 20460 [Docket Number SPCG-2P]. IV. Relationship ofFacility Response
Plan Requirements to Other Programs 1. USCG. Minerals Management Service (MMS). and Other Federal Agencies In developing this proposed rule, EPA has coordinated with the DOT (including
the USCG) and the Minerals Management Service (MMS) throughout this rulemaking process to ensure that the response plans for transportationrelated facilities and non-transportationrelated
offshore facilities are consistent, to the degree possible, with the plans for non-transportation-related onshore facilities required under this regulation. This coordination should
help avoid any duplication of effort on the part of the regulated community in complying with these regulations. For example, a complex described in section III.B of this preamble as
an onshore site or installation that has both transportationrelated and non-transportation-related components (e.g., a marine transfer facility with above ground storage tanks), need
prepare only one response plan with separate sections addressing each component. Separate sections may be needed in the plan to address different regulatory provisions or various definitions
that may apply to the different components. EPA would allow USCG OSCs the opportunity to review response plans of non-transportation-related onshore facilities subject to 40 CFR part
112. Specifically, a USCG OSC would be given an opportunity to review and comment on any submitted facility response plan (whether transportationrelated or non-transportation-related)
for a facility geographically located within the USCG's area of responsibility, as the predesignated OSC. For response purposes, the NCP divides the United States into inland and coastal
zones. The USCG and EPA are assigned responsibility for predesignating OSCs for the coastal and inland zones, respectively. Final approval of the response plan would remain with EPA
for facilities subject to 40 CFR part 112. Any objection to the response plan raised by a USCG OSC would be considered by the RA for final approval of the plan and any issues would be
quickly resolved through interagency discussions. The Agency also has worked with members of DOl, NOAA, the Fish and Wildlife Service, and the National Park Service to define sensitive
environments. Coordination with other departments and agencies in this area is critical given the anticipated changes to the NCP and the relationship ofthose proposed changes to facility
response planning requirements. 2. The NCP and ACPs Section 311(j)(5)(C) ofthe CWA requires that facility response plans be consistent with the requirements of the NCP and ACPs. The
NCP provides the general organizational structure and procedures for addressing discharges of oil and hazardous substances under the CWA, as well as releases of hazardous substances,
pollutants, and contaminants under CERCLA. Among other things, the NCP specifies responsibilities among Federal, State, and local governments; describes resources available for response;
summarizes State and local emergency planning requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA or SARA Title III); and establishes procedures for undertaking
removal actions under the CWA. Until a revised NCP is published, as mandated under OPA section 4201(c), facility response plans should be consistent with the current NCP. ACPs, mandated
under CWA section 311(j)(4) and prepared by Area Committees comprised of qualified personnel of Federal, State, and local agencies, are required to ensure, when implemented in conjunction
with other elements of the NCP, the removal ofa worst case discharge from a facility operating in or near the area covered by the plan. ACPs will cover discharges affecting all U.S.
waters and adjoining shorelines. EPA and the USCG are
Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 /Proposed Rules 8841 responsible for developing ACPs for the inland and coastal zones, respectively. Until ACPs have
been developed, facility response plans should be consistent with existing OSC contingency plans in the coastal zone and Federal RCPs in the inland zone. 3.RCRA EPA regulations in 40
CFR part 264 (Subpart D) promulgated under RCRA establish requirements for owners and operators of hazardous waste facilities to use in developing facility-specific contingency plans.
The plans must include response procedures; a list of all persons qualified to act as a facility emergency coordinator; a list of all emergency equipment and, when required, decontamination
equipment at the facility; evacuation plans, when evacuation could be necessary; and arrangements agreed to by local police departments, fire departments, hospitals, contractors, and
State and local emergency response teams to coordinate emergency services. In addition, newly promulgated 40 CFR part 279 establishes facility-specific contingency planning and emergency
procedure requirements for used oil at re-processing and refining facilities. To avoid duplication of effort, owners or operators of facilities subject to the regulations in 40 CFR parts
264 and 279 may incorporate these RCRA provisions and the response-planning requirements of other applicable Federal regulations, into their facility-response plans. 4. EPCRA or SARA
Title III EPCRA requires LEPCs to develop local emergency response plans for their community and review them at least annually. Under EPCRA, facilities are required to notify the SERC
and LEPC if they have "extremely hazardous substances" present above threshold planning quantities. In addition, upon request of the SERC or LEPC, the facility is required to provide
the LEPC with any information necessary to develop and implement the LEPC plan. Because of this requirement that certain facilities participate in emergency planning under EPCRA, it
is likely that some overlap may exist with response plan requirements outlined in today's proposal. The OPA Conference report stated that owners or operators of facilities subject to
this regulation should ensure that facility response plans are consistent with plans required by other programs. See OPA Conference Report, H.R. Rep. No. 101-653, lOlst Cong., 2d Sess.
1991 at p. 151. Therefore, a facility response plan should be consistent with the LEPC plan for the community in which the facility is located. To ensure such coordination, facility
owners or operators should review the appropriate LEPC plan. In addition, upon request of the LEPC or SERC, the facility should provide a copy of the response plan to theLEPC. 5. Clean
Air Act Under section 112(r) of the Clean Air Act (CAA), as amended, owners and operators of facilities with "regulated substances" above a specified threshold quantities will be required
to prepare risk management plans (RMPs), which must include a hazard assessment (including, among other things, an evaluation of worst-case accidental releases), a prevention program,
and a response program. Owners and operators are to provide a copy of the RMPs to the State, local planning and response authorities, and the Chemical Safety and Hazard Investigation
Board. Section 112(r)(7) of the CAA requires that the hazard assessment evaluate worst case accidental releases, estimate potential release quantities, and determine downwind effects
including potential exposures to affected populations. Owners or operators must also develop an emergency response program that includes specific actions to be taken in response to a
release including procedures for notifying the public and response agencies, emergency health care, and employee training measures. EPA is currently developing regulations to implement
the new CAA requirements, including a Ust of regulated substances and threshold quantities. EPA anticipates that facilities affected by both regulations can prepare one response plan
that meets the Oil Pollution Prevention regulation requirements for oil and the Clean Air Act requirements for chemicals. EPA plans to develop guidance to assist facilities in this respect
and requests comment from facilities affected by both regulations on whether the planning requirements can be met in a single plan. V. Proposed Revisions to Existing 40 CFR Part 112
Plan Requirements EPA proposes to clarify the requirement at § 112.7(d) for a facility owner or operator to provide a strong oil spill contingency plan when the installation of appropriate
containment or diversionary structures or equipment to prevent discharged oil from reaching U.S. waters is determined to be impracticable. As proposed in § 112.7(d)(1), reference to
a strong oil spill contingency plan is replaced with reference to the facility response plan as described in proposed § 112.20. A response plan prepared under such circumstances need
not be submitted to the RA unless otherwise required by the rest of today's proposed rule, but, would be maintained at the facility with with the SPCC Plan. No change is proposed to
the circumstances that trigger the requirement to provide such a rlan. The Agency proposes severa additional regulatory changes recommended in the May 13, 1988, report by the interagency
SPCC Task Force formed in response to the Ashland Oil spill and a subsequent report by the General Accounting Office (GAO) entitled "Inland Oil Spills" (GAO/RCED-89-65). These proposed
changes include requiring the SPCC Plan to address training and methods of ensuring against brittle fracture. In addition, the Agency proposes revisions to: (1) Give RAs authority to
require amendment, modification, and submission of a Plan when it does not meet the requirements of 40 CFR part 112; (2) give RAs authority to require preparation of Plans by owners
or operators of previously exempted facilities when necessary to achieve the goals of the CWA; and (3) require submission of the Plan when an owner or operator invokes a waiver to certain
technical requirements of this regulation. The proposed revisions would apply to all regulated facilities unless otherwise noted, not just those facilities that are subject to the proposed
response plan requirements under new CWA section 311(j)(5) (i.e., "substantial harm" facilities). For more information on the basis for the proposed regulatory changes discussed below,
see the "Technical Background Document to Support the Phase Two Oil Pollution Prevention Rulemaking," available for inspection in room M2427 at the U.S. Environmental Protection Agency,
401 M Street, SW., Washington, DC 20460 [Docket Number SPCG-2P]. A. Prevention Training Data from ERNS indicate that a significant number of oil discharges are caused by operator error.
In 1989, ERNS spill report data show that human error was the cause of 12.3 percent of all spills at fixed facilities. Operator error can take many forms. One of the most common operating
errors is failure to close valves, which can lead to large spills when oil products are subsequently transferred in bulk. For example, in 1988, over 336,000 gallons of oil were released
as a result of a valve that was left open by a facility worker at an Ashland Chemical Company facility in Arkansas Pass, Texas.
8842 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules Overfilling due to operator error during transfers is another common cause of spills. The overfilling
of a tank at the Colonial Pipeline facility in Greensboro, GA in 1989 resulted in an oil release of 210,000 gallons. EPA believes that operator error is more likely to be a factor in
causing spills where operations regularly involve transfers of oil products (e.g., filling of tanks and related equipment, and loading and unloading of vehicles, tank cars. and vessels
to or from tanks). Incidents that involve operator error where large quantities of oil products are transferred can lead to greater amounts of oil being released to navigable waters.
Proper training of employees involved with transfer operations at oil storage and handling facilities can reduce the occurrence of operator-related spills and reduce the severity of
impacts from spills that do occur. Training, therefore. is important for the safe and proper functioning of a facility and encourages up-to-date planning for spill control and response.
Training courses help sharpen operating and response sills, introduce the latest ideas and techniques, and promote interaction with the emergency response organization and familiarity
with the SPCC Plan. Furthermore, sections 311(0(5) and 311(j)(7) ofthe CWA, added by the OPA, reinforce the importance of training. EPA recognizes that the amount of facility-specific
training should vary depending on the complexity of operations (e.g.• number oftanks and transfer points. throughput. presence of sophisticated pumping or switching equipment. etc.)
at regulated facilities. For certain types of regulated facilities. characterized by small-scale. relatively simple operations involving aboveground storage tl1-nks, the need for extensive
facility-specific training is less critical. The current Oil Pollution Prevention regulation provides that 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 and regulations. The Phase One NPRM proposes requiring all personnel
to participate in yearly training exercises. It also proposes to require that training be administered to new personnel within one week of beginning work. Additionally, the Occupational
Safety and Health Administration (OSHA) requires that personnel who are expected to respond to and control hazardous materials discharges undergo formal worker health and safety training
before starting work and receive refresher training at regular intervals. OSHA considers petroleum products and gases to be hazardous materials. EPA proposes in § lI2.7(f) to require
that owners or operators of facilities that transfer or receive greater than or equal to 10,000 gallons of oil in a single operation more than twice per month on average or greater than
or equal to 50,000 gallons in a single operation more than once per month on average would be required to initiate a training program as follows: • All employees who are involved in
oil-handling activities, such as the operation or maintenance of oil storage tanks or the operation of equipment related to storage tanks, would be required to receive 8 hours of facilityspecific
training within one year of the effective date of this regulation or the date that the facility becomes subject to this requirement. • In subsequent years. employees would be required
to undergo 4 hours of refresher training. • Employees hired after the training program has been initiated. however. would be required to receive 8 hours of facility-specific training
within one week of starting work and 4 hours each subsequent year. The proposed facility-specific training includes. but is not limited to, the following areas: training in correct equipment
operation and maintenance, general facility operations. discharge prevention laws and regulations. and the contents of the Jacility's SPCC Plan. Such facility training would be documented
in the facility response plan. These proposed training requirements are in addition to any health and safety training requirements that regulated facilities may be subject to under OSHA
regulations at 29 CFR 1910.120 and under identical worker protection standards at 40 CFR part 311 that apply to employees in States without OSHAapproved State plans. EPA regards 8 hours
of facilityspecific training as a minimum training requirement for facilities characterized by complex operations involving the transfer and storage of oil. For these facilities. additional
facility-specific training may be necessary to ensure that employees are adequately prepared to respond to spills. . EPA recognizes that many facilities already have spill prevention
training programs that meet or exceed the levels proposed in § 112.7(f). Such facilities would not be required to implement additional training measures. As proposed. the training requirements
would apply only to facilities that transfer large quantities of oil on a regular basis and not to smaller or less active transfer facilities. where the risk of the discharge of significant
quantities of oil to navigable waters may be less. EPA requests comment on the appropriateness of the transfer frequency and amount criteria for a facility to be subject to the proposed
training requirements. EPA also requests comment on the appropriateness of restricting the training requirements to those facilities determined to have the potential to cause "substantial
harm" to the environment as discussed in Section lILA of this preamble. The Agency solicits information on the current practices at various types of regulated facilities and comment
about the amount of facility-specific training that is appropriate for personnel at different types and sizes of facilities. In addition, EPA requests comment on whether the 8-hour minimum
requirement for new employees is too high for certain types of facilities. such as service stations. Also. EPA requests comment on the appropriate level of annual refresher training
training at small facilities that experience little or no employee turnover from year to year. EPA considered allowing facilities to maintain current training practices. with no mandatory
minimum training hour requirements. However. this option may not be sufficient to alleviate the problem of spills related to human error. In addition. employees are required to participate
in unannounced drills, which tests the facility response plan. on an annual basis. Drill organizers should limit the number of people who know about the exercise. Drills should be carefully
planned out and response teams notified in advance of sounding appropriate alarms. The actions taken by the response team during the drill should be noted and addressed in a debriefing
session to follow the exercise. EPA proposes that such unannounced drills shall be recorded in the facility response plan. B. Ensuring Against Brittle Fracture The failure of Ashland
Oil Company's four million gallon aboveground storage tank in January 1988 was the result of brittle fracture. As illustrated by the collapse of this tank. brittle fracture may cause
sudden and catastrophic tank failure. resulting in potentially serious damage to the environment and loss of oil. In the aftermath of the Ashland Oil spill. EPA and industry representatives
identified a basic set of conditions that seek to identify risk of brittle fracture, including shell temperature. the level of tank contents, and the presence of existing surface flaw.
Reported cases of tank failure due to brittle fracture have occurred after tank erection. during the
Federal Register /Vol. 58, No. 30 /Wednesday, February 17, 1993 /Proposed Rules 8843 performance of a hydrostatic test (such as the failure of a storage tank at ESSO's refinery in Fawley,
U.K., in 1952), during the first filling in cold weather, after a change to lower temperature service, such as was the case in the Ashland Oil spill, or after a repair or alteration.
(see p. 5-28 the "Technical Background Document to Support the Phase Two Oil Pollution Prevention Rulemaking," available for inspection in room M2427 at the U.S. Environmental Protection
Agency, 401 MStreet, SW., Washington, DC 20460 [Docket Number SPCG-2P]. Consequently, EPA proposes in § 112.7(i) to require facility owners or operators to evaluate their fieldconstructed
tanks for the risk of failure due to brittle fracture, by adhering to appropriate industry standards contained in API Standard 653 entitled Tank Inspection, Repair, Alteration, and Reconstruction.
Section 112.7(i) incorporates by reference section 3 (Brittle Fracture Consideration) of API Standard 653. This incornoration by reference will be submitted for approval to the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of API Standard 653 may be inspected at the Superfund Docket, U.S. Environmental Protection Agency,
401 M Street, SW., room M2427, Washington, DC. Also, EPA proposes in § 112.7(j) a conforming change to reflect the addition of the proposed brittle fracture requirements in § 112.7(i).
The evaluation for the risk of failure due to brittle fracture would be triggered by a repair or alteration to the tank, or a change in service. As defined in § 112.2 of the proposed
rule, "repair" means any work necessary to maintain or restore a tank or related equipment to a condition suitable for safe operation. Typical examples include the removal and replacement
of material (such as roof, shell, or bottom material, including weld metal) to maintain tank integrity; the re-Ieveling or jacking of a tank shell, bottom, or roof; the addition of reinforcing
plates to existing shell penetrations; and the repair of flaws, such as tears or gouges, by grinding or gouging followed by welding. As defined in § 112.2 of the proposed rule, "alteration"
means any work on a tank or related equipment involving cutting, burning, welding, or heating operations that changes the physical dimensions or configuration of a tank. Typical examples
include the addition of manways and nozzles greater than 12inch nominal pipe size and an increase or decrease in tank shell height. Under API standard 653, evaluation of the potential
hazard for brittle fracture involves a review of a tank's construction materials, operational history, repairs, material stored, and other factors identified as useful in predicting
a tank's performance. The evaluation also could result in more extensive testing (such as a hydrostatic testl. A flowchart of brittle fracture considerations contained in API Standard
653 is shown in Appendix H to the rule. In accordance with API Standard 653 and good engineering practice, if the evaluation indicates that the tank is at risk of failure due to brittle
fracture. the owner or operator would be required to rerate the tank or modify the tank's operation to prevent failure. The Agency proposes the approach described above because it is
consistent with current industry standards and will apply to a greater range of industry tanks at risk. EPA does not propose to require that shop-fabricated tanks be evaluated for brittle
fracture. Such tanks are generally not as susceptible to brittle fracture failure after a change in service because design criteria are tailored to meet the needs of many operating conditions
including variances in pressures, material stored, and temperature. In addition, shop-fabricated tanks are generally much smaller ranging in capacity from 3,000 to 31,500 gallons, and
therefore are less prone to suffer catastrophic failure due to brittle fracture. Field-constructed tanks are usually designed and built to meet a specific type of op"erating condition
and can be much larger in size. Shopfabricated tanks may present a lower risk of causing substantial harm to the environment as a result of discharges to U.S. waters or adjoining shorelines
than larger, field-constructed tanks. The Agency requests comments and data on the proposed requirement to evaluate field-constructed tanks for the risk of failure due to brittle fracture
under certain circumstances. As an alternative, the Agency considered requiring all tanks to undergo a full hydrostatic test to determine their potential for brittle fracture. Under
this option, a hydrostatic test would have to be performed even on tanks that are not considered prone to brittle fracture by industry standards. Moreover, existing tanks would have
to be taken out of service during testing, causing potential disruption to facility operations. Also, EPA considered not requiring facilities to perform any additional evaluations or
tests beyond those required for other regulations. No other regulations were identified, however, that require tests to specifically evaluate the potential for brittle fracture. C. SPCC
Plan Amendment Section 112.4 of the current Oil Pollution Prevention regulation requires the owner or operator of a facility to submit the facility's SPCC Plan to the RA when the facility
has experienced either a discharge of more than 1,000 gallons or two reportable spill events within a twelve month period. The RA can then review the Plan and may require that the Plan
be amended. Under current § 112.3(e), a facility owner or operator must make the Plan available to the Agency for on-site review, but the rule does not provide explicit authority for
the RA to require Plan amendment except under the circumstances described in § 112.4. Because Plan amendment may be necessary to protect navigable waters and adjoining shorelines even
before spill events occur, EPA proposes to give the RA specific authority to require Plan submission and amendment at any time. Proposed § 112.4(d) amends the existing language to to
incorporate this provision and states that the RA may require Plan amendment whenever the Plan does not meet the requirements of 40 CFR part 112 or when Plan amendment is necessary to
prevent and control discharges. This broader authority would include the right of the RA to require amendment following plan review; the rule would clarify the RA's authority to require
amendments in other situations not specified under the existing regulation. D. Authority To Require Preparation of Plans Although the CWA provides EPA broad authority to regulate nontransportation-re
lated onshore facilities, current § 112.1(d) exempts certain facilities. Under the proposed Phase One rule, the § 112.1(d) exemptions would be broadened to include totally buried underground
storage tanks subject to the requirements of EPA's underground storage tank regulation at 40 CFR part 280. Under today's proposal, § 112.1(g) would be added to allow the RA to require
otherwise exempted facilities, on a case-by-case basis, to prepare and implement SPCC Plans where needed to protect navigable waters and adjoining shorelines. Thus, a facility that would
be exempted from the Oil Pollution Prevention regulation on the basis of its underground storage tanks being subject to 40 CFR part 280 may nevertheless have to comply with the requirements
of the Oil Pollution Prevention regulation at the discretion of the RA. The RA would exercise this discretionary authority when necessary to carry out the purposes of the CWA.
8844 Federal Register IVaI. 5a,No. 30 I Wednesd!iY' February 17, 1993 I Proposed Rules The determination would be based on the presence of environmental concerns not adequately addressed
under the UST regulation. Based on the requirements in the UST regulation, EPA expects that it will be necessary for the RA to exercise this authority in very few cases. Moreover, some
of the SPCC Plan requirements that ap'ply to aboveground tank systems would not represent good engineering practice for certain underground tanks. For example, the requirement for secondary
containment as described in current § 112.7(C) is not considered good engineering practice for completely buried underground tanks. Following a preliminary determination, the RA will
provide a written notice to the facility owner or operator stating the reasons why the facility needs to prepare a SPCC Plan. The owner or operator would have the opportunity to provide
information and data and to consult with the Agency about the need to prepare and submit a plan. Following this consultation, the RA will make a final determination on whether the facility
is required to prepare and implement a SPCC Plan. If the RA makes a final determination that a SPCC Plan is necessary to carry out the purposes of the CWA, the owner or operator must
prepare the plan within six months of the RA's decision and implement the Plan as soon as possible, but not later than one year after the final determination has been made. E. Submission
of Plans That Contain a Waiver of Technical Requirements Under the proposed Phase One regulation. a facility's SPCC Plan need not conform to certain technical requirements of 40 CFR
part 112 if equivalent protection is provided. No provision was made in the Phase One proposal, however, for notification to EPA when a facility owner or operator invokes this waiver.
Proposed § 112.7(a)(2) of today's proposed rule would require the owner or operator to submit the Plan to the RA in this circumstance. Thus, EPA staff will have the opportunity to review
the Plan and determine whether the measures described in the Plan do indeed provide equivalent protection. The Agency solicits comment on whether . submission of the entire plan for
the RA to make this determination is necessary. VI. Other Technical Considerations Not Proposed EPA is examining several additional recommendations made in the SPCC Task Force Report
and the GAO report on inland oil spills, including provisions relating to: Plant security; corrosion protection; lightning strike protection; leak detection; and certification of tank
installation plans. EPA is not proposing regulatory changes at this time but is soliciting comment and cost information on these considerations. Improvement of plant security can reduce
the number of discharges that occur as a result of vandalism. Section 112.7(e)(9) of the current Oil Pollution Prevention regulation contains a number ofrequirements concerning plant
security, including provisions on fencing and lighting. The Agency requests comment on the need for additional measures to mitigate potential environmental harm posed by discharges from
different types of facilities, and whether certain provisions should be discretionary for any or all facilities. Metallic aboveground storage tanks are susceptible to corrosion, which
may lead to leakage or the discharge of a tank's entire contents. For metallic aboveground tanks, the primary corrosive concern involves tank bottoms and the types of foundations constructed
for them. The UST regulation at 40 CFR 280.20 requires owners or operators of underground storage tanks to ensure that releases due to corrosion are prevented for as long as the tank
system is used to store regulated substances, such as petroleum products. Cathodic protection is a common method used to protect USTs from corrosion (40 (;FR 280.31). The Agency solicits
comment and cost data on the use of cathodic protection to prevent corrosion on aboveground storage tanks. EPA also reque:;ts comment and cost effectiveness data on other methods of
preventing leaks due to corrosion. Lightning strikes on aboveground storage tanks and fires resulting from the strikes can contribute to discharges of oil. Although various industry
groups have published recommended practices and precautionary measures for owners or operators to follow to avoid lighting strikes, there are currently no Federal regulations in effect
concerning lightning strike protection for aboveground storage tanks. EPA requests comment on the costs and benefits of installing lightning protection systems, such as an air terminal
system, overhead ground wire system, the Faraday Cage system, or combinations of these systems on aboveground storage tanks. Early detection of small oil leaks from above ground storage
tanks may alert owners or operators to needed repairs or other spill prevention or mitigation measUres and thus prevent substantial environmental damage and save the expense of cleaning
up larger quantities of oil that may subsequently leak from the tanks. Section 112.7(e)(2)(vi) of the current Oil Pollution Prevention regulation requires operating personnel to frequently
observe the outside of a tank for signs of deterioration, leaks, or accumulation of oil inside diked areas. Small leaks near the bottom of a tank, however, often are hard to detect Visually.
The Agency is therefore requesting comment and cost effectiveness information on other leak detection methods for aboveground tanks, such as ultrasonic testing and inventory reconciliation.
Also, the Agency requests comment on the appropriateness of testing underground piping for leaks and data on methodologies. The current Oil Pollution Prevention regulation requires facility
owners or operators to have a Professional Engineer review and certify that their SPCC Plans have been prepared in accordance with good engineering practices. This requirement, however,
does not address specific facility procedures such as tank installation. UST regulations at 40 CFR 280.20(e), on the other hand, require certification of compliance with proper installation
practices and of the qualifications of tank installers. The Agency requests comment on appropriate methods to ensure that aboveground tanks are properly installed, such as certification
of installation plans and/or installation monitoring by a professional engineer or other qualified individual. VII. Regulatory Analyses A. Executive Order 12291 Executive Order (E.O.)
12291 requires that regulations be classified as major or non-major for purposes ofreview by the Office of Management and Budget (OMB). According to E.O. 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 foreignbased enterprises in domestic or export markets. An economic analysis performed by the Agency, available for inspection in room M2427
at the U.S. Environmental Protection Agency, 401 M Street, SW.,
Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules 8845 Washington, DC 20460, shows that this proposed rule is major because it would result in estimated
costs to affected facilities of approximately $140.6 million during the first year that the rule is in effect and approximately $60.9 million in each subsequent year. At a 10-percent
interest rate over 10 years, the annualized costs are $73.2 million. Of the total estimated costs, $93.7 million of the first-year costs and $54.0 million of the subsequent-year costs
result from the facility response plan requirements proposed in § 112.20. Approximately $12.6 million of the first-year costs and $6.3 million of the subsequent-year cost are attributable
to the other technical requirements. The proposed revisions pertaining to enforcement of the Oil Pollution Prevention regulation (i.e., amendments to the SPCC Plan, notification of a
waiver of technical requirements. and preparation of SPCC Plans by previously exempted facilities) facilities) are estimated to result in costs of $2.3 million in the first year and
$0.5 million in subsequent years. In addition, it is estimated that facilities will expend $32.0 million in the first year to read and understand the proposed revisions. This economic
analysis estimates costs and benefits for facilities currently subject to the Oil Pollution Prevention regulation. The first-year, subsequent-year, and annualized costs of the proposed
revisions to affected facilities are presented in Table 1. The estimates presented assume that facility response plans reduce the costs and damages caused by oil spills by 30 percent,
which is one of the key assumptions in the analysis. TABLE t.---TOTAL COST TO AFFECTED FACILITIES OF THE PROPOSED RULEMAKING Proposed revision Fll8t-year COIW 􀁓􀁕􀁢􀀸􀁥􀁱􀁵􀁥􀁮􀁾􀁹􀁥􀁡􀁲􀁣􀁯􀁳􀁷
Annualized value of total COIW Rule familiarization $32.0 million $0 $5.2 million. Facility response plan $93.7 million $54.0 million $59.9 million. Trelnlng $11.0 million $4.7 million
$5.7 million. Brittle fracture $1.6 million $1.6 million $1.6 million. Amendments to SPCC plan $12.900 $12.900 $12,900. Notification of waiver of technlcsl requirements $1.5 million
$147.250 $0.3 million. Preparation of SPCC plans by previously ex-$0.8 million $0.3 million $0.4 million. empted facilities. Total........................................................
$140.6 million $60.9 million $73.2 million. EPA also is estimated to incur costs to process, review, and approve facility response plans and to process and review SPCC Plans and other
information submitted as a result of the three proposed revisions related to enforcing the regulation. EPA estimates that it will process approximately 6,500 response plans and review
and approve approximately 2,000 response plans in the first two years after the revisions take effect at a cost of $1.2 million in the first year and $1.1 million in the second year.
EPA also will incur costs of $3.1 million in the first year and $0.5 million each year thereafter to implement the other proposed revisions. At a 10percent interest rate over 10 years,
the annualized costs to EPA are $1.2 million. The Regulatory Impact Analysis (RIA) prepared in support of this rule also includes an assessment of the environmental benefits associated
with the proposed revisions. This benefit estimate includes only the benefits of avoided clean-up costs. value of lost product, and avoided natural resource damages as a result of the
prevention of oil spills or the mitigation of the . severity of spills that do occur. Other damages caused by oil spills, such as damage to private property, lost profit by business,
public health risks, and foregone existence/option value have not been quantified. EPA recognizes that the methodologies to value certain benefits ofavoiding oil spills or mitigating
their effects are contentious and new or revised methodologies currently are under study by other government agencies. For illustrative purposes, the Agency has presented monetary estimates
of these benefits of the proposed rule in the Regulatory Impact Analysis based on currently available data. The cost effectiveness of the proposed revisions also are presented in terms
of the total estimated cost to society per unit volume of spilled oil addressed by the proposed revisions. This measure of cost effectiveness is calculated by dividing the total estimated
costs to affected facilities and the government by the total number of barrels (or gallons) of oil that is estimated not to be spilled as a result of the proposed revisions or, if spilled,
is addressed more effectively as a result of the proposed revisions. Table 2 presents the cost effectiveness of the proposed revisions based on the assumption that facility response
plans reduce the costs and damages caused by oil spills by 30 percent. TABLE 2.---COMPARISON OF ESTIMATED TOTAL ANNUALIZED COSTS AND BENEFITS Proposed revision Rule familiarization .
Facility response plan . Training sa1/gallon . $3.401/barrel . Brime fracture e .. Amendments of SPCC plan . EsUmated EsUmated COIW per avoided volume of spilled all at 30 percent level
of ellectlvene88 for response plans Not Estimated . $3OIgallon . $1,271Ibarrel .. sa1/gallon .. $3,415/barret .. $31/gallon . $1,297Ibarrel . Not Estimated .. EsUmated cosw per avoided
barrel of spilled all at 57 percent level of elfectlveness for response plans Not Estimated. $16fgallon. $869Jbarrel. $31/gallon. $1,303Ibarrel. Not Estimated.
8846 Federal Register /Vol. 58, No. 30 /Wednesday, February 17, 1993 /Proposed Rules TABLE 2.--cOMPARISON OF ESTIMATED TOTAL ANNUALIZED COSTS AND BENEFITS--COntinued Proposed revision
Estimated costs per avoided volume of spilled 011 at 30 percent level of effectiveness for reo sponse plans Estimated costs per aYOlded barrel of apllled 011 at 57 percent level of ef·
fectiveness for response plans Notification of waiver of technical requirements Not Estimated Not Estimated. Preparetion of SPCC plans by previously exempted facilities Not Estimated
Not Estimated. PART 112--oiL POLLUTION PREVENTION the Code of Federal Regulations, as proposed to be revised at 56 FR 54630, October 22,1991, is proposed to be amended as follows: (d)
Except as provided in paragraphs (e) and (g) of this section and the first sentence of § 112.7(a)(3), this part does not apply to: (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, except that such tanks shall be marked on the facility diagram as provided in § 112.7(a)(3).
** * * ** *** * ** *** (g) Notwithstanding paragraph (d) of this section, the Regional Administrator may require any facility subject to the jurisdiction of EPA under section 311(j)
of the CWA to prepare and implement an SPCC Plan or applicable parts thereof. (1) Following a preliminary determination, the Regional Administrator will provide a written notice to the
facility owner or operator stating the reasons why the facility owner or operator needs to prepare an SPCCPlan. (2) The owner or operator may provide information and data and may consult
with the Agency about the need to prepare and submit a Plan. (3) Following this consultation, the Regional Administrator will make a final determination regarding whether the facility
is required to prepare and implement an SPCC Plan. 1. The authority citation for part 112 is revised to read as follows: Authority: 33 U.S.C. 1321 and 1361; E.a. 12777 (3 CFR, 1991 Comp.,
p. 351). 2. Section 112.1, as proposed at 56 FR 54630, is amended by revising paragraphs (d) introductory text and (d)(4), and by adding paragraph (g) to read as follows: § 112.1 Gene,el
eppllcability end notification. U.S.C. 3501 et seq. An Information Collection Request (ICR) has been prepared by EPA (ICR No. 1630.01) and a copy may be obtained from Sandy Fanner, Information
Policy Branch (PM-223Y); U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460, or by calling (202) 260-2740. The collection of information required to prepare
facility response plans is estimated to have a public reporting burden varying from 1 to 256 hours per response in the first year. with an average of 5 hours per response, and to require
an average of 0.65 hours per recordkeeper annually. This includes time to review instructions and guidance, search existing data sources, gather and maintain the data needed, and complete
and review the collection of information. In subsequent years, the facility response plan requirement is estimated to have a public reporting burden that varies from 0-99 hours per response,
with an average of 1 hour per response, and to require an average of 0.6 hours per recordkeeller annually. Send comments regaraing the burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to Chief, Information Policy Branch (PM223Y), U.S. Environmental Protection Agency; 401 M Street SW., Washington, DC 20460,
and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503, marked "Attention: Desk Officer for EPA." The final rule will respond
to any OMB or public comments on the information collection requirements contained in this proposal. List of Subjects in 40 CFR Part 112 Fire prevention, Flammable materials, Materials
handling and storage, Oil pollution, Oil spill response, Petroleum, Reporting and recordkeeping requirements, Tanks, Water pollution control, Water resources. Dated: January 19, 19,
1993. William K. Reilly, Administrator. For the reasons set out in the preamble, part 112, title 40, chapter I of Alternative assumptions about the effectiveness of facility response
plans yield different estimates of the net benefits. For example, estimated costs of facility response plans equal estimated benefits at a 57 percent effectiveness level. At levels of
effectiveness less than 57 percent, estimated costs of the response plan requirement exceed estimated benefits. Conversely, at effectiveness levels greater than 57 percent, estimated
benefits of the response plan requirement exceed the estimated costs. The cost effectiveness of the proposed revisions also is presented in Table 2 at an assumed effectiveness level
of 57 percent. This proposed rule has been submitted to OMB for review as required by E.O. 12291. B. 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 the preliminary analysis indicate that this proposed rule will not have
significant adverse impacts on small businesses because small businesses are unlikely to be affected by the facility response planning, training, or brittle fracture requirements, which
account for the majority of the total costs of the proposed rulemaking (see the "Regulatory Impact Analysis of the Proposed Phase Two Revisions of the Oil Pollution Prevention Regulation,"
Chapter 8, September 1992, available for inspection in room M2427 at the U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460). Therefore. EPA certifies that
this proposed rule is not expected to have a significant impact on small entities, and therefore that no Regulatory Flexibility Analysis is necessary. C. Paperwork Reduction Act The
information collection requirements in this proposed rule have been submitted for approval to OMB under the Paperwork Reduction Act. 44
Federal Register /Vol. 58, No. 30 /Wednesday, February 17, 1993 /Proposed Rules 8847 Complex means a facility possessing a combination of transportation-related and non-transportation-related
components that is subject to the jurisdiction of more than one Federal agency under section 311(j) of the CWA. Injury means a measurable adverse change. either long-or short-term, in
the chemical or physical quality or the viability of a natural resource resulting either directly or indirectly from exposure to a discharge of oil, or exposure to a product of reactions
resulting from a discharge of oil. Adverse weather means the weather conditions that make it difficult for response equipment and personnel to cleanup or remove spilled oil. Alteration
means any work on a tank or related equipment involving cutting, burning, welding, or heating operations that changes the physical dimensions or 􀁣􀁯􀁾􀁦􀁩􀁧􀁵􀁲􀁡􀁴􀁩􀁯􀁮 of a tank.
* * * * * (4) If the Regional Administrator makes a final determination that an SPCC Plan is necessary to carry out the purposes of the CWA, the owner or operator must prepare the Plan
within six months of that determination and implement the Plan as soon as possible, but not later than one year after the final determination has been made. 3. Section 112.2, as proposed
at 56 FR 54630. is amended by removing the paragraph designations (a) through (y), and inserting the following new definitions in alphabetical order, to read as follows: § 112.2 Definitions.
* * * * ** * * * * (f) Personnel, training, and spill prevention procedures. (1) Owners or operators of facilities. which transfer or receive greater than or equal to 10,000 gallons
of oil in a single operation more than twice per month on average, or greater than or equal to 50,000 gallons in a single operation more than once per month on average, shall be responsible
for the proper instruction of their personnel in the operation and maintenance of equipment to prevent discharges of oil and in applicable pollution control laws, rules, and regulations.
(i) All personnel who are involved in oil-handling activities shall receive at least 8 hours of training by [insert date one year after the effective date of the final rule], and at
least 4 hours in subsequent years. Such training (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 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 providing the following: (1) The facility response plan described in § 112.20.
§ 112.7 Spill Prevention, Control, and Countermeasurea Plan general requirements. (a) * * * (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 nonconformance
and describe in detail alternate methods and how equivalent protection will be achieved. The owner or operator of the facility shall submit the Plan to the Regional Administrator together
with a transmittal letter describing how the Plan contains equivalent protection measures in lieu of certain requirements in 40 CFR part 112. If the Regional Administrator determines
that the measures described in the Plan do not provide equivalent protection, the Regional Administrator may require amendment of the Plan, following the procedures in § 112.4 (e) and
(f). **** **** * *** * *** **** Repair means any work necessary to maintain or restore a tank or related equipment to a condition suitable for safe operation. 5. Section 112.7, as proposed
at 56 FR 54634, is amended by revising paragraphs (a)(2). the introductory text of paragraph (d), and paragraphs (d)(l), (f)(l), and (i) and by adding a new paragraph (j) to read as
follows: Maximum extent practicable means the limitations used to determine oil spill planning resources and response times for on-water recovery, shoreline protection, and cleanup for
worst case discharges from onshore nontransportation-related facilities in adverse weather. The appropriate limitations for such planning are available technology and the practical and
technical limits on an individual facility owner or operator. (d) (1) The Regional Administrator may require the owner or operator of any facility subject to this part to submit the
information listed in paragraphs (a)(l) through (a)(8) of this section and such other information as the Regional Administrator may request. After review of the information submitted,
or after on-site review of a facility's Plan, the Regional Administrator may require the owner or operator of such facility to amend the Plan if the Plan does not meet the requirements
of this part or if amendment of the Plan is necessary to prevent or control discharges of oil from such facility into or upon the waters described in § 112.1(a) of this part. (2) After
review of the materials submitted by the owner or operator of a facility as required in § 112.7(d) of this part, the Regional Administrator may approve the Plan or require amendment
of the Plan. Worst case discharge for an onshore non-transportation-related facility means the largest foreseeable discharge in adverse weather conditions, based on the factors described
in appendix E to this part. 4. Section 112.4, as proposed at 56 FR 54633, is amended by redesignating paragraph (d) as paragraph (d)(l). by revising newly designated paragraph (d)(l),
and by adding a new paragraph (d)(2) to read as follows: § 112.4 Amendment of Spill Prevention, Control and Countermeasures Plan by Regional Administrator. ** * * ** * * * * Contracts
or other approved means include: ((1) A written contractual agreement with a response contractor that identifies and ensures the availability of the necessary personnel or equipment
within appropriate response times; (2) A written certification by the owner or operator that the necessary personnel and equipment resources, owned or operated by the facility owner
or operator, are available to respond to a discharge within appropriate response times; (3) Active membership in a local or regional oil spill removal organization that has identified
and ensures adequate access through such membership to necessary personnel and equipment to respond to a discharge within appropriate response times in the specified geogra:phic areas;
or (4) Other specIfic arrangements approved by the Regional Administrator upon request of the owner or operator. * * * * *
8848 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules includes, but is not limited to, subjects such as correct equipment operation and maintenance,
general facility operations, discharge prevention laws and regulations, and the contents of the facility's SPCC Plan. (ii) In the case of new employees, 8 hours of training shall be
given to such personnel within the first week of their emv.loYJ!lent. bii) All such personnel shall also participate in unannounced drills, to be conducted at least annually. '* * *
* * (i) If a field-constructed aboveground tank undergoes a repair, alteration, or a change in service, the facility owner or operator shall evaluate the tank for risk of failure due
to brittle fracture, and, as necessary, take appropriate action in accordance with Section 3 of Tank Inspection, Repair, Alteration, and Reconstruction, January 1991, American Petroleum
Institute, API Standard 653. This incorporation by 􀁲􀁥􀁦􀁥􀁲􀁥􀁮􀁣􀁾will be submitted for approval to the the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Copies may be obtained from the American Petroleum Institute, 1220 L Street NW., Washington DC 20005. Copies may be inspected at the Superfund Docket, U.S. Environmental
Protection Agency, 401 M Street, SW., room M2427, Washington, DC. A flowchart of brittle fracture considerations contained in API Standard 653 is contained in appendix Hto this part.
(j) In addition to the minimal prevention standards listed under § 112.7 (c), (e), (f), (g), (h), and (i), 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). 6. Section 112.20 is added to read as follows: § 112.20 Feclllty '..pon.. plen•• (a) (1.) The owner or operator of any non-transportation-related onshore facility that,
because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines shall prepare
a facility response plan and shall submit a response plan that satisfies the requirements of this section to the Regional Administrator. (2) A facility shall be subject to the requirements
of paragraph (a)(l) of this section if it satisfies the criteria in paragraph (f)(1) of this section or if the Regional Administrator makes a determination pursuant to paragraph (b)
of this section. (1) For a facility that is in operation on or before February 18, 1993, and is required to prepare and submit a response plan based on the criteria in paragraph (f)(1)
of this section, the owner or operator shall submit the response plan, along with a completed version of the response plan cover sheet contained in appendix Gto this part, to the Regional
Administrator on or before February 18, 1993. (ii) For a newly constructed facility that commences operation operation after February 18, 1993, and is required to prepare and submit
a response plan based on the criteria in paragraph (f)(1) of this section, the owner or operator shalhubmit the response plan, along with a completed version of the response plan cover
sheet contained in appendix G to this part, to the Regional Administrator prior to the start of operations. (iii) For a facility required to prepare and submit a response plan after
February 18, 1993, as a result of a planned change in design, construction, operation, or maintenance that renders the facility subject to the criteria in paragraph (f)(1) of this section,
the owner or operator shall submit the response plan, along with a completed version of the response plan cover sheet contained in appendix Gto this part, to the Regional Administrator
before the portion of the faciJity undergoing change commences operations. (iv) For a facility required to prepare and submit a response plan after February 18, 1993, as a result of
an unplanned event or change in facility characteristics that renders the facility subject to the criteria in paragraph (f)(1) of this section, the owner or operator shall submit the
response plan, along with a completed version of the response plan cover sheet contained in appendix G to this part, to the Regional Administrator within six months of the unplanned
event or change. (3) In the event the owner or operator of a facility that is required to prepare and submit a response plan uses an alternative formula to one contained in appendix
C to this part to evaluate the criterion in paragraph (f)(l)(ii)(B) or (f)(l)(ii)(C) of this section, the owner or operator shall attach documentation to the response plan cover sheet
contained in appendix Gto this part that demonstrates the reliability and analytical soundness of the alternative formula. (b)(1) The Regional Administrator may at any time require the
owner or operator of any non-transportationrelated onshore facility to prepare and submit a facility response plan under this section section based on the factors in paragraph (f)(2)
of this section. If the Regional Administrator notifies in writing the owner or operator of the requirement to prepare and submit a response plan under this section, the owner or operator
of the facility shall submit the response plan to the Regional Administrator within six months after such written notification. (2) The Regional Administrator shall review plans submitted
by such facilities to determine whether the facility could cause significant and substantial harm to the environment by the 􀁤􀁩􀁳􀁣􀁨􀁾􀁥 of oil. (c)(l) The Regional Administrator shall
determine whether a facility, because of its location, could reasonably be expected to cause significant and substantial harm to the environment by discharging into or on the navigable
waters or adjoining shorelines, based on the factors in paragraph (f)(3) of this section. If a facility is determined to have the potential to cause significant and substantial harm
to the environment, the Regional Administrator shall notify in writing the owner or operator of the facility. and: (i) Promptly review the facihty resp,0nse plan: bi) Require amendments
to any response plan that does not meet the requirements of this section; (iii) Approve any response plan that meets the requirements of this section; and(iv) Review each response plan
periodicallx thereafter. (2) A facllity owner or operator who is notified in writing that the facility's response plan will require review and approval by the Regional Administrator
and that such approval will not be forthcoming by August 18, 1993, may operate the facility without an approved response plan for up to two years from the date of plan submission in
compliance with statutory requirements, provided that: (i) The facility owner or operator certifies in writing within 30 days of such notification to the Regional Administrator that
the owner or operator has ensured by contract or other approved means the availability of private personnel and equipment necessary to respond, to the maximum extent practicable, to
a worst case discharge or the substantial threat of such a discharge from the facility; and (ii) The contracts or agreements cited in the facility's certification are valid and enforceable
by the parties. (d)(l) The owner or operator of a facility determined to have the potential
Federal Register I VoL .58, No. 30 I Wednesday, 􀁆􀁥􀁢􀁲􀁵􀁡􀁲􀁹􀁾􀀱􀀷􀀬 1993 I Proposed Rules 8849 to cause significant and substantial harm to the environment pursuant to paragraph
(f)(3) of this section shall revise and resubmit the response plan for approval within 60 days of each facility change that materially may affect the potential for a discharge to cause
significant and substantial harm to the environment, including: (i) A change in the facility's configuration that materially alters the information included in the response plan; (ii)
Achange in the type of oil handled, stored, or transferred that materially alters the required response . resources; (iii) A change in the oil spill removal organizations that provide
equipment and personnel to respond to spills described in paragraph (h)(5) of this section anellor a material change in their capabilities; (iv) A material change in the facility's spill
prevention and response equipment or emergency response procedures; (v) Any other changes that materially affect the implementation of the response plan. (2) Except as provided in paragraph
(d)(l) of this section, amendments to personnel and telephone number lists included in the response plan do not require prior approval by the Regional Administrator. Facility owners
or operators shall provide a copy of such changes to the appropriate Regional Administrator as the revisions occur. (e) If the owner or operator ofa facility determines pursuant to paragraph
(a)(2) of this section that its facility does not have the potential to cause substantial harm to the environment, the owner or operator shall complete and maintain at the facility the
certification form contained in appendix Cto this part and, in the event an alternative formula to one contained in appendix Cto this part is used to evaluate the criterion in paragraph
(f)(l)(ii)(B) or (f)(l)(ii)(C) of this section, the owner or operator shall attach documentation to the certification form that demonstrates the reliability and analytical soundness
of the the alternative formula and shall notify the Regional Administrator in writing that an alternative formula was used. (f) (1) A facility shall be deemed to have the potential to
cause substantial harm to the environment pursuant to paragraph (a) of this section, if it meets any of the following criteria applied in accordance with the flowchart contained in appendix
C to this part: (i) The facility transfers oil over water to or from vessels and has a total storage capacity greater than or equal to 42,000 gallol1s; or . (ii) The facility's total
oil storage capacity is greater than or equal to 1 million gallons, and one of the following is true: (A) The facility does not have secondary containment for each aboveground storage
area sufficiently large to contain the capacity of the largest aboveground storage tank within each storage area; (B) The facility is located at a distance (as calculated using the appropriate
formula in appendix C to this part or an alternative formula considered acceptable by the Regional Administrator) such that a discharge from the facility could cause injury to an environmentally
sensitive area as described in appendix Dto this part; (C) The facility is located at a distance (as calculated using the appropriate formula in appendix C to this part or an alternative
formula considered acceptable by the Regional Administrator) such that a discharge from the facility would shut down a public 􀁤􀁲􀁩􀁮􀁫􀁩􀁮􀁾 water intake; or (D) The facihty has had
a reportable spill in an amount greater than or equal to 10,000 gallons within the last 5 years. (2)(i) To determine whether a facility could cause substantial harm to the environment
pursuant to paragraph (b) of this section, the Regional Administrator may consider the following: (A) Ty-.pe of transfer operation: (B) Oil storage capacity; (C) Lack of secondary containment;
(D) Proximity to "environmentally sensitive areas" defined in Appendix D to this part and other areas determined by the Regional Administrator to possess ecological value; (E) E) Proximity
to drinking water intakes; (F) Spill history; and (G) Other site-specific characteristics and environmental factors that the Regional Administrator determines to be relevant to protecting
the environment from harm by discharges of oil into navigable waters or adjoining shorelines. (il) Any person who believes a facility subject to this section may cause substantial harm
to the environment from a discharge of oil may petition the Regional Administrator to determine whether the facility meets the criteria in paragraph (f)(2)(i) of this section; Such petition
shall include a discussion of how the criteria in paragraph (f)(2)(i) of this section apply to the facility in question.. (3) To determine whether a facility could cause·significant
and substantial harm to the environment, the Regional Administrator may consider the factors in paragraph (f)(2) of this section as well as the following: (i) Proximity to environmental
areas of concern defined in Appendix D to this fart: (ii Frequency of past spills: (iii) Proximity to navigable waters: (iv) Age of oil storage tanks: and (v) Other facility-specific
and Regionspecific information, including local impacts on public health. (g)(l) All facility response plans shall be consistent with the requirements of the National Oil and Hazardous
Substance Pollution Contingency Plan (40 CFR part 300) and applicable Area Contingency Plans, and shall be updated periodically. The facility response plan should be coordinated with
the local emergency response plan developed by the local emergency planning committee under section 303 of Title III of the Superfund Amendments and Reauthorization Act of 1986. Upon
request, the owner or operator should provide a copy of the facility response plan to the local emergency planning committee or State emergency response commission. (2) The owner or
operator shall review relevant portions of the National Oil and Hazardous Substance Pollution Contingency Plan and applicable Area Contingency Plan annually and revise the facility response
plan to ensure consistency with these plans. (h) A response plan shall follow the format of the model facility-specific response plan included in appendix G to this part. unless an equivalent
response plan has been prepared to meet State or other Federal requirements. A response plan that does not follow the specific format in appendix Gto this part shall have an emergency
response action plan as specified in paragraph (h)(1) to this part and be supplemented with a crossreference section to identify the location of the elements listed in paragraphs (h)(2)
through (h)(10) of this section. In order to meet the requirements of this part, a response plan shall address the following elements, as reflected in appendix Gto this part: (1) Emergency
Response Action Plan. The response plan shall include an emergency response action plan in the format specified below that is maintained in the front of the response plan, or as a separate
document accompanying the response plan, and that includes the following information: (i) The identity and telephone number of an emergencyresponse coordinator who is the qualified individual
having full authority, including contracting
8850 Federal Register /Vol. 58, No. 30 /Wednesday, February 17, 1993 /Proposed Rules authority, to implement removal actions; (ii) The identity of individuals or organizations to be
contacted in the event of a discharge so that immediate communications between the emergency response coordinator and the appropriate Federal official and the persons providing response
personnel and equipment can be ensured; (iii) A aescription of information to pass to response personnel in the event of a reportable spill; (iv) A description of the facility's response
equipment and its location; (v) A description of response personnel capabilities, including the duties of persons at the facility during a response action and their response times and
qualifications; (vi) Plans for evacuation of the facility and surrounding communities; (vii) A description of immediate measures to provide adequate containment and drainage of spilled
oil; and(viii) A diagram of the facility. (2) Facility information. The response plan shall identify and discuss the location of the facility, the identity and tenure of the present
owner and operator, and the identity of all emergency response coordinator. (3) InformatlOn about emergency response. The response plan shall include: (i) The identity of private personnel
and equipment necessary to remove to the maximum extent practicable a worst case discharge and other discharges of oil described in paragraph (h)(5) of this section, and to mitigate
or prevent a substantial threat of a worst case discharge; (ii) Evidence of contracts or other approved means for ensuring the availability of such personnel and equip-ment; (iil) The
identity and the telephone number of individuals or organizations to be contacted in the event of a discharge so that immediate communications between the emergency response coordinator
and the appropriate Federal official and the persons providing response personnel and equipment can be ensured; (iv) A description of information to pass to response personnel in the
event of a reportable spill; (v) A description ofresponse personnel capabilities, including the duties of persons at the facility during a response action and their response times and
qualifications; (vi) A description of the facility's response equipment, the location of the equipment, and equipment testing; (vii) Plans for evacuation of the facility and surrounding
communities; (viii) A diagram of evacuation routes; and(ix) A description of the duties of the emergency response coordinator identified in paragraph (h)(1) of this section, that include:
(A) Activate internal alarms and hazard communication systems to notify all facilityyersonnel; (B) Notify all response personnel, as needed; (C) Identify the character, exact source,
amount, and extent of the release, as well as the other items needed for notification; (D) Notify and provide necessary information to the appropriate Federal, State, and local authorities
with designated response roles, including the National Response Center, State Emergency Response Commission, Commission, and Local Emergency Planning Committee; (E) Assess the interaction
of the spilled substance with water and/or other substances stored at the facility and notify response personnel at the scene of that assessment; (F) Assess the possible hazards to human
health and the environment due to the release. This assessment must consider both the direct and indirect effects of the release (Le., the effects of any toxic, irritating, or asphyxiating
gases that may be generated, or the effects of any hazardous surface water runoffs from water or chemical agents used to control fire and heat-induced explosion); (G) Assess and implement
prompt removal actions to contain and remove the substance released; (H) Coordinate rescue and response actions as previously arranged with all response personnel; (I) Obtain authority
to immediately access company funding to initiate cleanup activities; and (J) Direct cleanup activities until properly relieved of this responsibility; (x) Guidelines that describe procedures
to to identify response resources to meet the facility response plan requirements of this section are provided in appendix F to this part. (4) Hazard evaluation. The response plan shall
discuss the facility's known or reasonably identifiable history of discharges reportable under 40 CFR part 110 for the entire life of the facility and shall identify areas within the
facility where discharges could occur and what the potential effects of the discharges would be on the affected environment. To assess the range of areas potentially affected, owners
or operators shall, where appropriate, consider the distance calculated in paragraph (f)(1)(ii) of this section to determine whether a facility is located such that a discharge could
cause substantial harm to the environment. (5) Tiered planning scenarios. The response plan shall include discussion of specific scenarios for: (i) A worst case discharge, as calculated
using the appropriate worksheet in appendix E to this part. In cases where the Regional Administrator determines that the worst case discharge volume calculated by the facility is not
appropriate, the Regional Administrator may specify the worst case discharge amount to be used for response planning at the facility. For complexes, the worst case planning quantity
shall be the larger of the amounts calculated for each component of the facility; (ii) A discnarge of 2,100 gallons or less, provided that this amount is less than the worst case discharge
amount; and(iii) A discharge greater than 2,100 gallons and less than or Elqual to 36,000 gallons or 10 percent of the capacity of the largest tank at the faCility, whichever is less,
provided that this amount is less than the worst case discharge amount. For complexes, this planning quantity shall be the larger of the amounts calculated for each comronent of the
facility. (6 Discharge detection systems. The response plan shall describe the procedures and equipment used to detect discharges. (7) Plan implementation. The response plan shall describe:
(i) Response actions to be carried out by facility personnel or contracted personnel under the response plan to ensure the safety of the facility and to mitigate or prevent discharges
described in paragraph (h)(5) of this section or the substantial threat of such discharges; (ii) A description of the equipment to be used for each scenario; (iii) Plans to dispose of
contaminated cleanup materials: and (iv) Measures to provide adequate containment and drainage of spilled oil. (8) Self-inspection, training, and meeting logs. The response plan shall
include: (i) A checklist and record of inspection for tanks, secondary containment, and response equipment; (ii) A description and recora of training exercises and periodic unannounced
drills to be carried out under the response plan; and (iii) Logs of discharge prevention meetings. (9) Diagrams. The response plan shall include site plan and drainage plan diagrams.
(10) Security systems. The response plan shall include a description of facility security systems.
Federal Register /Vol. 58. No. 30 /Wednesday. February 17. 1993 /Proposed Rules 8851 7. Part 112, as proposed to be revised at 56 FR 54630, is amended by adding Appendices C through
Gto read as follows: Appendix C to Part l1Z-Detennination of Substantial Hann 1.0 Introduction The flowchart provided in Attachment e-I shows the decision tree by which owners and operators
will decide whether their facility "could reasonably be expected to cause substantial harm to the environment by discharging into or on the navigable waters, adjoining shorelines, or
the exclusive economic zone." In addition, the Regional Administrator (RA) has the discretion to identify facilities that must prepare and submit facility-specific response plans to
EPA regardless of the self-determination results. The owner or operator or a regulated facility may determine that a facility has the potential to cause substantial harm to the environment
without having to assess every criteria in the flowchart. 2.0 Flowchart for the Determination of of Substantial Harm Facilities that meet one or both of the following two criteria are
identified as posing a potential risk of substantial harm to the environment in the event of a discharge and must prepare and submit a facility-specific response plan to EPA in accordance
with appendix Gof this part: (1) The facility transfers oil over water to or from vessels and has a total storage capacity greater than or equal to 42,000 gallons. (2) The facility's
total oil storage capacity is greater than or equal to one million gallons, and one of the following is true: • The facility does not have secondary containment for each aboveground
storage area sufficiently large to contain the capacity of the largest aboveground storage tank within each storage area; • The facility is located at a distance (as calculated using
the appropriate formula in Attachment e-m or an alternative formula considered acceptable by the RA) such that a discharge from the facility could cause injury to an environmentally
sensitive area, as defined in appendix D of this part; • The facility is located at a distance (as calculated using the appropriate formula in Attachment e-m or an alternative formula
considered accpetable by the RA) such that a discharge from the facility would shut down a public drinking water intake; or, • The facility has had a reportable spill in an amount greater
than or equal to 10,000 gallons within the last five years. 2.1 Description ofScreening Criteria for the Substantial Harm Flowchart (1) Transportation-Related Facilities Greater Than
or Equal to 42,000 Gallons Where Operations Include Over-Water, Transfer ofOil-A transportation-related facllity with a total storage capacity greater than 42,000 gallons that transfers
oil over water to or from vessels must submita response plan to EPA. Daily oll transfer operations at these types of facilities occur between barges and vessels and onshore bulk storage tanks over open water. (2) Lack of Secondary
Containment at Facilities With a Total Storage Capacity Greater Than or Equal to One Million GallonS-Any facility with a total storege capacity greater than or equal to one million gallons
without secondary containment sufficiently large to contain the capacity of the largest tank within each storege tank area must submit a response plan to EPA. A secondary containment
area that is "sufficiently large" must contain the maximum capacity of the largest tank within a single containment area plus an allowance for precipitation. Secondary containment structures,
which meet the standard of good engineering practice for the purposes of this part, include berms, dikes, retaining walls, curbing, culverting, gutters, or other drainage systems. (3)
Proximity to Environmentally Sensitive Areas at Facilities With a Total Storage Capacity Greater Than or Equal to One Million Gallons-A facility with a total storage capacity greater
than or equal to one million gallons must submit its response plan if it is located at a distance such that a discharge from the facility could cause injury to to an environmentally
sensitive area, as defined in appendix Dof this part. "Injury" is defined in § 112.2 oftbis part. This definition of "injury" is derived from the Natural Resource Damage Assessments
rule at 43 CFR part 11. Owners or operators may determine the distance at which an oil spill could cause injury to an environmentally sensitive area using the appropriate formula presented
in Attachment e-m of this appendix or an alternative formula considered acceptable by theRA. (4) Proximity to Public Drinking Water Intakes at Facilities With a Total Storage Capacity
Greater Than or Equal to One Million Gallons-A facllity with a total storage capacity greater than or equal to one million gallons must submit its response plan if it is located at a
distance such that a discharge from the facllity would shut down a drinking water Intake. The distance at which an oil spill from an SPeC-regulated facility would shut down a drinking
water intake may also be calculated using the appropriate formula presented in in Attachment e-m or an alternative formula considered acceptable by the RA. (5) Facilities That Have Experienced
Reportable Spills in an Amount Greater Than or Equal to 10,000 Gallons Within the Past Five Years and That Have a Total Storage Capacity Greater Than or Equal to One Million Gallons-A
facility's spill history within the past five years shall be considered in the evaluation for substantial harm. Any facility with a total storage capacity greater than or equal to one
million gallons that has experienced a reportable spill in an amount greater than or equal to 10,000 gallons within the past five years must submit a response plan to EPA. 3.0 Certification
Form for Facilities That Do Not Pose Substantial Harm Facilities that do not meet the substantial harm criteria listed in Attachment e-I must complete a certification of substantial
harm determination form and maintain the form as part of their SPeC Plan. The certification of substantial harm determination form is provided in Attachment e-n. The owner or operator
is required to notify the RA in writing that an alternative formula was used to determine that the facility does not pose a threat of substantial harm. The documentation that demonstrates
the reliability and analytical soundness of the alternative formula must be maintained at the facility. Attachment C-I BILUNG CODE􀁾
8852 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules Flowchart for the Determination of Substantial Harm Does the facility have a maximum storage capacity
greater than or equal to 42,000 gallons and do the opemtions include over water transfers of oil to or from vessels? No Yes Submit Response Plan Does the facility have a maximum stomge
capacity l[eater than or J equal to one nullion gallons? Yes Is the facility without adequate se.:ondaIy containment for each aboveground swrage area sufficiently large to contain the
capacity of the largest aboveground stomge tank within that storage area? No Yes Is the facility located at a distancesuch that a discharge from the facility VAIl could cause injury
to an environmentally sensitive area as defined in Appendix D? No No Is the facility located at a distance-such that a discharge from the facility would shut down a public drinking watcr
intakc? No Yes Within the past five years, has the facility experienced a reportable Yes spill spill in an amount greater than or equal to 10,000 gallons ? No No Submittal Except at
of Response Plan RA Discretion -• Calculate using the appropriate formula in Attachment C-III or an alternative formula considered acceprable by the RA BIWNG CODE .....-...c
Federal Register I Vol. 58, No. 30 I Wednesday, February 11, 1993 I Proposed Rules 8853 Attachment C-1I.--Certi8cation of Substantial Harm Determination Form Facility name: ----------Facility
address: ---------1. Does the facility have a maximum storage capacity greater than or equal to 42,000 gallons and do the operations Include over water transfers of oil to or from vessels?
Yes No __ 2. Does the facility have a maximum storage capacity greater than or equal to one million (1,000,000) gallons and is the facility without secondary containment for each aboveground
storage area sufficiently large to contain the capacity of the largest aboveground storage tank within the storage area? Yes No, __ 3. Does the facility have a maximum storage capacity
greater than or equal to one million (1,000,000) gallons and is the facility located at a distance (as calculated using the appropriate formula in Attachment e-m or an alternative formula'
considered acceptable by the RA) such that a discharge from the facility could cause injury to an environmentally sensitive area as defined in Appendix D1 Yes No, __ 4. Does the facility
have a maximum storage capacity greater than or equal to one million (1,000,000) gallons ar.d is the facility located at a distance (as calculated using the appropriate formula in Attachment
e-m or an alternative formula' considered acceptable by the RA) such that a discharge from the facility would shut down a public drinking water intake? Yes No __ 5. Does the facility
have a maximum storage capacity greater than or equal to one million (1,000.000) gallons and within the past 5 years, has the facility experienced a reportable spill in an amount greater
than or equal to 10,000 gallons? Yes No __ CERTIFICATION I certify under 􀁰􀁥􀁮􀁾􀁬􀁴􀁹 of law that I have personally examined and am familiar with the information submitted in this
document, and that based on my inquiry of those individuals responsible for obtaining this information, I believe that the submitted information is true, accurate, and complete. Signature
Name (please type or print) Title Date 1If llJl alternative formula is used. documentation of the reliability and analytical soundness of the alternative formula must be attached to
this form. Attachment 􀁃􀀭􀁉􀁉􀁉􀀮􀁾􀁡􀁬􀁣􀁵􀁬􀁡􀁴􀁩􀁯􀁮ofthe PIIlDIlins Distance As part of the substantial harm determination, the facility owner or operator must evaluate whether
the facUity is located at a distance which could cause injury to an environmentally sensitive area or disrupt operations at a drinking water Intake. To quantify that distance, EPA considered
oil transport mechanisms over land and on still and moving navigable waters. After assessing oil transport over land, the primary concern for calculation of a planning distance is the
transport of oil in navigable waters. Therefore, two formulas have been developed to determine distances for planning purposes from the point of discharge at the facility to the potential
site of impact on moving and still waters, respectively. The formula for oil transport on moving navigable water is based on the velocity of the water body and the time interval for
arrival of response resources. The still water formula accounts for the spread of discharged oil over the surface of the water. EPA's formulas were designed to be simple to use. However,
facilities may calculate planning distances using more sophisticated formulas, which take into account broader scientific or engineering principles. or local conditions. Such alternative
formulas may result in different planning distances than EPA's formulas. If an alternative formula is used to establish the appropriate distance to sensitive environments or drinking
water intakes and it is determined that the facility does not pose substantial harm, the owner or operator is required to notify the RA in writing. Documentation must be maintained at
the facility to demonstrate the reliability and analytical soundness of the alternative formula. Those facilities that meet the substantial harm criteria and use an alternative formula
to determine the planning distance must attach the documentation that demonstrates the reliability and analytical soundness of the alternative formula to the response plan cover sheet
in appendix G of this part. The owner or operator of a regulated facility may determine that a facility has the potential to cause substantial harm to the environment without having
to perform a planning distance calculation. For facilities that meet the substantial harm determination because of inadequate secondary containment or spill history. as listed in the
flowchart in Attachment e-l, calculation of the planning distance iii ... unnecessary. For facilities that do not meet the substantial harm criteria for secondary containment and spill
history listed in the flowchart. calculation of a planning distance for proximity to sensitive environments and drinking water intakes is required, unless it is clear that these areas
would be impacted without performing the calculation. Alternative formulas are subject to review by the RA. However, such formulas shall be deemed adequate unless the RA notifies the
owner or operator in writing of specific technical objections. The planning distance formula for transport on moving waterways contains three variables: The velocity of the navigable
water (v), the response time interval (t) and a conversion factor (c). The velocity, v, is determined by using the Chezy-Manning equation, which models the flow of water in open channels.
The Chezy-Manning equation contains three variables which must be determined by facility owners and operators. Manning's Roughness Coefficient, n, can be determined from Table 1. The
hydraulic radius, r, can be evaluated using the average mid-channel depth from charts provided by the sources listed in Table 2. The average slope of the river, s, can be determined
using topographic maps that can be ordered from the U.S. Geological Survey. as listed in Table 2. For further information on fluid flow. refer to Open Channel Hydreulics by V.T. Chow,
published by McGraw Hill in 1959. Table 3 contains specified time intervals for arrival of response resources at the scene of a discharge. The response times listed in Table 3 are consistent
with the U.S. Coast Guard's (USCG) proposed rulemaking for response plans. Response resources should be prepositioned to arrive at the discharge site within 12 hours of the discovery
of an oil discharge in Higher Volume Port Areas and Great Lakes; and 24 hours in all other river, inland and nearshore areas as defined in this attachment. The specified time intervals
have been adjusted upward to include a three hour time period for deployment of booms and other response equipment. The designated Higher Volume Port Areas listed in the definitions
section are example areas covered in the proposed USCG tank vessel response plan regulation. The RA may identify additional areas as appropriate. Oil Transport on Moving Navigable Waters
The facility owner or operator should use the following formula to calculate the planning distance: d=vxtxc; where d: the distance downstream from a facility within which an environmentally
sensitive area could be injured or drinking water intake would be shut down in the event of an oil discharge (in miles); v: the velocity of the river/navigable water of concern (in ftlsec)
as determined by Chezy-Manning's equation (see below and Tables 1 and 2); t: the time interval specified in Table 3 based upon the type of water body and location (in hours); and c:
constant conversion factor 0.68 secemile/hreft (3600 sec/hr+5280 ftlmile). Chezy-Manning's equation is used to determine velocity: v=1.5/nxr2'3xsll2 where: v=the velocity of the river
of concern (in ftI sec); n=Manning's Roughness Coefficient from Table 1 r=the hydraulic radius; the hydraulic radius can be approximated for parabolic channels by multiplying the average
mid-channel depth of the river (in feet) by .667 (sources for obtaining the midchannel depth are listed in Table 2)
8854 Federal Register /Vol. 58, No. 30 /Wednesday, February 17, 1993 /Proposed Rules TABLE 1.-MANNING'S ROUGHNESS COEFFICIENT FOR NATURAL STREAMS TABLE 2.-S0URCES OF RAND S FOR THE CHEzy-MANNING
EaUATION s=the average slope of the river (unitless) obtained from topographic maps supplied by the U.S. Geological Survey listed in Table 2 Minor streams (Top Width <100 It.) Clean:
Straight 0.03 Winding 0.04 Sluggish (Weedy, deep pools): No trees or brush 0.06 Trees and/or brush 0.10 Major streams (Top Width >100 It.) Regular Section (no bouldersf brush) 0.035
Irregular Section (brush) 0.05 Note: Coefficients are presented for high flow rates at or near flood stage. The formula presented below can be used to calculate the slope. • Determine
the distance (in miles) between the facility and the drinking water intake or environmentally sensitive area (C). • Use the following formula to find the slope, which will be a unitless
value: Average Slope=[(A -B) (ft)/C (miles)]x [1 mile/5280 feet] If it is not feasible to determine the slope and mid-channel depth as required by the Chezy-Manning equation, the river
velocity can be approximated on-site. A specific length, such as 100 feet, can be marked off along the shoreline. A float can be dropped into the stream above the mark, and the time
required for the float to travel the distance can be used to determine the velocity in feet per second. However, this method will not yield an average velocity for the length of the
stream, but a velocity only for the specific location of measurement. In addition, the flow rate will vary depending on weather conditions such as wind and rainfall. It is recommended
that owners and operators repeat the measurement under a variety of conditions to obtain the most accurate estimate of the surface water velocity. The planning distance calculations
for moving and still navigable waters are based on discharges of persistent oils released in worst case discharge volumes. Persistent oils are of concern because they can remain in the
water for significant periods of time and can potentially exist in large quantities downstream. Owners and operators of facilities that store persistent as well as non-persistent oils
may use an alternative formula provided it is acceptable to the RA. The volume of oil discharged is not included as part of the planning distance calculation for moving navigable waters.
Facility owners and operators that will complete this part of the substantial harm determination are those with facility capacities greater than or equal to one million gallons. It is
assumed that these facilities are capable of having an oil discharge of sufficient quantity to cause injury to a sensitive environment or shut down a drinking water intake. While owners
and operators of transfer facilities that store greater than or equal to 42,000 gallons are not required to use a planning distance formula for purposes of the substantial harm determination,
they should use a planning distance calculation in the development of facility-specific response plans. 6014 U.S. Post Office and Courthouse Omaha, Nebraska 68102 Phone: (402) 221-3900
Charts of Ohio River: U.S. Army Corps of Engineers Ohio River DiVision P.O. Box 1159 Cincinnati, Ohio 45201 Phone: (513) 684-3002 Charts of Tennessee Valley Authority Reservoirs. Tennessee
River and Trlb· utaries: Tennessee Valley Authority Maps and Engineering Section 416 Union Avenue Knoxville, Tennessee 37902 Phone: (615) 632-2921 Charts of Black Warrior River, Alabama
River, Tombigbee River, Apalachicola River and Pearl River: U.S. Army Corps of Engineers Mobile District P.O. Box 2288 Mobile, Alabama 36628-0001 Phone: (205) 690-2511 The average slope
of the river (s) may be obtained from topographic maps: U.S. Geological Survey Map Distribution Federal Center Bldg. 41 Box 25286 Denver, Colorado 80225 Additional information can be
obtained from the follOWing sources: (1) The State Department of Naval Resources (DNR) or the State Aids to Navigation office; (2) Aknowledgeable local marina operator; or (3) A knowledgeable
local water authorIty (i.e.. State water commission) TABLE 2.-S0URCES OF RAND S FOR THE CHElY-MANNING EauATloN-Continued The average slope of the river(s) can be determined from the
topographic maps using the following steps: • Locate the facility on the map. • Find the Normal Pool Elevation at the point of release from the facility into the water (A). • Find the
Normal Pool Elevation of the drinking water intake or environmentally sensitive area located downstream (B) (Note: The owner or operator should use a minimum of 20 miles downstream as
a cutoff to obtain the average slope if the location of a specific drinking water intake or environmentally sensitive area is unknown). • If the Normal Pool Elevation is not available,
the elevation contours can be used to find the slope. Determine elevation of the water at the point of release from the facility (A). Determine the elevation of the water at the appropriate
distance downstream (B). Roughness coStream description efficient (n) All of the charts and related publications for navigational waters may be ordered from: Distribution Branch (N/CG33)
National Ocean Service Riverdale, Maryland 20737-1199 Phone: (301)436-6990 There will be a charge for materials ordered and a VISA or Mastercard will be accepted. The mid-channel depth
to be used In the calculation of the hydraulic radius (r) can be obtained directly from the following sources: Charts of Canadian Coastal and Great Lakes Waters: Canadian Hydrographic
Service Department of Fisheries and OCeans Institute P.O. Box 8080 1675 Russell Road Ottawa, Ontario KIG 3H6 Canada Phone: (613) 998-4931 Charts and Maps of Lower Mississippi River (Gulf
of Mexico to Ohio River and St. Francis, White, Big Sunflower, Atchafalaya, and other rivers): U.S. Army Corps of Engineers Vicksburg District P.O. Box 60 Vicksburg, Mississippi 39180
Phone: (601) 634--5000 Charts of Upper Mississippi River and II· linois Waterway to Lake Michigan: U.S. Army Corps of Engineers Rock Island District P.O. Box 2004 Rock Island, Illinois
61204 Phone: (309) 788-6412 Charts of Missouri River: U.S. Army Corps of Engineers Omaha District
Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules TABLE 3.-SPECIFIED TIME INTERVAL 8855 Higher volume port erees and Great Lakes Other areas Shoreline
and Inland 12 hour errlval + 3 hour deployment. 15 hours 24 hours + 3 hour deployment = 27 hours. Rivers 12 hours + 3 hour deployment = 15 hours. 24 hours + 3 hour deployment = 27 hours.
Definitions Great Lakes: includes the Great Lakes (Superior, Michigan, Huron, Erie and Ontario) plus their connecting and tributary waters including the Calumet River as far as Thomas
J. O'Brien Lock and Controlling Works (between mile 326 and 327), the Chicago River as far as the east side of the Ashland Avenue Bridge (between mile 321 and 322), and the Saint Lawrence
River as far east as the lower exit of the Saint Lambert Lock. Higher Volume Port Area: includes (1) Boston, MA (2) New York, NY (3) Delware Bay and River, PA (4) St. Croix. VI (5) Pascagoula,
MS (6) Mississippi River from Southwest Pass, LA to Baton Rouge, LA (7) Louisiana Offshore Oil Port (LOOP) (8) Lake Charles, LA (9) Sabine-Neches River, TX (10) Galveston Bay and Houston
Ship Channel, TX (11) Corpus Christi, TX (12) Los Angeles/Long Beach Harbor, CA (13) San Francisco Bay and Sacramento River,CA (14) Straits of Juan de Fuca and Puget Sound, WA (15) Prince
William Sound, AK (16) others as specified by RA Inland Area: the area shoreward of the boundary lines defined in 46 CFR Part 7, except in the Gulf of Mexico. In the Gulf of Mexico,
inland areas include the area shoreward of the lines of demarcation (COLREG lines as defined in 33 CFR sections 80.740-80.850). The inland area does not include the Great Lakes or rivers
and canals. River and Canals: bodies of water confined within the inland area that have a controlled navigable depth of 12 feet or less, including the Intracoastal Waterway. Example
of the Planning Distance Calculation The following example provides a sample calculation using the planning distance formula for a facility discharging into the Monongahela River: (1)
1) Solve for v by evaluating n, r. and s for the Chezy-Manning equation: n=0.035 From Table 1 for a regular section of a major stream with a top width greater than 100 feet. The top
width of the river can be found from the topographic map. s=1.3 x 10-4where A = 727 feet, B = 710 feet, and C = 25 miles. Solving: ((727 ft-710 ft)/25 miles)x(t mile/5280 feet]=1.3x10-4
r=13.33 feet. The average mid-channel depth is found by averaging the mid-channel depth for each mile along the length of the river between the facility and the drinking water intake
or the environmentally sensitive area (or 20 miles downstream if applicable). This value is multiplied by 0.667 to obtain the hydraulic radius. The mid-channel depth is found on the
chart of the Monongahela River. Solving: r=0.667x20 feet=13.33 feet Solve for v using v=1.5/m<I·213xs1/2: v=[1.5/0.035]x(13.33)213X(1.3xI0-4)1/2 v=2.73 feet/second (2) Find t from Table
3. For the Monongahela River, the resource response time is 27 hours. (3) Solve for planning distance, d: d=vx!Xc d=(2.73 ftIsec)x(27 hours)x(0.68 secemile/hreft) d=50 miles Therefore,
50 miles downstream is the appropriate planning distance for this facility. Oil Transport on Still Water For bodies of water including lakes or ponds which do not have a measurable velocity,
the spreading of the oil over the surface must be considered. Owners and operators of facilities located next to still water bodies may use an alternative means of calculating the planning
distance if it is acceptable to the RA. If an alternative formula is used. documentation of the reliability and analytical soundness of the alternative calculation must be attached to
the response plan cover sheet. To assist those facilities which could potentially discharge into a still body of water, the following analysis was performed to provide an example of
the type of formula that may be used to calculate the planning distance. For this example, a worst case discharge of 2,000,000 gallons is used. The surface area covered by a spill on
still water, water, AI, can be determined by the following formulal , where V is the volume of the spill in gallons: AI=lOSV3/4 V=2,ooo,OOO gallonsxO.13368 ft3/gallon=267,360 ft3 t Huang,
J.C. and Monastero, F.C., 1982. Review of the State-of-the-the Art of Oil Pollution Models. Final report submitted to the American Petroleum Institute by Raytheon Ocean Systems. Co.,
East Providence. Rhode Island. AI=10Sx(267,360j3/4 AI=1.18x109 ft2 The spreading formula is based on the theoretical condition that the oil will spread uniformly in all directions forming
a circle. In reality, the outfall of the discharge will direct the oil to the surface of the water where it intersects the shoreline. Although the oil will not spread uniformly in all
directions, it is assumed that the discharge will spread from the shoreline into a semicircle (this assumption does not account for winds or wave action). The area of a circle=m-2 To
account for the assumption that oil will spread in a semi-circular shape, the area of . a circle is divided by 2 and is designated as A2. A2=(m-2)/2 Solving for the radius, r, using
the relationship A.=A2: 1.18x109=(m-2)/2 :. r=27,404 ft 27,404 ft+5,270 ft/mile=5.2 miles Assuming a 20 knot wind under storm conditions: 1 knot=1.15 miles/hour 20 knotsX1.15 miles/hour/knot=23
m1hr Assuming that the oil slick moves at 3% of the wind's speed 2: 23 miles/hourxO.03=.69 miles/hour To estimate the distance that the oil will travel, the time required for response
resources to arrive at different geographic locations according to Table 3 is used: For Higher Volume Port Areas and Great Lakes: 15 hrsxO.69 m/hr=10.4 miles For other areas: 27 hrsxO.69
m1hr=18.6 miles The total distance that the oil will travel from the point of release: Higher Volume Port Areas and Great Lakes: 10.4+5.2 miles or approximately 16 miles Other areas:
18.6+5.2 miles or approximately 24 miles Oil Transport Over Land Facility owners or operators must evaluate the potential for oil to be transported over land to waters of the United
States. The owner or or operator should evaluate the likelihood that portions of a worst case discharge would reach navigable waters via open channel flow or from sheet flow across the
land, or be prevented from reaching navigable waters when trapped in natural or man-made depressions. As discharged oil travels over land, it may enter a storm drain or open concrete
channel intended for drainage. An evaluation of the flow of oil in concrete pipes and channels • 011 Prevention a: Control. National Spill Control Scbool. Corpus Christi State University,
Thirteenth Edition, May 1990.
8856 Federal Register I VoL 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules reveals that the travel time through the length of the drain is virtually instantaneous.3 For this
reason, it is assumed that once oil reaches such an inlet, it will flow into the navigable water. During a storm event, it is highly probable that the oil will either now into the drainage
structures or follow the natural contours of the land and flow into the navigable water. Expected minimum and maximum velocities are provided as examples of open channel and pipe now.
The ranges listed below renect minimum and maximum velocities used as design criteria. It is shown that the time required for oil to travel through a storm drain or open channel to navigable
water is negligible and can be considered instantaneous. The velocities are: For open channels: maximum velocity=25 feet per second minimum velocity=3 feet per second For storm drains:
maximum velocity=25 feet per second miuimum velocity=2 feet per second Assuming a length of 1/2 mile from the point of discharge through a open concrete channel or concrete storm drain
to a navigable water, the travel times (distance/velocity) are: 3 The design velocities were obtained from Howerd County, Maryland Deportment of Public Works' Storm Drainage Design Manual.
1.8 minutes at a velocity of 25 feet per second 14.7 minutes at a velocity of 3 feet per second 22.0 minutes at a velocity of 2 feet per second The distances that should be considered
to determine the planning distance are illustrated in Figure 1. The relevant distances can be described as follows: Dl=Distance from the nearest opportunity for release, XI, to storm
drain or open channel leading to navigable water D2=Distance through storm drain or open channel to navigable water D3=Distance downstream from outfall within which an environmentally
sensitive area could be injured or a drinking water intake would be shut down as determined by the planning distance formula D4=Distance from the nearest opportunity for release, X2,
to to an environmentally sensitive area not associated with navigable water Facility owners and operators whose nearest opportunity for discharge is located within 1/2 mile of a navigable
water should complete the planning distance calculation or lin alternative formula acceptable to the RA. Facilities that are located at a distance greater than '12 mile from a navigable
water should also calculate a planning distance if they are in close proximity to storm drains or environmentally sensitive areas. Storm drains or concrete drainage channels that are
located in close proximity to the facility provide a direct pathway to navigable waters. Figure 1 depicts the configuration of a facility and denotes the storm drain as Dl. If Dl is
lessthan or equal to 1/2 mile, a discharge from the facility could pose substantial harm since the travel time through the storm drain to the navigable water (D2) is instantaneous. Even
if the facility is located at a distance greater than 1/2 mile from the navigable water, the storm drain provides direct access to the water, regardless of the length of the drainage
pipe. In this case, the owner or operator should calculate a planning distance. A facility's proximity to an environmentally sensitive area, as depicted in D4 of Figure 1 should also
be considered, regardless of the distance from the facility to navigable waters. Factors to be considered in assessing oil transport over land to sensitive environments and storm drains
should include the topography of the surrounding area, drainage patterns, man-made barriers (excluding secondary containment structures), and soil distribution and porosity. BILUNG CODE
fI56O-5O-P
---􀁾en !" 􀁾wo􀁾iGl 􀁾It-& 􀁾t-& CCI CCI W􀁾1Co 􀁾CD Gl Ii.. z􀁾 co QC'" <D 􀁾;..-. or 03 I I I I l _ ,,-----------=-;= Nearest opportunity for release Storm sewer -Figure 1 -1t1t Not
to scale 1t1t 'fo II1_ Sewer @􀁾􀁉 02 I 1 04 1 Top View 􀁂􀁬􀁗􀁎􀁑􀁃􀁏􀁄􀁅􀁾 CD CD ell 'I
8858 Federal Register /Vol. 58, No. 30 /Wednesday. February 17, 1993 /Proposed Rules , Where EPA Is designated as the responsible agency, the Information will ba proYlded by the appropriate
Regional office. NOTE: Please contact State or local agencies for Information on resources they manage. Acronyms BLM-Bureau of Land Management DOl-Department of Interior Location sacramento
River, CA. NMF5 species HawaIIan monk seal....... NW HawaIIan Islands. Leatherllack sea turtle .... sandy Pt., 51. CroiX, U5VI. 35 Steller sea lion rookAlaska/N. Pacific Coasl. ery sites.
Winter-run chinook salm· on. EPA-Environmental Protection Agency FWS-Fish and Wildlife Service NOAA-National Oceanic and Atmospheric Administration NPS-National Park Service USDA-United
States Department of Agriculture Attachment D-II.-Critical Habitats and EndangeredlI'breatened Species 1. Designated Critical Habitat for National Marine Fisheries Service (NMFS) Species
The following locations have been designated as critical habitats for NMFS species. These habitats are considered anvironmentally sensitive areas and are preserved by the government.
Habitat boundaries for the NMFS species listed below are identified in the 50 CFR parts 226 and 227. This list is not alI-inclusive. Facility owners and operators should contact the
appropriate NMFS region listed in Section 3 of this attachment for further information. 2. Seasonal Critical Habitats Primary seasonal habitat areas for endangered species as identified
in recovery plans and other technical documents are listed below. Facility owners and operators should contact the appropriate NMFS region listed in Section 3 of this attachment for
further information. Northern Right Whale (Final Recovery Plan. December 1991) Florida-Georgia coast from 28°N to 32°N during the months of December through March. Calving and nursery
area. Cape Cod-Massachusetts Bay during the months of March-September. Primary feeding areas. Great South Channel on the western edge of Georges Bank and Jeffrey's Ledge during the months
months of March-September. Primary feeding area. Humpback Whale-East Coast Population (Final Recovery Plan, November 1991) Gulf of Maine, Great South Channel. Stellwagen Bank. and Jeffrey's
Ledge during the period from mid-April through midNovember. Primary feeding area. Silver Bank and Navidad Bank off the coast of Puerto Rico, coastal areas off the northwest coast of
Puerto Rico, and the U.S. Virgin Islands from mid-December through early April. Calving and nursery area. Humpback Whale-West Coast Population (Final Recovery Plan, November 1991) Hawaiian
Islands (Central North Pacific stock) and Guam (Western North Pacific stock) from December-April. Calving and nursery area. Central and western Gulf of Alaska. including Prince William
Sound, Shelikof Straight, Barren Islands and the southern Responsible federal agency 001 NOAAIFWS FWS NOAA OOVNPS USDA NOAA EPA' DOT OOUNPS Areas Wetlands, as defined In 40 CFR EPA'
230.3. Critical habitat for designated or NOAAIFWS proposed endangeredllhreatened species. Habitat used by deslgns\Pd or pro-NOAAIFWS posed endangeredlthreatened species or marine mammals
defined as depleted. Marine sanctuaries . National parks . Federal wlldemess areas .. Coast Zone Management Act des-Ignated areas. Nalional estuary program NOAA Near coastal waters program
EPA' araas. Clean lakes program critical areas National monuments .. National seashore recreational areas. National lakeshore recreational 001 areas. National presarves . Nalional wildlife
refuges .. Coastal barrier resource system (units, undeveloped, partially developed). Nalional river reach designated as EPA' recreational. Federal or state designated scenic 001 or
wild river. Nalional conservation areas DOVBLM Hatcheries FWS Waterfowl management areas FWS several aquatic habitats on their relative vulnerability to oil. This prioritized list will
help owners and operators to direct their initial spill response to the most critical areas. Areas considered as environmentally sensitive will change as the various Federal and State
agencies responsible for designating the areas periodically update their lists. Owners and operators are expected to ensure that facility response plans reflect the listing of sensitive
environments published to a point in time 6 months prior to plan submission. For example, plans submitted to meet the February 18,1993, deadline would only need to consider sensitive
environments designated by responsible agencies in Attachment D-I as of August 18, 1992. A 6month cutoff point for considering environmentally sensitive areas would also apply in situations
where plans are periodically updated or resubmitted for approval of a material change. Attachment D-I.-Responsible Federal Agencies for Specific Environmental Resources For more information
on the following areas, owners and operators should contact the responsible agency listed below. These agencies will provide assistance. including maps, for the areas under their jurisdiction.
Appendix D to Part 112.Environmentally Sensitive Areas Proximity to environmentally sensitive areas has been identified as a factor in the substantial harm evaluation. To assist owners
and operators in identifying these areas, environmentally sensitive areas may include a variety of areas, such as: Wetlands, National and State parks, critical habitats for endangered/threatened
species, wilderness and natural areas, marine sanctuaries, conservation areas, preserves. wildlife areas, scenic and wild rivers, seashore and lakeshore recreational areas, and critical
biological resource areas. Other environmental areas that may be considered by the Regional Administrator (RA) to determine whether a facility poses significant and substantial harm
to the environment include: Federal and State lands that are research natural areas. heritage program areas, land trust areas, and historical and archeological sites and parks. These
areas may also include unique habitats, such as: aquaculture sites, bird nesting areas, designated migratory routes, and designated seasonal habitats. The RA may determine, on a case-by-case
basis, that additional areas that possess ecological significance are considered to be environmentally sensitive for the purposes of this regulation. Attachment C-I1I of appendix C of
this part provides a method for owners and operators to determine if the facility is located at a distance such that a discharge from the facility could cause injury to an environmentally
sensitive area. The distance calculation is based on oil transport on fast moving and still waters and over land. "Injury" is defined in § 112.2 of this part. This definition of "injury"
is derived from the Natural Resource Damage Assessments rule at 43 CFR part 11. The attachments to this appendix provide environmental information to facility owners and operators for
the development of response plans. The attachments also provide information regarding the boundaries of environmentally sensitive areas located near the facility and prioritize vulnerable
areas for protection in the event of a discharge. Attachment D-I provides a list of responsible Federal agencies for specific environmental resources. Critical habitats for designated
endangered/threatened species have been designated as environmentally sensitive areas. Further information to assist owners and operators to delineate boundaries on critical habitats
for endangered/threatened species identified by the National Marine Fisheries Service (NMFS) is provided in Attachment D-II. National Marine Sanctuaries (NMS) and National Estuarine
Research Reserves (NERR) are listed in Attachment D-I1I. The sanctuaries and reserves are protected by various Federal regulations. In order to prioritize and allocate sufficient resources
for oil containment and recovery in the event of a discharge. Attachments D-IV and D-V present a comparison of the vulnerability of certain aquatic ecosystems to 􀁾􀁩􀀱 discharges. Attachment
D-IV presents a list of aquatic habitats, their importance, and vulnerability to oil discharges. Attachment D-V ranks
Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules 8859 NMFS Alaska Region, Steven Pennoyer. Director, Post Office Box 21668, Juneau, AK 99802. Tel: (907)
586-7221. Attachment D-llI.-Marine Sanctuary and Estuarine Reserves The following sanctuaries and reserves are protected by Federal regulations: 1 Currently designated a National Marine
Sanctuel) by the Office of OCean and Coastal Resource Management, Sanctuaries and Resarves Division. Publication In Federal Register Is pending. For additional information on area boundaries
for all sites, and proposed Sanctuaries and Estuarine Reserves contact: Office of Ocean and Coastal Resource Management, Sanctuaries and Reserves Vulnerability to 011 discharges LOW-high.
Moderate. High. High. High. High. Moderate. High. High. Low (ellcept spawning). ModerateHigh. High. Habitat Importance Breeding for nursery grounds lor IIsh and wlldllte, erosion control,
and nutrient trap. Fish leedlng and nursery; sediment containment and stabilization. Commercial IIsherles. Subtidal soft bottoms, seagrass communities and freshwater systems which onea
Impac1ed may Incur long-term damage. Sheltared marshes and mangrove coasts; difficult to clean. Sheltered estuarine tidal lIats; natural cleansing may take years. Sheltered rocky coasts;
011 may not be washed off for months; residual tOlllclty low but may alter habitat and slow recovery process. Coral Reefs. Gravel beaches; 011 penetrates up to 60 centimeters and persists
as a moussa for long periods. Milled sand and gravel beaches: penetration of 011 and rapid burial; 011 may perllist for year; mechanical cleanup may ceuse significant erosion. Habitat
Nearshore ... Coral Reel... . . Freshwater. Fast Flowing Fisheries Moderate. Large River. Fisheries Moderate. Ponds Aquaculture High. Lakes Fisheries Low. TundralTalga High. Coral Reel
... Soft Bottom. Rocky . Fisheries: Offshore ...... Intertidal wetlands: Marshes ...... Intertidal shore: Sandy Beach . Rocky Shore .. TIdal Flat ..... Bird nesting and feeding. Mangroves
.. Subtidal systems: Seagrass ..... 5 .. Division, 1825 Connecticut Avenue, NW., room 714, Washington, DC 20235. Attachment D-IV.-Vulnerability of Aquatic &osystems SOURCE: United States
Department of the Interior, Fish and Wildlife Service National Wetlands Rasearch Centar. 1 . Attachment D-V.-Vulnerability Scale of Aquatic Habitats Impacted by Oil Spill& This attachment
ranks aquatic habitats by their relative degree of vulnerability to oil spills. The most vulnerable habitats are those with the lowest nwnber corresponding to the order of importance.
Facility owners and operators should use the scale to direct initial recovery efforts to the most cri tical areas. Ordar of Importance 3 . 3-4 . 4 . 1 . 2 . Regulation Area of concem
Rachel Carson Refuge, ME. Durham, NH. Massachusetts. Rhode Island. New York. Huron,OH. Annapolis, MD. location North Caro-15 CFR part 924. llna. Florida ........ 15 CFR part 929. Callfomla
.... 15 CFR part 935. Callfomla .... 15 CFR part 936. Florida ........ 15 CFR part 937. Georgia ....... 15 CFR part 938. American 15 CFR part 941. Samoa. Callfomla .... 15 CFR part 942.
Florida ........ pending.' Texas .......... 15 CFR pan 943. National estuarine research raserve (NERR) National marine sanctuaries (NMS) Wells NERR .. Monitor NMS. Key Largo NMS. Chame/lslands
NMS. Point Reyes! Farallon Island NMS. Looe Key NMS. Gray's Reel NMS. Fagatele Bay NMS. Cordell Bank NMS. Florida Keys NMS. Flower Garden Banks NMS. Great Bay NERR 􀀬􀁾 Waquoit Bay NERR
.. Narragansett Bay NERR HUdson River NERR ...... Old Woman Creek NERR Chesapeake Bay NERR, MD. Chesapeake Bay NERR, Gloucester Pt., VA. VA. North Carolina NERR Wilmington, NC. Sapelo
Island NERR Georgia. Jobes Bay NERR Guayama, PR. Apalachicola River NERR Florida. Rookery Bay NERR Naples, FL. Weeks Bay NERR Fairhope, AL. Tijuana Rlvar NERR Imperial Beach, CA. Elkhom
Slough NERR Watsonville, CA. South Slough NERR Charleston, OR. Padilla Bay NERR Mt. Varnon, WA. Walmanu Valley NERR.. Oahu, HI. Information on these sanc1uarles and reserves can ba found
In tha regulations: -National Marine sanctuary Program (15 CFR part 922) -National Estuarine Research Reserve Program (15 CFR part 921) coastline of the Alaska peninsula during the months
of May-November. Primary feeding area. Inside Passage and coastal waters of the southeast Alaska panhandle from Yakutat Bay south to Queen Charlotte Sound during the months May-November.
This area includes Glacier Bay, loy Straight. Stephens Passage/Frederick Sound, Seymour Canal, Sitka Sound, Cape Fairweather. Lynn Canal, Sumner Straight, Dixon Entrance, the west coast
of Prince Wales Islands, and the Fairweather grounds which is an offshore bank. Primary feeding area. Shortnose Sturgeon (NOAA Technical Report NMFS 14 and FAO Fisheries Synopais No.
140) The following east coast rivers and bays should be included: Kennebec River. Andrescoggin River, Montsweag Bay, Merrimack River, Connecticut River. Hudson River, Delaware River,
Wacoamaw River (including Winyah Bay), Lake MarionWateree River, lower Savannah River, Altamaha River, Ocwnulgee River. and St. Johns River. Gray Whale (5 Year Status Review) Northern
Bering and southern Chukchi Seas. Primary feeding areas. Unlike other whale species, the gray whale is particularly vulnerable during its migration period because it migrates very close
to shore. In areas such as Monterey and Point Conception it migrates within two miles of shore. The entire west coast from Alaska to the Mexican border should be listed during the migration
periods. Southbound migration is during the months of October-December, and northbound migration is from mid-February to April. Sacramento River Winter-run Chinook Salmon should be revised
to reflect the revised critical habitat proposal, 57 FR 36626-36632, August 14, 1992. (1) Sacramento River from Keswick Dam (River Mile 302) to Chipps Island (River Mile 0) at the westward
margin of Sacramento-San Joaquin Deita; (2) all waters from Chipps Island westward to Carquinez Bridge, including Honker Bay. Grizzly Bay, Suisan Bay, and Carquinez Straight; (3) all
waters of San Pablo bay from San Pablo Bay to the Golden Gate bridge. 3. NOAA National Marine Fisheries Service Regional Offices NMFS Northeast Region, Richard B. Roe, Director, One
Blackburn Drive, Gloucester, MA 01930, Tel: (508) 281-9250 NMFS Southeast Region, Andrew Kemmerer, Director, 9450 Koger Blvd., St. Petersburg, FL 33702, Tel: (813) 893-3141 NMFS Northwest
Region, Rolland Schmitten, Director, 7600 Sand Point Way NE, Seattle, WA 98115-0070, Tel: (206) 526-6150 NMFS Southwest Region, Gary Matlock, Acting Director, 501 West Ocean Blvd., Suite
4200, Long Beach, CA 90802--4213, Tel: (310) 980--4001
8860 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules 6 Exposed. compacted tidal flat; 011 panetrates deeply. 7 Medlum-coarse grained sand beach· es;
011 penetration likely. 8 Flat. flne-gralned sand beaches; compaction prohibits 011 penetration. 9 Eroding waVlH:ul platforms; good wave action. 10 ElCPOSed or clllled rock headlands;
good wave action. SOURCE: United States Department of the Interior. Fish and Wildlife Service National Wetlands Research Center. Appendix E to PaI1112-Detenniantion of a Worst Cue Discharge
Instructions Owners and operators are required to complete this worksheet if it is determined (from appendix C of this part) that the facility could cause substantial harm to the environment
by self-selection or RA determination. The calculation of a worst case discharge is use for emergency planning purposes. and is required in § 112.20 for facility owners and operators
who must prepare a response plan. When planning for the amount of resources and equipment necessary to respond to the worst case discharge planning volume. adverse weather conditions
should be taken into consideration. Owners and operators would be required to determine the facility's worst case discharge from either part A for onshore storage facilities, or part
B for onshore production facilities. The worksheet integrate:; a facility's use of secondary containment and its proximity to navigable waters. For onshore storage facilities and production
facilities, permanently manifolded tanks are defined as tanks that are designed, installed, andlor operated in such a manner that the multiple tanks function as one storage unit. In
a worst case discharge scenario, a single failure could cause the release of the contents of more than one tank. The owner or operator must provide evidence in the response plan that
tanks with common piping or piping systems are not operated as one unit. If such evidence is provided and is acceptable to the RA, the worst case discharge volume would be based on the
capacity of the largest tank within a common secondary containment area or the largest tank within a single secondary containment area, whichever is greater. For permanently manifolded
tanks that function as one storage unit, the worst case discharge would be based on the combined storage capacity of all manifolded tanks or the capacity of the largest single tank within
a secondary containment area, whichever is greater. For purposes of this determination, permanently manifolded tanks that are separated by internal divisions for each tank are considered
to be single tanks and individual manifolded tank volumes are not combined. For production facilities, the presence of exploratory wells, proquction wells, and storage tanks must be
jonsidered in the calculation. Part B takes these additional factors into consideration and provides steps Order of 1mpartance Habitat for their inclusion in the total worst case volume.
Onshore oil production facilities may include all wells, flowlines, separation equipment, storage facilities, gathering lines, and auxiliary non-transportation-related equipment and
facilities in a single geographical oil or gas field operated by a single operator. Although a potential worst case volume is calculated within each section of the worksheet, the final
worst case amount is dependent on the risk parameter that results in the greatest volume. Marine transportation-related transfer facilities that contain fixed aboveground onshore structures
used for bulk oil storage are jointly regulated by EPA and the U.S. Coast Guard (USCG), and are termed "complexes." Because the USCG also requires response plans from transportationrelated
facilities to address a worst case discharge of oil, a separate calculation for the worst case discharge volume for USCGrelated facilities is included in the interim final rule which
amends 33 CFR part 154 (58 FR 7330: February 5, 1993). All "complexes" must compare both calculations for worst case discharge derived by EPA and USCG and plan for whichever volume is
greater. Part A. Worst Case Discharge Calculation for Onshore Storage Facilities t Part A oftbis worksheet is to be completed by owners or operators of SPeC-regulated facilities (excluding
oil production facilities) if it is determined that the facility could cause substantial harm to the environment by self-selection or RA determination. as presented in Appendix C of
this part. Ifyou are the owner or operator of a production facility, please proceed to Part B. A1. Single-Tank Facilities For facilities containing only one aboveground storage tank,
the worst case volume equals the capacity of the storage tank. -Final Worst Case Volume: =----:-':""Gal. -Do not proceed further. A2. Secondary Containment-Multiple Tank Facilities Are
all aboveground storage tanks or groups of aboveground storage tanks at the facility without adequate secondary containment1 2 (YIN) a. If the answer is yes, the final worst case volume
equals the total aboveground oil storage capacity at the facility. -Final Worst Case Volume: =-_:--_---;--:;-Gal. -Do not proceed further. b. If the answer is no, calculate the total
aboveground capacity of tanks without adequate secondary containment. If all aboveground storage tanks or groups of aboveground storage tanks at the facility have adequate secondary
containment, ENTER "0" (zero). Gal. t "Storage faclllties" represent all facilities subject to this part. excluding 011 production faclllties. 2 Secondary containment Is defined in §
112.7(e)(2) of 40 CFR Part 112. revised as ofJuly 1. 1992. Acceptable methods and structures for containment are given in § 112.7(c)(l) of 40 CFR Part 112. revised as ofJuly 1. 1992.
-Proceed to question A3. A3. Distance to Navigable Waters a. Is the nearest opportunity for discharge (i.e., storage tank, piping, or flowline) adjacent to a navigable water13 ---:-"":":-:,...--__,(y
IN) b. If the answer is yes, calculate 110% of the capacity of the largest single aboveground storage tank within a secondary containment area or 110% of the combined capacity of a group
of aboveground storage tanks permanently manifolded together,4 whichever is greater, PLUS THE VOLUME DETERMINED IN QUESTION A2(b).s -Final Worst Case Volume: =-----:__---:-;;-,Gal. -Do
not proceed further. c. If the answer is no, calculate the capacity of the largest single aboveground storage tank within a secondary containment area or the combined capacity of a group
of aboveground storage tanks permanently manifolded together, whichever is greater, PLUS THE VOLUME FROM QUESTION A2(b). -Final Worst Case Volume: 8 ______Gal. Part B. Worst Case Discharge
Calculation for Onshore Production Facilities Part B of this worksheet is to be completed by owners or operators of SPeC-regulated oil production facilities that are determined by the
RA to have the potential to cause substantial harm and are required to prepare and submit a response plan. A production facility consists of all wells (producing and exploratory) and
related equipment in a single geographical oil or gas field operated by a single operator. B1. Single-Tank Facility For facilities containing only one aboveground storage tank, the worst
case 3 Navigable waters are defined in 40 CFR Part 110. 4 For one or more independent aboveground storage tanks within a secondary containment area. this amount is simply 110"," of the
capacity of the largest tank. Permanently manifolded tanks are defined as tanks that are designed. installed. andl or operated in such a manner that the multiple tanks function as one
storage unit. The owner or operator must provide evidence in the response plan that tanks with common piping or piping systems are not operated as one unit. If such evidence is provided
and Is acceptable to the RA, the worst case discharge volume would be based on the capacity of 110"," of the largest tank within a common secondary containment area or 110"," of the
largest tank in a single containment area. whichever Is greater. For permanently manifolded tanks that function as one storage unit. the worst case discharge volume would be based on
110"," of the combined storage capac!ty of all manifolded tanks or 110"," of the largest single tank within a secondary containment area, whichever is greater. For purposas of this determination,
permanently manifolded tanks that are separated by internal divisions for each tank are considered to be single tanks and Individual manifolded tank volumes are not combined. • If the
volume determined in Question A3(b) Is greater than the total aboveground storage capacity of the facility. fill in the lesser of these two volumes in the space provided. • All "complexes"
jointly regulated by EPA and USCG must also calculate the worst case discharge for the transportation-related portions of the facility and plan for whichever volume is greater.
Federal R.egister I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules 8861 volume equals the capacity of the aboveground storage tank plus the production volume of the
well with the highest output (forecasted output for exploratory wells and production wells producing under pressure) at the facility.7 -Final Worst Case Volume: ______:-:-__ Gal. -Do
not proceed further. B2. Secondary Containment-Multiple Tank FacUities Are all aboveground storage tanks or groups of aboveground storage tanks at the facility without adequate secondary
containment? (YIN) a. If the answer is yes, the final worst case volume equals the total aboveground oil storage capacity without adequate secondarycontainment plus the production volume
of the well with the highest output (forecasted output for exploratory wells and production wells producing under pressure) at the facility? 7 -Final Worst Case Volume: =--:-::--. Gal.
-Do not proceed further. b. If the answer is no. calculate the total aboveground capacity of tanks tanks without adequate secondary containment. If all aboveground storage tanks or groups
of aboveground storage tanks at the facility have adequate secondary containment, ENTER "0" (zero). Gal. -Proceed to question B3. B3. Distance to Navigable Waters a. Is the nearest opportunity
for discharge (i.e.• storage tank, piping. or flowline) adjacent to a navigable water? --:---::-:--:--__ (YIN) b. If the answer to the above question is yes, calculate 110% of the capacity
of the largest single aboveground storage tank within a secondary containment area or 110% of the combined capacity of a group of aboveground storage tanks permanently manifolded together,s
whichever is greater, 7 The production volume for each production well (producing by pumping) is determined from the pumping rate of the well multiplied by 1.5 times the number of days
the facility is unattended. For each exploratory well (and production well producing under pressure) 10.000 feet deep or less. the production volume refers to the maximum 30day 30day
forecasted well rate for the exploratory well or production well producing under pressure. For each exploratory well (and production well producing under pressure) deeper than 10,000
feet, the production volume refers to the maximum 45· day forecasted well rate for the exploratory well or production well producing under pressure. 8 For one or more independent aboveground
storage tanks within a secondary containment area, this amount is simply 110% of the capacity of the llu8estlank. Permanently manifolded tanks are defined as tanks that are designed.
Installed. andl or operated in such a manner that the multiple tanks function as one storage unit. The owner or operator must provide evidence In the response plan that tanks with common
piping or piping systems are not operated as one unit. Ifsuch evidence is provided and Is acceptable to the RA, the worst case discharge volume would be based on the capacity of 110%
of the largest tank within a common secondary containmenlarea or 110% of the largest tank tank in a single containment area. plus the production volume of the well with the highest output
(forecasted output for exploratory wells producing under pressure), PLUS THE VOLUME FROM QUESTION B2(b).9 -Final Worst Case Volume: ____------,-:--_ Gal. -Do not proceed further. c.
If the answer to the above question is no, calculate the capacity of the largest single aboveground storage tank within a secondary containment area or the combined capacity of a group
of aboveground storage tanks permanently manifolded together, whichever is greater, plus the production volume 7 of the well with the highest output (forecasted output for exploratory
wells producingunder pressure). PLUS THE VOLUME FROM QUESTION B2(b). -Final Worst Case Volume: to ______ Gal. Appendix F to Part 􀀱􀀱􀀲􀁾􀁵􀁩􀁤􀁥􀁬􀁩􀁮􀁥􀁳for Detennining and Evaluating Required Response
Resources for Facility Response Plans 1. Purpose 1.1 The purpose ofthis appendix is to assist in the identification of response resources necessary to meet the requirements of § 112.20.
These guidelines should be used by the facility owner or operator in preparing the response plan and by the Regional Administrator (RA) in reviewing facility response plans. 2. Equipment
Operability and Readiness 2.1 All equipment identifiad in the response plan should be designed to operate in conditions based on location and season. As a result, it is difftcult to
identify a single catalogue of response equipment that will function effectively in each geographic location. 2.2 If applicable. facilities handling or storing oil in more than one operating
environment, as indicated in Table 1, should identify equipment capable of successfully functioning in each operating environment. 2.3 When identifying equipment in the response plan,
a facility owner or operator should consider the inherent limitations of the operability of equipment components and response systems. The criteria in Table 1 should be used for evaluating
the operability whichever is greater. For permanently manifolded tanks that function as one storage unit, the worst case discharge volume would be based on 110% of the combined storage
capacity of all manifolded tanks or 110% of the largest single tank within a secondary containment area, whichever is greater. For purposes of this determination, permanently manifolded
tanks that are separated by internal divisions for each lank are considered to be single tanks and individual manifolded tank volumes are not combined. alfthe volume determined in Question
B3(b) is greater than the total aboveground storage capacity of the facility, fill in the lesser of these two volumes in the space provided. '0All "complexes" jointly regulated by EPA
and USCG must also calculate the worst case discharge fo! the transportation·related portions of the facility and plan for whichever volume is greater. in a given environment. These
criteria reflect the general conditions in certain operating areas. 2.4 Table 1 lists criteria for oil recovery devices and boom. All other equipment necessary to sustain or support
response operations in a geographic area should be designed to function in the same conditions. For example, boats which deploy or support skimmers or boom should be capable of being
safely operated in the significant wave heights listed for the applicable operating environment. 2.5 Facility owners or operators should refer to the applicable Area Contingency Plan
(ACP), when available. to determine if ice, debris. andlor weather-related visibUity are significant factors in evaluating the operability of equipment. The ACP may also identify the
average temperature ranges expected in the faclllty's geographic area. All equipment identified in a response plan should be designed to operate within the specified conditions or ranges.
2.6 This appendix provides guidance on response resource mobilization and response times. The distance to the facility from the storage location of the response resources should be used
in determining whether the resources can arrive on-scene within the time required. A facility owner or operator should include the time for notification, mobilization, and travel time
of resources identified to meet the small, medium, and worst case discharge requirements in the response plan. An on-water speed of 10 knots and a land speed of 35 miles per hour should
be assumed for calculating the travel time to the site of the discharge, unless the facUity owner or operator can demonstrate otherwise. 2.7 In identifying equipment. the facility owner
or operator should list the storage location, quantity, and manufacturer's make and model as required in appendix G of this part. For oil recovery devices, the effective daily recovery
rate, as determined using section 6 of this appendix, should be included. A facility owner or operator is responsible for ensuring that the identified boom has compatible connectors.
3. Determining Response Resources Required for Small Discharges 3.1 A facility owner or operator should ensure that sufficient response resources are available for responding to a small
discharge. A small spill is defined as any spill volume less than or equal to 2,100 gallons, but not to exceed the calculated worst case discharge. 3.2 "Complexes," which are facllities
regulated by EPA and U.S. Coast Guard (USCG), must also consider planning quantities for the transportation-related transfer portion of the facility. The USCG planning level synonymous
with the small discharge is termed the average most probable discharge. The USCG interim final rule which amends 33 CFR part 154 (58 FR 7330; February 5, 1993) defines the average most
probable discharge as a discharge of 50 barrels (2,100 gallons). Because "complexes" must compare spill volumes for a small discharge (2,100 gallons) and an average most probable discharge
(2,100 gallons), and the
8862 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules two planning quantities are identical, complex facilities must plan for small spills less than
or equal to 2,100 gallons. 3.3 Where applicable, the following resources should be available in the event of this type of discharge: 3.3.1 1.000 feet of containment boom and a means
of immediate deployment. 3.3.2 Oil recovery devices with an effective daily recovery rate equal to the amount of oil discharged in a small spill, within two hours of the detection of
an oil discharge. 3.3.3 Oil storage capacity for recovered oily material as indicated in section 8.2 of this appendix. 4. Determining Response Resources Required for Medium Discharges
4.1 A facility owner or operator should ensure that sufficient response resources are available for responding to a medium discharge of oil from a facility. This response will require
resources capable of containing and collecting up to 36.000 gallons of oil or 10 percent of the capacity of the largest aboveground storage tank. whichever is less. 4.2 "Complexes" regulated
by EPA and USCG must also consider planning quantities for the transportation-related transfer portion of the facility. The USCG planning level synonymous with the medium discharge is
termed the maximum most probable discharge. The USCG interim final rule which amends 33 CFR part 154 (58 FR 7330; February 5. 1993) defines the maximum most probable as a discharge of
1,200 barrels (50,400 gallons) or 10 percent of the worst case discharge. whichever is less. Owners and operators of "complexes" must compare spill volumes for a medium discharge and
a maximum most probable discharge and plan for whichever quantity is greater. 4.3 Oil recovery devices identified to meet the applicable medium discharge volume planning criteria. should
be able to arrive on-scene within 6 hours in higher volume port areas and the Great Lakes, and within 12 hours in all other areas. Higher volume port areas and Great Lakes areas are
defined in Attachment C-III of appendix C of this part. '! 4.4 Because rapid control. containment. and removal of oil is critical in reducing spill impact. the effective daily recovery
rate for oil recovery devices should equal 50 percent of the planning volume applicable to the facility as determined in section 4.1 of this appendix. The effective daily recovery rate
for oil recovery devices identified in the plan should be determined using the criteria in section 6 of this appendix. 4.5 In addition to oil recovery capacity, the plan should identify
and ensure the availability of. through contract or other approved means. sufficient quantity of boom available within the recommended response times for oil collection and containment
and protection of shoreline areas. The response plan should identify and ensure the availability of the quantity of boom available through contract or other approved means. 4.6 The plan
should indicate the availability of temporary storage capacity to meet the requirements of section 8.2 of this appendix. If available storage capacity is insufficient to meet this requirement.
then the effective daily recovery rate should be derated to the limits of the available storage capacity. 4.7 The following is an example of a medium discharge volume planning calculation
for equipment identification In a higher volume port areas: The facility's largest aboveground storage tank volume is 840,000 gallons. Ten percent of this capacity is 84.000 gallons.
Since 10 percent of the facility's largest tank. or 84,000 gallons, is greater than 36.000 gallons, 36.000 gallons is used as the planning volume. The effective daily recovery rate should
be 50 percent of the planning volume. or 18.000 gallons per day. The ability of oil recovery devices to meet this capacity should be calculated using the procedures in section 6 of this
appendix. Temporary storage capacity available on· scene should equal twice the daily recovery rate as indicated in section 8.2 ofthis appendix. or 36.000 gallons per day. 􀁾􀁥 facility
owner or operator would use thiS information to identify and ensure the availability of. through contract or other approved means. the required response resources. The facility owner
should also need to identify how much boom is available for use. 5. Determining Response Resources Required for the Worst Case Discharge to the Maximum Extent Practicable 5.1 A facility
owner or operator should specify the availability of sufficient response resources to respond to the worst case discharge as calculated using appendix E of this part. Section 7 describes
the method used in determining adequate response resources for a worst case discharge. A worksheet is provided as Attachment F-l at the end of this appendix to simplify the procedures
involved in calculating the planning volume for response resources for the worst case discharge. 5.2 "Complexes" regulated by EPA and USCG must also consider planning for the worst case
discharge at the transportationrelated portion ofthe facility. Because the USCG also requires response plans from transportation-related facilities to address a worst case discharge
of oil in the interim final rule which amends 33 CFR part 154 (58 FR 7330; February 5, 1993). a separate calculation for the worst case discharge volume has been developed for USCG-related
facilities. All complex facilities must compare both calculations of worst case discharge derived by EPA and USCG and plan for whichever volume is greater. 5.3 Oil spill recovery devices
(i.e., equipment and resources) 􀁩􀁾􀁥􀁮􀁴􀁩􀁦􀁩􀁥􀁤 to 􀁭􀁾􀁥􀁴 the applicable worst case discharge plannmg volume should be able to arrive on the scene of a discharge within the time
specified for the applicable response tier listed below: Tier 1 Tier 2 Tier 3 (hrs) (hrs) (hrs) Higher volume port area ......................... 6 30 54 Great Lakes ................
6 30 54 All other river. Inland. and nearshore areas 12 36 60 The three levels of response tiers apply to the amount of time in which response equipment and resources should arrive at
the scene of a spill to to respond to the worst case discharge planning volume. For example, at a worst case discharge in an inland area, the first tier of response resources should
arrive at the scene of the spill within 12 hours; the second tier of response resources should arrive within 36 hours; and the third tier of response resources should arrive within 60
hours. 5.4 The effective daily recovery rate for oil recovery devices identified in the response plan should be determined using the criteria in section 6 of this appendix. The storage
locations of all equipment used to fulfill the requirements for each tier should be identified. The owner or operator of a facility whose required daily recovery capacity exceeds the
applicable contracting caps in Table 5 should identify sources of additional equipment, its location, and the arrangements made to obtain this equipment during a response. While general
listings of available response equipment may be used to identify additional sources, the response plan should identify the specific sources and quantities of equipment that a facility
owner or operator has considered in their planning. 5.5 In addition to oil spill recovery devices. a facility owner or operator should identify and ensure the availability of, through
contract or other approved means. sufficient quantities of boom that can arrive on-scene within the required response times for oil containment and collection and protection of shorelines
areas. 5.6 A facility owner or operator should identify the availability of temporary storage capacity to meet the requirements of section 8.2 of this appendix. If available storage
capacity is insufficient to meet this recommendation, then the effective daily recovery rate should be derated to the limits of the available storage capacity. 6. Determining Effective
Daily Recovery Rate for Oil Recovery Devices 6.1 Oil recovery devices identified by a facility owner or operator should include information on the manufacturer. model. and effective
daily recovery rate. These rates should be used to determine whether there is sufficient capacity to meet. to the maximum extent practicable. the applicable planning criteria for a small
discharge; medium discharge; and worst case discharge. 6.2 For the purposes of determining the effective daily recovery rate of oil recovery devices. the following method should be used.
This method considers potential limitations due to available daylight, weather, sea state. and percentage of emulsified oil in the recovered material. 6.2.1 The following formula should
be used to calculate the effective daily recovery rate: R=Tx24 hoursxE R-Effective daily recovery rate T-Throughput rate in barrels per hour (nameplate capacity) &-20% Efficiency factor
(or lower factor as determined by RA) 6.2.2 For those devices in which the pump limits the throughput of liquid,
Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules 8863 throughput rate should be calculated using the pump capacity. 6.2.3 For belt-or mop-type devices,
the throughput rate should be calculated using the speed ofthe belt or mop; surface area of the belt or mop in contact with the water surface; and the oil encounter rate. For purposes
of this calculation, the assumed thickness of oil should be 114 inch. 6.3 As an alternative to 6.2, a facility owner or operator may provide adequate evidence that a different effective
daily recovery rate should be applied for a specific oil recovery device. Adequate evidence is actual verified performance data in spill conditions or tests using American Society of
Testing and Materials (ASTM) Standard F631-80. F808-83 (1988). 6.3.1 The following formula should be used to calculate the effective daily recovery rate under this alternative: R=DxU
R-Effective daily recovery rate D-Average oil recovery rate in barrels per hour (Item 26 in F808-83; 83; Item 13.1.15 in F631-80; or actual performance data) U-Hours per day that a facility
owner or . operator can document capability to operate equipment under spill conditions. Ten hours per day should be used unless afacility owner or operator can demonstrate that the
recovery operation can be sustained for longer pe.iods. 6.4 A facility owner or operator submitting a response plan should provide data that supports the effective daily recovery rates
for the oil recovery devices listed. The follOWing is an example of these calculations: A weir skimmer identified in a response plan has a manufacturer's rated throughput at the pump
of 267 gallons per minute (gpm). T=267 gpm=381 barrels per hour R=381x24x.2=1,829 barrels per day After testing using ASTM procedures, the skimmer's oil recovery rate is determined to
be 220 gpm. The facility owner or operator identifies sufficient resources available to support operations for 12 hours per day. 220 gpm = 314 barrels per hour R = 314 x 12 = 3,768 barrels
per day The facility owner or operator will be able to use the higher rate if sufficient temporary oil storage capacity is available. 7. Calculating Planning Volumes for a Worst Case
Discharge 7.1 A facility owner or operator shall plan for a response to the facility's worst case discharge volume of oil. The worst case discharge calculation worksheet appears in appendix
E of this part. Planning foronwater recovery should take into account a loss of some oil to the environment due to evaporative and natural dissipation, potential increases in volume
due to emulsification, and the potential for deposit of oil on the shoreline. 7.2 The procedures discussed in sections 7.2.1-7.2.4 should be used to calculate the planning volume for
response resources used by a facility owner or operator in determining the required on-water recovery capacity: 7.2.1 The following should be determined: the worst case discharge volume
of 011 in the facility, the appropriate group(s) for the type of oil handled or stored at the facility [persistent (Groups 2, 3, 4) or non· persistent (Group 1)1, and the geographic
location of the facility. See Attachment F-2 for definitions of persistent and nonpersistent oils. Facilities that handle or store oil from different oil groups should calculate each
group separately. This information should be used with Table 2 to determine the percentages of the total volume required for removal capacity planning. Table 2 divides the volume into
three categories: 011 lost to the environment; oil deposited on the shoreline: and oil available for on-water recovery. 7.2.2 The on-water oil recovery volume for response resources
should be adjusted using the appropriate emulsification factor found in Table 3. 7.2.3 The adjusted volume is multiplied by the on-water oil recovery resource mobilization factor found
in Table 4, resulting in total on-water oil recovery capacity in barrels per day that should be identified or contracted to arrive on-scene within the applicable time for each response
tier. The on-water resource recovery mobilization factor depends on the operating area and the three response tiers. For higher volume port areas and the Great Lakes, as defined in Attachment
e-m of appendix C, of this part, the contracted tiers of resources should be located so that they can arrive onscene within 6 hours for tier 1,30 hours for tier 2, and 54 hours for tier
3 of the discovery of an oil discharge. For all other river, inland, and near shore areas, response resources should arrive within 12, 36, and 60 hours for tiers 1, 2, and 3, respectively.
7.2.4 The resulting on-water recovery capacity in barrels per day for each tier is used to identify response resources necessary to sustain operations in the applicable geographic area.
The equipment should be capable of sustaining operations for the time period specified in Table 2. A facility owner or operator should identify and ensure the availability of, through
contract or other approved means, sufficient oil spill recovery devices to provide the effective daily oil recovery capacity required. If the required capacity exceeds the applicable
cap specified in Table 5, then a facility owner or operator should contract only for the quantity of resources required to meet the cap, but should identify sources of additional resources
as indicated in section 5.4 of this appendix. The owner or operator of a facility whose planning volume exceeds the cap in 1993 should make arrangements for additional capacity to be
under contract by 1998. The process should be repeated in 1998 and 2003. For a facility that carries multiple groups of oil, the required effective daily recovery capacity for each group
should be calculated before applying the cap. 7.3 The procedures discussed in sections 7.3.1-7.3.3 should be used to calculate the planning volume for response resources for identifying
shoreline cleanup capacity: 7.3.1 The following should be determined: The worst case discharge volume of oil for the facility; the appropriate group(s) for the type of oil handled or
stored at the facility [persistent (Groups 2, 3, 4) or non-persistent (Group 1)]; and the geographic area(s) in which the facility operates. For a facility storing oil from different
groups, each group should be calculated separately. Using this information, Table 2 should be used to determine the percentages of the total volume of oil required for shoreline cleanup
resource planning. 7.3.2 The shoreline cleanup planning volume for resource planning should be adjusted to reflect an emulsification factor using the same procedure as described in section
7.2.2. 7.3.3 The resulting volume should be used to identify response resources necessary for shoreline cleanup. 7.4 The follOWing is an example of the procedure described above: A facility
with a 270,000 barrel (11.3 million gallons) capacity for #6 oil (specific gravity .96) is located in a higher volume port area. The facility is on a paninsula and has docks on both
the ocean and bay side. The facility has four aboveground storage tanks with a combined total capacity of 80,000 barrels (3.36 million gallons) and no secondary containment. The remaining
facility tanks are inside secondary containment structures. The largest aboveground storage tank (90,000 barrels or 3.78 million gallons) has its own secondary containment. Two 50,000
barrel (2.1 million gallon) tanks (that are not connected by a manifold) are within a common secondary containment tank area, which is capable of holding 100,000 barrels (4.2 million
gallons) plus sufficient freeboard. The worst case discharge for the facility is calculated by adding the capacity of all aboveground storage tanks without secondary containment (80,000
barrels) plus 110% of the capacity of the largest aboveground tank inside secondary containment (110%x90,OOO barrels=99,ooo barrels). The additional 10 percent is added to the capacity
of the tanks because the facility is located adjacent to navigable water. The resulting worst case discharge volume is 179,000 barrels or 7.52 million gallons. Since the guidelines for
tiers 1, 2, and 3 for inland and nearshore exceed the caps identified in Table 5, the facility owner should contract for 10,000 barrels per day (bpd) for tier 1,20,000 bpd for tier 2,
and 40,000 bpd for tier 3. Resources for the remaining 8,795 bpd for tier 1, 11,325 bpd for tier 2, and 10,120 bpd for tier 3 should be identified but not contracted for in advance.
The facility owner or operator should also identify or contact for quantities of boom identified in their response plan for the environmentally sensitive areas within the area potentially
impacted by a worst case discharge from the facility. Appandix 0 presents a listing of environmentally sensitive areas and Attachment e-m of appendix C provides a method for calculating
a planning distance to sensitive areas and drinking water intakes which may be impacted in the event of a worst case discharge. 8. Additional Equipment Necessary to Sustain Response
Operations 8.1 A facility owner or operator should ensure that sufficient numbers of trained personnel and boats, aerial spotting aircra
ft,8864 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules containment boom. sorbent materials. boom anchoring materials, and other supplies are available
to sustain response operations to completion. A facility owner or operator is not required to list these resources, but should certify their availability. 8.2 A facility owner or operator
should evaluate the availability of adequate temporary storage capacity necessary to meet the affective daily recovery rates from equipment identified in the plan. Because of the inefficiencies
of oil spill recovery devices, response plans should identify daily storage capacity equivalent to twice the effective dally recovery rate required on scene. This capacity may be reduced
If a facility owner or operator can demonstrate that the efficiencies of the oil recovery devices will reduce the overall volume of oily material that requires storage. 8.3 A facility
owner or operator should ensure that their oil spill removal organization has the capability to arrange for disposal of recovered oil products. Specific disposal procedures will be addressed
in the applicable Aep. TABLE 1.-RESPONSE RESOURCE OPERATING CRITERIA OIL RECOVERY DEVICES Operating environment Signillcant wave height' Sea state River S1 loot 1. Inland S3 leet 2.
Great Lakes :........................................................................................................ S4 leet 2-3. Boom Usa: Boom property River Inland Great Lakes Slgnlllcant
wave height' S1 S3 S4. Sea state . 1 2................. 2-3. Boom height-In. (draft plus lreeboard) 6-18 18-42 18-42. Reserve buoyancy to weight ratlo 2:1 2:1 2:1. Total tensile strenglh-lbs
4,500 15-20,000.. 15-20,000. Skirt fabOO tensile strenglh--lbs 200 300 300. Skirt fabOO tear strength-lbs 100 100 100. , Oil recovery devices and boom should be at least capable of operating
In wave heights up to and Including the values listed In Table 1 for each operetlng environment. TABLE 2.-REMOVAL CAPACITY PLANNING TABLE SpIl1locatlon NearshorBlinland Great Lakes Rivers
and canals Sustainabillty 01 on·water oil recovery 4 days 3 days Percent nat· Percent reo Percent 011 Percent nat· Percent reo Oil group urel dlsslpa· covered Percent 011 tion floating
011 onshore ural tdiolsnslpa· flcooavtienrged011 onshore 1-Non-perslstent oils ..................................................................................... 80 20 10 80 10 10
2-Ught crudes ............................................................................................... 50 50 30 40 15 45 3-Medlum crudes and fuels .............................................
............................. 30 50 50 20 15 65 4'-Heavy crudes and fuels ........................................................................... .' 10 50 70 5 20 75 • For planning
purposes, non-petroleum 011 must be considered a Group 4 persistent oil. TABLE 3.-EMULSIFICATION FACTORS FOR PETROLEUM OIL GROUPS 1 Non·perslstent 011: Group 1 1.0 Persistent oil: Group
2 1.8 Group 3 2.0 Group 4 1.4 , See Attachment F-2 for group deslgnatlons for non·perslstent and persistent oils. TABLE 4.-QN-WATER OIL RECOVERY RESOURCE MOBILIZATION FACTORS Area Tier
1 Tier 2 Tier 3 River .30 .40 .60 InlandlNearshore Great Lakes .15 .25 .40 NOTE: These mobilization factors ara for total resources mobilized, not Incremental response resources.
Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules TABLE 5.-RESPONSE CAPABILITY CAPS BY GEOGRAPHIC AREA 8865 TIer 1 Tier 2 Tier 3 FebRJary 18, 1993: All
except rivers and canals, Great Lakes 10K bbl8lday 20K bblslday 40K bbl8lday. Great Lakes 5K bblslday 10K bblslday 20K bbl8lday. Rivers and canals 1,500 bblslday 3,000 bb1s1day 6,000
bblslday. FebRJary 18, 1998: All except rivers and canals, Great Lakes 12.5K bblslday 25K bblslday 50K bblslday. Great Lakes 6.35K bbl8lday 12.3K bblslday 25K bbl8lday. Rivers 1.875
bbl8lday 3.750 bblslday 7.500 bblslday. FebRJary 18, 2003: All except rivers and canals, Great Lakes TBD TBD TDB Great Lakes TBD TBD TDB Rivers and canals TBD TBD TDB Note: The caps
show cumUlative overall effective dally recovery rate, not Incremental Increases. TBD=To Be Determined. _ 89.500 Step (F) Emulsification Factor (Table 3): 1.4 Step (G) On-Water Oil Recovery
Resource Mobilization Factor (Table 4) Tier 1; 0.15 (G1) Tier 2; 0.25 (G2) Tier 3: 0.40 (G3) Part II II On-Water Recovery Capacity (barrels/day) Tier 1; 18,795 Step (E1) x Step (F) x
Step (G1) Tier 2: 31,325 Step (E1) x Step (F) x Step (G2) Tier 3; 50,120 Step (E1) x Step (F) x Step (G3) Part III Shoreline Cleanup Volume (barrels/day); 175,420 Step (E2) x Step (F)
Part IV Response Capacity By Geographic Area (Table 5) (Amount needed to be contracted for in barrels/day) Tier I: 10,000 ij1) Tier 2: 20,000 ij2) Tier 3: 40,000 ij3) Part V Amount Needed
to be Identified, but not Contacted for in Advance (barrels/day) Tier I: 8,795 Part II Tier I-Step (J1) Step ij3) Tier 2: 11,325 Part II Tier 2-Step ij2) Tier 3: 10,120 Part II Tier
3-x Note: To convert to gallons/day, multiply the quantities in Part II-Part V by 42. Attachment F-2 AUachmeDt F-Z-DefioitioDB of NODPersisteDt and PersisteDt Oils Attachment F-I-Worksheet
to Plan Volume of Response Resources for Worst Case Discharge Part I Background Information Step(A) Calculate Worst Case Discharge in barrels (Appendix E of this part) Step (8) Oil Group 1 (Table 3 and Attachment F-2) _---,.-:-_ Step (C) Geographic Area (choose one) oNearshore/Inland
Great Lakes o or River and Canals Step (D) Percentages of Oil (Table 2) Percent Lost to Natural Dissipation _---:::_(Dl) Percent Recovered Floating Oil -----=7:'"""::(02) Percent Oil
Onshore (D3) Step (E1) On-Water Recovery Step (02) x Step (A) 100 Step (E2) On-Shore Recovery Step (03) x Step (A) 100 Step (F) Emulsification Factor (Table 3) Step (G) On-Water Oil
Recovery Resource Mobilization Factor (Table 4) Tier 1 (G1) Tier 2 (G2) Tier 3 (G3) Attachment F-I continued-Worksheet to Plan Volume of Response Resources for Worst Case Discharge (continued)
Part II On-Water Recovery Capacity (barrels/day) Tier 1 Step (E1) x Step (F) x Step (G1) Tier 2 Step (E1) x Step (F) x Step (G2) 1 Facilities storing multiple groups of oil should prepare
a separate worksheet for each group. Tier 3 Step (E1) x Step (F) x Step (G3) Part III Shoreline Cleanup Volume (barrels/day) Step (E2) x Step (F) Part IV Response Capacity By Geographic
Area (Table 5) (Amount needed to be contracted for, barrels/day) Tier 1 (J1) Tier 2 (J2) Tier 3 (J3) Part VAmount Needed to be Identified, but not Contacted for in Advance (barrels/day)
Tier 1 Part II Tier I-Step ij1) Tier 2 Part II Tier 2-Step (J2) Tier 3 ,-Part II Tier 3-x Step (J3) Note: To convert to gallons/day, multiply the quantities in Part II-Part Vby42 Example
to Attachment F-1Worksheet to Plan Volume of Response Resources for Worst Case Discharge Part I Background Information Step (A) Calculate Worst Case Discharge in barrels (Appendix E
of this part); 179,000 Step (8) Oil Group 1 (Table 3 and Attachment F-2); 4 Step (C) Geographic Area (choose one) X-Nearshore/Inland Great Lakes or River and Canals Step (D) Percentages
of Oil (Table 2) 􀁾􀁥􀁲􀁣􀁥􀁮􀁴 Lost to Natural Dissipation; 10 (Dl) Percent Recovered Floating Oil; 50 (02) Percent Oil Onshore; 70 (D3) Step (E1) On-Water Recovery Step (02) x Step
(A) 100 1 Facilities storing multiple groups of oil should prepare a separate worksheet for each group. Step (E2) On-Shore Recovery Step (03) x Step (A) 100 125,300
8866 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules Non-persistent or Group I oll includes: (1) a petroleum-based oil that, at the time of shipment,
consists of hydrocarbon fractions: (i) at least 50% of which by volume, distill at a temperature of 340 degrees C (645 degrees F), and (ii) at least 95% of which by volume, distill at
a temperature of 370 degrees C (700 degrees F); (2) a non-petroleum oil with a specific gravity less than 0.8. Non-petroleum oil-oil of any kind that is not petroleum-based. It includes,
but is not limited to, animal and vegetable olls. Persistent oil includes: (1) a petroleum-based oil that does not meet the distillation criteria for a nonpersistent oil. Persistent
oils are further classified based on specific gravity as follows: (i) Group II-specific gravity less than 0.85. (ii) Group III-specific gravity between 0.85 and less than 0.95. (iii)
Group IV-specific gravity 0.95 or greater. (2) a non-petroleum oil with a specific gravity of 0.8 or greater. These oils are further classified based on specific gravity as follows:
(i) Group II-specific gravity between 0.8 and less than 0.85. (ii) Group III-specific gravity between 0.85 and less than 0.95. (iii) Group IV-specific gravity of 0.95 or greater. Appendix
G-Facility-Specific Response Plan Table of Contents 1.0 Standard Facility-Specific Response Plan 1.1 Emergency Response Action Plan 1.2 Facility Information 1.3 Emergency Response Information
1.3.1 Notification 1.3.2 Equipment 1.3.3 Personnel 1.3.4 Evacuation Plans 1.3.5 Coordinator's Duties 1.4 Hazard Evaluation 1.4.1 Hazard Identification 1.4.2 Vulnerability Analysis 1.4.3
Analysis of the Potential for a Spill 1.4.4 Facility Spill History 1.5 Discharge Scenarios 1.5.1 Small and Medium Discharges 1.5.2 Worst Case Discharge 1.6 Discharge Detection Systems
1.6.1 Discharge Detection By Personnel 1.6.2 Automated Discharge Detection 1.7 Plan Implementation 1.7.1 Response Resources for Small, Medium, and Worst Case Spills 1.7.2 Disposal Plans
1.7.3 Containment and Drainage Planning 1.8 Self Inspection, Training, and Meeting Logs 1.8.1 Facility Self Inspection 1.8.1.1 Tank Inspection 1.8.1.2 Response EqUipment Inspection 1.8.1.3
Secondary Containment Inspection 1.8.2 Mock Alert Drills 1.8.2.1 Mock Alert Drill Logs 1.8.3 Training and Meetings Logs 1.8.3.1 Personnel Training Logs 1.8.3.2 Discharge Prevention Meeting
Logs 1.9 Diagrams 1.10 Security 2.0 Response Plan Cover Sheet 3.0 Definitions 4.0 Acronyms 5.0 References 1.0 Standard Facility-Specific Response Plan Introduction Owners or operators
of facilities regulated under this part, which pose a threat of substantial harm to the environment by discharging oil into water bodies or adjoining shorelines, are required to prepare
and submit facility-specific response plans to EPA in accordance with the provisions in this Appendix. Facility owners or operators shall determine whether their facility poses substantial
harm by using the flowchart presented in Attachment C-I of Appendix C to the proposed rule. Response plans must be sent to the appropriate EPA Regional office. The attached Figure G-111sts
each EPA Regional office and the EPA section and address where owners and operators should submit their response plans. Those facilities deemed by the Regional Administrator (RA) to
pose a threat of significant and substantial harm to the environment will have their plans reviewed and approved by EPA. In certain cases, information required in the model response
plan is similar to information currently maintained in the facility's SPCC Plan. In these cases, owners and operators may reproduce the information and include a photocopy in the response
plan. BILUNG CODE 858lHiO-P
C/o) o... :.'..I ccoo C/o) -en !» 􀁾􀁾!'"'" --􀁾 't:l o!. t􀁾􀁾 􀁾f:􀁾􀁾l!-ii Region I ATIN: Response Plan Coordinator Emergency Response Section 60 Westview Street Lexington, MA 02173
FIGURE G -1 􀁒􀁾􀁧􀁩􀁯􀁮 VII EPPB (ENSV) 25 Funston Road, 2nd Floo Kansas CitY, KS 66115 Region VI Contingency Planning Section (62-EP) 1445 Ross Avenue Dallas, TX 75202-2733 Region
VIII Preparedness Section (HWM-ER) 999 18th Street, Suite 500 Denver, Co 80202-2405 EPA REGIONAL OFFICES FOR RESPONSE PLAN SUBMITTAL Q ,0 (lI_􀁾􀁳􀀺􀀺􀀺􀀮() qp ..􀁾 1000000 B1WHQ CODE
--.....c Region IX ERS (H83) 75 Hawthorne Street San Francisco, CA 94105 ; ( I: CD "-I
8868 Federal Register /Vol. 58, No. 30 /Wednesday, February 17, 1993 /Proposed Rules 1.1 Emergency Response Action Plan. Several sections of the response plan will be co-located and
tabbed for easy access by response personnel during an actual emergency or oil spill. This collection of sections will be called the Emergency Response Action Plan. The Agency intends
that the Action Plan contain only as much information as is necessary to combat the spill and be arranged so response actions are not delayed. The Action Plan may be arranged in a number
of ways. For example, the sections of the Emergency Response Action Plan may be photocopies or condensed versions of the forms included in the associated sections of the response plan.
Each Emergency Response Action Plan section should be tabbed for quick reference. The Action Plan may be maintained in the front of the same binder that contains the complete response
plan or it may be contained in a separate binder. In the latter case, both binders should be kept together so that the entire plan can be accessed by the Emergency Response Coordinator
and appropriate spill response personnel. The Emergency Response Action Plan shall be made up of the following sections: 1. Emergency Response Coordinator Information-(Section 1.2) partial
2. Emergency Notification Phone List(Section 1.3.1) complete 3. Spill Response Notification Form(Section 1.3.1) complete 4. Equipment List and Location-(Section 1.3.2) complete 5. Facility
Response Team-(Section 1.3.3) partial 6. Evacuation Plan-(Section 1.3.4) condensed 7. Immediate Actions-(Section 1.7) condensed 8. Facility Diagram-(Section 1.9) complete Collectively,
the actions described in the sections listed above represent those which should be taken to stop the source of the spill, notify the appropriate people. and initiate procedures to prevent
or minimize the spreading of oil. 1.2 Facility Information The facility information form is designed to provide an overview of the site and a description of past activities at the facility.
Much of the information required by this section may be obtained from the facility's existing SPeC Plan. Facility name and location: Enter facility name and street address of the facility.
Enter the address of corporate headquarters only if corporate headquarters are physically located at the facility. Include city, county. state, zip code, and phone number. Latitude and
Longitude: Enter the latitude and longitude of the facility. Include degrees. minutes, and seconds of the main entrance of the facility. Wellhead Protection Area: Indicate if the facility
is located in or drains into a wellhead protection area as defined by the Safe Drinking Water Act of 1986 (SDWA). The response plan requirements in the Wellhead Protection Program are
outlined by the State in which the facility resides.t Owner/operator: Write the name of the company or person operating the facility and the name of the person or company that owns the
facility. if the two are different. List the address of the owner. If the two are different. Emergency Response Coordinator: Write the name of the emergency response coordinator for
the entire facility. If more than one person is listed, each individual indicated in this section shall have full authority to implement the facility response plan. For each individual.
list: name, position, add,ess, emergency phone number, and specific training experience. Date ofOil Storage Start-up: Enter the year which the present facility first started storing
oil.Current Operation: Briefly describe the facilities operations and include Standard Industry Classification (SIC) code. Dates and Type o/Substantial Expansion: Include information
on expansions that have occurred at the facility. Examples of such expansions include, but are not limited to: Throughput expansion, addition of a product line, change of a product line,
and installation of additional storage capacity. The data provided should include all facility historical information and detail the expansion of the facility. An example of substantial
expansion is any material alteration of the facility which causes the owner or operator of the facility to reevaluate and increase the response equipment necessary to adequately respond
to a worst case discharge from the facility. Date of Last Update: _ Facility Information Form Facility Name:----------Location (Street Address): City " State Zip-------------County ------------Phone
Number ( Latitude: -----------Degree Minutes Seconds Longitude: Degree ------------Minutes Seconds Wellhead Protection Area: Owner: Owner Address (if different from Facility Address)------------Locat
ion (Street Address): City State Zip --------------County -----------Phone Number ( ) Operator (if not Owner): Emergency Response Coordinator(s): 1 States with EPA approved Wellhead
Protection programs are: Arkansas. Connecticut, Delaware. lllinois, Louisiana. Maine. Maryland. Massachusetts, Nevada, New Hampshire. New Mexico, New York, Oklahoma. Puerto Rico, Rhode
Island. Texas and Vermont (as of August. 1992); Name: Position: Address; Emergency Phone Number: ------Date of Oil Storage Start-up -----Current Operation ----------􀁑􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭
Date(s) and Type(s) of Substantial Expansion(s) (Attach additional sheets if necessary) Q_----=._---------1.3 Emergency Response Information The information provided in this section
should describe what will be needed in an actual emergency Involving the discharge of oil or a combination of hazardous substances and oil discharge. The Emergency Response Information
section of the plan must Include the following components: 1. The information provided In the Emergency Notification Phone List in section 1.3.1 identifies and prioritizes the names
and phone numbers of the organizations and personnel that need to be notified immediately in the event of an emergency. This section should include all the appropriate phone numbers
for the facility. These numbers should be verified each time the plan is updated. The contact list should be accessible to all facility employees to ensure that, in case of a discharge.
any employee on site could immediately notify the appropriate parties. 2. The Spill Response Notification Form in section 1.3.1 creates a checklist of information that should be provided
to the National Response Center (NRC) and other response personnel. All information on this checklist should be known at the time of notification, or be in the process of being collected.
This notification form Is based on a similar form used by the NRC. Note: Do not delay notification to collect the information on the list. 3. Section 1.3.2 provides a description of
the facility's list of emergency response equipment. equipment testing, and location of the equipment. When appropriate, the amount of release that emergency response equipment can handle
and any limitations (e.g. launching sites) should be described. 4. Section 1.3.3 lists the facility response personnel. including those employed by the facility and those under contract
to the facility for response activities, the amount of time needed for personnel to respond, their responsibility in the case of an emergency, and their level of training. Three different
forms are included in this section. First, the Emergency Response Personnel List is to be composed of personnel employed by the facility whose duties involve responding to emergencies.
including oil spills even when they are not physically present at the site. An example of this type of person may be the Building Engineer-in-Charge or Plant Fire Chief. Second, the
Facility Response Team List is to be composed of personnel (referenced by job title/position) and contractors that will respond immediately upon discovery of an oil spill or other
Federal Register /Vol. 58. No. 30 /Wednesday, February 17, 1993 /Proposed Rules 8869 emergency. These are to be persons nonnally on the facility premises or primary response contractors
(i.e., the first people to respond). Examples of these personnel would be the Facility Hazardous Materials (HAZMAT) Spill Team 1, Facility Fire Engine Company 1, Production Supervisor,
or Transfer Supervisor. The last fonn Is a list of the Emergency Response Contractors (both primary and secondary) retained by the facility. These should be listed also on the second
form described above. Any changes In contractor status should be reflected In updates to the response plan. Evidence of contracts with response contractors should be included so that
availability of resources can be verified. Company personnel must be able to respond immediately and adequately. if contractor support is not available. 5. Section 1.3.4 lists factors
that should be considered when preparing an evacuation plan. 6. Section 1.3.5 references the facility facility response coordinators' responsibilities in the event of an emergency. This
information should aid in the assessment of the facility's ability to respond to a worst case discharge and identify additional assistance that may be needed. In addition, it is recommended
that the facility produce a wallet-size card containing a checklist of the immediate response and notification steps to be taken in the event of an oil discharge. Date of Last Update:
_ 1.3.1 Notification Emergency Notification Phone List, Whom To Notify Reporter's Name ---------Date Facility Name ----------Owner Name Facility Identification Number Date and Time of
Each NRC Notification --Incident Description Source andlor Cause of Incident Date__-__-__ Time of Incident__AM/PM Incident AddresslLocation Spill Kll8poD88 Notification Form Reporter's
Last Name First ____M.I._ Phone Numbers: ( ( ) Company -----------Organization Type --------Position Address rmpact Number of Injuries--------Number of Deaths Were there Evacuations
(YIN)? Number Number Evacuated---------Was there any Damage (YIN)? Damage in Dollars (approXimate) ---Medium Affected Description -----------More Information about Medium Additional
Information Any information about the incident not recorded elsewhere in the report? Material Released In Water ------Response Action Actions Taken To Correct, Control or Mitigate Incident
Unit/Measure -----------Quantity Unit of Measure ----------Phone number Released Quantity ---------City State Zip-------------Were Materials Released (YIN)? Confidential (YIN)? Meeting
Federal Obligations to Report _ __(YIN)? Date Called -----------Calling for Responsible Party (YIN)? Time Called -----------10. Local Emergency Planning Committee (LEPC). 11. Local Water
Supply System. Evening Phone .. 12. Weather Report . 13. Local Televlslonl Radio Station for Evacuation Notification. 14. 􀁈􀁯􀁳􀁰􀁩􀁴􀁡􀁾􀁬􀁾􀁳 ..:.:...::...::.:...::.:.::..:.L_-=========
Organization --+_......:.... Organization Phone number 1. National Response Center (NRC). 2. Facility Response Coordinator. Evening Phone .. 3. Company Response Team. Evening Phone ..
4. On-Scene Coordinator (OSC). Evening Phone .. 5. Area Committee Evening Phone .. 6. Local Response Team (Fire Dept./Cooperatives). 7. Fire Marshall ..... Evening Phone .. 8. State
Emergency Response Commission (SERC). Evening Phone .. 9. State Police ........ 1-80G-424-8802 Nearest City -----------State County -------------Zip 􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭 Distance
from City --------Units -------------Direction from City Section -----------Township-----------Range Container Type Tank Capacity-----------Units -------------Facility Capacity Units
-----------Facility Latitude __Degrees __Minutes __Seconds Facility Longitude __Degrees __Minutes __Seconds Material CHRIS Code-----------Caller Notifications EPA (YIN)? USCG (YIN)?
State (YIN)? Other (YIN)? Describe 1.3.2 Equipment Date of Last Update: _ Equipment List Last Inspection or Equipment Test Date Inspection Frequency Regional Response Team (RRT) approval:
1. Skimmers/Pumps--Operational Status Type, Model, and Year (Type)__(Model) __(Year)__ Number-------------Capacity gal./mln. Daily Effective Recovery Rate -----Storage Location----------
8870 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules Contract responsibility " Phone (dayl evening) Response Phone time Response time Coordinator (minutes)
Contractor 4. __ . 3. 2. 1. "Note: Include evldence 01 contracts agraements with response contractors to ensure the availability 01 personnel and equipment. 1.3.4 Evacuation Plans Based
on the analysis ofthe facility, as discussed elsewhere in the plan, a facUitywide evacuation plan should be developed. In addition, plans to evacuate parts of the facility or surrounding
communities that are at a high risk of exposure in the event of a spill or other release must be developed. Evacuation routes must be shown on a diagram of the facility (see section
1.9). When developing evacuation plans, consideration should be given to the following: 1. Location of stored materials; 2. Hazard imposed by spilled material; 3. Spill flow direction;
4. Prevailing wind direction and speed; 5. Water currents. tides. or wave conditions (if applicable); 6. Arrival route of emergency response personnel and equipment; 7. Evacuation routes;
8. Alternative routes of evacuation; 9. Transportation of injured personnel to nearest emergency medical facility: 10. Location of alarm/notification systems: 11. The need for a centralized
check-in area for evacuation validation (roll call); Date of last update: _ Ifthe facility uses contracted help in an emergency response situation, the ownerl operator must provide the
contractors' names and review the contractors' capacity to provide adequate personnel and equipment. Date of last update: _ EMERGENCY RESPONSE CONTRACTORS FACILITY RESPONSE TEAM 7. Communication
Equipment (include operating frequency and channel and/or cellular phone numbers)--Dperational Status --Type and Year Quantity Storage LocationlNumber 8. Fire Fighting and Personnel
Protective Equipment-Operational Status Type and Year Quantity Storage Location 9. Other (e.g., Heavy Equipment, Boats and Motors)--Dperational Status Type and Year Quantity ,-Storage
Location 1.3.3 Personnel Date of last update: EMERGENCY RESPONSE PERSONNEL COMPANY PERSONNEL Re=n-Re-slbllty Training Name Phone" spanse during time spraan-se 'J:: action 1. ---------2.
---------3. ---------4. ---------5. ---------6. ---------7._ --------S,_ --------9. ---------10._ --------11. ---------12. ---------"Phone number to be used when person Is not onslle.
uel Last Changed ms-Operational Status Model, and Year (Type)__(Model) (Year)__ er nmentArea sq. ft. e Location micals Stored (Dispersants listed on NCP Product Schedule) nt urchased
ent Capacity e Location facility applied for permit to use above dispersants: YIN)__: Federal (YIN)__. and State of On-Scene Coordinator authorizing use uthorized persant Dispensing
Equipment-Dper-I Status nd Year ity e Location nse Time (Minutes) ents-Dperational Status nd Year Purchased nttion Capacity gal. e Location d Toois-Operational Status nd Year ity e Location
Respo Storag Amou DateP Quant Capac Storag DateF 2. Boo Type. 5. Sorb Type a Arnou Absorp Storag 6. Han Type a Treatm Has listed State ( Name (OSC) Date A 4. Dis ationa Type a Storag
Numb Size Contai Storag 3. Che EPA's Type
Federal Register /Vol. 58, No. 30 /Wednesday, February 17, 1993 /Proposed Rules 8871 12. Selection of a mitigation command center; and 13. Location of shelter at the facility as an option
to evacuation. When preparing this section of the response plan, the Handbook of Chemical Hazard Analysis Procedures by the Federal Emergency Management Agency (FEMA), Department of
Transportation (DOT), and EPA should be referenced. The Handbook of Chemical Hazard Analysis Procedures is available from: FEMA, Publication Office, 500 C Street, SW., Washington, DC
20472, (202) 􀀶􀀴􀀶􀁾􀀳􀀴􀀸􀀴􀀮 1.3.5 Coordinator's Duties Duties of the Emergency Response Coordinator The duties of the designated emergency response coordinator or an adequately trained
and qualified person appointed by the coordinator are specified by the rule in § 112.20(h)(3)(ix). The coordinator's duties must be described and be consistent with the minimum requirements
in the rule. In addition, the emergency response coordinator and any qualified appointee must be identified with the Facility Information in. section 1.2. 1.4 Hazard Evaluation This
section asks the facility owner/operator to examine the facility's operations closely and to predict where releases could occur. Hazard evaluation is a widely used industry practice
that allows owners and operators to develop a complete understanding of potential hazards and the response actions necessary to address these hazards. The Handbook of Chemical Hazard
Analysis Procedures, prepared by the EPA, DOT, and the Federal Emergency Management Agency and the Hazardous Materials Emergency Planning Guide (NRT1), prepared by the National Response
Team are good references for conducting a hazard analysis. Hazard identification and evaluation will assist facility owners and operators in planning for potential releases, thereby
reducing the severity of discharge impacts that may occur in the future. The evaluation also may help the operator identify and correct potential sources of releases. In addition. special
hazards to to workers and emergency response personnel's health and safety should be evaluated, as well as the facility's spill history. 1.4.1 Hazard Identification The follOWing directions
should be used for completing the Tank and Surface Impoundment (SI) forms that are part of this section. Similar worksheets should be developed for any other type of storage containers.
1. List each tank at the facility with a separate and distinct identifier. Begin aboveground tank identifiers with an "A" and below ground tanks identifiers with a "B", or submit multiple
sheets with the aboveground tanks and below ground tanks on separate sheets. 2. Use gallons for the maximum capacity of a tank; and use square feet for the area. 3. Using the appropriate
identifiers and the following instructions, fill in the appropriate forms: • Tank or SI number-Using the aforementioned identifiers (A or B) or multiple reporting sheats, identify each
tank or SI at the facility that stores oil or hazardous materials. • Substance Stored-For each tank or SI identified, record the material that is stored therein. If the tank or SI Is
used to store more than one material, list all the stored materials. • Quantity Stored-For each material stored in each tank or SI, report the average volume of material stored on any
given day. • Tank Type or Surface ArealYear-For each tank, report the type of tank (e.g. floating top), and the year the tank was originally installed. If the tank has been refabricated,
the year that the latest refabrication was completed should be recorded in parentheses next to the year installed. For each SI, record the surface area of the impoundment and the year
it went into service. • Maximum Capacity-Record the operational maximum capacity for each tank and SI. If the maximum capacity varies with the season, record the upper and lower limits.
• Failure/Cause-Record the cause and date of any tank or SI failure which has resulted in a loss of tank or SI contents. 4. Using the numbers from the tank and SI forms. label a schematic
drawiI18 drawiI18 of the facility. This drawiI18 should be identical to any schematic drawings included in the SPCCPlan. ,_ 5. Using knowledge of the facility and its operetions, describe
the following in writing: A. The loading and unloading of transportation vehicles that risk the release of oil or hazardous substances during transport processes. These operations may
include loading and unloading of trucks, railroad cars, or vessels. The volume of material involved in transfer operations should be estimated. B. Day to day operations that may present
a risk of releasing oil or a hazardous substance. These activities include scheduled venting, piping repair or replacement, velve maintenance, transfer of tank contents from one tank
to another, etc. (not includiI18 transportation-related activities). The volume of material involved in these operations should be estimated. C. The secondary containment volume associated
with each tank and/or transfer point at the facility. The numberins scheme developed on the tables should be used to identify each containment area. Capacities should be listed for each
individual unit (tanks, slumps, drainll8e traps, and ponds), as well as the facility total. D. Normal daily throughput for the facility and any effect on potential release volumes that
a negative or positive change in that throughput may cause. Date of last update: _ HAZARD IDENTIFICATION TANKS· Substance storec:l Quan-Mald-Tank (all & lily Tank mum Fall-storec:l typW
􀀱􀁾􀀭 no. haZard-ural ous (gal-yeer cause sub-IOns) stance) ------------------------------------------------• (Tank=any container that atol'88 all). Attach as many 8heet8 as neeasaary.
Date of last update: _ HAZARD IDENTIFICATION SURFACE IMPOUNDMENTS (SI) Quan-Sur· Maxi· Sub-mum Fall-SI No. stance tlty face ClIfl;C. ural stored s(togarel)d ayreeaarl cause (gal) --------------------
----------------------------Attach as many sheets as neeasaary. 1.4.2 Vulnerability Analysis The vulnerability analysis should address the potential effects (i.e., to human health, property,
or the environment) of a spill. Attachment e-m to appendix C of this part provides a method that owners or operators could use to determine appropriate distances from the facility to
environmentally sensitive areas and drinking water intakes. Owners and operetors could use an alternative formula that is considered acceptable by the RA. If an alternative formula is
used, documentation of the reliability and analytical soundness of the formula must be attached to the response plan cover sheet. This analysis should be prepared for each facility,
and should include discussion of the vulnerability of: 1. Water intakes (drinking, cooling, or other); 2. Schools; 3. Medical facilities; 4. Residential areas; 5. Businesses; 6. Wetlands
or other environmentally sensitive areas; 2 7. Fish and wildlife; 8. Lakes and streams: 9. Endangered flora and fauna; 10. Recreational areas; 11. Transportation routes (air,land, and
water); 12. Utilities; and 13. Other areas of economic importance including terrestrially sensitive Z Refer to Appendix Dof the proposed rule for the listing of environmentally sensitive
areas.
8872 Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules environments. aquatic environments. and. unique habitats. 1.4.3 Analysis ofthe Potential for a
Spill Each owner or operator should analyze the probability of a spill occurring at the facility. This analysis should be quantitative. incorporating factors such as tank age. spill
history. horizontal range of a potential spill. and vulnerability to natural disaster. This analysis will provide information for developing discharge scenarios for a worst case discharge
and small and medium discharges and aid in the development of techniques to reduce the size and frequency of spills. The owner or operator may need to research the age of the tanks and
the spill history at the facility. 1.4.4 Spj]] History Briefly describe the facility's reportable spill 3 history for the entire life of the facility, including: 1. Date of discharge(s);
2. List of discharge causes: 3. Material(s) discharged: 4. Amount discharged in gallons; 5. Amount of discharge that reached navigable waters, if applicable: 6. Effectiveness and capacity
of secondary containment: 7. Clean-up actions taken: 8. Steps taken to reduce pOSSibility of recurrence; 9. Total storage capacity of the tank(s) or impoundment(s) from which the material
discharged; 10. Enforcement actions; 11. Effectiveness of monitoring equipment; and12. n..scription of how each spill was detected. The information solicited in this section may be similar
to requirements in § 112.4(a) of the October 22.1991 proposed revisions to the Oil Pollution Prevention rule (56 FR 54612). Any duplicate information in § 112.4(a) may be photocopied
and inserted. 1.5 Discharge Scenarios In this section. the owner or operator is asked to provide a description of the facility's worst case discharge. as well as a small and medium spill,
as appropriate. A tiered planning approach has been chosen because the response actions to a spill (i.e.• necessary equipment. products, and personnel) are dependent on the magnitude
of the spill. Planning for lesser discharges is necessary because the nature of the response may be qualitatively different depending on the quantity ofthe discharge. In this discussion,
the owner or operator should discuss the potential direction of the spill pathway. 1.5.1 Small and Medium Discharge To address tiered planning requirements. the owner or operator must
consider types of facility-specific spill scenarios that may 3 As described In 40 CFR part 110, reportable spills are those that: (a) Violate applicable water quality standards. or (b)
cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon
adjoining shorelines. contribute to a small or medium spill. The scenarios should account for all the operations that take place at the facility. including but not limited to: 1. Loading
and unloading of surface transportation; 2. Facility maintenance; 3. Facility piping; 4. Pumping stations and slumps; 5. Storage tanks: 6. Vehicle refueling: and 7. Age and condition
offacility and components. The scenarios should also consider factors that affect the response efforts required by the facility. These include but are not limited to:1. Size of the spill:
2. Proximity to downgradient wells. waterways. and drinking water intakes: 3. Proximity to environmentally sensitive areas; 4. Likelihood that the discharge will travel offsite (i.e.•
topography, drainage): 5. Location ofthe material spilled (on a . concrete pad or directly on the soil); 6. Material discharged: 7. Weather or aquatic conditions (i.e., river flow);
8. Available remediation equipment; 9. Probability of a chain reaction of failures: and 10. Direction of spill pathway. 1.5.2 Worst Case Discharge In this section. the owner or operator
must identify the worst case discharge volume at the facility. Worksheets for production and non-production facility owners and operators to use when calculating worst case discharge
are presented in Appendix E to 40 CFR part 112. When planning fgr the worst case discharge response, all ofthe aforementioned factors listed in the small and medium discharge section
of the response plan should be addressed. Depending on the adequacy of secondary containment and the proximity to navigable waters, the worst case discharge may be: (1) The total aboveground
oil storage capacity (plus production capacity if applicable) for facilities without adequate secondary containment; (2) the capacity of the largest single tank within a common secondary
containment area or the combined capacity of a group of aboveground tanks permanently manifolded together within a common secondary containment area. whichever is greater. plus an additional
quantity for any tanks without secondary containment (plus production volume if applicable); (3) 110% ofthe capacity ofthe largest single tank within a secondary containment area or
110% of the combined capacity of a group of tanks within a common secondary. containment area, whichever whichever is greater (plus production volume if . applicable): or (4) a combination
of the above. For onshore storage facilities and production facilities. permanently manifolded tanks are defined as tanks that are designed, installed. and/or operated in such a manner
that the multiple tanks function as one storage unit. In this section of the response plan. owners and operators must provide evidence that tanks with common piping or piping systems
are not operated as one unit. If such evidence is provided and is acceptable to the RA. the worst case discharge volume would be based on the combined storage capacity of all manifold
tanks or the capacity of the largest single tank within the secondary containment area. whichever is greater. For permanently manifolded tanks that function as one storage unit. the
worst case discharge would be based on the combined storage capacity of all manifolded tanks or the capacity of the largest single tank within a secondary containment area, whichever
is greater. For purposes of the worst case discharge calculation. permanently manifolded tanks that are separated by internal divisions for each tank are considered to be single tanks
and individual manifolded tank volumes are not combined. 1.6 Discharge Detection Systems In this section. the owner or operator should provide a detailed description of the procedures
and equipment used to detect discharges. A section on spill detection by personnel and a discussion of automated spill detection, ifapplicable, should be included for both during regular
operations and after hours. In addition, the owner or operator should discuss how the reliability of any automated system will be checked and how frequently the system will be inspected.
1.6.1 Discharge Detection by Personnel In this section, owners and operators should describe the procedures and personnel that will detect any spill or uncontrolled release of oil or
hazardous material. A thorough discussion of facility inspections should be included. In addition, a description of initial response actions should be addressed. See section 1.3.1 of
the response plan for emergency response information. 1.6.2 Automated Discharge Detection In this section, facility owners and operators must describe any automated spill detection equipment
that the facility has in place. This section should include a discussion of overfill alarms, secondary containment sensors. etc. A discussion of the plans to verify an automated alarm
and the actions to be taken once verified must also be included. 1.7 Plan Implementation In this section. facility owners and operators must explain in detail how to implement the facility's
emergency response plan by describing response actions to be carried out under the plan to ensure the safety of the facility and to mitigate or prevent discharges described in section
1.5. This section includes the identification of response resources for small, medium, and worst case spills; disposal plans: and containment and drainage planning. A distinct list of
those personnel who would would be involved in the cleanup should be identified. Procedures that the facility will use, where appropriate or necessary, to update their plan after a spill
event and the time frame to update the plan must be described.
Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules 8873 TANK/SURFACE IMPOUNDMENT INSPECTION LOG RESPONSE EQUIPMENT INSPECTION LOG (Use secllon 1.3.2 as
checklIst) A. Droplets of stored material; B. Discoloration; C. Corrosion; D. Bowing of pipe between supports; E. Evidence of stored material seepage on valves or seals; and F. Localized
dead vegetation. 1.8.1.2 Response Equipment Inspection Response Equipment Checklist Using the Emergency Response Equipment List provided in section 1.3.2 ofthe response plan, describe
each type of equipment. checking for the following: 1. Inventory (item and quantity) 2. Storage location 3. Accessibility (time to access and respond) 4. Operational status/condition
5. Actual use/testing (last test date and frequency of testing) 6. Shelf life (present age, expected replacement date) Please note any discrepancies between the list and the actual equipment
available. Comments Comments Dale Dale Tank or SI No. Inspector lnepector 5. Sump pump capacities; 6. The containment capacity of weirs and booms that might be used and their location
(see Section 1.3.2); and 7. Other cleanup materials. In addition. facility owners and operators must meet the inspection and monitoring requirements for drainage contained in the SPCC
regulation. A copy of the containment and drainage plans from the facility's SPeC Plan may be inserted in this section, including any diagrams of those plans. INote: A proposed general
permit for stormwater drainage may contain additional requirements.! 1.8 Self-Inspection, Training, and Meeting Logs Training and meeting logs shall be included in the response plan
to aid facility owners, operators, and employees in spill prevention awareness and response requirements. Logs must be kept for facUlty m.x:k alert drills, personnel training. and spill
prevention meetings. Much of the recordkeeping information contained in this section is required by the existing SPeC regulation. 1.8.1 Facility Self-Inspection Pursuant to § 112.7(e)(8)
ofthe rule in 40 CPR part 112, revised as of]uly 1, 1992, each facility should conduct self-inspections and include the written procedures and records of inspections in the SPCC Plan.
The inspection should include the tanks, secondary containment. and response equipment at the facility. The inspection of tanks and secondary containment required by the SPeC regulation
and records of those inspections should be cross-referenced in the response plan. 􀁔􀁨􀁥􀀮􀁾􀁮􀁳􀁰􀁥􀁣􀁴􀁩􀁯􀁮 of response equipment is a new requirement in this plan. Facility self-inspection
requires two steps: (1) A checklist ofthings to inspect; and (2) a method of recording the actual Inspection and its findings. The date of each inspection shall be noted. These records
are required to be maintained for five years. 1.li.l.l Tank Inspection Tank Inspection Checklist The tank inspection checklist presented below has been included as part of SPCC guidance
for inspections and monitoring. If information in this section duplicates information required in in § 112.7(e) of the October 22.1991 proposed revisions to the Oil Pollution Prevention
regulation (56 FR 54612) it may be photocopied and inserted. 1. Check tanks for leaks, specifically looking for: A. Drip marks; B. Discoloration of tanks; C. Puddles containing stored
material; D. Corrosion; E. Cracks; and F. Localized dead vegetation. 2. Check foundation for: A. Cracks; B. Discoloration; C. Puddles containing stored material; D. Settling; E. Gaps
between tank and foundation; and F. Damage caused by vegetation roots. 3. Check piping for: Malerlal Disposal Locatlon RCRAperlacllity ml.llmanllesl 1.--------2.--------3.--------4.--------1.7.1
Response Resources for Small, Medium, and Worst Case Spills Once the spill scenarios have been identified in section 1.5 of the model response plan. the owner or operator should identify
and describe implementation of the response actions. The facility should demonstrate accessibility to the proper response personnel and equipment to . effectively respond to all of the
identified spill scenarios. Guidelines for the determination and demonstration of adequate response capability are presented in Appendix F to 40 CPR part 112. In addition, steps to expedite
the cleanup of spills must be discussed. At a minimum. the following items should be addressed: 1. Emergency plans for spill response; 2. Additional training; 3. Additional contracted
help; 4. Access to additional equipment/experts; 5. Ability to implement plan including training and practice drills; 1.7.2 Disposal Plans Facility owners and operators must describe
how and where the facility intends to recover, reuse, decontaminate. or dispose of materials after a discharge has taken place. The appropriate permits required to transport or dispose
of recovered materials according to local, State. and Federal requirements must be addressed. Materials that should be accounted for in the disposal plan include: 1. Recovered product;
2. Contaminated soil; 3. Contaminated equipment and materials, including drums, tank parts, valves, and shovels; 4. Personnel protective equipment; 5. Decontamination solutions; 6. Adsorbents;
and 7. Spent Chemicals. These plans must be prepared in accordance with Federal (e.g., the Resource Conservation and Recovery Act [RCRA]). State. and local regulations, where applicable.
A copy of the disposal plans from the facility's SPeC Plan may be inserted with this section including any diagrams of those plans. 1.7.3 Containment and Drainage Planning A proper plan
to contain and control a spill through drainage may limit the threat of harm to human health and Ihe environment. This section should describe how to contain and control a spill through
drainage. including: 1. The available volume of containment (use the information presented in section 1.4.1 oftbis document); 2. The route of drainage from storage and transfer areas;
3. The construction materials used in drainage troughs; 4. The type and number of valves and separators used in the drainage system;
8874 Federal Register /Vol. 58, No. 30 /Wednesday, February 17, 1993 /Proposed Rules 1.8.1.3 Secondary Containment Inspection Secondary Containment Checklist Inspect the secondary containment
(as described in sections 1.4.1 and 1.7.2 of the plan), checking the following: 1. Dike or berm system. A. Level of precipitation in dike/available capacity B. Operational status of
drainage valves C. Dike or berm permeability C. Debris E. Erosion F. Permeability of the earthen floor of diked area G. Location/status of pipes, inlets, drainage beneath tanks, etc.
2. Secondary containment A. Cracks B. Discoloration C. Presence of stored material (standing liquid) D. Corrosion E. Valve conditions 3. Retention and drainage ponds A. Erosion B. Available
capacity C. Presence of stored material D. Debris E. Stressed vegetation During inspection, make note of discrepancies in any of the above mentioned items, and report them immediately
to the proper facility personnel. Additionally, duplicate information from § 112.7(c) of the October 22, 1991 proposed revisions to the Oil Pollution Prevention rule (56 FR 54612) may
be photocopied and inserted here. 1.8.2 Mock Alert Drills Mock alert drills, as required by CWA section 311(j)(5), are part ofthe response plan and should be detailed below. During the
drills, actions taken by the response team, both predicted and unpredicted, should be noted, and any problems that arise should be resolved as soon as possible. 1.8.2.1 Mock Alert Drill
Logs Mock Alert Drill Log Date: Company: -----------Response Coordinator: -------Emergency Scenario: ---------Local Response Team's Response Time: Contractea Personnel Response Time:
-Facility Personnel Response Time: Notes: Changes to be Implemented: Time Table for Implementation: -----1.8.3 Training and Meeting Logs Owners and operators are required by § 112.20(e)(8)
to keep a personnel training log that should include a record of all formal response training received by each employee. Personnel training logs and discharge prevention meeting logs
are included in sections 1.8.3.1 and 1.8.3.2 respectively. 1.8.3.1 Personnel Training Logs PERSONNEL TRAINING Response traln-Pravenllon Name Irllidate and tralnlrllidate number of and
number of haulS haulS 1.8.3.2 Discharge Prevention Meetings Log Discharge Prevention Meeting Date: ------------Attendees: Subject/issue Required ac-Implementaidentified tion hon date
1.9 Diagrams The facility-specific response plan should include the following diagrams. Additional diagrams that would aid in the development of response plan sections may also be included.
1. The Site Plan Diagram should include and identify: A. The entire facility to scale; B. Above and below ground bulk storage tanks; C. The contents and capacities of bulk storage tanks;
D. The contents and capacity of drum storage areas: E. the contents and capacities of surface impoundments; F. Process buildings: G. Transfer areas; H. Secondary containment systems
(location and capacity); I. Structures where hazardous materials are stored or handled, including materials stored and capacity of storage: J. Location of communication and emergency
response equipment: and K. Location of electrical equipment which contains oil. 2. The Site Drainage Plan Diagram should include: A. Major sanitary and storm sewers, manholes, and drains;
B. Weirs and shut-off valves; C. Surface water receiving streams; D. Fire fighting water sources; E. Other utilities; F. Response personnel ingress and egress; G. Equipment transportation
routes; and H. Direction of spill flow from release points. 3. The Site Evacuation Plan Diagram should include: A. Site plan diagram with evacuation route(s); and B. Location of evacuation
regrouping areas. 1.10 Security Section 112.7(e)(9) of 40 CFR part 112, revised as of July 1,1992, requires facilities to maintain a certain level of security, as appropriate. In this
section, a description of the facility security should be provided including: 1. Emergency cut-off locations (automatic or manual valves); 2. Enclosures (e.g., fencing, etc.); 3. Guards
and their duties, day and night; 4. Lighting; 5. Valve and pump locks; and 6. Pipeline connection caps. Section 112.7(g) of the October 22, 1991 proposed revisions to the Oil Pollution
Prevention rule (56 FR 54612) contains similar requirements. Duplicate information may be photocopied and inserted in this section. 2.0 Response Plan Cover Shflflt A three page, computer-readable
form has been developed to be completed and submitted to the RA by owners and operators who are required to prepare and submit a facility-specific response plan. The cover sheet (Attachment
G-1) is intended to accompany the response plan and provide the Agency with basic information concerning the facility. This section will describe the Response Plan Cover Sheet and provide
instructions for its completion. Page One-Facility Information Owner/Operator ofFacility: Enter the name of the owner of the facility (if the owner is the operator). Enter the operator
of the facility if otherwise. If the owner/operator of the facility is a corporation, corporation, enter the name of the facility's principle corporate executive. Enter as much of the
name as will fit in each section. Facility Name: Enter the proper name of the facility. Largest Tank Capacity: Enter the capacity in GALLONS of the largest aboveground storage tank at
the facility. Maximum Storage Capacity: Enter the total maximum capacity in GALLONS of all aboveground storage tanks at the facility. Number of Tanks: Enter the number of all aboveground
storage tanks at the facility. Page Two-Facility Information Enter the street address, city, State, zip code, and phone number of the facility in the appropriate boxes. Dun and Bradstreet
Number: Enter the facility's Dun and Bradstreet number if available. Standard Industrial Classification (SIC) Code: Enter the facility's SIC code as
Federal Register I Vol. 58, No. 30 I Wednesday, February 17, 1993 I Proposed Rules 8875 determined by the Office of Management and Budget. Worst Case Discharge Amount: Using information
from the worksheets in appendix E, enter the amount of the worst case discharge in GALLONS. Page Three-Determination of Substantial Harm Using the flowchart provided in Attachment e-I
ofappendix C, blacken the appropriate circle to each question. Explanations to referenced terms can be found in appendix C. Ifan alternative formula to the ones described in Attachment
e-m is used to calculate the planning distance, documentation of the reliabllity and analytical soundness of the formula must be attached to the response plan cover sheet. Additional
Information Latitude and Langitude: Enter the facllity latitude and longitude in degrees. minutes, and seconds. Facility Distance to Navigable Waters: Enter the nearest distance between
an opportunity for discharge (Le.• storage tank, piping. or flowline) and a navigable water. Certification Complete this block after all other questions have been answered. BlWHG CODE
lI5eO-5O-D
FW<\l APP](()\TD RESPONSE PLAN COVER SHEET 􀀨􀀩􀁾􀁈􀀺 \u \.\.\.\X \I'I'RUY.\L EXPIRES 1[)\TEJ AUadunent 􀁾 --Page 1 of 3 :: -.:a = OWNER I OPERATOR OF FACILITY FACILITY NAME First 20
letters 0I0 0 0 0 0 i0 0 0 0 '" 0iII00i 􀁾 IIi 􀁾I II􀁾I􀁾 􀁾 􀁾 $$ I $I I @$5® ® ® ® $5® ® $5® ®® ® ®􀁾 ®$5®®® @@@I @@@@I@@I @@@􀁾 􀁾 􀁾 􀁾 􀁾 􀁾 􀁾 􀁾 􀁾 􀁾 􀁾 􀁾 􀁾 􀁾n􀁾 􀁾 􀁾i 􀁾
􀁾 􀁾 􀁾i 􀁾 􀁾 􀁾 􀁾􀁾 i 􀁾 ©@@© © © © © @@© @©@© @@@@@@@@@@@@@@@@@@@@I;IIIIIIIIIIIIIIIIII 􀁾I􀁾 􀁾 􀁾 􀁾 􀁾 􀁾II􀁾 􀁾 􀁾 􀁾 t 􀁾 􀁾II􀁾 ® ® ® ® ® ® ® ® ® ® ® ® 􀁾 ® ® ® ® ® ®® ® ®
®® ® ® ®® ®® ®®®® 􀁾 􀁾i II􀁾Ii i i IIIIIIi IiIII @􀁾 􀁾 􀁾 􀁾 􀁾 􀁾 􀁾􀁉􀁾 􀁾 􀁾 􀁾 􀁾 􀁾 􀁾 􀁾􀁾 􀁾 I!.' 􀁉􀁾 z Z Z Z Z Z @Z Z Z Z Z Z Z Z Z Z Z Z Z IMPORTANT This fonn is intended
to be lXIIIIputer readable. To c:omplete Ibis form, enlirely liD in the desired circle with black or blue ink. PleaSe do not fold, staple, or mutilate this form. Return this form in
a 9" x 12" emelope. Please print requested information in BOXES for each individual question. CORRECr MARK • • INCORREcr MARKS 􀁧􀁏􀁥􀀾􀀰􀁾 EXAMPLE: NAME E:P A 0 0 0 􀁾 􀁾 􀁾 􀁾 􀁾 􀁾
•® ® ® ® ® @@@􀁾 􀁾 􀁾 􀁾 􀁾 􀁾 © © © @@@III 􀁾 􀁾I ® ® 􀁾®!I 􀁾Ii I􀁾􀁾® lAST NAME -First 15 letters INSfRUcnONS nus form is designed to accompany a submitted Response Plan. Explanations
and detailed instructions can be found in Appendix G. Facility information contained here wiD be returned with the Response Plan. LARGESr TANK CAPAClIY (GAllONS) @o 0 o 0 O@1"0 '0' 􀁾
':<--I I I I I I 1 I I ® ®11-®,;:: ;:2: 2 2 􀁾 t 􀁉􀁾 􀁾 @􀁾 @@@@@􀁾 􀁾 ® 4 ®®®®®r4 ® 5 5 5 5 5 5 􀁾􀁾 􀁾 6 6 6 6 6 6 􀁾 􀁾7 7 7 7 7 7 M: 􀁾 8 8 8 8 ®"8 ®􀁾 lei> ® \! ®®®®® 9 􀁉􀁾 MAXIMUM
STORAGE CAPACrIY (GAllONS) II NUMBER,I OF TANKS o 0 0 1 1 1 2 2 2 , ! , 444 5 5 5 666 7 7 7 8 8 ® ® ..! 􀁉􀁾 GENERAL INFORMATION PubIc I8POI1tla burden for the ooI8clIorl of tfiIs WormaIIon
II estII i iCIl8c1 to IIaIV fICm one hex. to 270 hous per􀁾h the ftrst year, with CI'l 􀁾of 5 hourS per r8IPOflI8. 1hIIi estimate hdudes time for 18Yle::iI hstructlorw. seactllng 8l
9 data lIOUI'C8S.􀁾the data needed. and 􀁾􀁴􀁦􀀱􀁧 and 􀁲􀁾the cdl8c:t1on of h . Send comments reaardna the tuden esIImate of-this hlormatlon. 􀁾 suaaesttons for􀁾thIS bliden to : ChIef.
Infoii'notlon 􀁾 I!la'lc:h. PM-223. U.S. Envi'olll'l8llfal Protection Agency. «II M Street. SW. \Yc:BlIngtOn. D.C. 20460; and to the Offtce of hformatlon and Regulatory Affairs• 0fIIce
of 􀁍􀁾􀁮􀁴 arid 􀁾􀁤􀁧􀁥􀁴􀀮 W3hhgton. D.C. 20503. If.-􀁾CIt !l' 􀁾wQ-J I􀁾 .:'I 􀁾!-flll:I i-III
Attachment G-2 (Continued) Page 2 of 3 (CONTINUEI)) -􀁾r􀁾f􀁾􀁾􀁾==w:􀁾􀁾-􀁾C1I :0 􀁾wo-f{=1;Q., i U.S. ZIP CODE -o 0 fo' o 0 o 0 o 0 1 1 1 1 I I 1 1 1 2 2 222 2U 2 2 5 5 355 5 5 5 5
• 4 44. • 4 4 4 5 5 555 5 5 5 5 6 6 666 6 6 6 6 7 7 777 7 7 7 7 8 8 8 8 8 8 8 8 8 9 9 9 9 9 9 9 9 9 FACllllY PHONE NUMBER .c.o.d.e. I -o 0 o 0 o 0 o 0 o 0 1 1 1 1 1 I I 1 1 I 2 2 2 2
2 2 2 2 2 '! 5 5 5 5 5 5 5 5 a 5 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 II 7 7 7 7 7 7 7 7 7 7 8 8 8 8 8 8 8 8 8 8 9 9 9 9 9 9 9 9 9 9 ] 􀁗􀁏􀁒􀁓􀁔􀁃􀁾 DISCHARGE AMOUNT
(GAUONS) o 0 o 0 o 0 o 0 ® 1 1 I CD I 1 1 1 1 ® 2 2 2 2 2 2 2 2 5 3 5 3 5 3 5 5 5 4 4 4 4 4 4 444 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 7 7 7 7 7 7 777 8 8 8 8 8 8 8 8 8 9 9 9 􀁾 .It 9
9 9 9 ISTANDARD INDUSllUAL 1 CIASSIFlCATION (SIC) o 0 o@I I I I 2 2 (2' ® "i "i@i 􀁾 􀁾􀂮 x "" 􀁾 5 5 5 5 6 6 II 6 􀁾 􀁾 ®􀁾 8 8 8 8 9 I» 9 9 DUN & BRADSTREET NUMBER o 0 o 0 o 0 o 0
0 '1'1 I 1 1 1 CD 􀁾􀁉􀀧􀀮􀀡 􀁾􀁾 2 2 2 2 2 2 2 􀀵􀁾 5 5 5 5 5 5 ® • 4 • 4 4 4 • 4 00 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 7 7 7 7 7 7 7 7 ® 8 8 8 8 8 8 8 8 ® 9 9 9 9 9 9 I» 9 9 cm
(first 15 letters) A AfA'A A A fA' AA A AlA lA; B B B B B B B B [Ii B e e c e err. e e e e e DDDD DDDD DD E E E E E E E E E E rE E E E E r p p p p r r p p r r p r p F GGGG i GGG GG GG
iii I I I I I I I I I I I I I I I L L L L L L L L 􀁾􀁾 L L L L 􀁾 Nj,lN:N' 0000 0000 00 00 00 0 p p p p i P P P P P RR RRRRRRRRIiiii 􀁾􀁾 􀁾 5 '5 5 S S S S S S S S S S S S T T T T T
T T T T T f'l" T T T IT. UUUU UUUUU U 􀁵􀁾􀁵 u X' X y Y Y Y Y Y Y Y Y Y Y'lrYIY Y Y z; Z Z Z Z Z Z Z Z Z Z Z'f"Z Z Z " -REMEMBER USE BlACK OR BLUE INK DO NOT FOID, SfAPIE. OR MUIlIATE
nus FORM FACILITY ADDRESS (SlJ'eet address, route or box) indicate a ap.:e In the address br filling in the blanK drele at the top of the colwnn. 􀁉􀁑􀀬􀀮􀀮􀀮􀀮􀀬􀁏􀁨􀁏􀁾􀁉􀀬􀀮􀀮􀀮􀀮􀀮􀁏
0 􀁾􀁾􀂮 􀂮􀁉􀁾􀁾 􀀱􀁾􀂮􀁾􀁁􀀺􀁁􀁁􀁡 􀁾 􀁂􀁂􀂮􀁾􀁂􀁂􀁂􀂮􀀺􀁂􀀱􀁂 􀁲􀁂􀂮􀁾􀁂􀁂􀁂􀁂 􀁾 􀁾􀁾􀂩􀁾􀁥􀁥􀁥􀂩􀁥􀁥􀁥􀁥􀂩􀁥􀁥􀁥􀁣􀁾 @􀁾􀁄􀁀􀁄􀁭􀁄􀁄􀁀􀁄􀁮􀁄􀁄􀁀􀁄􀁄􀁄􀁄􀁄􀁄􀁀 􀂮􀀡􀂮􀁾􀂮􀁾􀁉􀂮􀁅􀁅􀁅􀁾􀂮􀁅􀁉􀁾􀁅�
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Li 􀁀􀁾􀁀􀁾􀁀􀁍􀁾􀁀 @= 􀁯􀁾􀁾􀁯􀁯􀁯􀁯􀁯􀁯􀁯􀁯􀁯􀁾􀁯􀁯􀁯􀁯􀁯􀁾􀁯 p 􀁰􀁾 p p p p p p p p 􀁰􀁾􀁰 p p p p p p 􀁉􀁉􀁉􀁒􀁒􀁒􀁒􀁒􀁒􀁒􀁒􀁒􀁉􀁾􀁩􀁒􀁾􀀻􀀻􀀱 􀁾􀀡 ® 'S"@s s @s s s s ® S S 5 S 5
S <! 􀁾􀀬􀁾􀂮􀁔􀁔􀁔􀁔􀂮􀁔􀁔􀁔􀁔􀂮􀁔􀁘􀁔􀁔􀁔􀁔􀁾 􀁾􀁉􀁀􀁦􀁩􀁀􀁵􀁵􀁵􀁵􀁵􀁵􀁵􀁾􀁵􀁵 UUI 􀀮􀁾􀁾 􀁾 􀁾 ,® X X X X 􀁾 X X X 􀁾 viyyyyyy 􀁹􀁹􀁹􀁹􀁹􀁹􀁾􀁖􀁙􀁾 􀁾􀁾 􀁾􀁀 Z Z Z Z Z Z z zrz z z
z z z z z <% -i 􀁾 ® 'i'® 0 0 0 0 0 0 0 0 0 0 0 0 0 0 @􀁩􀁾􀁃􀁄􀁔􀁃􀁄􀁬􀁬􀀱􀁬􀀱􀁬􀁬􀁃􀁄􀀱􀀱􀀱􀁬􀁬􀁬􀁃􀁉 􀀡􀁾􀂮􀁾􀂮􀁴􀁾􀂮􀀲 22 t®2 2 2 2 !!<! 􀁬􀁩􀁀􀀵􀀵􀀵􀀵􀁀􀁀􀀵􀀵􀀵􀁀􀀵􀀵􀀵􀀵􀀳􀀵􀁾
􀁾􀁾􀀰􀀰􀀴􀀴􀀴􀀴􀁯􀁯􀂮􀀴􀀴􀀴􀂮􀀴􀀴􀀴􀀴􀀴􀀴􀁾 􀁾􀁾􀁀􀀵􀀵􀀵􀀵􀀵􀁀􀀵􀀵􀀵􀁀􀀵􀀵􀀵􀀵􀀵􀀵􀁡 6 6@6 6666666 6@6 6666 6(! !!®7777®®777®7777 􀀷􀀷􀁾 􀀱􀁾􀂮􀀸􀀸􀀸􀀸􀀸􀀸􀀸􀀸􀀸􀂮􀀸􀀸􀀸􀀸􀀸􀀸􀁾 9 9@99
999 9 9 9 9@9 999 9 9@
Attachment G-2 (Continued) DETERMINATION OF SUBSTANTIAL HARM Page 3 of 3 ADDITIONAL INFORIvlATION I􀁾CD • Explanations of the above referenCed· tenns can be found in Appendix C. If an
alternative fonnula to the ones contained in Attachment em is used to establish the appropriate distance to sensitive environments or drinking water intakes, documentation of the reliability
and analytical soundness of the fonnula must be attached to this form. • REMEMBER USE BLUE OR BLACK INK DO NOT FOW, STAPlE, OR MtJrllATE nilS FORM 􀁾CIt !R ..... 􀁾wo..... ... ..:".'.I
iwIi􀁾 r􀁾􀁾1 WNGmJDE (DEGREES:WES1) cIecreea min. -.:. @0 0 o 0 o 0 CD l' CD 1 I 1 1 '? I I I I I I I S S S S S S @4 4 4 4 4 4 @5 555;'i ; 6 6 6 6 6 􀁾 7 7 7 77 􀁾 8 a 8 a®􀁾 ® @9 9
9@=􀁾-® U:S)K! 5)l(S)K5 4)1(4)K4 7)1(7)(7)1('1 􀀺􀁾􀁉􀁭􀀺􀁮􀀭􀁉􀁾 Im@<! I 1 CDI 􀁾 I (1), 6l(6)/(6 LA1TIl1DE (DEGREES: NO' FACIUIY DISTANCE TO NAVIGABlE WATER: FiU the appropriate circle.
0 _ 1/4 mile 0 1/4 • 1/2 mile 0 1/2 -1 mile 0 > 1 mile 0 rQOl 􀁾rQOl 􀁾rQOl 􀁾rQOl 􀁾10 01 yes no Does the facility operation include over-water transfers· of oil to or from 􀁾􀁳 and
does the facility have a maximum capacity greater than or equal to 42,000 gallons? Does the facility lack adequate secondary containment· for each aboveground storage area sufficiently
large to contain the capacity of the 􀁾aboveground stORge tank within that storage area and IS the total storage capacity greater than or equal to one million gallons? Is the 􀁾 located at a distance· that would shut down
a public drinking water intake and is the total storage capacity greater than or equal to one miRion gallons? Within the past live years, bas the faCilitY experienced a " reportable
spill· exa'leding 10,000 g&qons and is the total storage c:apadty greater than or equal to one million gallons? Is the facility located at a distance· that could cause injury to an environmentally
sensitive area as referenced in Appendix D and is the total storage capacity greater than or equal to one miBion gallons? 􀁾 I certify under penalty of la'W dla1: I have personally exmnined
and BIn fanUUar vridl die information subnlitted in dlis dOCUlDen1:, and dla1: based on my inquiry of diose individuals responsible for obtaining inforrnation, I believe 1:ha1: 1:he
􀁳􀁵􀁾􀁭􀁩􀁴􀁴􀁥􀁤 information is true. accurate. and complete. Signature Name (please type or print) ..... fp., 􀁾(I) GIl TItle Date .... cooe......-..c
Federal Register I Vol. 58, No. 30 I. Wednesday, February 17, 1993 I Proposed Rules 8879 3.0 Definitions Navigable Waters: Navigable waters Include all waters that are used In Interstate
or foreign commerce, all Interstate waters Including wetlands, and alllntrastate waters (e.g., lakes, rivers, streams, intermittent streams. lIludflats, sandflats, wetlands sloughs,
prairie potholes, wet lIleadows, playa lakes, or natural ponds). Oil: Oil in any kind or In any form, Including, but not limited to petroleUlIl, fuel oil, sludge, 011 refuse and 011
mixed with wastes other than dredged spoil. Production Facility: Onshore 011 production facilities lIlay Include all wells, flOwlines, separation equlplIlent, storage facilities, gathering
lines, and auxiliary non-transportation-related equiplIlent and facilities in a single geographical oil or gas field operated by a single operator. Worst CaseDischarge: See section 112.2(111).
Worksheets to calculate worst case discharge volulIle are included in appendix E. Environmentally Sensitive Areas: See appendixD. Wellhead Protection Area: The surface and subsurface
area surrounding a water well or wellfield, supplying a public water systelIl, through which contaminants ara reasonably likely to lIlove toward and reach such water well or wellfield.
4.0 Acronyms ACP: Area Contingency Plan CHRIS: ChelIllcal Hazards Response Information SystelIl CWA: Clean Water Act DOT: DepartlIlent ofTransportation EPA: EnvironlIlental Protection
Agency FEMA: Federal EIIlergency ManagelIlent Agency gal: Gallons HAZMAT: Hazardous Materials LEPC: Local EIIlergency Planning CornmJ.ttee NCP: National Oil and Hazardous Substances
Pollution Contingency Plan NRC: National Response Center NRT: National Response Team OPAl 011 Pollution Act of1990 OSC: On-Scene Coordinator RA: Regional AdlIllnlstretor RCRA: Resource
Conservation and Recovery Act RRT: Regional Response Team SARA: Superfund AIIlendlIlents and Reauthorization Act SERC: State EIIlergency Response Commission SDWA: Safe Drinking Water
Act of 1986 SI: Surface IInpoundlIlent SIC: Standard Industry Codes SPCC: Spill Prevention, Control and Countermeasures usa;: United States Coast Guard 5.0 References Concawe. 1982.
Methodologies for Hazard Analysis and Risk Assessment in the Petroleum Refining and Storage Industry. Prepared by Concawe's Risk AssesslIlent Adhoc Group. U.S. DepartlIlent of Housing
and Urban DeveloplIlent. 1987. Siting ofHUD-Assisted Projects Near Hazardous Facilities: Acceptable Separation Distances from Explosive and Flammable Hazards. Prepared by the Office
ofEnvlronlIlent and Energy, EnvlronlIlental Planning Division, DepartlIlent of Housing and Urban DeveloplIlent. Washington, OC. U.S. DOT, FEMA and U.S. EPA. Handbook of ChelIlical Hazard
Analysis Procedures. U.S. DOT, FEMA and U.S. EPA. Technical Guidance for Hazards Analysis: Emergency Planning for Extremely Hazardous Substances. The National Response Team. 1987. Hazardous
Materials Emergency Planning Guide. Washington, OC. The National Response Team. 1990. Oil Spill Contingency Planning, National Status: A Report to the President. Washington, OC. U.S.
GovernlIlent Printing Office. Offshore Inspection and EnforcelIlent Division. 1988. Minerals Management Service. Offshore Inspection Program: National Potential Incident of Noncompliance
(PINC) List. Reston, VA. [FR Doc. 93-3396 Filed 2-16-93; 8:45 am) BILUNG CODE Il54IO-6O-P
Friday April 9, 1993 Part VII Environmental Protection Agency 40 CFR Part 112 011 Pollution Prevention; Correction; Proposed Rule 􀁡-􀁲􀁾---.i li1-
19030 Federal Register I Vol. 58, No. 67 I Friday, April 9, 1993 I Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 112 .[aw H-FRL 4612-7] AIN 2050-AD 30 011 Pollution Prevention;
NonTransportation-Related Onahore Facilities; Correction AGENCY: U.S. Environmental Protection Agency (EPA). ACTION: Proposed rule; corrections. SUMMARY: To ensure consistency with the
regulatory text, EPA is correcting errors in the technical appendices to the proposed rule for facility response plans required by the Oil Pollution Act (OPA) of 1990, which appeared
in the Federal R.egister on February 17, 1993. DATES: Comments on the February 17. 1993, proposed rule (58 FR 8824), as corrected by this notice, must be submitted on or before April
19. 1993. FOR FURTHER INFORMATION CONTACT: Bobbie Lively-Diebold, Response Standards and Criteria Branch, Emergency Response Division (5202G), U.S. Environmental Protection Agency, 401
M Street, SW., Washington, DC 20460 at 703-356-8774; the ERNS/SPCC Information line at 202-260-2342; or the RCRA/Superfund Hotline at 800424-9346 (in the Washington, DC metropolitan
area, 703-920-9810). The Telecommunications Device for the Deaf (TOD) Hotline number is 800-553-7672 (in the Washington, DC metropolitan area, 703--486-3323). SUPPLEMENTARY INFORMATION:
Background EPA published a proposed rule in the Federal R.egister on February 17.1993 (58 FR 8824), that would revise the Oil Pollution Prevention regulation, 40 CPR part 112, originally
promulgated under the authority of section 311(j) of the Clean Water Act. The proposed revision would incorporate new requirements added by section 4202(a) of the OPA, Public Law 101-380,
104 Stat. 484, subtitle B that directs facility owners and operators to prepare plans for responding to a worst case discharge of oil and to a substantial threat of such a discharge.
The proposed rule would affect owners and operators of nontransportation-related onshore facilities. Need for Correction The proposed rule contained minor errors that may be misleading
and should be corrected. In addition, although referenced in the preamble and regulatory text and available in the public docket, appendix H was inadvertently omitted from the proposed
rule. Correction ofPublication Accordingly. the proposed rule is corrected as follows: 1. On page 8851, in the first column, Amendment 7 which reads, "7. Part 112, as proposed to be
revised at 56 FR 54630, is amended by adding appendices C through G to read as follows:" is corrected to read as follows: "7. Part 112, as proposed to be revised at 56 FR 54630, is amended
by adding appendices C thrOllgh H to read as follows:" 2. On page 8851, in the second column, in the first full paragraph under section 2.1, the text which reads, "(1) Transportation-Related
Facilities Greater Than or Equal to 42,000 Gallons Where Operations Include Over-Water Transfer ofOil-A transportationrelated facility with a total storage capacity greater than 42,000
gallons that transfers oil over water to or from vessels must submit a response plan to EPA." is corrected to read as follows: "(1) Facilities Greater Than or Equal to 42,000 Gallons
Where Operations Include Over-Water Transfers ofOil-A facility with a total storage capacity greater than 42,000 gallons that transfers oil over water to or from vessels must submit
a response plan to EPA." 3. On page 8851, in the second column, in the second full paragraph under section 2.1, in line 8, "each" is corrected to read "any". 4. On page 8852. within
the second box down on the right side of the page that contains the substantial harm criterion for secondary containment, "each" is corrected to read "any". 5. On page 8853, in the first
column, in paragraph number "2", in line 5, "each" is corrected to read "any". 6. On page 8854, in the second column, in Table 2, under item (1); "State Department of Naval Resources"
is corrected to read "State Department of Natural Resources". 7. On page 8858, in the second column, in Attachment D-I, the entry in the first column "Areas" which reads "Habitat used
by designated or proposed endangered/threatened species or marine mammals defined as depleted" is corrected to read "Habitat used by designated or proposed endangered/threatened species
or marine mammals", 8. On page 8878, within the second question on the left side of the page that addresses the substantial harm criterion for secondary containment, "each" is corrected.to
read "any". 9, On page 8879, following appendix G, appendix H is added as follows: B1LUNG CODE lIIIO-IO-II
-􀁾 􀁾􀁾-::I. -<􀁾Ul 􀁾Z?en ...... 􀁾􀁾Ie Ie 􀁾.. !.. 13l Co 􀁾.C.D IIfo Aerale link based on prior operating hislOry • Aeslrict IiII height • Reslrict minimum melal lemperalure • Combination
ot bOlh \ Yes. Continue 10 use o Ve. 􀁾􀁕􀁳􀁥 CD Hydrotest 10 demonstrale lilness lor conlinlJed service o ® CD AUet.tions, repairs and re-conslrucllon Conlinue 10 use oNo APPENDIX H
TO PART 112 --o BRITTLE FRACTURE CONSIDERATIONS IN API STANDARD 653 I ..-􀁾 􀁃􀁯􀁮􀁴􀁩􀁮􀁾 1o Lise i·.... • Use o{see notel Tank meets API 650 (7th edi1ion or later) CD @o Change in
s9f\llce Tank does nol meet API 850 ('BJJ or other equlw.lent sland.rd Note: This does not exempt tanks from other hydrotest requirements stipulated in this standard. III
19032 Federal Register I Vol. 58, No. 67 J Friday, April 9, 1993 I Proposed Rules Authority: 33 U.S.C. 1321 and 1361; E.O. 12777 (3 CFR, 1991 Comp., p. 351). Dated: March 31, 1993. Walter
W.lCovallck, Jr., ActingAssistant Administrator. [FR Doc. 93-8393 Filed 4-8-93: 8:45 am) IlLUNG CODe IIIO-IO-fI
&EPAUnited StatesEnvironmental Protection Agency(5202G)Washington, DC 20460 Official Business Penalty for Private Use $300
"'r 􀁾􀁬􀁊􀁾 .le.) (J,)l1) . . 􀁾􀁬􀁶􀁉􀁒􀁏􀁎􀁍􀁅􀁎􀁔􀁁􀁌 PROTECTION AGENCY REGULATIONS ON OIL POLLUTION PREVENTION 5-314 131:0931 (40 CFR 112; 38 FR 34164, December 11, 1973; Amended
by 39 FR 31602, August 29, 1974; 41 FR 12657, March 26, 1976) For the purposes of this part: (a) "Oil" means oil of any kind orin 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, pumping, pouring, emitting, emptying
or dumping. For purposes of this part, the term ·"discharge" shall not include any discharge of oil which is authorized by a permit issued pursuant to Section 13 of the River and Harbor
Act of 1899 (30 Stat. 1121, 33 U.S.C. 407), or Sections 402 or 405· of the FWPCA Amendments of 1972 (86 Stat. 816 et seq., 33 U.S.C. 1251 et seq,). -4c) "Onshore facility" means any
facility of any kind loc.ated 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 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: (6) "Owner or operator". means
any person owning. or operating an onshore f.acility or an offshore facility. and in the case of any abandoned offshore faCility, the person who owned or operated such facility immediately
prior to such abandonment. (0 "Person" includes an individual, firm, corporation. association, .and a. partnership. . (g) "Regional Administrator", means the Regional Administrator of
the Enilironmental 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 defined in the Memorandum of Understanding between the Secretary· of Transportation and the Administrator of the Environmental Protection Agency,
dated November 24, 1971, 36 FR 24080. . (i) "Spill event" means a discharge of oil into or upon the navigable waters of the United States or adjoining shorelines in harmful quantities,
as defined at 40 CFR Part 110. (j) "United States" means the States, the District of Columbia, the COnmIonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands,
.and .the Trust Territory of the Pacific Islands. (k) The term "navigable waters..··of the United States means "navigable waters" as defined in section 502(7) of the FWPCA, and includes:
(1) all navigable waters of the United States, as defined in judicial decisions prior to passB,ge of the 1972 Amendments to the FWPCA· (Pub. L. 92-500), and tributaries of such waters;
(2) intersj;ate waters; (3) intrastate. lakes, rivers, and streaIns which are utilized by interstate travelers for recreational or other purposes; and. (4) intrastate . lakes, nvers,
and streaIns from. which fish or shellfish are taken and sold in interstate commerce. (1) "Vessel" means every description of watercraft or other artifici'al contriv-§ 112.2 Definitions.
PART 112--oIL POLLUTION PREVENTION (B) equipment or operations of vessels or transportation-related onshore and Non-transportation Related Onshore and offshore facilities' which are
subject to Offshore· Facilities authority and control of the Departwem AUTHORITY: Sees. 311 (j) (1) (C), 311 (j) (2). • of .Transj;lortation. as .deftnea in tile 501(0.), Federal Water
Po!lutlon Control Aot . Memorandum ot understanding between (Sec. 2, Pub. L. 92-500, 86 Sta.t. 816 et seq. the Secretary of Transportation and the (33 U.S.C. 1251 et seq.»; Sec. 4(b),
Pub.. L. Ad . . t 92-500, 86 Stat. 897; 5 U.S.C. Reorg. Plan of mmistrator of the Envlronmen al Pro1970 No.3 (1970),35 FR 15623,3 CFR 1966-· tection Agency, dated November 24,1971. 1970
Comp.; E.O. 11735. 38 FR 21243. 3 CFR. 36 FR 24000. (2) those facilities which, although § 112.1 General applicability. otherwise subject to the jurisdiction of (a) This part establishes
procedures, the Environmental Protection Agency, methods and equipment and other re-meet both of the following requirements: quirements for equipment to prevent the (A) the 􀁵􀁮􀁤􀁥􀁲􀁲􀁴􀁲􀁾􀁤
buried storage discharge of oil from non-transporta"-capaCIty ot the facility IS 42,006 gMaM tion-related onshore and offshore 􀁦􀁡􀁣􀁩􀁬􀁩􀁾 Of 􀁾􀁳 􀀲􀂣􀁾􀁬􀁪􀀺􀁊􀁕􀁗 ties into or
upon the navigable waters of <@iHt s£8rage capacity, which 15 not the United States or adjoining shore-""".!!!lWftli·􀁾􀁤􀀬􀀮􀁯􀁦 the facility is 1 lines. e i no i c amer (b) Except
as provided in paragraph a capaCI y m excess 0 IIRliIoia.."'iii. 􀁾􀁦 this section, this part applies to· 141 Pk 12GG;, March 26,1976] 􀁾 ""'l'rW'ilers or operators of non-trans)2orta-(e)
This part provides for the prepara-".1' --tion-related onshore and ogs!!ore 􀁬􀂥􀁈􀁾􀀬 tion and implementation of Spill Pre--F -tIes engaged M drnmra, PIJI'l'UCll'I.g, 􀁾􀁬􀁴􀁭􀀭 vEmtion··
Control and Countermeasure ering, storing, processing, refining, Plans· prepared in accordance with transfeITing, distributing or' consuming § 112.7, designed to cvmplement existing
oil and oil products, and which, due to laws, regulations, rules, standards, politheir location,could reasonably be ex-cies and procedures pertaining to safety pected to discharge oil
in harmful quan-standards, fire prevention and pollution tities, as defined iIi Part 110 of this chap-prevention rules, so as to forma compreter, into or uPOn the navigable waters of
hensive balanced Federal/State spill pre,. the United States or adjoining shorelines. vention program, to minimize the poten-(c) As provided in sec. 313 (86 stat. tial for oil discharges.
Compliance with 875) departments, agencies, and instru-this part does not in any way relieve the mentalities ·of the Federal government owner or ·operator of an onshore or an are subject
to these regulations to the offshore facility from compliance witll same extent as any person, except for the other Federal, State or local laws. . provisions of § 112.6. (d) This part
does not apply to: (1) Facilities, equipment or operations which are not subject to the jurisdiction of the 􀁅􀁉􀀩􀀮􀁶􀁦􀂥􀁯􀁮􀁭􀁥􀁮􀁴􀁾􀀱Protection Agency, as· fOllows:· . 􀁾􀁁􀀩 .orishore
and offshore facilities, .WW.ch,"mIe J;Q tbP1j;JWptiOll, could not reasonablf1li 􀁥􀁸􀁭􀁩􀁾􀁾􀁧􀁾􀁾 dlscharge oil mto_ or YR,0n the wjl;;;;;ifl waters of .. !!!4 iipitp'[: states .or
adjoining shorelines. ·This determination shall be based solely upon a consideration of the geographical, locational· aspects of the facility (such as proximity to navigable waters or
adjoining shorelines, land contour, drain:tge, etc,) and shall exclude consideration of manmade features such as dikes, equipment or other structures which may serve to restrain, hinder,
COD" tain, or otherwise prevent a discharge oz oU from reachIng naYigable waters of the United States or adjoining· shorelines; and 8-27-76 Copyright © 1976 by The Bureau of National
Affairs, Inc. [Sec. 112.2(1)1 61
131:0932 ance used. or capable of being used as a means of transpOrtation on water, other than a public vessel. § 112.3 Requirements for preparation and implementation of Spill Prevention
Control and Countermeasure Plans. (a) Owners or operators of onshore and offshore facilities in operation on or before the effective date of this part that have discharged 'or; due to
their location, could reasonably be expected to discharge oil in' harmful quantities, as defined in 40 CFR part·110, into or upon the navigable waters of the United States or adj oining'
shorelines, shall prepare a Spill Prevention Control and Countermeasure Plan (hereinafter "SPCC Plan") , in writing and ih accordance with section 112.7. Except as provided for in paragraph
(f) of this section, such SPCC Plan shall be prepared within six months after the effective date of this .part and shall be fully implemented as soon as possible, but not later than
one yea·r after the effective date of this part. . [41 FR 12657, March 26,1976] (b) Owners or operators of onshore and offshore facilities that become op'erational after the 􀁥􀁦􀁦􀁾􀁣􀁴􀁩􀁶􀁥
date of this part, and that have discharged or could reasonably be expected to discharge oil in harmful quantities, as defined in 40 CFR Part no. into or upon the navigable waters of
the United States or adjoining shorelines, shall prepare an SPCC Plan in accordance with § 112.7; Except as provided for in paragraph (f) of this sec-. tion, such SPCC Plan shall be
prepared Within six months after the date such fa-eility begins operations and shall be fUlly implemented as soon as possible, but not later than one year after such facility begins
operations. . . (c) Owners or operators of onshore and offshore mobile or portable facilities, such as onshore drilling or workover rigs, barge mounted offshore driIling or workGver
rigs, and portable fueling facilities shall prepare and implement an SPCC Plan as required by paragraphs (a), (b) and (d) of this section. 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 section 112.7, 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 SPCC Plan for the facility. No mobil:) or portable
facility subject to' this regulation shall operate unless the SPCC Plan has been implemented. Tho SPCC Plan shall only apply while the facility is in a fixed mon-transportation) operating
mode. . [41 FR 12657, March 26,1976] (d) No SPCC Plan shall be effective to satisfy the requirements of this part unless it ·has been reyiewed bya Registered Professional Engineer and
eert1;. JiedtobY' 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 relieve the owner or operator of an onshore or offshore facility
of his duty to prepare !tnd fUlly implement such Plan in accordance with § II2.7, 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 paragraphs (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
normalworlting hours. ([) Extensions of time. (1) The Regional Administrator may authorize an extension of time' for the preparation and fUll implementation of an SPCC Plan beyond the
time permitted for the preparation and implementation of an SPCC'Plan pursuant to paragraphs (a), (b) or (c) of this section where he :finds that' the owner or operator of a facility
subject to paragraphs (a), (b) or (c) of this section cannot fUlly comply with the requirements of this' part as a result of either nonavailability of qualified personnel, or delays
in con,. struction or equipment delivery beyo.Ild 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 complete copy of the
SPCC Plan, if completed; '.' . (ii) A fUll explanation of the cause for any such delay and the specific aspects of the SPCC Plan affected by the delay; (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' his letter of request. (3) The. submission of a letter or request for extension of time pm'suant to paragraph (f) (2) of this section
shaiI in no way relieve the owner or operator from his obllgation to comply with the requirements of § 112.3 (a), (b) or (c). Where an extension of time is authorized by the Regional
Administrator for particUlar equipment or other specific aspects of the SPCC Plan, such extension shall in no way affect the owner's or operator's obligation to' comply with the requirements
of § II2.3 (a), (b) or (c) with respect to other equipment or other specific aspects of, the SPCC Plan' for which an extension of time has not been expressly authorized. FEDERAL REGULATIONS
§ 112.4 􀁁􀁭􀁾􀁮􀁤􀁭􀁥􀁮􀁴 of SPCC Plans by Regional Adminislrator. (a) Notwithstanding compliance with § 112.3, whenever a facility subject to § 112.3 (a), (b) or (c) has; Discharged':
more than 1,000 U.S. gallons of oll into or upon the navigable waters of the "United States or adjoining shorelines in a single spill event, or discharged oil in harmful quantities,
as defined in 40 CPR Part 110, into or upon the navigable waters of the United States or adjoining shorelilles jn two spill events. reportable under section 31I<b) (5) of the FWPCA,
occurring within any twelve month period, the owner or operator of such fa,. cility shall submit to the Regional Administrator, within 60 days from the time such facility becomes sUbj,ect
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) Date and year of initial facility
operation; (5) Maximum storage or handling capacityof the faclIity and normal daily throughput; . (6) Description of the facility, includ.. ing maps, flow diagrams, and topographicalmaps;
(7) A complete copy of the SPCC Plan with any amendments; (8) The cause(s) of such spilI, including a failure analysis of system or subsystem in which the failure occurred; (9) The corrective
actiOns and/or countermeasures taken. including an adequate' description of equipment .repairs and/or replacements; . (0) Additional preventive measures. taken or contemplated to minimize
the possibility of recurrence; (11) 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 an SPCC Plan pursuant to § 112.3 (a), (b), (c) and (f). (c) A complete copy of all information provided
to the Regional Administrator 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 Information such State agency mayeonduct 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 alI 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 owner or operator of such facility to amend the SPCC Plan if he finds that the Plan does not meet the requirements of
this part or that the amendment of the Plan is neces--\ Environment Reporter [Sec. 112.4(dll 62
OIL POLLUTION PREVENTION sary to prevent and'to contain discharges of oil from such facility. ....􀁾 . (e) When the Regional Administral.· 'tor proposes to require an.amendment to ,
the SPeC Plan, he shall notify the fa-I cility operator by certified mail addressed to, or by personal delivery to, the facility owner or operator, that he proposes to require an amendment
to the Plan, and .. shall specify the terms of such amend-'c.· ment. If the facility owner or operator is a corporation, a copy of' such notice shall also be mailed to the registered
agent, if any, of 'such corporation in the State where such facility is located. Within 30 dayS from receipt· of such notice., the facility owner or operator may submit written information,
views, and arguments on the amendment. After considering all relevant material presented, the Regional Administrator shall notifY the facility owner or operator of any amendment required
or shall rescind the notice. The amendment required by the 􀁒􀁾􀁧􀁩􀁯􀁮􀁡􀁬 Administrat;or shall become. part of the Plan 30 days after such .notice,unless the Regional Administra.tor,
for good cause, shall specify another effective date. The owner or operator of the facility shall imple-.ment 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' o:wner or operator may appeal a. decision made by the Regional Administrator
requiring an amendment to· an SPCC Plan. The:appeal shall be·made to the Administrator of the United States Environmental Protection .Agency 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 mUl\t be sent to the Regional Administrator at the time the appeal
is made. The appeal shall contain a clear arid concise statement of the issues and points of fact in the case. It .may also contain additional information from the owner or operator,
or from any other person. The Administrator or;:. his designee may request additional information from the owner or operator, or from any other person. The Administrator or his designee
shall render a deciSion within 60 days of receiving the appeal and shall notify the owner or operator of his decision. [41 FR 12657, March 26,1976] § 112.5 Amenmnent -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 for such facility in accordance with § 112.7' whenever there is a change in facility design, con 􀁳􀁴􀁾􀁣􀁴􀁩􀁯􀁮􀀬􀀧 operation
or maintenance which materially affects the facility's potential for the discharge of oil into or upon the navigable waters of the United states or adjoining shorelines. Such amendments
shall be fully implemented as soon as possible, but not later than six months after such change occurs. (b) NotWithstanding compliance with paragraph (a;) of this Section, owners and
operators. of facilities subject to § 112.3 (a), (b) or (c) shall complete a review and evaluation of the SPCC Plan at least once every three years from the date such facility becomes
subject to this part. Asa result of this review and evaluation, the owner or operator shall amend the SPCC Plan within six months of the reView to include more effective prevention and
control technology if: (1) Such technology will significantly reduce the likelihood of a spill event from the facility, and (2) if such technology has been field-proven at the time of
the review. (c) No amendment to an SPCC Plan shall be effective to satisfy the requirements of this section unless it has been certified by a Professional Engineer in accordance with
§ f12.3 (d) . § 112.6 Civil penalties for violation of Oil Pollution Prevention Regulations. Owners or operators of facilities subject to § 112.3 (a), (b) or (c) who violate, the requirements
of this Part 112 by; failing -1' refusing to comply with any of the provisions of § 112:3, § § 112.4 or § 112.5 shall be lia.ble for a civil penalty Qf not more' than $5,000 for each
day such violation continues. Civfi penalties shall be imposed. in accordance with procedures set out in Part 114 of this subchapter D. § 112.7 Guidelines 'Cor the preparation and implementation
oC a Spill Prevention Control and Countermeasure Plan. .The SPCC Plan shall be a carefully thought-out plan, prepared in accordance with good· 􀁾􀁧􀁩􀁮􀁥􀁥􀁲􀁩􀁮􀁧 practices, and which
has tlie full approval of management at a level with authority to commit the necessary resources. If the plan calls for additional facilities or procedures, methods, or equipment not
yet fully operational, these items should be discussed in separate paragraphs, .and the details of installation and operational start-up should be explained separatelY. The 􀁣􀁯􀁭􀁰􀁬􀁥􀁴􀁾􀀮SPCC
Plan shall follow the sequence outlined below, and include a discussion 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 description 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, rupture, or leakage), the plan should include 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 reaching a navigable water course should be provided. One of the following preventive 5-314 131:0933 systems or its equivalent should be used
as a minimum: (1) Onshore facilities. (i) Dikes, berms or retaimng wallIs sufficiently impervious to contain spilled oil(i1) Curbing (iii)' Culverting, gutters or other drainage systems
(iv) Weirs, booms or other barriers (v) Spill diversion ponds (vi) Retention ponds (vii) Sorbent materials (2) Offshore facilities. m 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 discharged oU from reaching the navigable waters is not practicabjle from any
onshore or offshore facility, the owner or operator should clearly demonstrate such impracticability and provide the following:. (1) .A strong oil spill contingency plan following the
provision of 40 CFR Part 109. (2) A Written commitment of manpower, equipment. and materials required to· expeditiously control and remove any harmful quantity of oU discharged. (e)
In addition to the minlmall prevention standards listed under § 112.7 . (c), sections of the Plan should include a complete discussion of conformance with the foiIowing applicable guidelines,
other effective spill prevention and containment 'procedures' (or, if more stringent, with state rules, regulations and guidelines) :. (1) Facility drainage (onshore); onshore); (excluding
production facilities).• (i) Drainage from diked storage areas shoulld be restrained by valves or other positive means to prevent a spill or other excessive leakage of oU into the drainage
system or inplant effluent treatment system, except where plan Systems are designed to handle such: leakage. Diked areas may be emptied by pumps or ejectors; however, these should be
manually activated and the condition of the accumulatiOn should be examined before starting to be sure no oil will be discharged into the water. (iiY 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",closed design. When plant drainage drains directly
.into water courses and not into wastewater treatment plants, retained storm water should be inspected as provided in paragraph (e) (2) (iii) (B, Cand D) before drainage. (iil) Plant
drainage Systems from undiked 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 drainase is not engineered as above, the final discharge of all in-plant ditches should be equipped with a diversion
system that could, in 8-27-76 Copyright © 1976 by The Bureau of Notional Affairs, Inc. [Sec. 112.7(ell1)(ivl] 63
.r) 131:0934 the event of an uncontrolled spill, return the oil to the plant. -(v) Where drainage waters are treated 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 permanently installed when such treatment is continuous. In any event,
􀁾􀁨􀁡􀁴􀁥􀁶􀁥􀁲 techniques are used facility drainage systems should be adequatelY engineered to prevent oil from reaching navigable waters in the event of equipment failure or human
error at the facility. (2) Bulk storage tanks (onshore) ; (excluding production facilities). WNo 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. (ii) All bulk storage tank installations should be constructed so that a secondary means of
containment is provided for the entire contents of the largest single tank plus sufficient freeboard to allow for precipitation. Diked areas should be sufficiently impervious to contain
spilled , 011. Dikes, containment curbs, and pits are commonly employed for this purpose, but they may not always be appropriate. An alternative 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. ,(iii) Drainage of rainwater from the diked area into
a storm drain or an effluent 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 applicable :water quality standards and will not cause a harmful discharge ,as defined in 40
CFR 110. (C) The bypaSs valve is opened, and resealed following drainage under'responsible 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 coatings, cathodic protection or other effective 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 avoided,
unless the buried section of the shell is Rdequately coated, since partial burial in damp earth can cause rapid con'osion of metallic sUrfaces, especially at the earth/airinterface.
(vi) Aboveground tanks should be subject to periodic integrity testing, taking into account tank design (floating roof, etc.> and using such techniques as hydrostatic testing, visual
inspection or a system of non-destructive shell thickness testing. Comparison records should' be kept where app,ropriate, and tank supports and foundations should be included in these
inspections. In addition, the outside of the tank should frequently be observed by operating personnel for signs of deterioration, leaks Wh1ch might cause a sp1ll, or accumulation of
oil inside diked areas. (vii) To control leakage through defective internal heating coils, the following factors should 'b,e considered and atlIll'ied. as appropriate; (A) The steam
return or exhaust lines from internal heating coils which discharge into an open water course should be monitored for contamination, 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. (viii) 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 providing one or more of the following devices: (A) 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. (B) Considering size'and
complexity of the facility, high liquid level pump cutoff devices set to stop flow at a predetermined tank content level. (C) Direct audible or code signal communication between the
tank gauger and the pumping station. (D) 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. (E) Liquid level sensing devices should be regularly tested to insure propel' operation. (ix) Plant effluents which are discharged into' navigable waters, should
have disposal facilities observed frequently 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 hi!. diked areas should be promptly corrected. (xi) Mobile or portable oil storage tanks (onshore)
should be, positioned. or located so as to prevent spilled 011 from reaching navigable waters. A secondary means of containment, such as dikes or catchment basins, should' be furnished
for the largest single compartment 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 (onshore); (excluding production facilities). (i) Buried piping ipstallations 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 examined for deterioration. If corrosion damage is found, additional examination
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. (jj) 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. (iii) Pipe supports
should be properly designed to minimize abrasion and corrosion 'lindlillow for exoansion and contraction. ' Environment Reporter FEDERAL REGULATIONS (iv) All aboveground valves and pipelines
should be subjected to regular examinations by operating personnel 'at which time the general, condition of 􀁾 items, such as flange joints, expansion,.., joints, valve glands and bodies,
catch '-, pans, pipeline supports, locking of valves, and metal surfaces should be assessed. In addition; periodic pressure testing may be warranted for piping in areas where facility
drainage is such that 'a failure might lead to a spill event. (v) Vehicular traffic granted entry into the facility shOUld be warned verbally 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/unloading
procedures shOUld meet the minimum requirements and regulation established by the Department of Transportation, (ii)' Where rack area drainage does not flow into a 'catchment basin or
treatment facility designed to handle spilis, a quick drainage system should be used for' tank truck loading and unloading areas. The containment system should be designed to hold at
least maximum capacJty of any single compartment of a tank car or tank truck loaded or unloaded in, the plant. (iii) An interlocked' warning light or physical barrier system, or warning
signs, should be provided in loading/unloading areas to prevent vehicular de'parture before complete disconnect of' flexible or fixed transfer lines. (Iv) p'rior to' filling and departure
of any tank car or tank truck" the lowermost drain and all outlets of such, vehicles should be closely examined for leakage, and if necessary, tightened, adjousted, or replaced to prevent
liquid leakage while in transit. (5) bilProductio-nfiicilities (onshore), (i) Definition. An onshore production facility may include all wells, flowlines, separation equipment, storage
facilities, gathering lines, and auxiliary non-trans 􀁰􀁯􀁲􀁴􀁡􀁴􀁩􀁯􀁮􀁾􀁲􀁥􀁬􀁡􀁴􀁥􀁤equipment and facilities in a single geographical oil or gas field operated by a single operator.
(ii) Oil production faCility (onshore) drainage. (A) At tank batteries and cen-' tral treating stations where an accidental discharge, of oil would have a reasonable poSsibility of reaching
navigable waters. the dikes or equivalent required under § 112.7(c) (1) should have drains closed and sealed at all times except when rainwater is being drained. Prior to drainage, the
diked area should be inspected as' provided in paragraph (e) (2) (iii) (B); C), and (D). Accumula"ted oil on the rainwater should be picked up and returned to storage or disposed of
in accordance with approved methods. ' ' ,(B) Field drainage ditches, road ditches, and oil traps, sumps ot skimmers, if such exist, should be inspected at regularly scheduled intervals
for accumulation of oil that may have escaped from small leaks. Any such, accumulations should be removed. (iii) Oil production facility (onshore) bulk storage tanlCs. (A) No tank should
be used' for the storage of oil unIe::;s' its material and construction are compatible with the material stored and the conditions of storage, [Sec. 112.7(e)(5)(iiill 64
) 01 L POLLUTION PREVENTION (B) All tank battery and central treat-(7) Oil driUing, production, or working plant installations should be provided over facilities (offshore). (i) Definition:
with a. secondary means of containment "An oil drilling, produ(:tion 'or workover for the entire contents of the largest sin-facility (offshore) II may include all drillgle tank if feasible,
or alternate Systems ing or workover equipment, wells, flowsuch as those outlined in § 112.7(c) (1). lines, gathering lines, platforms, and Drainage from undiked areas should be auxiliary
nontransportation -related safely confined in a catchment basin or equipment and facilities in a single geoholding pond. graphical oil or gas field operated by a (C) All tanks containing
oil should be single operator. visually examined by a competent per-(ii) Oil drainage collection equipment son for condition and need for mainte-should be used to prevent and control
nance on a scheduled periodic basis. small oil spillage around pumps, glands, Such examination should include the valves, flanges. expansion joints, hoses, foundation and supports of
tanks that drain lines, separators, treaters, tanks, are above the surface of the ground. and allied equipment. Drains on the (D) New and old tank battery installa-facility should be'
controlled and directed tions should, as far as practical, be fail-toward a central collection sump or safe engineered or updated into a fail-equivalent collection system sufficient
to safe engineered installation to prevent prevent discharges of oil into the navigaspills. Consideration should be given to ble waters of the United states. Where one or more of the
following: drains and sumps are not practicable (1) Adequate tank capacity to assure oil contained in collection equipment that a tank will not overfill should a should be removed as
often as necessary pumper/gauger be delaYed in making his to prevent overflow. regular rounds. (iii) For facilities employing a sump (2) Overflow equalizing lines between system, sump
and drains should be adetanks so that a full tank can overflow to quately sized and a spare pump or equivan adjacent tank. alent method should be available to (3) Adequate vacuum protection
to remove liquid from the sump and assure prevent tank collapse during a pipeline that oil does not escape. A regular schedrun. uled preventive maintenance inspection (4) High level
sensors to generate and and testing program should be employed transmit an alarm signal to the computer to assure reliable operation of the liquid Where facilities are a part of a computer
removal system and pump start-up de'production control system. vice. Redundant automatic sump pumps (iv) Facility transfer operations; oil and control devices may be required on production
facility (onshore). (A) All some installations. above ground valves and pipelines should (iV) In areas where separators and be examined periodically on a scheduled treaters are equipped
with dump valves basis for general condition of items such whose predominant mode of failure is in as flange joints, valve glands and bodies, the closed position and pollution risk is
drip pans, pipeline supports, pumping high, the facility should be specially well polish rod stuffing boxes, bleeder and equipped to prevent the escape of oil. gauge valves. This could
be accomplished by extending (B) Salt water (oil field brine) dis-the flare line to a diked area if the sepaposal facilities should be examined often, rator is near shore. equipping
it with a particularly following a sudden change in high liquid level sensor that will autoatmospheric temperature to detect pos-matically shut-in wells producing to the sible system
upsets that could cause an separator,' parallel redundant dump oil discharge. , valves, or other feasible alternatives to (C) Production facilities should have', prevent oil discharges.
a. program of flowline maintenance to (v) Atmospheric storage or surge tanks prevent spills from this source. The pro-should be 􀁾􀁵􀁩􀁰􀁰􀁥􀁤 with high liquid level gram should include
periodic examina-sensing devices or other acceptable 0.1tions, corrosion protection, flowline re-ternatives to prevent oil discharges. placement. and adequate records. as ap-(vi) Pressure
tanks should be equipped propriate, for the individual facility. with high and low pressure sensing de-(6) Oil drming and workover facilities vices to activate an alarm and/or cdn(onshore)
(i) Mobile drilling or workover trol the flow or other acceptable alternaequipment should be positioned or 10-tives to prevent oil discharges. cated &0 as to prevent spilled oil from
(vii) Tanks should be equipped with reaching navigable waters. suitable corrosion protection. (ii) Depending on the location, catch-, (viii) A written procedure for inspectment basins
or diversion structures may ing and testing pollution prevention be necessary to intercept and contain equipment and systems should be prespills of fuel. crude oil, or, oily drilling
pared and maintained at the facility. fluids. Such procedures should be included as (iii) Before drilling below any casing part of the SPCC Plan. string or during workover operations
a (ix) Testing and inspection of the polblowout prevention (BOP) assembly 􀁡􀁾􀁤 lution prevention equipment and SysteIns well control system should be installed at the facility should
be conducted by the that is capable of controlling any well owner or operator on a scheduled perihead pressure 􀁾􀁨􀁡􀁴 is expected to 􀁾􀁥 odic basis commensurate with the comencountered
while that BOP assembly IS . . . on the well. Oasing and BOP installations plexlty, conditIOns and circumstances of should be in accordance with state reg-the facility or other appropriate
regulaulatory agency requirements. tions. S -181 131 :0935 (x) Surface and subsurface well shutin valves and devices in use at the facility should be sufficiently described to determine
method of activation or control, e.g., pressure differential, change in fluid or flow conditions, combination of pressure and flow, manual or remote control mechanislDS. Detailed records
for each well, while, not necessarily part of the plan should be kept by the owner or operator. (xi) Before drilling below any casing string, and during workover opera.tions a blowout
preventer (BOP) assembly and well control 'system should be installed tl;1at is capable of controlling any wellhead pressure that is expected to be encountered while that BOP assembly
is on the well. Casing and BOP installations should be in accordance with State regulatory agency requirements. (xii) Extraordinary well control measures should be provided shoUld emergency'
conditions, inclUding fire, loss of control and other abnormal conditions, occur. 'The degree of controlsystem redundancy should vary with hazard exposure and probable consequences of
f.ailure. It is recommended that surface shut-in systelDS 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 required by applicable state regulations. (xiii) In order that there will be no misunderstanding of joint and separate 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 include servicing
a well or systems appurtenant to a well or pressure vessel. Such instructions and procedures should be maintained at the offshore production facility. Under certain circwnstances and
conditions such contractor activities may require the presence at the facility of an authorized representative of the owner or operator who would intervene when necessary to prevent
a spill event. (xiv) All manifolds (headers) should be equipped with check valves on individual :flowlines. (xv) If the, shut-in well pressure is greater than the working pressure of
the flowline and manifold valves up to and including the header valves associated with that individual flOWline, the flowline should be equipped with a high pressure sensing device and'
shutin valve at the wellhead unless provided with a pressure relief system to prevent over pressuring., ' (xvi) All pipelines appurtenant to the facility should be protected from corrosion.Methods
used, such as protective coatings or cathodic protection. should be discussed. ' (xvii) Sub-marine pipelines appurtenant to the facility should be adequately protected against environmental
stresses and other activities such as fishing operations. (xviii) Sub-marine pipelines appurtenant to the facility shoult! be in good Copyri ght © 1973 by The Bureau of National Affai
rs, Inc. 19
131:0936 operating condition at all times and inspected on a scheduled periodic basis for failures. Such inspections should be documented and maintained at the facility. (8) Inspections
and records. Inspections required by this part should be in accordance with written procedures developed for the facility by the owner or operator. These written procedures and a record
of the inspections, signed by the appropriate supervisor or inspector. should be made part of the spec Plan and maintained for a period of three years. (9) Security (excluding oil production
facilities). (1) All plants handling, 􀁰􀁲􀁯􀁣􀁾 essing. 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 unattended. (ii) The master ftow and drain valves and any other valves that" will permit direct outward ftow of the tank's content to the surface should be securely locked in the
closed position when in non-operating or non-standby status. (iii) The starter control on all oil pumps should be locked in the "off" position or located at a site accessible only to
authorized personnel when the pumps are in a non-operating or nonstandby status. (iv) The "loading/unloading connec-, tions of oil pipelines should be securely caPped or blank-flanged
when not in service or standby seIWice for an extended time.. This security practice should also apply ,to pipelines that are emptied of liquid content either by draining or by inert
gas pressure. (v) Facility lighting should be commensurate with the type and location of the facility. Consideration should be given to: (A) 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 (B) prevention of spills occurring through acts of vandalism.
(0) Personnel, training and spill prevention procedures. (i) Owners or operators are responsible for properly instructing their personnel in the operation and maintenance of equipment
to prevent the discharges of oil and applicable pollution control laws, rules and regulations. (11) Each appliCaible facility should have a designated person who is 􀁡􀁣􀁣􀁯􀁵􀁮􀁾 able
for 011 spill prevention and who reports to line management. (iii) Owners or operators should schedule and conduct spill prevention briefings for their operating personnel at intervals
frequent enough to assure adequate understanding of the SPCC Plan for that facility. Such briefings should highlight and describe known spill events or failures, malfunctioning components,
and recently developed precautionary measures. ,ApPENDIX Memorandum of Understanding between the Secretary of Transportation and the Administrator of the Environmental Protection Agency.
SECTION II-DEFINITIONS The Envirorunental Protection Agency and the Department of Transportation agree tha.t for the purposes of Executive Order 11548, the term: (1) "Non-transportation-related
onshore and offshore fac1l1tles" means: (A) Fixed onshore and offshore oil well drill1ng facilities including all equipment and appurtenances related thereto used in drUling operations
for exploratory or develop-. ment wells, but exCl1udlng any terminal facility, unit or process integrallY associated with the handling or trlj,nsferring of oil in bulk to or from a vessel.
(B) Moblle onshore and offshore 011 wen drilling platforms, barges, truCks, or other mobl1e facll1ties including all equipment and appurtenances related thereto when such mobl1e facilities
are fixed in position for the purpOse of drilllng operations for exploratory or development wells, but excluding any terminal fac1l1ty, unit or process integrally associated with'the
handling or transferring of oil in bulk to or from a vessel. ' (0) Fixed onshore and offshore 011 production structures, platforms, derricks, and rigs including all equipment and appurtenances
related thereto, as well as completed wells and the wellhead separators, oil separators, and storage facilities used in the production of oil, but excluding any terminal facility, unit
or process integrally associated with the handling or transferring of oil' in bulk to or from a vessel. (D) Mobile onshore and offshore oil production facilities inclUding all equipment
and appurtenances related thereto as well as completed wells and wellhead equipment, piping from wellhead& to oil separators, 011 separators, and storage facilities used In the production
of oil when such mobl1e facUitiesare fuCed in position for the purpose of 011 production operations, but excluding any terminal facility, unit or process integrally associated with the handling or transferring of '011
in bulk to or from a veasel. (E) 011 refining facilities including all equipment and appurtenances related thereto as well as in-plant processing units, storage units, piping, dradnage
systems and waste treatment units used in the refining of oil, but excluding any terminal fac1ltty, unit or process integrally associated with the handling or transferring of oil in
bulk to or from a vessel. (F) 011 storage facilities including all equipment and, appurtenances related thereto as well as fixed bulk plant storage, terminal oil storage facilities,
conswner storage. pumps and drainage systems USed in the storage of 011, but exclUding inline or breakout storage tanks needed for the continuous operation of a' pl.peline system and
any terminal fac1l1ty, unit or process in,tegraJly associated with the handling or transferring Of oil in bUlk to or from a vessel. Envi ronment Reporter FEDERAL REGULATIONS (G) Industrial.
commercial, agriCUltural or public faciUties which use and store oil, but excluding any terminal fac1l1ty, unit or process integrally associated with the handling or transferring of
oil in bulk to or from a vessel. (H) Waste treatment fac1l1ties 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 ol1y ballast water or tank washings from vessels and associated systems used for off-loading vessels. (I)
Loading racks, transfer hoses, loading arms and other equipment which are appurtenant to a nontransportation-related facl1lty or terminal facility and which are used to transfer oil
in bulk to or from highway vehicles or railroad cars. (J) Highway vehicles and rallroad cars which are used for the, transport of 011 exclusively within the confines of a nontransp'ortation-related
fac1l1ty and which are not Intended to transport. oil in interstate or intrastate commerce. (K) Pipeline systems which are used for the transport of 011 exclusively within the confines
of a nontransportatlon-related facilityor terminal fac1l1ty and which are not intended to, transport oil in interstate or intrastate commerce, but excluding pipeline systexns used to
transfer oil in bulk to or from a vessel. ' (2) "transportation-related onshore and offshore facilities" means: (A) Onshore and offshore terminal facilities inclUding transfer hoses,
loading arms and other equipment and appurtenances used 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 arid terminal 011 storage fac1l1ties. (B) Transfer hoses, loading
arms and other equipment appurtenant to a nontra.nsportatlon-related fac1l1ty which is used to transfer oil in bulk to or from a vessel. (0) Interstate and intrastate onshore and offshore
pipeline systems inciuding 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 a.nd pipelines which are used for the transport of oil
eX'Clusively Within the confines of a nontransportationrelated 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 rightsof-way on which they operate. Excluded are highway vehicles and railroad cars and mQtive
power used exclusively within the confines of a nontransportation-related facility or tenninaJ facility and which are not 􀁩􀁮􀁾 tended for use in interstate or intrastate commerce.
20 \ ' 􀁾 ,
,. PART 11()..-;DISCHARGE OF OIL Sec. 110.1 Definitions. 110.2 Applicability. 110.3 Discharge Into navigable waters harmful. 110.4 Discharge Into contiguous zone harmful. 110.5 Discharge
prohibited. 110.6 Exception for vessel engines. 110.7 Dispersants. 110.8 Demonstration projects. 110.9 Notice. AtlTHOIUTT: The provlslons of this Part 110 Issued under sec. 11 (b) (3),
as amended. 84 Stat. 92; 33 U.s.C. 1161. § 110.1 Definitions. As used in this part, the following terms shall have the meaning indicated below: (a) "OU" means oil of any kind orin any
form, including, but not limited to, petroleum. fuel oil, sludge, 011 refuse, oil mixed with ballast or bilge, anc oU mixed with wastes other than dredged spoil; (b) "Discharge'" includes,
but is not limited to, any spilling,leaking, pumping, pouring, emitting. emptying or dumping; (c) "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 p11blic vessel; (d) "Public vessel" means a vessel owned or bare-boat chartered and opera.ted by the United
States, or by a State or political subdivision thereof. or by a foreign nation, except when such vessel is engaged in commerce; (e) "United States" means tIle States, the District of
Columbia. the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa. the Virgin Islands, and the Trust Territory of the Pacific Islands; (n "Person" includes an individual,
firm, corporation. association, and a partnership; (g) "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; . (h) "Onshore faclllty" means any facility (including, but not limited to motor vehicles and rolling stock) of any kind located ln, on,
or under, any land 'i'tithin the United States other than submerged land; (1) "Offshore faclllty" means any facility of any kind located ill, on, or under, any of the naVigable waters
of the United States other than a vessel or publlc vessel; . (J) "Applicable water quality standards" means water quality standards adopted pursuant to section 10(c) of the Federal Act
and State-adopted water quality standards for waters which are not interstate within the meaning of that Act. (k) "Federal Act" means the Federal Water Pollution Control Act, as amended.
33 U.s.C. 1151, et seq. (l) "Sheen" means an iridescent appearance on the surface' of water. (m) "Sludge" means an aggregate of oil or oU and other matter of any kind RULES AND REGULATIONS
in any form other than dredged spoil having a combined specific grovity equivalent to or greater than water. § 110.2 Applicability. The regulations of this part apply to the discharge
of oil into or upon the navigable waters of the United States. . adjoining shorelines or into or upon the waters of the contiguous zone. prohibited by section l1(b) of the Federal Act.
§ 110.3 Discharge into navigable waters harmCul. For purposes of section ll<b) of the Federal Act, discharges of such quantities of oil into or upon the navigable waters of the United
States or adjoining shorelines determined to be harmful to the public health or welfare of the United States, at all times and locations and under all circumstances and conditions. except
as provided in section 110.6 of this part, include discharges which: (a) Violate appllcable water quality standards, or. (b) Cause a film or sheen upon or discoloration of the surface
of the water or adjoining shorelines or 􀁣􀁡􀁵􀁳􀁾 a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. § 110.4 Discharge into contiguous
zone harmful. For purposes of section 11 (b) of the Federal Act, discharges of such quantities of oU into or upon the waters of the contiguous zone determined to be harmful to the public
health or welfare of the United States. at all times and locations and under all circumstances and conditions, except as provided in section 110.6 of this part. include discharges which:
(a) Violate applicable ·water quality standards In navigable waters of the United States. or (b) Cause a film or sheen upon or discoloration of the surface of the water or adjoining
sho'relines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. § 110.5 Dischurge prohibited. As prOVided in section l1(b) (2)
of the Federal Act. no person shall discharge or cause or permit to be discharged into or upon the navigable waters of the United States. adjoining shorelines. or into or upon the waters
of the contiguous zone any oU. in harmful quantities as determined in §§ 110.3 and 110.4 of this part, except as the same may be permitted in the contiguous zone under Article IV t)f
the International Convention .for the Prevention of Pollution of the Sea by Oil, 1954, as amended. § 110.6 Exception lor vessel engines. For purposes of section ll(b) of the Federal
Act. discharges of oU from a properly functioning vessel engine are not deemed to be harmful; but such oU accumulated accumulated in a vessel's bUges shall not be so exempt. § 110.7
DispersuJltll. Addition of dispersants or emulsifiers to oil to be discharged which would cir-22-187 cumvent the provisions of this part Is prohibited. § 110.8 Demonstration projects.
Notwithstanding any other pro\"isions of this part, the Administrator of the Environmental Protection Agency may permit the discharge of oU into or upon the navigable waters of the United
States• adjoining shorelines. or into or upon the waters of· the contiguous zone. in connection with research. demonstration projects, or studies relating to the prevention, control,
or abatement of oil pollution. § 110.9 Notice. Any person In charge of any vessel or onshore or offshore facUity shall. as soon as he has knowledge of any dIscharge of oU from such vessel
or facUity in violation of § 110.5 of this part, immediately notify the U.S. Coast Guard of such dIscharge in accordance with such procedures as the Secretary of Transportation may prescribe.
CODE OF FEDERAL REGULATIONS TITLE 40 -PROTECTION OF THE ENVIRONMENT PART 110 -DISCHARGE OF OIL FEDERAL REGISTER. VOL. 36, NO. 228-THURSDAY, NOVEMBER 25, 1971 ---.-..-"'.,..."."'"'''''''"''=-.-.'.''.'
........,.......􀀭􀀭􀀭􀀭􀁾􀀭􀁟.......􀁾.•--•..--..􀁾􀀮􀁟􀀭􀀭􀀭􀀭􀀭 -----.-.
􀁾 􀁜􀁾􀁡􀁴􀁲 􀀱􀁾􀀷􀀮􀁾 􀁾􀁜􀀧􀁜􀁅􀁄 Sr.fl',., lhiled Slates 􀁾􀁩􀁯􀁮􀀶 Texas 􀁾•. £rIlrironlllllnlal Protection 1 5 Ross Avenue Qdaoorm 􀁾 .,. 􀁾􀁥􀁮􀁣􀁹 Dallas. Tx. 752m Louisi_ 􀁾
􀁾 Now MellilXl :D ... Alkansas o a \ 􀁾 Emergency Response JIltf 1992 -"'l; 􀀴􀀬􀀬􀁾 ;fl I'n01t(, EPA Information on SPCC Plans • 40CFR 112 ; 􀁾􀀬􀀩 . =:.' . . ';";. 􀁾􀀮 :'.' . ::;:::
􀀻􀂷􀀡􀀺􀁷􀀻􀀺􀁪􀀧􀁾􀀺􀁾􀁲􀁴􀀺􀁴􀀻􀀺􀁩􀀺􀂷􀁩􀀻􀀮􀀺􀀻􀁩􀀮􀀻􀁩􀁊􀀺􀂷􀀺􀁗􀁾􀀺􀀧􀁬􀀻􀁾􀁊􀀺􀁦􀁾􀀺􀀺􀀧􀀺􀀡􀀺􀀺􀀨􀀧􀁩􀁾􀀻􀁾􀁪􀀺􀀻􀀺􀁩􀀺􀁦􀀡􀁩􀁾􀁊􀀭􀀺􀁬􀀺􀁈􀁦􀁾􀁩􀀻􀀱􀁾􀁉􀁾􀁪􀁦􀀺􀀱􀁬􀁪􀀺􀁾􀁾􀀡􀁾􀁉􀀺􀁪􀁬􀀺􀁉�
�􀁉􀁾􀀻􀁾􀀡􀁬􀁩􀁦􀀺􀀱􀀻􀁍􀀧􀀻􀁲􀁩􀁉􀀱􀀻􀁩􀁾􀁾􀁗􀀬􀁪􀀬􀀡􀀬􀁾􀀻􀁴􀁪􀁾􀂷􀀻􀁦􀁩􀁴􀁸􀁾􀁴􀁾􀁊􀀻􀀺􀁺􀁴􀁩􀁦􀀮􀀧􀁾􀀻􀀮􀀼􀁎􀀺ii,it􀁬􀁾􀀻􀁬 ./
• --.../􀁾􀀬 INFORMATION ON SPCC PLANS 40 CFR 112 Prepared By . Environmental Protection Agency Emergency Response Region 6 1445 Ross Avenue (6E-EP) Dallas, Texas 75202
".
;. c· KEY POINTS OF PREVENTION REGULATION . . . , The Environmenlal Protection Agency 01Pollution Prevention Regulation, published In Ihe Federal Register on December11. 1073. II .cIdresaed
to non-transportation related facilitie. and II further ldertlied u Tlla «». Code of Federal Regulations, Pari 112. The main reqUremenI 01 facllJes 􀁾􀁉􀁯􀀢 regulation Is the preparation
and lmpIementailon c;Jf aplan topevnelrfdllcharge 01ollnlo waters 01 the United Slate.. The plan It referred to ...8DlII􀁐􀁲􀁾 Control 􀁾 Countermeasure Plan·(SPCC). 7' . " . The following
dlsc:ullion wf. answerlomeor Ihi frequenllr uk8d questions and lummerlE. key .-nan.. 01 the regulatlDn. PURPOSE To pavant dlschllg.. 01 01 Into ...... 01 the UnIed seat... lb. man '
.. IhNat of lhe regulation II "prI¥enIIon. II oppoHd tea .......he-f••or -reactlv.-me...r•• COIIIIIIOnI1 deIcrI:MMIln SpI CantJngency PIInI. APPLIES TO , Owners or operators 01 facllllea
engaGed In drIInD. ProcIudng. galherlng. storing, Processing, refining• .,....errtng. or ClOIIIUmIng 01 and 01' " ' r prodUdlJprov1d1ng • f 1. the facility II non-tranIpOItadon·....1d
(1M deflnlllDn 01 nan-( lransportatlon) ,! 2. aboveground .tarlgi apacly 0I1IftgIe container IIIn'· II 1xc:aa.oI660 gaIonI.OIMIQINg_IIanlgecapdygNlllerlhan 1320 galant, or providing
thIIllUI bIIaW QIaUnd"IcapIlCIIr II a.....r , Ih.. 42.000 adona a. fd..... which. dualo their IocIIIon could rMIOMbIy expect .apI1Ied 01 to reIChWIt..or the Un.IIed Stales. MAIN OBJECllve
OF REGULATION Requ..... facllitlll which uelUbltcl to. the regtUdon (baNd on above 1
" 􀁣􀁤􀁴􀀧􀁾􀀩 10 prepareMdlrnpIenienIa Spli Prevention ConIrol MdCoumermeasure (SPqC) Plan, prepared In accordance with guldeRnes outRnedln paragraph 112.7 of the 􀁲􀁥􀁧􀁕􀁬􀁡􀁴􀁾􀀮
¥md,;PREPARES THE" SPCC PlAN? • 􀁾-oper8IIng .... own,..... or, 􀁾􀁾 . . • optr'" -fA Ie"" 'ada"',ar, i . ·􀁐􀀮􀁾􀀮 In ctwg. elnduclng deplrtrnent.. agencln. and 􀀱􀁮􀁡􀁾􀀢􀀢􀁡􀁬􀀮􀁬􀁥􀀮
of 81aI. ar F...... Government. GENERAL REQUIREMENTS OF 1HE SPCC PlAN !. Th. SPCC PIMIhaII be .....u.,thought out plan, prtpanMI In ilecordarD..good englnMrlng practJceI, Md which ha.
the lull ;pproval fA ..........-a ala level fA aUlhortty to commit the neceuary t.IOUrcn.·..' . . " .. .;?o • . 􀁾 The COiIIpIIt. 8PCC PIM ahIII foIow the teqUMCI. 􀁾􀁨􀁤 (paragr&ph
112.7 of the Nllulatlon). Md Include a dlsc:ullion of the o 􀂷􀁾􀁋􀁩􀁬􀁩􀁴􀁴􀀮 conformance 􀁾 .... 1IfJPIOPd... guId.R•• lilted. 􀁉􀁾 : . SPECIFIC REQUIREMENTS ThlPIM.;ftustbeClf1lled..,.........prot
.......lgIIlIII'(...parIgfIph 112.3(d) 01 the reGulation). 0 • • A􀁾􀀧 capr of the SPCC SPCC Plan ..... be 􀁾􀀱􀁉􀁮􀁥􀁤Illhe 'Killy, • the IKiIky Is' nonnaI1􀁾II ....ewehcMn..day, ar
II the n....lllid oIIice. thelacllity I. not to 'anended, 1hI plan II onIr IUbmltted 10 EPA ar Stal. Agendes under drain......Mdcondldona (Mined Inparagrllph 112.3(1) and..agraph 112.4(a).
Th. SPCQ. Plan ..... be 10 lhe EPA RegIonIlI Administrator, or 10 his duly authOrIzed rlPfnentM"" for 0IHft during normal working hours. " 0 " a dllChillg. OCCUI -In .x.... of 1000 galona
In a lingle event. or two discharges occu In 1tarmlul quantities-wIlhIn MY twelve month period, the ownerloperalor must lhen .ubfhll copies of .... SPCC Plan 10 the Regional Administrator
and to the Sial. Agency lri.ch8llJl of WII. poIutlan conCroIKtlvlln. Other Information must accompany the sPCC Plan as outlined In ..agflPh 112.4(a). ·2 Regional Administrator: 􀁾􀁖􀀸􀀢
and Call.ls: SPCC Plan: Wor.t·Ca58 Dischage: Th. EPA Regional Admlnlltralor or a deslgne. 01 the Regional Administrator, In and for the Region In which the lacUity Is 􀁉􀁯􀁣􀁡􀁾􀁾􀁥􀁤􀀮
0 Indudl. bodle. of water conttned within the Inland .,Ia with a project depth of 12 'Nt or ...., including lhe Intraooaslal Waterway and.otherWllIIW8YI ardlclallyaeated tor navigation.
. . The document required'" the 01 PaIuIJon Prevenliqn regulation that d..... the equipment. manpow., procedures, and steps to prevent. conIroIand provide adequate countermeasures 10
an 01 spII. The plan II a wrllten desalpllon 01 thl lacillty'. . complllnCe with the procedur•• of this regulation. In1h8C8MfAaveaeI" adlcharv-Inadv...WNlhercondllona 01 .s M.' cargo;
and In the.cae 01 an onshore or onshore lacllIly, the largest for"MabIt dllcharge In edverse weather condllJons. 27
0nIh0ie PnxIuctIDn FIlClIdH: . Apetlaleumobaied 011 th... III the tim. of Ihlpment. consists of􀁾frlldlona: (1) Ill ..... 50% of which by volume. , dlatl at _lImperIIlur. of 340 degrees
C (645 degrees F) and (2) II 15%of which by volume. distil ... temperature of 370 degr C (700 dlgr... f). A Group 1011 can afao be • non-peIrOIeum 011 wlh _ Ip8CIIc gravlly lell than
.8. 01 0I1lf'1 khllhaIlI.not petroIeumobased. II Includes. but Is not 1m... to, anknaI and vegetable oUs. N.IIIhor. Arei: Non-peflllt.nt 01: 􀁾􀁴􀁉􀁯.􀁉.􀁥􀁵􀁭 01: 011: Owner,()pendOr:
P.....entOl: : , Th. are .xt.ndlng seaward 12 miles 'rom th. boundary lines defined In 048 CFRpM 7. except In th. Gulf of Mexico. In the QuI01 Mexico, the MII'Shore..1s Ihe area .xtending
seawald 12 mlles.1Om the line 01 d.rnIIC8Iion (COlREG lines) defined In 33 CFR 8O.7.co-ao.850. 011 In ... kkId or In .,." form. Including. but not limbed to peIIoIeum, fuelall,lIudge.
oUreluse. and 01 mIxed wllh wastea oIhIr than dredged lOlL .net we., flowlines, separailon:' eqlllpment. storage I gIIhedng hi. Mel auxllary 􀁮􀁯􀁮􀀭􀁣􀁲􀁾􀁡􀁴􀁩􀁯􀁮􀀭􀁲􀁥􀁬􀁡􀁴􀁥􀁤
. 􀁥􀁱􀁵􀁾 end f8Cllit1n In.akIg" geographical 011 orgas field openIIed .. _ling" operaIor. Atrtperson ownktg oroperIIirv an onshore fdly or an offshore lacllIty, and In ....caMof .,."
abandoned offshore facllily.the pelIOn who owned or operated or maintained such faciUly .IrnmedIaIeI1 prior to IUCh abMdonmenL fncbIe. _peIIaIIurrt-baIed 01 thII does not rneetthe dlstillallon
aIlerla lor _ noft-penlstent oIL P....lat.nl oils are further d8IaIIed based on epecIicarINIIr aslollowa:Group 11-speclic grllVlly as. Group 81-lpeclflc gravby between .85 and than.95
GIoup IV -epeciflc gravily .95 or greater. Peni Jl'ldude non-petrOleum oUa with a specrlC gravity of .8 or gr .,. 'These oils,are further classified based onepecIJogravily as follows:
Group '1-specifIC gravitybetween .8 and t.....85. GIoup III -specific 9rIWity between .85 and than .85 and Group N -specific oravily of .95 or grell . 28 . . . , After review of the
SPCC Plan Plan lubmlted under the.. clft:umltanees the Regional Administratormay requlr.an"""'Mto the Plan..deemed necessary 10 prevent any future discharges. TIME LIMITS For Exllllng
Facilities: ',. From the effective date of 􀁾 regullllion (January 11, 1974) Six months to prepare spcc Plan (to Juti 11, 1974) &m . 􀁔􀁷􀁥􀁾􀀮 moNhs to Implement SPCC Plan (10 January
11, 1976) For New Facilities: From time 01 .tart-up of th. new lacIItr • Six months to prepare spcc Plan PNf*IIlIDn Twelve moNhi to Implement TIME EXTENSIONS' N.1h1l point In time. (3-17-76).
the onI1 ptDvfIIon at the regulation fOr time ext....1on 01 􀁓􀁾􀁃􀁃 Plans would 􀁾to NEW FACIUJES. As an Interpr.tatlve comment -... dlllkUt to anticipate drcumstances which would reasonably
justify an extension oftn.for _new fadltr .....the normal time provision beglnllll .... 1Iarl-up d.... QUesTIONS FREOUENnY ASKED Qu.stlon. What IlCIlli. wi be IUbJect to the 40em 112
RegulalJon? Answer· A. Non-transportation ..lIIled lacIIIeI which have: 1. Aboveground ltorag. capacly In .xce.. 011320 gallons or a single container Ine_of 880 galDnl 2. Underground
Itarag.􀁾In UCIII of 42.000 gellons. 3
3. FecIIIU.. which due to t"';' location and􀁾..'In 1 and 2 could re8SOf1llbly be .lpeded 10 discharge Into wal.rs of the United Slat•• I a .plIIshoufd occur. ' au.iilon • 􀁁􀁮􀀮􀁾􀀸􀁲􀀮
.I .􀁾 ,., au._tlon • 􀁁􀁮􀀮􀁷􀁾􀁲􀀮 au.ition • Ansier. au.8tion • , AniWer-􀀬􀁾 -i"t"0. aueItIan • Answtr· oueitlon • ,An•••• • au.stlon • What II consld.red a non-t,.rwportatlon rel8led
facility? All fixed fdtln including lupport equlpm..... but .xcludlng Irj ,,-1Ine1. ,.Irolld tank c.' In rout•• Iran,port lute In raul terminals usoclat.. wllh the transf.r of bulk all
to or from a ...er trMlpCNtation ve...L Who detennlnn • a '-=l1IIy II In n.ed 01 a Plan? The owner or.....or ai required by the Regulation. WhII ......... nt8lCK\llblllty? lacdonofthe
lacllyln􀁾􀁴􀁯alltrearn. dkh. llorm MW8r. dlstMcl. vaIume of mIIIerW. dralnag. patterns. aoII conditions, .tc. " Who II r to pr.-e .... SPCCPlan?' . ," TIle 􀁾􀀮 1'he certIjIng Eng,"",
mar ...Ist. but the ownerAJplndor II 􀁾􀀮􀀮􀀮􀀮􀀮 ' Whr doll PIM have to be ClltlIId? To good good engineering pracdciI are foIIond In 􀁾􀀢􀁐􀁉􀁡􀁮􀀮 _ ..... NqUhm..u far 􀁃􀀸􀀱􀁴􀀱􀀱􀁣􀁡􀁴􀁾􀀿
1beengineer IhouId be lamlllrwlth the provIslonl ell 40 CFR 112 and must have .x..1ned .... liIcIIlly • .... , '> . be regliteNd In at ..... one S,.... It II not necessary to be r.t....
In the Stat. In which the facility Is located. What 􀁣􀁯􀁮􀁳􀁴􀀧􀁾􀀢 an'SPCC Plan? 4 Injury: Inland Area: Navigable Wat.rs: , A............ adverse change. .....r long. or lhort-t.rm
the chemical or phrilr:al quaIIy or the "lability of a natl r....... eithlrcRredly ork1dRdIy110m .xposure to adisc:ha of all. or .xposure 10 a product af r.actioJllI resulting frOI discharg.
of oQ. Th....thor..anI af fie bound." linn d8f1n'ed In 46 ( pelt 7. eXClplIn .... Gulf af 􀁍􀁥􀁸􀁬􀁣􀁯􀁾 and .xdudlng the GI lak... In the Gut af Mexb». the Inland Area Is the II lhoJ8W8ldoftMInnaf
deman:allon (COLREGlin.s) d.fi In 33 CFR 80.740080.850. As 􀁾􀁥􀁦􀁬􀁮􀁥􀁤 by 40 CFR 110.1 ans the ..... of .... Un Stat... inducing the 1be term 1ncIudaa: (a) All"'.,. thilai'e cUrrently
used,wer. us. the past. ormaybe lUlClPtibllllO use In iIlers orknlgncom 1ncbSingalwal"thal aubjIc:t to ebb fIoWaf .... tid.: . (b) Inters lndudinglnt..tat. wet'" (c) All other 1UCh..
1n.,Ulat.lak rtv ....... 􀀨􀁨􀀺􀁕􀁉􀁮􀁧􀁾.....). ..... L aandIIIII. and ........ 􀁾 us., degrlldal ordellnldlDnafwNdl would lIfec:torCDUld. h .....orIDNlgnClOlllMlOlIncludlng."• .....:
! (1) :.' 'ThaI .. or ,.... be UNcj j4:, .......... or foreign trav.len !', ' recreational or oth« purpoSI (2) 􀁾􀀧􀀮 􀁆􀁲􀁯􀁭􀁷􀁨􀁾􀁏􀁳􀁨􀁯􀁲􀁳􀁨􀁥􀀱􀁬􀁦􀁬􀁳􀁨􀁡􀁲 could'be taken and
sold In Ir1 ..... or foreign cammeR:»: (3) 'ThII8NusedorcouldbeuHC IndUllrial purpo... by Indust In Int«ltate commerce; (d) 􀁾 of wat.,. otherwl,e defined navtglble und.r this section;
(e) TrIJUl ofwal ld.ntirJed In paragraph! through (d) of this d.finitlon. Including adJac wetlandl: and (I) W.UandllldJecent 10 wat.i. Id.ntified In p; at'llPhl (a) thIough (e) of this
definition: ProvIcl thai wast. trealment paragraphs) are not wal of the Un.ed State•• 25
:harg.: lily: .......: n'ul Quanfly: '.rVoIume 15: GLOSSARY Indud••• but II not Imlted to. 8l'f/spilling. leaking, pumping, pouring, emitting, emptying, otdumplng. Excludesdlscharges
In compliance .... a permit und.r .ection 402 o'-th. CWA; discharges reaulJng 'lOIII ckalmstanees Identified,. r.vlewed, Md made..of..pWIic I800RIMhrespectb.􀁾Issued or mod.1ed under
HCtIon 402 of the CWA, and subject 10 a condiionIln IUCh penn"orcondnuoua otMliqM'ed hermatenl dllchatgea 'lOIII apoint eoulCe. ldentilled In a permll ot permit 8ppIIcatIon under MCIIon.c02
of the CWA, thIII.,.cauled by evenIa occurring within the Ioape of raIevant oper"lng or tr............... Any mabie or fixed. onshore ot of'shore buDding, structur., InlllllIIIon. equIpmed.
pipe. or pipeline u.. In 011 w.11 driUing opeiallanl. 01 production, 011 relining. 01 ItorllD'. and wasle treatment. The boundarln of a'acity maydepend on several ....apecIfIc......
lndudlng.but not IImlled10.the ownership otoperIIIon of buldlngs.1trudur...Mdequipmenton the lama ••• and the an-of aetlvty .. the .lIe. lIIk.. Superior. MfchIg.... Hucan. Erie. Md Ontario.
their Connec:IIng ... ....., ........ the SaInt Lawrence River as '11 • 􀁾􀁮􀁴 RIgIa. and adjllcent port.,.... lncIudea cIIchargn of 01 thll vIoIat. appIlcabI. wal.r qUality .......or
alludgeoremissiDnIObedlposUd benealh ........_ 01 or upon adjoining Ihorelnea. Indud.. the poIta of: Bolton. MA; New York, NY: Port o.law.,. Bay Md RIver to Phllad.lphla. PAt SL Croix.
VI; Pascagoula. MS: Mla.1saIppI Rlver'lOIII Southwest Pass. LA to Baton Rouge. LA; Loul..... Offshor. Oil Port (lOOP). LA; . lake Ch...... LA; SatJIne.Neche. RIver. TX: GaIv.ston Bay
Md Hou.ton Ship 􀁃􀁨􀁡􀁮􀁮􀁥􀁾 TX; Corpu. ChrisU. TX; los AngeIesILong Beach HaIbor. CA; San Francisco Bay.San Pablo Bay. carqulnez St"'. Md SUisun Bay to Antioch. CA: Stratis of Juan
De Fuca and Puglt Sound. WI.; 􀁾 Prince William Sound.AK. . 24 Answ.r-Qu••1ion -Anawlr· . Qundon -Anlwer-Que.don -Anlwer-􀁾 Queallon -AnI..,-Qu.,tIon • ,Anlwer-Folowthe guld...... lUQGllted
In the Regul8llon -parlgrlPh 112.7. Alketc:h or drawing of the lite ......It In Identillcallon 􀀮􀁴􀁨􀁥􀁾􀁾 . When the SPCC Plan ............ and certified. "I .... to EPA for review?
. 􀁾􀀢􀀧􀀬􀀻 . No, aC8ltrled cop; of the Plan .. NCl&*ed to be avallable'rom EPAOIHb NVIew:' the.adIIty .. lIIInded ......t eight houra a day••the.adIIIy" nat........thin the Plan IhaI
be kepi .. the near... ....., aIIoa. '.. '. .. WhIt..thetime"""""'",......,.aIDnMd1mpIemenIaIIan. for a new .acIM(t , .•!. One raw 110m the ... lie 'adar beglna operation. .....SPcCPllnNqUhd........,
.....!IIilg􀁾 .y....... 1n pItICI and no prevIoua ,hIIIoIy 01 .pII.? Th. need foranSPCCPlan"cIIIerInNd bralerla: the IIorage capadIy and the􀁾dingInIIng uIItIng man ..... .true:bnI.
When a production CORIIIIa of IIv.rar operallon•••ueh u .....or.w.w coIIdlon systems. tankblllarlll. . .tc. doN .... aperllllon Nqulre ........ SPCC Plan? No. one SPCC Plan mar Include..
operation, wllhln a .i1g" geogrlphlcll...when MCh .. addr8llld In the Plan. Ia 􀁾􀀮􀀮􀀬 􀀬 loA 01 01 or 01 produat eWJect to a penalty? No. a dllcharge .. cWIned In 1311(a)(2) of the
Fed.rar Waler 􀁰􀁯􀁡􀁾􀀱􀁯􀁮 Ccnrolldalnc:Ulng, but noIlimlled to. any spilling. leaking. pumping. pouring. emIl1Ing••rnpIylng, ordumping Ihal ent.,. thew..... of the U.S. oton the adjoining
shoreline. In harmful quantJtlu. • the...., .. affected, a penalty could be asSlllld' a aqcura'"..pr-eed bV 10m. mUftI'rom entering 􀁾 no ......, IhauId be .nued. I
au.dan -. Answerau.stlOn Answ.r-!l' .'r" .. au.stIbn • 􀁁􀁮􀁾􀁲􀀭 What II coniideJed to be a harmful quantity? Harmful quanllly II cWIned In the Regulatlo"s as discharges which -'feet
the wlll.rquaMy Itendardsorcause 8 film or sheen upon or dllcolDratlon or 1M "'er or adjoining shorelines. What are considered navigable .......? SecIIon &02(7) of the EWPCAd.nnes navigable
wat.rs as th• ..... of 1M UnIted S...... lhe Coast Guard Interpretation IncIudeI not onl1 thelradltlonaly recognized navigable waters but .. "Naml, crHkI, Iak.., and ponds connected
to the trIM., ayatem In a river basin. II one....aI oIln1o a 􀁭􀁵􀁮􀁾􀁉􀀢􀁯􀁮􀁮 lew.r a violation? .01 reachft -navIgIbIe ...... a violation hal occurred and ...._ m.,mul•. Thelaclly1p1111ng
th. oU must also have an SPCC Plan Implemented. Aproperly .ngln.ered plan and 􀁾would prwenea apli from OCCU"Ing. 3. 130' 1 Example or Dellgn: Horfzontal and V.rtlcal Tanks Plan VIew
-􀁁􀁾􀀧􀀢 DIke Posllion 􀁾 , ··75' .,\ ' horizontal harlzonlll Ylltical vertical horizOIMI 􀁾 Q f:\ f:\ D:J 􀁾 􀁌􀁾􀀮􀁊 􀁾 '0' 10.000 gal. 15,000gal. ·.15,OOOgai. 20.000011, 20.000 gal.
(lankdiantlter.10.5') au.,liOn -<. Attswir· 􀀺􀁾􀀮􀀺 Qu""" An...r--,:" -' .... 0untf0n.. , .;.'. AnsWer-" . WhII penaIIIet .....1Hd? P..... 112.1 al40 em 112 authorIz.s Ihe Region" Admlnlstnlorto....
. a dvI penaly up10 $5,000 perday for each violation. Muit MllrrCOlUll.......bepnMded forlransferopendlons (L.. for buck loading or unloading lUll al alacRity)? 􀀱􀀱􀁉􀁥􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀬􀁾􀀮􀀬􀀮􀀮
􀀮􀁬􀁨􀁯􀁵􀁉􀁤􀁢􀁴􀁤 ••lgnedtohold ...1M ..... muImum CIP8dlY or any Ilngie compartment of a tankearor""truck loading or Unloading at lhe f&dlily. This II 110I10 .., thII .. truck mull
park wMhln a diked wall for . 1oad1ngt\doadJng. The NgUlatIon allaws flexllillty. here tor cINersIon atrueIUNI luch .. culblnb or diking to chann.1 a potentillllpll to • eecond.-y containment
liructure. .Mull _ SPCCPI8nbeantoEPAfor rwIew and/or approval? NanMIr,-SPCC ,... II nat required 10 be lent 10 EPA for IpPRMII;tlOMMlrthe ownIII oroperalorl9fa faciily Is required to
maInIah a coqJIII.􀁾orthe Plan III the facility If the facility 1 :: . • . . . (a)'Fromcode. the IIftImumConI......Volume II lingle largest tank will dike: 20,000 oalona. thIIeUmple.
20,000 gallons x .1337 cu. fLIgaI•• 2174 cu. fL (b) Available Db Area... example: 30 ft. x 7& ft.-2250 lei.'" , (c) 0bHMtt....1amevalulne aldie _leal....goes btlow the die. w h.lght.(...
laItlentence, panlgrllph 1a). ThIs WJkIme of th. second 20.0 galoR tank (and 81ft addllonllveltlcals) aIIUmecI not ruptured musl I contlderecl. (d) A".,. DbHeIghl ...·II: . hJCAruotDb.MInImum
CantahnIntVobne.hxdrCulararea of lleO (and a,., additional vertical tankI.) . h JC 2250 sq.'" .2874 cu.ft•• h x3.14 x (S.25)'(.tlus squared) 2250h-885h • 2874 216$.6h • 2874 􀁾 • 287412163.5
• 1.238 ft. • frHboard (10% Induslry ...ndard) h • 1.3596"•• 18.32 Inc:hn•. 23
.15,000gaIIona 15,000gallons 2. • 30' Example 01 o.llgn: Horlzonlal TMb Only Plan VIew • Avalable Dike PosIIJon 45' 0 12 10.oooPJana ,",;' 3 • Qu.sllon-Mswer-" Is normally auended to
least 8 hours per day, or alth.naar.sl field office rahafadlily IInotaaanded. Upon inspection bv EPA or repr.aanaatlv., an SPCC Plan musl be produoe tor Ihe Inspec:llon review. An SPCC Plan must be lubmitled 10 EPA
for review I allhardtw IDIDwIngcordlonlar. mel: (1)Af.ally discharg.. 1,000 galona or more 01 oil In a lingle apll.venl, (2) Alacillly discharg.. olin harmful quanlltie. a. defined In
40 CfR Part 110 InIo 01 the Unlled Sat.. In two, spil.V8IU, reportabl 18ClIon 311tbKI) d the Federal Waler PollutIon Control Ad:ocxurtng wMhln any twelv. month period. • allhar oondltlona
......, aha owner or 􀁯􀁰􀁥􀁲􀀢􀁾 of .uch faclly II required lolubmllhalr SPCC Plan 10 Ih. EPA within 60 dayator ..... Al. SpCCPIInINqUhdIarIwZMlne.1UbItInces or hIzanioua w....? SPCO
Plana •• required for fadlllJal Ihal lIor. or transport 01 01 IIfII IIfII Idnd or In IIIt'f Iann, including, but not IImlled to pe........ fualoI.lIudg.. 011 rlluM and oil mixed wilhw.....
other than·cIredgad apoIL , The SPCC...aullllon. don noa.ppty to hazardous or haurdoul Some RCRA pennltl may requlr. 􀁈􀁃􀁏􀁮􀁤􀁉􀁉􀁹􀁾􀁴􀁯􀁲􀁨􀁬􀁺􀁡􀁬􀁤􀁯􀁵􀁬 WUl8Ion a facily Ip8CiIic
basil. AIIhough ucondIry COIUInmanl II not required bv ragullAlon tor hazaIdou............. EPA recomm.ndl thai f.allly owners Ilrongly conaId8r II u a meanl d reducing anvllorimlntlldMaIge........,r
alUlIIng from an a:IdadaI r.Ia.... (a) MinImum ConIainment Volume II lingle laigllt'nwlHI\ dike: 15,000 gallonl, Ihl. exampla. . i .. . 15,000 gdona x .1337 cu.ftJpL-2008 cu.fL , ."
........../. (b) Available Ara.. Ihil axampla: 30 II x4S fl-l350 Iq. fL,"'" example. (e) AVerage Dik. Height ""-Is: h xArea d Dike • Minimum Contalnm.nl Volum. h x1350 sq.ft•• 2008 cu.ft.
h • 2004 , 1350 , h • 1.488 ft.+ fre.boanI (10% industry slandard) • 1.635 ft•• 19.62 Inches '22 QuatJon-Anawer-I Quesllon. II a facUy required to􀁾anSPCC PlanHa lpiltram the faclay
II not IbIe to INCh ... navtg...waters oflhe Unlled Sial••? An SPCO Plan II required tor any feeWIy which, due to II's IoeaIJon. could rNIOnIlbII bi expecIed 10dischalge olin harmful
quanlM".deftned In40 CfR PIlI 110,lnloor upon the walers' . of aha Unlled S"'e.. The determlnallon 10 develop a SPCC Plan II the raspOnal)llty 01 the own.rs or operalcn 01 lhe required
fadlilla.. Ar. 􀁦􀁡􀁤􀁥􀁲􀀢􀀧􀁾 facllllu .ubfect to SPCC requlremenls? 7 I '.jI
AniMr-'. G • 30' I G) 0 "III 4'." 4fill 􀁾􀁤􀁩􀁡􀁮􀁬....) 85OOpIIoni 4OOOpllonl 4000"ons (a) MiIImum CoIUIIlIMI1IVobneIIlingleIarg8ItIBMwilhIncflce: 85OOg8 tills .xample. , 8500 gallons
x .1337 cuJUgIl • 1138 aI.ft, (b) Available Db ANa, thll .umpr.: 50ft x30 ft•• 1500 sq." " (Q) AVI.IIbI. DIU H.IghI ...·II: ' h xAr.a d Dic•• Min. Containment VobM + .... x 3,14 x rMIus
Iql of .ach tank (.xcept Iarg.st tank) : h x1500 sq.ft•• 1136 cu." +"tI. JC 3.14 x((2)'+ (2)') 1500h -25.12h" 1138 cu.ft. 1474.88h.1138cu.ft h. 113611474.88 ••77 ft. +freeboard (10%
Industry ,tandard) ••1M h • 10.08 Inch.s AnsWer-􀁾􀀱􀁏􀁮􀀭 AnJ.,-I ,. aueitlon-􀁾􀀭 ;;" 0uiItIan-> . • :";.,. aUIstIon-An...,-􀁆􀁥􀁤􀁉􀁲􀁡􀁾 naperated fdltJes are required to develop
• SPCC Plan for any federal fec:llily that meets the applicability r mentI. . 00 SPCCNgUIIIIDnI....cMdesign requirements IordlOOg" curbing." .Ie., 1be SPCC reaulatbnl NquirM diced ereas
for storage tanks 10 be lufflc:lently Impervloul to oontaln any spined 011. All bulk atorllg8 tank lnstdatJons' should be constructed so that R secondlry ....... d oontalnm.", Is provided
for the entlr8 cont.nts or the larg... single tank plus sufficient freeboard to dowfor 􀁾􀁉􀁯􀁮􀀮 Containment curbs and pits are sametimo used as secondary containments but they may
not always be appropd8Ie 'or 10m. f-elldes. What ......... do .......... under the SPCC regulation? .. TheSPCCPIogram II••....,mandated program. executive Order 􀀱􀁾􀀷􀀳􀀵 (AugUIt 3,1873)
delegated the 􀁡􀁵􀁴􀁾􀁲􀁩􀁴􀁹 of the President 10 promulgll. prwentJon regulatlonl for vess.1s or traftIPOItaIlon, and to EPA·(Th•.Reglonal Administrators) for • . ;. .p.lW..l.ft.l.on-torhnlpadlllan
I'IIIIed end non-transportation related 􀁾 --'.. -. '. : .. ......II aul or saMce, what .......... 'must a facUlty ... In to be .xempt tram SPCC regulations? • ",." tank aul or .....
must have II plpe"s and fItIIngs ...Ied Off and 1houIdbe filed wIlh alne" mllerfal. such • and or concret. In order eo be .xempt from the SPCC regulilionl. , 'AIe .......111..............adory
eo me" the secondary : contabnent Nqunm.nt for SPCC? T.... wthIn+Iank I1IIY provide adequate secondary containment; however the vaIvIng mUlt be des;·..:,.,d 80 that ·accldenlal rei•••
from the Inner tank (from sue' \;currences 8 1. .. 􀁾 Example d Design: V.rtlcal Tlnka Only . Plan VIew -AvaHabl. Dlk. Position 50'
.... as an Inadv.rt.... valv. opening or • 'allur.) are compiet.1y contakMId wIIhIn the 0UIe.I tank. .. . 􀀻􀁾 MuII....IlnkIn.........., have MCOndarycorcail)m.nt? Adie. 'or tank bIlIery
II required 10 contain only 1b.Iarg.st .lngle .... within the ........" pIu••uftlcJent fr.ebOard 10.•• 􀀮􀁡􀁯􀁷􀁦􀁯􀁲􀁾 ThecIM lhauldbe IUlfIclenllt IrnpeMgua to COIUkt .", apIIelkI
'lam the '-* battery. . Should ebove gnMIIMI .... and undergIoUnd t.... be .ubjecJ to lnlpeclion. .•' ....' . .AlI8bove ground ..... 1houId be .Wject 10 periodic Integrity .....1IIkkIgIrm
IIXXMIlI....MIgn..UIIng IIUCh technIquea as hycIIoaWIlo telling. vIIuaIlnIpedIon or • 'VII.... 01 non 􀁾IhIIUIIdcI_teIIJrv, TneuppartI and bnIIIiDnI IhouIdbe􀁾 􀁾... Burled1IOr NprII"".palenlilllorun
detected split. Anew buited 1III1on IhouId be pnJIec:ted 'rom COITOIIon by COllInge. 􀁾::..-t.:-1hauId at ..... be IUbject to regular pr8llUNtelting. Toqu"'" burled .torag••• tank must
be c:ompIeteiv burled In 􀁾 UI1h. Tanka which are In an 􀁵􀁮􀁤􀁥􀁲􀁧􀁾􀁮􀁤 buemenIor vau.do not quallfv for und.rground slorage•. Th. ntuon II Ih.a burled tanks usualy hav. 10m. Inh.rllll
pnUc:tion by1MCIDIUk1Ing alon01 the .urroundlng .arth. DIKE DESIGN PROCEDURE Gen.'" Cod. for NormaIy Stable.􀁾... or COmbu.... Uqulda a) Th. volumetric􀁾rl the dked area ahall not be
Ie.. than the greatest amourc of Iquld..... CIft be relelMd from Ib.largeat tank wllhin th. cflked ar... Ulumlng • ,un ..... pIut. 'reeboard rl alleast twelv. Inch... 'theC8p1dvofthedked
area encIoIIng mor.than on. tank'shall be calcUlIIed by cIecIuc:tktD1Mvolume of the....other than Ihe larg.st tn below the height rl the dice. b)W.rlIhediced.......berl............ concreI••
or solid m8S0N)f • I. d8IIgned1o"1quId-tIgNMd10wIIhItMd. '1Mhydro".head. Earthen • wa'"a'HIor men In height .... have • flat lec:tion al the top not less than 2 'HI wid.. The.1ope of
an .arthen ....hall be conalst.nt with the angle of repoaa of 1M mil of which the walla oonalruded. c) The wall of 1M rIIIIIcted to an avemg. helghl of 8 'eet IIbove 1rUrIor.... '. ..
d) Wher. provision IImade lardralnlng water 'rom dked ar.... dralnag. thai be provided at • uniform IIopeOf not .... ..,.,. 1 percent awlltf from tanks Ioward • lump. drUIbox. or 􀁯􀁴􀁨􀁥􀁲􀀢􀀧􀁾
meanl of disposal located at the gr....t practJclldlUnce from thetank. Suchdralnaaha. normally beCOfWlOlledIn. manner10alOpnwenIllammlbleor combu.lbIlIlqulds 'rom enlering MWraI.........public......o
rpubicdralns. Control of drainage .haI be 8CCII'" under 􀀬􀁾 condJIions. e) No loose 􀁣􀁯􀁭􀁾 material, empIJ or 'ulcflum or 􀁢􀁡􀁲􀁲􀀮􀁾 shaD be permilled wllhin the dIwd ..... au.lIIOn-An.w.rau.lII
on-Mlwer-􀁾􀀬 Question-Ar. tranIfonnera CllMKed under SPCC Ngulallon? . • ') Each dked area conIaInIng two or mont tank. shaM be subdivided pref.rabIy 􀁾 draNgechannel. or III leal by
Int.rmediat. curbs In ord.r tao.pr.v.nt spill 'rom endangering adjacefj lanka within the diked area follow..􀁾 .'./' . 1) Wh.n .lOrlng nonnatv liable. tlimmable or combustible Rqulds,
on• • ubdivislon 'or .ach tank InUC8IIof 100.000gallons andOMsubdivision Ior.ach groupof tanka (notnexceeding 100.000galonscapacity) having an aggregate capacIIy not excHdIng 150.000
gallons. . '20 Anew.r-Question-Answer-Electrical tranaform... and IImIar equipment ar. cov.red 􀁾 th. SPCC rIgel'allan pnMded that t"" contaln .uftlclent quarciIIeI rl 01. Mddueto bc:IIIan,
CIft reuonabtf be .xpected to .piII their 0II1n1o navtglble will... or adjoining ."or.lIn.s. If the drlllnage 'rom • 'lid"dlscharg. Into •••w.r ayat.m Is this 'acIItv Melulre to have
• SPCC Plan? If th•••werII••torm....rorcombined ••w.r. th. spiU could r.asonabIV be expect.ed to reach navigable wat.rs and thus the plan would be required. I the flow 'rom th. sew.
Is .ntir.1y treated In • uwag. treatmlnl plant then an .nglne.ring • iI,J
... QuestIOn. ·L 􀁁􀁮􀁾􀀮 ..... 􀂷􀂷􀁾􀁩 , '., . ' .iuumllllihouid ba mad. by the owner or operalor as to whetheror notIhe....lmenI.,.lem could handlelhe possible . volume of 011 without
excudlng the permhled amounl In the' plant discharge without caUiIng • harmful discharge. If the system could not h.ndle the 011. Ihen • SPCC Plan would be required. .VIaIIIIonI ofahr1IIdb-of....
FedIrII Water PoIhItion Control h1.or OCher IawlI mayba InvOInd In • spin 10 • municipal sewer system. " . WhIt 0IhIr '....Ion or ltandllds may ba applicable for oR llorage faclltktl?
UST (lIncIeIgnMnt 810rIge Tri). NFPA. (Nallonal fire Prevention Alsoc:IatIon) and Stat. fire Marshals. 0IIcIaIrner:lh.... by no IMaM • c:ompnthenllvellst of oth.r ..able r-gUIatlonI
.. ".ndard.. . . • you hM addllonll .....1anI abOut the SPCCAegulal10n ..... coruct the Una. SIal. Environmental Protection .. 4041347-3831. " i. 10 'J 6) Instruction.andcompany,.....1anI
have been pqsled consplcuOl which rellite 1001"prevenlloia·.nd countermeasure procedures. 7.Futur. $plft Prevention Plan•. By 10 January 1875 (1mplemanlatlon deadlne) the following iddhlonal
plans be compItled: . . 1) ansi. atorage of 'PII􀁾􀁡􀁉􀁮􀁭􀁥􀁮􀁬 NIdMI mal..... and 􀁥􀁱􀁵􀁾􀀢􀀬􀀬􀀺 bagged IbIoIbenI. abIorberC and booms. andtodla. Storege f. win be wln-publlclzod
and clearly denned. . • ,) lnltalalion of • sancI-fIIed􀁾basin far mInar.1OUIIne spII' III loading pump InIIkn and at 1oadI... rack. Sand to ba periodM replaced. 3) A routine InIpedIon
program with chtc:k-olIst"'sJ of lanlel. plpll valve.. hos... and pumpI tor tha prewndan of boItI major 'PIh II .Iso minor 'PIIII or lelkage through ptapeI' maInt....ance• JohnDae (SIgnaIn)
:';l'. ·l· 18 .
. , 2. 0PIf8I0r...,.MII 01.. ImperaIIve NllUre at IpII prevention, and s. ""al.􀁡􀁾of pcacadur... OpIndonaIanareand􀁾 theprtniii"cauleealapllls. Therefore, the Plan Ihould contan Igned
ID IMaId .... emn and '1IIur••• Operational Errora can be minimized ttwugh • 1. PIIIOIVIII training• '/. . .J 􀁾.." . 􀀮􀁾 ...􀁾 ,; ,. . ... 􀁾 ..... THE 8PCC PLAN SPILL PBEVENTPN BASIC
CONCEPTS . 􀁾􀀢 , 1. 􀁾 pracdcII ....... the prevendon of 01 ..... 2. the plan of a.w.1InmaM IhauId ,,,Ooow.and 3. the plan for....and at oL Furthermore. the Plan mullbemUUlnad 1IIXlOIdkIg1O
anychang•• 'In oPII'IIIan. proceu. or ....... 0CMrId.... . ' .. There II nO rigid 'ormat tor .. SPCC Plan. The ...... (paragr8ph 112.7), of Ih. regulation luggesllng form. II qucMd·'1'he
oompIaC. SPCC Plan Ihdfollow Ih. sequ.nce outlined baIow,lndlnCluda ....cu••lDnat.....dty'.conformance wtillhe lAMOPfIaI.guIdIInes..... lbeMguIcIeIr.-bIcIIa"mWmII"requiemefU and mUll
necnaarIy pnwIde wide ......10 the manw typM oI.acililiel to which Ihey apply. ,'J'-... SpUII can best be contralld br lnatllllatlon 01 prevendon ...... adherence 10 properoperallng
procedurM.1nd prevtnItIIJM malrMnance, aupportad br poshlv. . I contllnmant and removaL • theM.............thought out and documenled, I the reeut wllbe ... tMtequata SPCCPlan. 1herafCftw.....bl*prIn
cIpIe.1hou1d I be embodied wIhIn and SPCC PIIn • ..) V.nllng capacay Is ....abI••or the t111nd withdrawal 'al.l. 5) Main po..-lWIIch lor pumps II located In·a box which .. locked wh.n
the bulk pIanI'li unaaended. . 6) Adike .urrounda .... tank aaMmbIy. •• volum. (Mighl VI. ar.a) II 􀁣􀁯􀁭􀁾􀁥􀁤baNd on the atnglelargest lank within (20.000 galons) and aIoWancI II mede
lor MdIdonll.Wf1IcaI tank dlaplacemenl volumea below thed"MIg" (.stlmated IpIIllquld 􀁉􀁥􀁶􀀮􀁾􀀮 Tolal laorage CIPIClY II 10C0,OOO adona. .201nc:h wal.r drain IS Iocaled at the lowell
point wIIhIn db andoIur. and • 􀁾􀁬􀁉􀁩􀀱􀀸􀁃􀁕 10 • norm_odDaed .....vM«*1Ide the dike. 􀁾􀀮 SpIt Prevenllo!' • Vehiaular • . 1) On.II. The'1Oft1ll hlghwaydlch andthedlchon Ihaproperty'llOUthem
boantary 􀂷􀁉􀁤􀀮􀁾 befor. aouIngtha highway thraugh a culv.rt headed eastward and awntuala, 10 ........ lDcIIed approxImal.11 on-hall mile dlslanL Emargancy COfUInmenIIICdon wi conadIuIelhe
.ectJoo of an .arthen d.... and ........ 01 pIIar8 at the .nlrancllo th. culvert. .AddIUonal QI""1g of wi be pIOVIded.1S necessary. PaonneI training and 􀁤􀁉􀁉􀁉􀀢􀁾 ...In ....r. 2)Offt..
. ElICh vehicle II􀁾with • ahoveI and two IlbIorbenl pilla.... Th. 􀁤􀁲􀁾􀀮􀁲 II InaIruct8d 10 achieve emargencoy contanme"" • possible, then cal the 􀁡􀁭􀁥􀀮􀀱􀁡􀁲􀀧􀀮􀁾􀀮 . 8.penonnel
. 􀁾􀀮􀀮 J:h"l All panannet ... bIeft Inltnded and ......... In.. following Ipil prevention and oaunt......... pIInI: 1) No tanka or􀁾10be iliad wIIhout prior chtckJng reHrv... 􀁾􀀮
2) No pump oparalionl-.a, IIIIIndad contlnuaual1. 3) Warning iGna IN dlIpIIfed 10􀁾lor line dIIconnectlon. before vehicle depart..,... . . . ..) In8lruc:llon hu been held on 01'" prevention,
containment. and • ,..... 􀁭􀁬􀁬􀁾and • -dryofUn-drllior an onlil. vehicular Iplil incident hIS been condudad. 5) tnstruedona Mdphone numbara .... bean􀁾and 􀁰􀁯􀁓􀁉􀁾 at the oIb regarding
the report 01.·tplllo the EPAand Ihe Washington swa DaparImInt 01 £cOIocW. '," . 18 11 \
I't,.j,.. 1JcInIe Humber: OOOCH)O. . 􀀺􀁾􀀢 SlgnaIw.: CERnFICATION: Englne.r: 8• .,I. Embo ..,: . • 􀁾􀀧􀀬 ' .. .􀀺􀁾 .t' .' 􀁾.... ;' .. •it'· •• , 􀀢􀁾􀁉􀀢􀀬 4.􀁾of phyIIcII cIImIge
:'. 3. wat.rcourM affected I.COIIofd..... e. COlI of dlanup 7. cause cI tpII 8• .cdon taken III prevenI NClUrf8Ia Oal. of Inltlll Operallon '. The d....hat.. faclllly began aperillori.
. ' '. 􀀮􀀮􀁾􀀮􀀧 ",' . location of Fadly·ThIImaybe.wOrddtlcrlpllon. ordty addre..which can be luppcNted br ... mlpl., ',' . ;' '. '<I' 􀀮􀀧􀁾􀀧 NameandAddrMIofOwner.u.u.IyMllddrea remoIe
from .... facUity 1ocatJan.. f 􀀮􀁾􀁉􀁟. •:1'" I 􀁾􀀮 :1, .,.. ,DeIIcIn*dPmon 􀁾􀁦􀁡􀁲􀁏􀁬􀀸􀁰􀁬􀁬􀁦􀁴􀁎􀁶􀁍􀁬􀁄􀁮􀀮􀁾􀀢􀀧􀀱􀁨􀁯􀁵􀀱􀁤 haVlIOlM ptfIOII with 01 ... ........,. ThII ptIIGII
IhouId be 'hoIoughIr tam..,....fw,. Ion Md .... ..., SPCC Plan. ' ,(II , ,... . . t' . .. ", .•.....h,.·. _'.IIc,.\: • • 011 Spli HIIIory'. ThII Mc:tIon embe eIIhir • ruclllte dec:tanIIIDn.
or a I detailed hIIIDIy cllIgrIIIicM which occurredInfw month I' period prior to .... publication of ,.1I111on. In ........r typical I information would Indudr." .' .[';C. . . '. I •
. . . 􀀬􀁾􀀮 ,.; ". .!'" of 􀁾 . 1.tp and MlGUfII of 01 epIItd 􀁾 , J .' , 􀁾 t'll:.,. .....'., .... 2. 1ocaIIon. dale Mel .... of apII(l) . ..􀀯􀁾 "'0":, ••:.' APPENDIXB SAMPlE SPCC
PLAN SpII Prevenlion Contral and CourilllMUur. Plan ABC OL COMPANY 100 N.venpll Road Paat OIIice Box 100 cu... WIlIhIngIon 88000 TeIIIIhoI.. (123) 458-7_ ConIact John Doe. OWner &....,
HIm.: ABC 01 CGmp8ny 􀀧􀀮􀁾. .􀀢"􀀮'r 􀁾􀀬􀀮􀀮 ',w .. , 100 .._..lI1 n-.... I • It ,..... 􀁾􀀢􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮 I"'IUaU . 􀁤􀁬􀁾􀀧􀀮 Poll 0II1ct Box 100 ...Id:!' .0UvIe. WIlIhIngIon 0800
􀀬􀀮􀀬􀁾􀀧 Telephone: (123) 458-7880 aa.:0Ng0n . (SUI) Oat.: 10 January 1"74 1.Nam. and Owne"", :.5; 4 Manegement Approval· ThIs. aligned .....ment of a perIOfI wIIh th., authorhy to
conunI mlnllgMltnlllllmpltmtntlliDn of the PIIn. • ;.1" Certification·ThI' Is a........111 cI plan certIIcIdon under......... aIg....... Stat• and registration numbercia registered prafeulonal
engineer. Thecertifying engineer I, not nec:ellalily registered In the Stat. In which .... facilily .. located• , , .Same ... . 􀁾􀀺 􀀻􀁾􀀾 Owner: 􀁾􀀻..􀀢􀁾􀁾 . MaMgtr:." John Doe ..
505 011 AoIld 􀀮􀁾 0IIviIe. Wuhlngton 98000 . T.IIDhane: (123) 458-0987 􀀬􀁾 ·:1 18 13 .
; . Ii , . N01E:Aloflhe....1nIonnIIIIanmaybe.........on.􀀬􀀱􀁒􀁧􀁉􀁥􀁾􀀮 of an SPCC Plait. As••X8I1IpI•• 1nAppendix -A-IIa"'"enlIIIed "'Cell'lcalion In'ormallon.-FaCI'Y􀁾·AportIonoflhlpllnIhouId
IncbIe a 􀁾􀁉􀁯􀁮􀁯􀁦 􀁦􀁡􀁣􀁬􀁾 operallon whiQh would g....ra., Indlcale the magn'. of spIl pol.nllal. For ••ample. Ih. amount and en-of.., normaIlncrim.... of trans•• or paaem. o'
usage. .. dlslibrtlon. proce....ale. InIhIs.aIp••dIe direction o' lIowof .pilled oll.hould be_Indlcaled along w'h." ...which ..pertlnenl or InflUence spia polenllal. IIl1';lpprOpIiaIe
to IuppcMt IhIItp information br chn, tabfn. plol plans .Ic. 10 aid d-ay or pnMnoIe 􀁾􀀮 .. , . LOCl8IIon of F...,.The 􀁧􀁥􀁯􀁧􀁾􀀱􀁯􀁡􀁉􀁉􀁉􀁯􀁮 II an IntegralpMof th. SPCC Plan. l.ac:8IIon
8nd qJogilPhlc.....can be aIIcIIln""""lgthe ......CXX1S8quen08S of .... 011 spII. Source. tor IUCh mllpllnclude (1) U.S. Geological Survey. (2) Sial. HIghny OIpIrtmenl, (3) CounIr HIg...,
Engineer, (4) loceIlAnd Surveys. and (5)􀁾EngI.n..e.e.r. . ., " •... FllC!iitrlnspedlon.AIIIntpec:llanNPeJrtcover'.lgdlefaclllt1ln olequlpmenls. contalnm.nI. operation, drainage. HCUriIy,
ale. may provide ntlal In'ormallon 􀁮􀁾􀁳􀁳􀁡􀁲􀁹 10 Ionnufale theSPOCPlan. lhIr",1UCh repoda would beslserve In the more cOmplex I......andII not ODnIId«ed....sariIy an .lem.ntcommon
10 d SPec Plans. ( . ':', ·SPCC EXAMPlES . APPENDIXA 􀁾􀁐􀁬􀁅 QERTFICATION PAGE All example of a 􀁃􀀸􀁾􀁩􀁏􀁮 page tor an SPCC,PIIn llihown below. CERTIFICATION INFORMATION ' : 􀂥􀁾􀁪
􀁴􀀺􀀺􀁜􀁾􀂷􀀱 A. Nam. of 'F• ., • WaaNnglon Bu. Slorage Terminal B. Type of FadIly • Crude 01 S.ageand HIlRdlIng c. Oal. of ,,*1aI OperatIon. 1J....1rY 1974 O. Locallon of FIlCIty •
1111 Mllln SI,..., Seaftle. WA E. Nam. and Addr.., of Owner: ABC 01 Companr.. : P. O. Box 100 . Olivia, WA 98000 . ; F. Designated Pereon ReIponI" tor 01 SpI Prewi1llon: Name: John Doe·
.... !: Go 01 SpI HIIIory •"*faclllr .............. no ""nlac. .,. apllevent during the twerve monIlw prior to 10J...,.,y t174. ' li. Management AppronI. FullIIIJRMIIlI ...ended b1 b1
ManagelMnl a lev.1 wlh aUlhorftr to commIl .... MCIIAIY r.eource,loward ..•1prev.ntlon. . . Name: MI. A. A. Janet (.!. 􀀺􀀬􀁾.. " ..• , 11I1e: Prealdenl, ABC 01 CornpanJ . 1. Cerlilcallon
•• ...,..., examined the I , lacIIly and. being famIIar wlh pnwIslona of 40 em. Pm 112 all", tllil thII SPOC Plan hal been pNpared In accordance with good engineering ........ Name:
8. J. Embo Sign.....: sMrIIlncMbllllrade_dll1b. haNdMlaped SPCCPfanpnlp8l8llon guld.Unes lor .... br lheir memblrl. Gener." die•• guld wer. developed lor. palllcufar type of laicRy and
have been""helpfuL However. care should be .xerdHd noIlo rely IoIdf on .", IteraOIyped tormaL Each plan Is unique 10 lhe 􀁉􀁤􀁾 and requlrea lndivldullihoughl procNMIand llIIlorIng 10
.peci.ic spill haz8ld•• h AmerIcM P..........􀁾............ a bulledn ani.... -Suggested proQeduree tor DeveIapmenlofSpll'rMMnIIon CcnroI and eo.n.nneesure Plans(API Bullelln D16). 11111
wu deIIgned􀁾tor oU production 􀀧􀁡􀁣􀁬􀁬􀁩􀁬􀁾􀁳􀀮 lIMt.Nallonal 01 JobberI CouncI a ampI. SPCC Plan covering a .modesl.lzed bulkplanl wHchIncIudeI and graphic detals along wlIh a dike
dNlgn.pracadure. A copr of lhIIlllncIuded In Appendix "S-. 14 $lgnalur. (Seal) . Oa18: 10 "anuary 1974 0000-00 15 . t •. RegIstnltJon , Sial.: Oregc
􀁾 REGULATORY UPDATE RUSSIA AGREES TO STOP OCEAN DISPOSAL OF NUCLEAR WASTE The former Soviet Union has agreed to stop disposal of lowlevel nuclear waste in the Arctic Ocean in exchange
for U.s. assistance in expanding a liquid nuclear waste treatment facility in the Arctic. According to Congressional officials, the former Soviet Union has disposed of more than 2.5
million curies of low-and high-level radioactive waste at sea. A radioactive waste treatment facility in Murmansk, in northern Russia. does not have the capacity to treat the volume
of waste generated. Most of the waste was disposed of by Russia's Northern Fleet of navy vessels and by privately owned nuclear-powered icebreaking vessels operating out of Murmansk.
AGRICULTURAL RUNOFF RULED APOINT SOURCE Afederal appeals court decision expanded the definition of point sources of pollution under the Clean Water Act (CWA) to include wet-weather flows
from some farming operations. The decision, if upheld, could subject farmers to CWA citizen suits. Congressional leaders are considering legislation to clarify how runoff from agriculture
should be addressed. The court decision found that a farm in New York state was considered a point source subject to CWA regulations when it spread manure. The manure later entered a
nearby stream. To be exempt from the CWA, farms must have more than 700 dairy cattle housed on the farm and no crops grown at the feeding facility. The farm was producing crops, but
the court ruled that the fields were not part of the dairy operation, and therefore made the farm subject to CWA regulations. MARINE POLLUTION PREVENTION STRATEGIES ADDRESSED Efforts
to prevent marine pollution from land-based sources will be addressed at an international meeting scheduled for March 1995 in Reykjavik, Iceland. Countries attending the meeting will
divide the problem into components that can be addressed regionally. Land-based sources account for 70% to 90% of marine pollution. OFFICE OF WATER ABANDONS CWA REAUTHORIZATION With
Clean Water Act (CWA) reauthorization stalled and little hope for passage in the next Congress, EPA's Office of Water will shift its focus to meeting other water objectives. EPA officials
say that the prospect of passing a CWA reauthorization bill in the next session of Congress is slim, and resources should be spent on meeting water quality objectives under the current
CWA. Although specific objectives have yet to be developed, some new priorities include wetweather flows and watershed-based approaches to water quality problems. EPA officials also
say that if Congressional leaders or the administration decide CWA reauthorization is once again a high priority, then the agency will dedicate resources to support it. DRAFT WATER QUALITY
MONITORING REPORT RELEASED The U.S. Geological Survey's Intergovernmental Task Force on Monitoring Water Quality has developed a draft report for I integrated, nationwide strategies
for water quality monitoring. The draft report, scheduled to be completed by January 1995, makes recommendations to improve water quality monitoring and includes physical, chemical,
and biological approaches. The five purposes of water quality monitoring identified in , the report include characterizing status and trends, identifying and ranking existing and emerging
problems, designing and implementing programs and projects, evaluating programs success and project compliance, and responding to emergencies. For more information, contact Nancy Lopez,
US Geological Suroey Office of Water, (703) 648-5014. VOC EMISSIONS STANDARDS PROPOSED New standards for volatile organic compound (VOC) emissions from synthetic organic chemical manufacturing
wastewater have been proposed by EPA (59 FR 46780, September 12). The proposed rule would require that "best demonstrated technology" be used for new, modified, and reconstructed process
units to control wastewater emissions. The proposed standards are based on the availability of steam stripping treatment technology, which has been found to achieve the greatest VOC
emission reduction among VOC control technologies. Biological treatment must achieve a 95% reduction of VOCs to be considered equivalent to steam stripping. In addition, biodegradation
may be used in a series of processes where VOC reduction reaches 99%. r--CONGRESS REAUTHORIZES WETLANDS FUNDING I HAZARDOUS SPILL RESPONSE PLAN FINALIZED Legislation to reauthorize and
expand the North American EPA has finalized revisions to the National Oil and Hazardous Wetlands Conservation Fund (NAWCF) has been passed by Substances Pollution Contingency Plan (NCP).
The NCP out-Congress and signed by President Clinton. The NAWCF, sponlines the organizational structure and procedures for preparing sored by Rep. Curt Weldon (R-Pa.) and Rep. John Dingell
for and responding to oil discharges and releases of hazardous , (R-Mich.), increases funding to protect wetlands to $20 million substances. Changes to the national response structure
include in fiscal years 1995 and 1996 and up to $30 million in 1997. creating local planning committees and a national response Funding for the current program would have expired in
1995. unit to coordinate spill response resources. EPA also has up-For more information, contact the office ofRep. Curt Weldon, dated the NCP list of bioremediation agents and other
oil spill (202) 225-2011. control substances, and has created the Oil Spill Liability Trust 'f'i;: Fund t? reimburse 􀁲􀁾􀁰􀁯􀁮􀁳􀁾 and cleanup costs. For more in-I: 􀁾􀁁􀁔􀁅 􀁗􀁾􀁔􀁅􀁒􀀮􀁔􀁏􀁘􀁉􀁃􀁓
􀁐􀁒􀁾􀁒􀁁􀁍 RESCINDED formatIon, contact Rich Noms, EPA, (703) 603-9053. ' The Callforma water tOXICS standard program has been rescinded following a court battle. Five municipal and
industrial dischargers won a lawsuit against the California State Water Resources Control Board, challenging its inland surface waters plan and enclosed bays and estuaries plan. Toxic
permit limits will be based on regional water quality plans and federal guidelines until the state can adopt new toxics standards. EPA is expected to adopt federal rules in July 1995.
NOVEMBER 1994 •
Request for Data and Comment on Response Strategies for [Federal Register: October 26, 1994] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 112 [FRL-5086-4] Request for Data and Comment
on Response Strategies for Facilities That Handle, Store, or Transport Certain Non-Petroleum Oils AGENCY: U.S. Environmental Protection Agency (EPA). ACTION: Notice and request for data.
SUMMARY: The U.S. Environmental Protection Agency (EPA) is publishing a notice and request for data regarding issues concerning the Clean Water Act section 311 (as amended by the Oil
Pollution Act of 1990) requirements for facility response plan preparation as applied to nontransportation-related, onshore facilities that handle, store, or transport animal fats and
vegetable oils. This notice is, in part, in response to a Petition for reconsideration of EPA's final facility response plan rule (Final Rule), (59 FR 34070, July 1, 1994), submitted
to EPA by seven agricultural organizations. The Petition asserts that EPA does not adequately treat these oils differently from petroleum and toxic non-petroleum oils in the Final Rule.
In support of their Petition, these organizations rely on studies that draw several conclusions concerning the physical, toxicological, and chemical properties of animal fats and vegetable
oils compared with other types of oil. This notice summarizes the Petition, and asks for data and comment to assist EPA in determining whether and how the differences in properties of
various oils warrant further different treatment, including possibly creating separate facility response plan regulatory regimes for these oils beyond the regime established in the July
1, 1994 Final Rule. DATES: Submit written comments on this notice on or before January 24,
PANTMSTR.XLS 1/4/94 8:54 AM REVENUE PROJECTIONS FROM ROUTINE CONTRACTS I JUDGEMENT FACTOR 95% SALES TOTAL $ BCMS SALES IJUDGEMENT, CLIENT FORECAST FACTOR IDC<$1MM NAVFAC USACE USAF OIlier
SCOPE 2 IDC COIItrac1a, Varloua 2 IDC COIItrac1a, Varloua 1 IDC COIItrac1, Varloua 2 Line lIem COIIlrac18, Var. TYPE $5OOKX2 $5OOKX2 $5OOKX2 $25Okeac $2,000,000 $2,000,000 $1,000,000
$500,000 $2,000,000 $2,000,000 $1,000,000 $500,000 GO GET 100% 100% 50% 100% $2,000,000 $2,000,000 $500,000 $500,000 $1,900,000 $1,900,000 $475,000 $475,000 1 QTR94 $158,333 $59,375
2 QTR 94 3 QTR 94 4QTR94 $158,333 $158,333 $158,333 $158,333 $158,333 $158,333 $59,375 $59,375 $59,375 $59,375 $59,375 REVENUE PROJECTIONS FROM LARGEIKNOWN CONTRACTS SIT EST. AWARDS
JUDGEMENT FACTOR SIT FORECAST SALES .. 􀂷􀂷􀂷􀀺􀀺􀀻􀁟􀀺􀁾􀀺􀁊􀀺􀀺􀀻􀁾􀀺􀀻􀀺􀁴􀁜􀁾􀀺 tt)t@:Jt!tt::;;;·;:;·· .....􀀻􀀻􀀮􀀺􀀺􀁾 :"tt􀀻􀁾􀀺􀁾 􀁾􀀻􀀻􀀺􀀺..􀀺􀁾􀁾􀀺 􀀺􀀻􀀺􀀺􀀺􀀺􀀻􀀺􀀻􀁾􀀺􀀺􀀺􀀺􀀺􀀻􀁽􀀺􀀺􀀺
.:{::;.;::::;:t;:;::::;:::"·'· I JUDGEMENT 50% $5,000,000 95% I $4,750,000 $217,708 $376,042 $435,417 $435,417 CLIENT SCOPE TYPE TOTALS SALES BCM$ GO GET SALES IJUDGEMENT FORECAST FACTOR
II QTR 94 2 QTR 94 3 QTR 94 4QTR 94 IDC S1MM-S20MM KNOWN COE Banlmore COEFIWorih COE Mobile(2) COE Banlmore(2) COE Bulfalo COE Kansas CI1y (4) COEOmaha SIT EST. AWARDS JUDGEMENT FACTOR
SIT FORECAST SALES Envlr Planning Envlr Planning HTRW (30% BCM sub) HTRW (50% BCM prime) HTRW (25% BCM sUb) HTRW (25% BCM sub) HTRW (25% BCM sUb) $3mm XSy $15,000,000 $3mm xsy $15,000,000
$IOMM $10,000,000 $5MM x3y $15,000,000 $IMM X2y $2,000,000 $5MM x4y $20,000,000 $5MM x4y $20,000,000 $15,000,000 $15,000,000 $3,000,000 $15,000,000 $500,000 $5,000,000 $5,000,000 􀁾
10% 5% 10% 10% 5% 5% 5% $1,500,000 $750,000 S3OO,OOO$1,500,000 $25,000 $250,000 $250,000 $4,575,000 50% I $2,287,500 $750,000 $375,000 $150,000 $750,000 $12,500 $125,000 $125,000 $114,375 $114,375 $114,375 "
1995. ADDRESSES: Address comments on this notice to the docket clerk at the following address: U.S. Environmental Protection Agency, SPCC-3, 401 M Street, SW., Washington, DC 20460.
Send one original and two copies to the regulatory docket and identify the copies by regulatory docket reference number SPCC-3. The docket is open from 9:00 a.m. to 4:00 p.m., Monday
through Friday, excluding Federal holidays. Docket materials, including any materials referenced in this notice, may be reviewed by appointment by calling (202) 260-3046. (The titles
of docket materials referenced in this notice are listed in Section VI.) Interested persons may copy a maximum of 266 pages from anyone regulatory docket at no cost. Additional copies
are $0.15 per page, plus a $25.00 administrative fee. FOR FURTHER INFORMATION CONTACT: Bobbie Lively-Diebold, Oil Pollution Response and Abatement Branch, Emergency Response Division
(5202G), U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460, at (703) 356-8744; the ERNS/SPCC Information line at (202) 260-2342; or the RCRAlSuperfund Hotline
at (800) 424-9346 (in the Washington, DC metropolitan area, [703] 􀀴􀀱􀀲􀁾􀀹􀀸􀀱 0). The Telecommunications Device for the Deaf (TDD) Hotline number is (800) 553-7672 (in the Washington,
DC metropolitan area, [703] 412-3323). SUPPLEMENTARY INFORMATION: I. Background A. Introduction On July 1, 1994, EPA published its Final Rule amending the Oil Pollution Prevention regulation
(40 CFR part 112) to incorporate new requirements to implement section 4202(a)(6) of the Oil Pollution Act of 1990 (OPA), amending section 3110)(5) of the Clean Water Act (CWA). (See
33 U.S.C. 13210)(5).) (Oil Pollution Prevention; NonTransportation-Related Onshore Facilities; Final Rule, 59 FR34070, July 1, 1994.) The Final Rule directs certain facility owners and
operators to prepare plans for responding to a worst case discharge of oil, and to a substantial threat of such a discharge. Under authority of section 3110)(1 )(C) of the CWA, the Final
Rule requires planning for a small and medium discharge of oil, as appropriate. Under section 4202(a)(6) of the OPA, these planning requirements apply to owners and operators of all
offshore facilities and any onshore facility that, "because of its location, could reasonably be expected to cause substantial harm to the environment by discharging
PRNTMSTR.XLS 1/4/94 8:57 AM :".;" REVENUE PROJECTIONS FROM OTHER CONTRACTS I BOOKINGS GO SALES JUDGEMENT CLIENT SCOPE TYPE TOTALS BCMS GET FORECAST FACTOR 1QTR94 2QTR94 3QTR94 4QTR94
OTHERRPF'S KNOWN ?/COE 􀁂􀁡􀁾􀁬􀁲􀁮􀁯􀁲􀁥 TERC (5'll> BCM) IDC $looMM $5,000,000 15'll> $750,000 $375,000 ?/COE savannah TERC (5'lfl BCM) IDC $looMM $5,000,000 10'lf. $500,000 $250,000
?/COE Tulse TERC (5'lfl BCM) IDC $5.000,000 $0 $0 ?/COE Kenses CI1y TERC (5'lfl BCM) IDC $5.000,000 $0 $0 USAFAMC 1995+ $0 $0 USAFACC 1995+ $0 $0 USN LANTDIVISDIV Env S_, Le1e 1994 IDC
$2OMM $20,000,000 $0 $0 CSCIUSAFCEE W/Wfde S_(10'll. BCM) IDC $3OMM $3,000,000 5'll. $150,000 $75,000 USAF/CSC Test Ranges Environmental IDC N/A $1,000,000 5'lfl $50,000 $25,000 ?/Aberdeen
AMC Facll Matr Plens (10'lfl BCM) $10MMx $3OMM $3.000,000 5'll. $150,000 $75,000 COM Fed ProgiEPA RAC Contrac1 (10'll. BCM) $IOMMx $5OMM $5.000,000 10'll. $500,000 $250,000 FAA Hazrnsl
Mgl Plen lor UST Uneltem NIA $2,000,000 5'll> $100,000 $50,000 COE Europe/Pickering HTRW (50'll. BCM) $5OOkx2y $IMM $500,000 2O'll. $100,000 $50,000 DCMA Program EIS (25'll>BCM) $2MM
NIA $2,000,000 5% $100,000 $50,000 DOE Savannah River Project X $5OOkx3y $1.5MM $1,500,000 10'll> $150.000 $75,000 DOE Sandia Sampling Program $5OOkx5y $2.5MM $2,500,000 10'll> $250,000
$125,000 SIT EST. AWARDS . $2,600,000 Judgemenl Factor " 5O'll> SIT FORECAST BOOKINGS I $1,400,000 $70,000 $70,000 $70,000 111994 FEDERAL AWARDS NET REVENUE PROJECTIONS -r $276,208 $863,917
$1,074,792 $I,074,792 GRAND TOTAL SUMMARY 1QTR84 2QTR84 3QTR84 -4QTR84 PROJECTED NET REVENUES FROM PRE 1993AWARDS $150,880 $336,080 $288,080 $236,080 PROJECTED NET REVENUES FROM 1993AWARDS
$1,121,000 $1,286,286 $1,145,286 $1,190,286 PROJECTED NET REVENUES FROM FORECAST 1994 AWARDS $276,208 $863,917 $1,074,792 $1,074,792 TOTAL NET REVENUE PROJECTIONS $1.548,088 $2,486,282
$2,508,157 $2.501,157 .'
" EPA ANNOUNCES PROPOSED CHANGES TO THE OIL POLLUTION PREVENTION REGULATION In resoonse to severai notaole all sciils in the U.S. over the last decace. the Environmental Protection Agency
(EPA) has re-examined the regulatory ertectlveness of its national oii ootlution prevention reguiations. In 1989. after a four million gaUon tank collapseo at the Ashland Oil Comcany
in Floreffe. Pennsylvania. EPA orgamzed a speclaitask force to investIgate the incident. The Task Force preparea a report that incluced recommendations to improve me 'effectiveness of
its Spill Prevention. COntrol. and Countermeasures (SPCC) ruie. In aaditidn. the General Accounting Office (GAO) concucted an Indepenaent investigation of the Ashland spitl and also
determined that 􀁾􀁨􀁥􀁆􀁥􀁤􀁥􀁲􀁡􀁴 regulations should be reviseo to inclUde more stringent requirements. In 􀁾􀁥􀀵􀀰􀀰􀁮􀁳􀁥 to Dom me SPCC iask Force and GAO reports. EPA plannec
a two pnaseo :moroacn 􀁾􀀺􀀺􀀺􀀻 :ne regUlatory cnanges. On Octocer 22. 1991. the procosea Phase One revisions to the SPCC .ule were publishec In the Federal ReQlster. FacUities atfectea
by this rule include all nontranscortatIon-relateo onsnore facilities with an above-ground oit storage cacacity greater than 1,320 gallons. or 660 gallons io a single container. and
facilities with an underground storage cacacity of greater than 42.000 gattons. Regulated facilities are limitec to those that. because of their lecation. could reasonably be expected
to discnarge all into me navlgaole waters of the United States or adjoining snoreiines. The revised SPCC .ute. in addition to strengthening and clarifying previous regUlatory language.
outlines the additional requirements that may imoact the regUiatea c::mmunity. There are four sIgnificant changes in the reCently pracosea rule 'ncluclng me ImClementatlon of notificatiOn
reauirements. aaditional SPCC Plan 􀁾􀁥􀁡􀁕􀁬􀁲􀁥􀁭􀁥􀁮􀁴􀁳􀀮 revlsea seconaary containment reaUirements. ana the !nCIUStOn at two .new EPA recommenaatlons. Notification ReoUirements
Among me newly proposea reauirements is a 􀁯􀁮􀁥􀁾􀁴􀁩􀁭􀁥 manaatory notification process. Escn SPCC-regulated facility wlil be required to complete the notification form anacnea. in
the form of Appendix 8. to the Phase One rule. Owners anc operators must c::mOlete this form Within 60 days of the date of the final rulemaking, which is expectea to occur in the summer
of 1992. EPA is planning to develop an inventory aataoase to orocess the faciiity-specific information provided on the notificatIOn form.
spec Plan Requirements ) -,J /Other cnanaes In the Phase One rUle involve the preparation and amenament of spec Plans for new and existing facilities. in the proposea rule. the owner
or Jperator cf a new facility must prepare ana fully implement a Plan before oeginning operations. In contrast. unaer the current rule. a-six-month lag time is permissible between the
start of operations and implementation of an SPCC 􀁐􀁬􀁡􀁮􀁾 Under the proposed revisions. the Plan must be amended before any change is maae that may affect a facility's discharge potential.
The SPCC Plan must be certified by a Registered Professionai Engineer (PE). The language in the rule regarding Plan certificatIon has not changed. but EPA soiicits comments on two-unresolved
issues related to the status of the PE. Specifically, the Agency is seeking industry comment on whether the PE should be registered in the same State in which the facility is located
and whether the PE should be financially independent of the facility. Seconaarv Ccmammenr Ccmammenr AeoU/remenrs The statutory ianguage pertaining to secondary containment has alSO oeen
amended in the proposed Phase One ruie to ensure that the containment requirement is nOt to be interpreted as a discretionary measure. In order to emphasize the mandatory nature of the
reauirements. EPA ti'as replaced the word "should" with the word "shall". This change is intended to clarify the obligations of the regulated community. In addition. EPA is proposing
to clarify the requirement regarding impermeability, by stating that the entire containment structure. including the walls and floor. must be impervious to oil for a 72-hour period.
As in the current rule. the Phase One rule ailows owners and operators the option of not providing seconaary :onta[nment [f they can demonstrate that it is imoracticable. In this case.
they must prepare a strong ali so111 ccntlngency plan and a wntten commItment of cersonnel. eauipment. and matenals for spIll control ana removaL Seconaary contaInment for facilities
that use use oil operationally, rather than for storage purposes. has been identified as a situation where a containment structure may not be applicable. Under the proposed revisions.
facilities unable to provide seconaary containment structures wiil be required to conduct tank integrity testing every five years. c:moared with a 􀁴􀁥􀁮􀁾􀁹􀁥􀁡􀁲 interval required
of faciiities with approonate containment structures. EPA Recommenaations In addition to establishing the above mentioneo requirements. EPA has proposeo two significant recommendations.
EPA believes that implementation of these provisions at most facilities will decrease the likelihood of oil discharge and will mitigate those spills that may occur. It should be noted.
however, that these recommendations do not aoply to production facilities. The first recommendation
suggests that tacliities have all buried piping testeo annuaily or monttorea monthly for integrity ana leaks. The Agency also recommends that recorcs be kept ot the testing or monltonng
tor five years. The-secone Agency recommencation suggests that 􀁾􀁡􀁣􀁩􀁬􀁩􀁴􀁩􀁥􀁳 poSt vehicle weIght restrictions to crevem damage to undergrounc piping. EPA is Stili evaluating the
extent to which these provisions would further Improve the effectiveness of the SPCC regUlation. SPCC Information Line The Phase One changes outlinee in this article wiil be followed
by additional Phase Two requirements. These changes have resulted from the increasea public concern over oil spill prevention and protection.in the United States. Over the next year.
the Agency will conduct a comprehensive outreach program to ensure that all members of the regulated community are aware of the proposed revisions. In addition. an SPCC information line
is in place to answer any questions regarding the current oli ooHution crevention program. The information line can be reacned by ::iaiing t2021 260-2342.
..􀁾 ) REVIEW AND APPROVAL OF RESPONSE PLANS FOR OIL COMPLEXES WITH MULTI-AGENCY JURISDICTION Some onshore complexes subject to the response planning requirements of Section 311(j) (5)
of the Clean Water Act, as amended by Section 4202 of the Oil Pollution Act (OPA) of 1990, have both transportation-related and non-transportation related facilities as defined in the
Appendix to 40 CFR Part 112, the Environmental Protection Agency's (EPA) Oil Pollution Prevention regulation. By Executive Order 12777, these complexes will be subject to multi-agency
jurisdiction for the purposes of response plan review and approval for the portions of the OPA response plan requirements that address transportation and nontransportation related facilities.
An example of a complex regulated by several Agencies is a non-transportation bulk storage facility regulated by EPA with a marine transfer component regulated by the U.S. Coast Guard
(USCG). Another example is a marine transfer facility regulated by USCG with break-out tanks regulated by the Research and Special Programs Administration (RSPA). The USCG, in the Department
of Transportation (DOT), through 33 CFR Part 154 will require response plans for applicable marine transportation related facilities. EPA, through 40 CFR Part 112,. will require response
plans for applicable onshore nontransportation related facilities and RSPA, in DOT, under 49 CFR Part 194 will require response plans for applicable onshore transportation related facilities,
namely pipelines and pipeline facilities including break-out tanks. The USCG, EPA and RSPA suggest that onshore complexes that are composed of both transportation related and nontransportation
related facilities may prepare only one response plan to cover the entire complex. Where appropriate, the respon$e plan can have separate sections that address different regulatory provisions
or various definitions that apply to the part of the complex regulated by different Agencies, e.g., the amount of a worst case discharge. Owners or operators can can choose the format
for the response plan, but must prepare a crossreference sheet that notes which elements of the plan pertain to the requirements of USCG, EPA and RSPA. Owners or operators must submit
the required number of copies of the plan for review and approval to each appropriate Agency as required by its respective regulation(s) . -USCG and EPA On-Scene Coordinators, the Federal
officials designated by the Administrator of EPA and by the Commandant of the USCG to coordinate and direct Federal response under subpart D of the National Contingency Plan (40 CFR
Part 300), may review response plans for facilities geographically located within their respective areas of responsibility. Any response plan concerns raised would be resolved through
interagency discussions. Final approval of the response plan would remain with EPA for
) facilities in the complex subject to 40 CFR Part 112, with the USCG for facilities in the complex subject to 33 CFR Part 154, and with RSPA for facilities in the complex subject to
49 CFR Part 194. For further information on response plan rules, please contact the following: -U.S. Coast Guard, Marine transportation-related facilities (published in the Federal Register
February 5, 1993, p. 7330)-Lieutenant Commander Walter (Bud) Hunt (202) 2676230; -U.S. Environmental Protection Agency, Non-transportationrelated fixed facilities (published in the Federal
Register on February --, 1993, p. --) -Bobbie Lively-Diebold (703) 356-8774, or ERNS/SPCC Information Line (202) 260-2342; -Research and Special Programs Administration, in the Federal
Register January 5, 1993, p.244) Ulrich (202) 366-4556 or the RSPA Docket Room, 5046. (published -Lloyd W. (202) 366-
􀀮􀁾 COMPARISON OF RESPONSE PLANNING REQUIREMENTS UNDER THE ENVIRONMENTAL PROTECTION AGENCY (EPA), U.S. COAST GUARD, AND TIlE OFFICE OF PIPELINE SAFETY (OPS) REGULATORY PROGRAMS This
comparison is one approach that provides a general guide to the location of response plan elements in facility response plans prepared in accordance with the EPA, U.S. Coast Guard, or
OPS format. This comparison provides the key references for the major response plan elements and, therefore, is not intended to be exhaustive. RESPONSE PLAN ELEMENT ENVIRONMENTAL U.S.
COAST GUARD OFFICE OF PIPELINE II PROTECTION AGENCY SAFETY ""--PROPOSED REGULATION} APPENDIX A OF THE INTERIM FINAL §lS4.103S OF THE REGULATION4 § 112.20 APPENDIX G INTERIM FINAL NVIC3
REGULATION2 Cross Index 􀁒􀁥􀁱􀁵􀁩􀁲􀁾􀁤 if Required if EPA format EPA format (a)(5) 8(a)(5) As appropriate not followed not followed Emergency Response Action Plan (h)(l) 1.1 (b) and
§154.1041 8(b) As appropriate Facility Information (h)(2) 1.2 (a)(I), (a)(2), and (g)(l) 8(a)(I),8(a)(2), Section 1(b) and (f)(l) FaCility Owner/Operator Contact (h)(2) 1.2 (a)(3) 8(a)(3)
Section l(a)(I) Information ",,"-" Table of Contents As appropriate As appropriate (a)(4) 8(a)(4) As appropriate Record of Changes for Plan Update As appropriate As appropriate (a)(6)
and 8(a)(6) Section 8 §154.1065(2)-(3) Notification Procedures: Emergency notification telephone list (h)(3)(iii) 1.3.1 (b)(I)(i)(A), (g)(2), 8(b)(1 )(i)(A), Sections l(b)(2), and §154.1041(a)(3)
8(f)(2), and lO(c) 2(c), 5(a), 5(d), 9(a), 9(d), and 9(f) Spill response notification form (h)(3)(iv) 1.3.1 ,,' (b)(I)(ii) 8(b)(1 )(ii) not mentioned *Identification of Qualified IndiViduals
(h)(2) 1.2 (b)(l)(i)(A) and §154.1026 5,5.4, and Sections l(b)(2), 8(b)(1 )(i)(A) 5(b), and 9(a)
RESPONSE PLAN ELEMENT ENVIRONMENTAL U.S. COAST GUARD OFFICE OF PIPELINE PROTECTION AGENCY SAFETY PROPOSED REGULATlON1 APPENDIX A OF THE INTERIM FINAL §154.1035 OF THE REGULATlON4 § 112.20
APPENDIX G INTERIM FINAL NVIC3 REGULATlON2 *Responsibilities of Qualified (h)(3)(ix) . 1.3.5 (b)(3)(ii) and §154.1026 5.4 and 8(b)(3)(ii) Section 4(b) IndividualS Spill Volumes/Discharge
Scenarios: §154.1025 and §154.1045 1.5.1 '-... Planning volume for average most (h)(5)(ii) (b)(2)(i)(A) and 5, 8(b)(2)(i)(A) As appropriate probable (small) discharge Appendix C and
Appendix C Planning volume for maximum most (h) (5) (iii) 1.5.1 (b)(2)(i)(B) and 5, 8(b)(2)(i)(B) As appropriate probable (medium) discharge Appendix C and Appendix C Planning volume
for worst case (h)(5)(i) 1.5.2 (b)(2)(i)(C), §154.1029, 5, 5.2, 8(b)(2)(i)(C), Sections 1(b)(6), discharge and Appendix C and Appendix C 9(g), and 9(h) Disposal Plans (h)(7)(iii) 1.7.2
(b)(5) 8(b)(5) As appropriate *Spill response resources for worst See footnote 6 See footnote 7 case discharge:S Identification of spill removal (h)(3)(i) 1.3.3 and 1.7.1 (b)(3)(iv),
§154.1045(e), 8(b)(3)(iv),11(e), Sections l(c), 4(d), organization(s)/evidence of contracts and Appendix C and Appendix C and (9)(d) Equipment lists (h)(3)(vi) and 1.3.2 (g)(3), §154.1045(e),
8(f)(3), 11 (e), Sections 3(c), 3(d), (h)(7)(ii) and Appendix C and Appendix C 4(e)(1), and 􀀹􀀨􀁥􀀩􀀨􀀱􀀩􀀧􀁾 • Personnel lists (h)(3)(v) 1.3.3 (g)(3) 8(f)(3) Sections 3(e), 4(e)(2),
and 9(e)(2) Evacuation Plan (h)(3)(vii) 1.3.4 Not required Not required As appropriate Site-Specific Safety and Health Plan As appropriate As appropriate (g)(5) 8(f)(5) Section 9(k)(2)
Hazard Identification!Facility-Specific (h)(4) 1.4.1 (c) and (g)(l) 8(c) and 8(f)(1) Section 9(k)(1) Information Identification of sensitive (h)(4) 1.4.2 (b)(4), §154.1045(k), 8(b)(4),
lICk), Sections 9(i)(2)(i) areas/vulnerability analysis "and Appendix 0 and Appendix 0 and (ii)
RESPONSE PLAN ELEMENT ENVIRONMENTAL u.S. COAST GUARD OFFICE OF PIPELINE PROTECTION AGENCY SAFETY PROPOSED REGULATION! APPENDIX A OF THE INTERIM FINAL §154.1035 OF THE REGULATION4 § 112.20
APPENDIX G INTERIM FINAL NVIC3 REGULATION2 Analysis of Spill Potential (h)(4) 1.4.3 Not required Not required As appropriate Spill History (h)(4) 1.4.4 Not required Not required As appropriate
Discharge Detection Systems (h)(6) 1.6 Not required Not required . ' SectIOns 3(a) and '<; 9(c) Implementation of Response Activities (h)(7)(i) and 1.7 (b)(2)(ii), (b)(3), 8(b)(2)(ii)
Section 3(b), 3(c), (h)(7)(ii) and §154.1041(a)(1) 8(b)(3), and and Section 4 10 *Training5 (h)(8)(ii) 1.8.3 (e)(l) and §154.1050 8(e)(1) Section 6 *Drills5 (h)(8)(ii) 1.8.2 (e)(2) and
154.1055 8(e)(2) Section 7 Diagrams (h)(9) 1.9 (g)(l) 8(f)(1 ) Sections 9(i) and 9(j) Security (h)(lO) 1.10 Not required Not required As appropriate *Consistency with NCP and ACPs5 (g)
Not mentioned §154.1030(f) and 7(e) and 11(i) §194.107(c) §154.1045(k)(2) . ! Forthcoming proposed revisions to 40 CFR part 112, Oil Pollution Prevention regulation. 2 Interim Final
Rule, Response Plans for Marine Transportation-Related Facilities, 33 CFR parts 150 and 154, 58 FR 7330, February 5, 1993. 3 Interim Guidelines for the Development and Review of Response
Plans for Marine Transportation-Related Facilities Including Deepwater Ports, Navigation and Vessel Inspection Circular (NVIC) No. 7-92, September 15, 1992. See also Change 1 to NVIC
7-92, December 4, 1992. 4 Interim Final Rule, Response Plans for Onshore Oil Pipelines, 49 CFR part 194, 58 EB. 244, December 28, 1992. 5 The response plan requirements with an asterisk
refer to the response planning provisions under section 4202 of the Oil Pollution Act of 1990. 6 The references are for Group I-IV oils. See 33 CFR 154.1047 for Group V oils, arid 33"CFR
154.1049 for non-petroleum oils. 7 The references are for Group I-IV oils. See 11.2 for Group V oils, and 11.4 for non-petroleum oils. .--_.,:.;
United States Environmental Protection Agency Office of Solid Waste and Emergency Response Publication 93S0.S-QSFS February 1993 &EPA Facility Response Plans Office of Emergency and
Remedial Response Emergency Response Division 5202G Quick Reference Fact Sheet In 1990, Congress passed the Oil Pollution Act (OPA) in part to expand the scope of public and private
planning and response activities associated with discharges of oil. The OPA amends §311 of the Clean Water Act (CWA) to augment Federal response authority, increase penalties for unauthorized
spills, expand the organizational structure of the Federal response framework, and provide a greater emphasis on preparedness and response activities. CWA §311 requires the preparation
of plans to respond to a worst-case discharge of oil, and sets forth specific requirements for development of such plans. These response plan requirements apply to an owner/operator
of any onshore facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by a discharge of oil into navigable waters,l adjoining
shorelines, or the exclusive economic zone (i.e., "substantial harm facilities"). Section 311 of the CWA requires that owner/operators of such "substantial harm facilities" must submit
their response plans by February 18, 1993, or stop handling, storing, or transporting oil. CWA §311 also provides that a subset of "substantial harm 􀁦􀁡􀁣􀁩􀁬􀁩􀁾􀁩􀁥􀁳􀀢 (i.e., facilities
that could reasonably be expected to cause significant and substantial harm to the environment by discharging oil, or "significant and substantial harm facilities") must have their plans
approved by the Federal government. The President has delegated the authority to regulate non-transportation-related onshore facilities to the Administrator of EPA EPA is implementing
the CWA §311 response plan requirements in a proposed revision to . the Oil Pollution Prevention regulation (40 CPR Part 112). The purpose of this fact sheet is to provide general information
information on how EPA intends to implement the CWA §311 requirements. Specifically, the fact sheet addresses who must prepare plans, which plans must be approved, and what a facility
response plan should contain. WHO MUST PREPARE PLANS? ("SUBSTANTIAL HARM FACILITIES") Under CWA §311, only certain facilities are required to prepare and submit response plans, i.e.,
those facilities that could cause substantial harm to the environment. EPA has proposed two ways in which a facility may be identified as posing substantial harm: (1) through a self-selection
process; or (2) by determination of the Regional Administrator (RA). For the self-selection process, §112.20(f)(i) of the proposed rule lists specific criteria to help owner/operators
evaluate whether their facilities pose substantial harm (see Highlight 1). The proposed rule also provides more detailed information to help owner/operators interpret these criteria
to determine whether their facility should be regarded as a "substantial harm facility." For example, Appendix C of the proposed rule provides formulas to help evaluate whether a facility
is located at a distance that could cause injury to an environmentally sensitive area or shut down operations at a public drinking-water intake. (NOTE: Facility owner/operators may also
use an alternative formula provided that they document such use, as appropriate.) Appendix D of the proposed rule provides information on environmentally sensitive areas. 1 Navigable
waten; are defined in CWA §S02(7) and at 40 CFR 110.1 as waters of the United States, including the territorial seas. This defmition includes, among other things, lakes, rivers, streams
(including intermittent streams), mudflats, and wetlands.
Highlight 1 SELF·SELECTION CRITERIA Under the proposed rule, a facility would fall under the "substantial harm" category if it meets at least one of the following criteria: • The facility
has a total storage capacity greater than or equal to 42,000 gallons and performs overwater oil 􀁴􀁲􀁡􀁮􀁳􀁦􀁥􀁾 to or from vessels; OR • The facility has a total storage capacity greater
than or equal to one million gallons, and meets any one of the following conditions: -Does not have adequate secondary containment for each aboveground storage area; --Is located such
that a discharge could cause "injury" to an environmentally sensitive area; --Is located such that a discharge would shut down a public drinking-water intake; or --Has had, in the past
5 years, a reportable spill greater than or equal to 10,000 gallons. The owner/operator of any facility currently regulated by the existing Oil Pollution 􀁐􀁲􀁥􀁶􀁥􀁮􀁴􀁩􀁾􀁮 regulation
may consult the proposed rule for details on the self-selection screening process. If the selfselection process does indicate that a facility poses a threat of "substantial harm" to
the environment, the owner/operator would be required prepare and submit a facility response plan to the appropriate EPA RA CWA §311 requires that owner/operators of "substantial harm
facilities" must submit their response plans by February 18, 1993, or stop handling, storing, or transporting oil. Under the proposal, the RA also would have the authority to determine
that a facility may cause substantial harm, regardless of the results of the selfselection screening process. As set forth in §112.20(b) of the proposed rule, the RA's determination
would be based on factors similar to the criteria used in the self-selection screening process, as well as other sitespecific characteristics and environmental factors. .. IN ADDmON
TO THE SELF-SELECTION PROCESS, THE RA MAY DETERMINE mAT A FACILITY POSES SUBSTANTIAL HARM. Under the proposal, if an owner/operator determines that the facility does not have the potential
to cause substantial harm, the owner/operator would have to complete the certification form contained in Appendix C of the proposed response plan rulemaking. This form would be maintained
at the facility. ,In addition, if the self-selection process is completed using an alternative formula, the owner/operator would be required to notify the RA in writing and provide information
on the reliability and analytical soundness of the alternative formula. WHICH PLANS MUST BE APPROVED? ("SIGNIFICANT AND SUBSTANTIAL HARM FACILITIES") In addition to the requirement to
prepare response plans, CWA §311 establishes further requirements for a subset of facilities that could cause significant and substantial harm. CWA §311 requires that EPA must review
and approve the response plans submitted for these facilities. Under §112.20(f)(3) of the proposed rule, the " RA would identify these "significant and substantial harm facilities" using
a series of risk-based screening considerations. These considerations include factors similar to the criteria to determine substantial harm, as well as the age of the tanks, proximity
to navigable waters, and spill frequency. Facilities would be notified in writing of their status as posing significant and substantial harm. Under CWA §311, if EPA does not review and
approve a "significant and substantial harm facility" plan by August 18, 1993, the facility must stop handling, storing, or transporting oil. However, the number of plans needing review
may prevent RAs from approving all response plans by the statutory deadline. CWA §311 allows a "significant and substantial harm facility" owner/operator to seek Federal authorization
to operate for up to two years after the plan has been submitted where the owner/operator certifies that he or she has ensured by contract or other approved means the availability of
private personnel and equipment necessary to respond to a worst-case discharge. Under §112.20(b) of the proposed rule, owner/operators who seek such authorization may submit to the RA
a certification certification statement and proof that a written contractual agreement or other approved means is in place. Examples of "other approved means" may include:
••• certification that the owner/operator has access to the necessary personnel and equipment; Active membership in spill organization that ensures adequate access to the necessary personnel
and equipment; or Other specific arrangements approved by the RA upon the request of the owner/operator. Highlight 2 RESPONSE PIAN ELEMENTSUnder the proposed rule, elements of an effective response plan would include the following: -Emergency Response Action Plana -Facility name, type, location, owner, operator information
WHAT SHOULD A FACILI1Y RESPONSE PLAN CONTAIN? As discussed above, CWA §311 requires that the response plan must address certain critical items. CWA §311 requires that the response plan:
-Emergency notification, equipment, personnel, and evacuation information -Identification and evaluation of potential spill hazards and previous spills -Identification of small, medium,
and worst-case discharge scenarios and response actions To assist owners or operators in preparing response plans, Appendix G of the proposed rule includes a model facility response
plan that addresses CWA §311 provisions in a comprehensive and wellorganized manner. Highlight 2 outlines elements of the model plan. •••••• Be consistent with the National Contingency
Plan and Area Contingency Plans; Identify a qualified individual having full authority to implement removal actions, and require immediate communication between that person and appropriate
Federal authorities and responders; Identify and ensure availability of resources to remove, to the maximum extent practicable, a worst-case discharge; Describe training, testing, unannounced
drills, and response actions of persons at the facility; Be updated periodically; and Be resubmitted for approval of each significant change. -Description of discharge detection procedures
and equipment -Detailed implementation plan for containment and disposal -Facility and response resource self-inspection, training, and meeting logs -Diagrams of facility and surrounding
layout, topography, and evacuation paths -Security (fences, lighting, alarms, guards, emergency cut-off valves and locks, etc.) • A response plan would serve as both a planning and action
document, and the action portion should be maintained as an easily-accessible, stand-alone section of the overall plan. . would not need to prepare a separate plan to comply with CWA
§311 if they have already prepared a plan, provided that the original plan: (1) satisfies the appropriate requirements and is equally stringent; (2) includes all the elements described
in the model plan; (3) is cross-referenced appropriately; and (4) contains an Action Plan for use during a discharge. Under the proposal, the organization of the model plan and the information
contained in it would be representative of the format and level of detail needed to address the required response plan elements in an acceptable manner. However, EPA recognizes that
there may be many facilities with existing . response plans. Therefore, owner/operators generally Although Spill 􀁐􀁲􀁥􀁶􀁥􀁮􀁮􀁴􀁩􀁯􀁮􀁾 Control, and Countermeasure (SPCC) plans (i.e.,
prevention plans) and response plans are different, and should be maintained as separate documents, some sections of the plans may be the same. The proposed rule would allow the owner/operator
to reproduce and use those sections of the SPCC Plan in the response plan.
SPILL PREVENTION (SPCC) PLANS AND FACILTIY RESPONSE PLANS ARE DIFFERENT The CWA §311 requirements to develop a response plan will affect many facilities that are already subject to the
Oil Pollution Prevention regulation. This regulation, which has been in effect since 1973, applies to facilities that meet the characteristics set forth at 40 CPR §112.1 (see iUgMignt
3). The owner/operator of any facility subject to the Oil-Pollution Prevention regulation is required to prepare and implement an SPCC Plan. SPCC Plans 􀁦􀁯􀁾􀁮􀁳 on procedures to prevent
and control oil spills. In contrast, the facility response plans required by CWA §311 are intended to focus on reactive measures, such as how facility personnel are to respond to a discharge.
The response plan should be maintained as a separate document from the SPCC Plan and be easily accessible during an emergency. ". Under CW1'. 􀁾􀀳􀀱􀀱􀀬 certain facilities are required
to submit only the response plan to EPA' Highlight 3 FACILITIES SUBJECf TO THE OIL POLLUTION PREVENTION REGUlATION The Oil Pollution Prevention regulation applies to facilities with
the following characteristics: • Facility Type: Non-transoortation-related onshore facilities. • Oil Product Storage: The total aboveground storage capacity at the facility is greater
than 1,320 gallons (or greater than 660 gallons in a single container), or the total underground storage capacity is greater than 42,000 gallons. • Location: Facilities that, beC2use
of their location, could reasonably be expected to discharge oil into the navigable waters of the U.S. or adjoining shorelines. FOR MORE INFORMATION For more information, please call
the SPCC Information Line at (202) 260-2342, or the specific EPA Regional office. The mailing addresses for the offices and a map showing the geographic boundaries of the Regions are
contained in the proposed regulation. EPA Region 1 (617) 860-4361 EPA Region 5 (312) 886-6236 EPA Region 2 (908) 321-6656 EPA Region 6 (214) 655-2270 EPA Region 3 (215) 597-5998/1357
EPA Region 7 ((913) 551-5000 EPA Region 4 (404) 347-3931 EPA Region 8 (303) 293-1788 EPA Region 9 (415) 744-1500 United States Environmental Protection Agency (05-120) Wa.hlngton, DC
20460 OffIcial Buslnen Penalty for Private Use $300 EPA Region 10 (206) 553-1090 This document is not intended and cannot be relied upon to create rights, substantive or procedural,
enforceable by any party in litigation with the United States. Firat-Clan Mall Postage and Fees Paid EPA Permit No. G-35
Oil Pollution Act of1990 Environmental Front Page 16 Does your shore installation transfer oil (fuel) over water to or from vessels? Or does it store a million gallons or more? The Oil
Pollution Act of 1990 (OPA 90) is a federal law requiring certain facilities to prepare an oil spill contingency plan. Two categories of facility were created: "substantial harm" facilities
and "siBJli!icant and substantial harm" facilities (referring to harm to the enVlfonment that could be caused by a discharge to navIgable waters). The bad news. Four different regulations
were issued for four different types of onshore facility. There are four definitions ofharm and four variations ofthelaw's required plan. For each regulation under which you meet the
definition of' 'substantial harm", you owe that regulatory agency that plan variation. A facilIty under multiple regulators is called a' 'complex." Here's a summary of onshore regulations:
NON-TRANSPORTATION-RELATED (e.g., aboveground and field-constructed underground storage storage tanks) Environmental Protection Agency (EPA) 40CFR 112 PIPELINES Research and Special
49CFR 194 Programs Administration (RSPA) : :.:.:.:.:.;.:.... . '... :.::::::::::::::: : -.. :.:::;:::;:::::::::::::::::::::::.:.: ::::::::::-:-: :::::::::::::::.: ::: . 􀁟􀁊􀁦􀁬􀁩􀁟􀁾􀁬􀁩􀁬􀁡􀁾􀁉􀀡􀁾
􀁆􀀺 Yes, technically you could owe four plans to four agencies (actually just three agencies since RSPA has two regulations). Yes, you probably owe the EPA a plan even ifyou sent one
to the Coast Guard. The good news. You'll only do one plan, regardless ofhow many regulators you have to send it to. Ifyou followed NAVFAC's instructions oflast October, you sent your
existing Spill Contingency Plan to the EPA and the Coast Guard by the 18 Feb 1993 deadline. That was for interim complIance; for full compliance, NEESAis preparing guidance on writing
a smgle plan to honor the requirements of all four regulations. We intend to have a draft out by the end of the summer, ana a firial by the end of the year. How do you know what what
regulations you are "substantial harm" under? The flow chart on the opposite page will help you figure it out. And what about that other harm category, the "significant and substantial
harm" facility? Sometimes referred to as "sig and sub", it is a "substantial harm" faCIlity that could be particularly harmful. Such a facility is subject to comprehensive review by
each regulatory agency whose regulation it is "sig and sub" under, and it can't operate after 18 August 1993 unless its plan has been approved by such agencIes. The flow chart also determines
who you are "sig and sub" under. The bad news. The agencies haven't got the time to review all the submitted "sig and sub" plans by the 18 August 1993 deadline. Andyour plan wouldn't
be approved since it didn't provide all the information required in any ofthe four regulations. And 􀁥􀁶􀁾􀁮 if it did, they couldn't approve it because none of the regulations are fmal,
and your plan might not honor the final regulations. The good news. The regulations allow a facility to apply for authorization to operate without an approved plan for up to two years
beyond the 18 Feb 1993 statutory plan submittal date. You must have alrea4J lined up sufficient response resources to respond to a worst-case discharge. The Navy On-Scene Coordinator
(NOSC) for your area can help. Use the flow chart to determine who you owe a plan to (i.e., what regulations you are "substantial harm' , under) and ifanyone will have to approve your
plan (i.e., what regulations you are "sig and sub" under). Ifyou haven't already, IMMEDIATELY send two copies of your existing plan to every agency you owe a plan to, and IMMEDIATELY
apply for authorization to operate for two years without an approved plan to every agency that will have to approve your plan. Ifyou owe the EPA a plan, submit their three-page form
titled "Response Plan Cover Sheet" along with it. Ifyou've already submitted your plan without the form, save needless correspondence by sending it now. They use the form to determine
your harm category, so it is critical. Contact your Engineering Field Division/Activity or your NOSC for more information. Our NEESA point of contact is Don Cunningham atDSN551-3684
orcommercial (805) 982-3684. Continued on page 17
Page 15 Environmental Front Low Emission Vehicle (LEV) Program Southern California is the land of sunshine and smog. Southern California smog is generally caused by the exhaust of reactive
hydrocarbons and other items from vehicles. California has developed numerous regulations to deal with this problem. The Department of Defense (DoD) has the largest fleet of vehicles
in the .. .NEESA has been tasked to develop a California low emission vehicle plan, a national low emission vehicle plan, and a low emission vehicle implementation guide. Southern California
region. DoD can play an important part in the alleviation of this problem. The Navy was tasked to take the lead in low emission vehicles for DoD. This led to the establishment ofthe
low emission vehicle group at Naval Energy and Environmental Support Activity (NEESA). The low emission vehicle group at NEESA has been tasked to develop a California low emission vehicle
plan, a national low emission vehicle plan, and a low emission vehicle implementation guide. The group has recently completed the California Plan, and will begin work on the National
Plan later this year. The California Plan is written to provide DoD with early entry into the Ultra Low Emission Vehicle (ULEV) arena. The emphasis ofthe plan is on the Navy, but also
considers the Marine Corp and the Air Force. The basis of the plan is to install Compressed Natural Gas (CNG) fueling stations and to convert a large number of vehicles to use CNG. The
development of the California plan involved interagency cooperation and an extensive amount of research. Inventorying the Navy vehicle population in California and determining the size
and location of the fuel stations required extensive time and travel. The basic premise of the California plan is for the Navy to convert almost all of the 1989 or newer vehicles to
natural gas. We have established corridors on which goverment vehicles travel regularly in order to estimate the size of fueling stations or alternate fuel sites. By the end of this
year, there there will be over 600 CNG stations nationwide with public access and 55 of those station will be in Southern California. One benefit of this plan is that it will put DoD
ahead of the curve and allow the" do it early factor" (credits) to take affect. This plan will allow DoD to set a good example for other fleets to follow. The conversion to CNG is a
WIN--WIN--WIN situation. The Navy WINs because the cost of the fuel is about half the price of gasoline on an equivalent gallon basis. The Navy WINs because the vehicle emissions will
be reduced to the lowest level known except for electric's vehicles. The Navy WINs because the vehicle life is extended threefold with a corresponding decline in maintenance. The United
States is entering the natural gas age which has many benefits. It will require a multitude of changes, but the vast majority of the changes will be for the good. Just think about this:
there has NEVER been a natural gas SPILL. Point of contact for further information is Mr. Robert Miller NEESA Code III C3 at DSN 551-3590 or commerical (805) 982-3590. HTRWRA WBS Dictionary
AvailJIble The long-awaited Hazardous-Toxic-Radiological waste (HTRW) Remedial Action (RA) Work Breakdown Structure (WBS) Dictionary is now available for distribution from NEESA. Using
the WBS has been strongly encouraged by the Navy--and mandated by the Army Corps of Engineers--to help ensure accurate and uniform government and contractor cost estimates. The dictionary,
by defining WBS codes down to the third level, should assist the government and contractors in using the HTRW RA WBS properly. In July 1993, NEESA will distribute a handbook to all engineering
field activities containing the latest version of the HTRW WBS, the dictionary, and a short explanation of how the WBS is used. A supplement to this handbook will be distributed in October
1993 containing good examples of a: ·Basis of Design (for RA construction projects). 'Statement of Work (for RA service projects such as RA work plans or long-term operation and maintenance
of pump-and-treat systems). ·Detailed Government Cost Estimate (for construction and service projects). 'Contractor Proposal (for construction and service projects). For additional information,
or an advance copy of the the HTRW RA WBS dictionary, contact John Fringer, or Robert Nash, NEESA Code 112E4, at DSN 551-4856 or 5070, commercial (805) 982-4856, or 5070, FAX: (805)
982-4832 or -4303
􀁐􀁡􀁾􀁥 17 DOES THE COMPLEX... Environmental Front I START I SUBSTANTIAL HARM: Indude a I ve. MARINE TRANSPORTATION-RELATED PlAN deepwater port? required for deepwater port and 88S0dated
marine transfer faalities no Is vessel oil capacity 􀁾 10,500 gal? (regardless of SUBSTANTIAL HARM: Tmm;fer oil to I ve. amounts actually transerred) Iv.. MARINE TRANSPORTATION-RELATED
PLAN or from a vessel? required for marine transfer facility (also covering deepwater port, if present) no no I 􀁾 Is marine transfer faality mobile? (e.g., tank truck at dock) I no
SIGNIFICANT AND SUBSTANTIAL HARM: MARINE TRANSPORTATION-RELATED PLAN subject to review and approval I 􀁾 Ie siorage facility capacity 􀁾 42,000 gal? I vea SUBSTANTIAL HARM and SIGNIFICANT
AND SUBSTANTIAL HARM: MARINE TRANSPORTATION-RELATED PLAN required for storage facility; subject to review and approval I Use any tank trucks or lank Bulk Packaging Plan railcars INith
I ve. "Basic·, non-QPA tank tnJGklrailcar capacity plan must be written (but not submitted) > 119gal?no 􀁾 Ie any tank trucklrailcar's cspecity 􀁾 42,000 gal? vee SUBSTANTIAL HARM: TANK
TRUCKIRAILCAR PLAN required for lank trucks/railcars I Have storage lYe. I Count YES answers to follolNing capacity > 1.000.000 gal? I I questions no I Does ANY aboveground storage tank
lack secondary containment large enoogh to hold l1e entire tank? I Ie storage facility close to an environmentally sensitive area? I Is storage facility dose enough to a 􀁰􀁵􀁢􀁾􀁣 drinking
water intake to ClWse it to shut down? I Has storage facility had a discharge;;?: 10,000 gal in the lesI5Y18? I 􀁾 >1 NLm'lber of YESs 11 I SUBSTANTIAL HARM: SUBSTANTIAL HARM and NON-TRANSPORTATION-R
ELATED PLAN SIGNIFICANT AND required for storage facility (EPA detelmines if SUBSTANTIAL HARM: Significant and Subemnlal Halm 'acility, thus NON-TRANSPORTATION-RElATED PlAN subject to
review and approval) required for storage facility; subject to review and approval I I Own or operate the off-eomplex SUBSTANTIAL HARM: part of any ye. pipeline crossing PIPELINE PLAN
l1e complex' required for orr-complex part boundaries? no 􀁾 Is pipeline 'small'? (00 < 6518" AND less than 10 mi) I no Has pipeline had a discharge> 42,000 gal in last the Iv.. 5V18?
no Has pipeline had 2 or more reportable discharges in y.. last the 5 vre? I no SIGNIFICANT AND Does pipeline operate any pre-1970 electric resistance IY.. SUBSTANTIAL HARM: welded pipe
at pressures over 50% of minimum yield alrength? I PIPELINE PlAN subject to review and approval no Could a discharge reach any public drinking water intakes .. that are INithin 5 mi?
no Could a discharge reach any erwironmentaJly sensitivo yes areas that are wilhin 1 mi? I no I I END I
Environmental Front Navy Environmental Health Center Supports IRP Page 18 This is the first in a series of articles to describe services available from the Environmental Programs Directorate
and to share information on the "lessons learned" during 1992. In late 1991, the Bureau of Medicine and Surgery signed a Memorandum of Understanding with the Naval Facilities Engineering
Command to initiate Navy Medical Department support for the Installation Restoration Program (lRP). The Navy Environmental Health Center created an Environmental Programs Directorate
tasked to perform a wide variety of health related services for the engineering field divisions and engineering field activities. In particular, the directorate reviews IRP documents
with emphasis on risk assessments and health and safety plans. In addition, to document reviews, the Environmental Programs Directorate provides emergency response consultation, and
conducts health related training in risk assessments, public health assessments, and environmental risk communication. In addition, the directorate coordinates efforts of the Agency
for Toxic Substances and Disease Registry (ATSDR). This first article focuses on the directorate's role with ATSDR as the agency completes a public health assessment (PHA) for each Navy
IRP site. The Environmental Programs Directorate assists with advance coordination of ATSDR site visits, accompanies ATSDR during each site visit, and reviews the draft and final PHA
documents. ATSDR is one of the newest federal health agencies within the u.S. Public Health Service. Under Comprehensive Environmental Response Compensation and Liability Act/Superfund
Amendments and Reauthorization Act, ATSDR conducts PHAs for sites on the National Priorities List. A PHA is the evaluation of data and information on the release of hazardous substances
into the environment to assess past, current, and future public health effects. In addition, the PHA is used to prepare health advisories, and to identify health studies or actions required
to evaluate and/or mitigate human health effects. ATSDR reviews three categories of information for the PHA: I. Environmental data. 2. Community health concerns. 3. Health outcome data.
The primary emphasis of the PHA is to evaluate potential exposure pathways, in particular, those that result in potential human exposure. Most of the environmental data ATSDR needs are
found in remedial investigation reports and other environmental studies conducted under the IRP and sent to ATSDR by the Navy. However, information on concentrations at off-site human
exposure ponits is not usually available at the beginning of the remedial investigation. Early identification of ATSDR data needs in the IRP work plans is critical to the development
of the most efficient and effective sampling strategy and to the evaluation of potential public health issues. While most of the specific data needs identified by ATSDR are the same
as those routinely required under the Environmental Protection Agency, ATSDR has typically requested additional environmental data or information in the following categories: a. Contaminant
concentrations in all of the off-site media to which the public may be exposed. b. Appropriate detection limits and levels of quality control/quality assurance in samples to ensure the
resulting data are adequate for assessing possible human exposures. c. Discrete samples that reflect the potential range of exposure of the public. d. Surface soil samples not deeper
than three inches. e. More extensive biota studies, and analyses of edible portions only. f. More ambient and indoor air sampling. g. Lists of physical hazards and barriers to site access.
The information in this article is intended to provide general guidelines in assisting the Remedial Project Managers and other environmental staffs with the planning of site characterizations
and work plans to address ATSDR information as soon as possible in the IRP process. The role for the Environmental Programs Directorate is to act as an interface among the installation
level environmental staff, the Remedial Project manager, and perhaps, the local Navy Medical Depart-Continued on page 19
......... POLLUTION ENGINEERING . . 􀁾􀀺􀀮 Aboveground Storage Tank Regulations Market demand for aboveground tanks is increasing rapidly. Specific regulations apply to this method ofstorage.
...... by Wayne Geyer • Engineers considering use of aboveground storage tanks need to be aware of the federal regulations that apply to ASTs. 42 POLLUTION ENGINEERING APRIL 15, 1993
There are critical di fferences between the potential for environmental impact of aboveground and underground oil storage. For example, while leaks from underground storage tanks (USTs)
seep into soil or aquifers, the concern with aboveground storage tanks (ASTs) is that an overfill or tank rupture can cause product to escape into a navigable stream and immediately
create an oil spill pollution incident. The U.S. Environmental Protection Agency (EPA) has very distinct programs outlining regulation parameters for each type of storage, including
source of authority, regulatory cutoffs and exclusions, definitions, prevention and response requirements, and penalties, etc. Engineers considering changing or recommending a change
in type of storage, particularly from a UST to an AST, need to be aware of existing federal regulations. UST regulation, administered primarily by the states, falls under EPA Regulation
40 CFR 280. EPA's underground storage tank program, which began in 1988, and the individual state programs that have evolved since then, provide generally accepted benchmarks for safe,
reliable underground storage of petroleum and hazardous liquid products. Since the federal UST program began, remediation costs have skyrocketed as a result of the need to clean up leaking
tank and piping sites, backfill and surrounding soil or groundwater. Compliance with federal and state UST regulations has not been cheap, and is expected to top $23 billion, according
to some estimates. Partly as a result, market demand has shifted toward use of aboveground storage tanks, a trend that is expected to continue. Industry figures show a 100 percent increase
in factory fabricated aboveground tank activity during the last four years. ASTs have been regulated by EPA since 1973 under 40 CFR Part 112, the Oil Pollution Prevention regulation.
This regulation also is known in the industry as the Spill Prevention, Control and Countermeasure (SPCC) regulation. EPA is currently revising <!::---< and updating the SPCC regulation
in two phases. The proposed Phase I modifications clarify that certain provisions <are mandatory, not discretionary. Whereas current SPCC language is more of a guideline, mandatory compliance
with industry standards soon will be the rule for AST construction and management 􀀮􀀡􀀱􀁾􀁡􀁲 navigable waterways. ParT 311 oft'he Clean Water Act directed EPA to
One Success Story A major chemical company on the upper Texas Gulf Coast needed to expand its facility. A consultant was hired to perform the delineation of the wetlands and assist with
the permit application. The COE was brought into the permit application process early. After completing the sequencing process (avoid, minimize, compensate), the expansion was determined
to impact 17 wetland acres. After negotiation, the COE agreed to an enhancement of 25 acres of a low-grade wetland on property adjacent to the facility. The conceptual dtsign of the
enhancement area, plant requirements and 􀁭􀁯􀁮􀁩􀁾􀁲􀁩􀁮􀁧 plan were included in the permit application. Although 􀁾􀁾􀁡􀁮􀁣􀁥􀁭􀁥􀁮􀁴 of a low-grade wetlands was acceptable, the COE
􀁾􀁡􀁬􀁬􀁙 requires the creation of wetlands from a non-jurisdictional upland area. After a six-month review, the chemical company received its permit to build, with the stipulation
that wetlands enhancement be completed within 18 months. Wetlands enhancement included the construction design and oversight, planting design, procurement, planting and monitoring. The
enhancement was completed one year after the permit was received from the COE. Monitoring is in progress. A key element in this successful project was including COE in the planning process.
The consultant coordinated the input from all interested agencies, obtained consensus on the mitigation plan, and was instrumental in the chemical company receiving a 1-to l.5-acre offset
for the impacted wetland. James Baker is manager ofEcological Services for ENSR Consulting and Engineering in Houslon, Texas, 800-122-2440. .•'. Reader Interest Review Please circle
the appropriate number on the Reader Service Card to indicate the level of interest in the article. High 421 Medium 422 Low 423 Conclusion Wetlands are impoi'tant natural resources.
The COE is charged with protecting wetlands while allowing for industrial development and expansion. Both are necessary for the nation's future, and both can be achieved through cooperation.
Early inclusion of theCOE in the decision process for any new development or expansion is essential to permitting success. Effective and protective use of wetlands will provide benefits
to industry. \'\"\'. nal water level, 􀁲􀁥􀁴􀁥􀁮􀁴􀁩􀁾􀁩􀁭􀁥􀀬 site topography and the amount is withdrawn. //amount of wastewater being\added. In July 1992, the Galveston Texas, COE
District issued • The dominant pollutant 􀁣􀀰􀀶􀁾􀁵􀁭􀁰􀁴􀁩􀁯􀁮 process, including guidelines for the developm t and use of mitigation banks. sedimentation, soil physical processes,
biomass produc-Other districts are folio . g this lead. The mitigation banktion, harvesting of vegetation and\microbial processes. . ing process follows simple path. First, the sequencing
Wetlands wastewater treatment sY?tems are easy to maIn-evaluation is Po/ormed to consider avoidance or minitain, provide reliable and effective 􀁴􀁦􀁾􀁴􀁭􀁥􀁮􀁴 and are inex-mization
of 􀁾􀁴􀀱􀁡􀁮􀁤􀁳 impacts. Then, mitigation or creation 􀁰􀁾􀁮􀁳􀁩􀁶􀁥 to cons.truct and operate. TheY\(lls.lls.o tolerate fluctu-of a com!?ynSating wetlands is determined. If the applicant
atIng hydrologic rates and pollutant loadIng, and provide must c9mpensate for impacted wetlands, COE may allow indirect benefits such as recreational and 􀁾􀁤􀁵􀁣􀁡􀁴􀁩􀁯􀁮􀁡􀁬 areas
use.f a previously developed mitigation bank. However, and wildlife habitats. \ t applicant must first demonstrate there is no practical But they require large land area for treattnent
and do Hernative to the impact on the wetlands. not offer precise design and operating criteria like conven-In-kind and on-site compensation is preferred by the tional wastewater treatment
processes. Biologi<;al an COE, but if the applicant can show that compensation hydrological complexity, unknown process dynamics'ld mitigation will result in higher quality wetlands,
the COE problems with pests also are drawbacks for wetlandsp'e"at-may accept it. If the use of a bank is allowed, it must be ment systems. /\. located within the same watershed or hydrologic
basin as Recently, developers and municipalities ha,::c' showrl' \ the area impacted. increased interest in using wetlands' pollutant fi,J£ering and' Mitigation banks provide advanced
compensation for water storage capacity to treat storm water. 􀁾􀁩􀁴 here there . "impacted wetlands. To gain the wetlands credit, it must be must be assurance the wetlands will not
bj damaged. In f'uQctioning before any element of the proposed project developing plans to treat storm water,/EPA will likely atlec.ts a wetlands. Once created, mitigation banks provide
require best management practices (Bi\::1'P).BMPs for storm 􀁭􀁯􀁲􀁥􀀧􀁣􀁾􀁲􀁴􀁡􀁩􀁮􀁴􀁹that larger wetlands will prosper. The COE water treatment help to ensure that scrlids are settled, flows in Galveston is enthusiastic about
mitigation banking. They are regulated and harmful polluta)1ts are removed before are encouraging creative mitigation banking proposals for the storm water enters the wetla1)ds. functional
wetlands uses. The regulations specify pretfeatment levels, minimum residence times, hydraulic 􀁾 hydrological requirements to maximize water contacy with biota and sediments and outflow
rates. Erosion Ind sediment controls 􀁾􀁬􀁳􀁯 are reqUired. The EPA ano/varlous states are developIng bIOlogical water criteria (0 protect wetlands' biological diversity and habitat,
and/prevent major changes. /Mitigation balJking Since the early;f980s, 􀁭􀁩􀁴􀁩􀁧􀁡􀁴􀁩􀁯􀁾 banking has been used to compensate f<;ir unavOidable project-related wetlands losses. In
􀁭􀁩􀁴􀁩􀁾􀀨􀁩􀁯􀁮 banking, a developer creates, restores or preserves;ush and wildlife habitats before construction project impacts. The benefits from these measures are quantified,
and the developer receives wetlands mitigation credits from the regulatory agency. These credits are placed in a mitigation bank account. When the developer proposes a project involving
unavoidable losses of fish and wildlife resources, the losses are quantified using the same method that was used to determine credits, and an equal APRIL 15, 1993 POLLUTION ENGINEERING
41
promulgate regulations concerning harmful discharges of oil and hazardous substances into waterways by non-transportation related onshore and offshore facilities. The Clean' Water Act
prohibits discharges and can impose civil or criminal penalties. As a result, the SPCC program for regulation of oil storage and discharges was first published in 1973, and 􀀬􀁾􀀩􀁬􀁢􀁾􀁥􀁱􀁬􀁬􀁾􀁮􀁴
􀁬􀁹 amended 􀁩􀀡􀁊􀁭􀁾 Originally, the SPCC plan established procedures, methods and equipment to prevent the discharge of oil from nontransportation related facilities into navigable
waters or adjoining shorelines. The regulation applied to single tanks with capacity greater than 660 gallons, or total tank aggregate capacity greater than 1320 gallons. The new guidelines
will strengthen this provision and continue an emphasis on good engineering practice and judgment. One importal1t_aclcliJion__􀀱􀀲􀁊􀀩􀁊􀁾􀁩􀁬􀁳􀁟􀁥􀁾􀁩􀁾􀁩􀁬􀁾􀁬 tanks must hilve secCJl}Qm:yc()11l<1
i.'!!11e_nt 􀁩􀁭􀁰􀁥􀁲􀁶􀁩􀁾􀁬􀁊􀀮􀁳􀁊􀁧􀀲􀁩􀁬 􀁊􀁑􀁛􀁊􀁬􀁂􀀱􀁩􀁬􀀱􀁩􀁾􀀡􀀱􀁊􀁮􀁓􀁬􀁦 V. hQ!!rs. -------Some other proposed changes to SPCC include mandating: • That a plan be developed
prior to beginning operations and be certified by an independent Q.rofessional engineer who has visited the site. (Currently, a plan must be prepared within six months of commencing
operations and implemented within 12 months.) • That storage system integrity testing requirements for tanks, and especially for piping, be added. Proposed requirements call for piping
integrity to be tested annually; tanks with secondary containment to be tested every 10 years; tanks without secondary containment every five years. • That amendments to an SPCC plan
be made by a.2!ofessional engineer prior to reconstruction or movement of tanks, replacement of tanks or piping, and alteration of secondary systems. Oil Pollution Act The Oil Pollution
Act (OPA) of 1990 places on the on-shore facility tank owner or operator the liability for removal costs and damages, if oil or other hazardous substances are discharged from the facility
into navigable waters and adjoining shorelines. OPA stipulates the type of damages the owner must pay as a result of destruction of natural resources, and establishes a federal fund
where cleanup measures are deemed unsuitable, as in the case of delinquent owners. The U.S. Coast Guard has primary enforcement of OPA. When combined with the Clean Water Act, OPA is
designed to protect the nation's waters without addressing soil or groundwater contamination, unless the groundwater is hydrogeologically connected. Up to 80 percent of ASTs are believed
to be impacted by OPA. In January 1993, EPA published regulations that revise the Oil Pollution Act of 1990 requirements, originally promulgated under the Clean Water Act. Sometimes
erroneously referred to as Phase II of the SPCC, these regulations can have serious financial repercussions for large AST facility owners and operators who must prepare and file response
plans for a worst-case discharge of oil that poses a threat to the nation's waters. If total aggregate storage is more than 1 million gallons and the facility is near a public drinking
water intake, is near an environmentally sensitive area, does not have adequate secondary containment, or has a significant spill history, it must make a submittal to EPA. EPA must approve
plans where a facility can cause "significant and substantial harm." Facilities with storage of 42,000 gallons or more must still file notification for AST Regulation 40 CFR 112, based
on SPCC Phase I proposed rules, Oct. 22, 1992 An aboveground storage tank is defined as any tank not completely buried, including bunkered tanks. The primary charter of 40 CFR 112 is
to prevent spills of oil by non-transportation related onshore and offshore facilities into U.S. surface waters and surrounding shorelines, including wetlands. Exemptions • USTs under
40 CFR 280. • Onshore facilities that, due to their location, could not reasonably be expected to discharge oil into waterways. • Vessels under DOT requirements. Size limitations • Individual
ASTs greater than 660 gallons. • AST aggregates greater than 1320 gallons. • UST aggregates greater than 42,000 gallons. Regulated substances • Oil in any form, including petroleum,
sludges, oil refuse, crude oil, animal and vegetable oils. Corrosion • Partially buried tanks protected using coatings and cathodic protection. • Piping protected as in 40 CFR 280. •
Compatible with stored product. Structure • Construction and materials must conform with industry standards in application ofgood engineering practice. • References API, UL, NFPA, ASME.
Containment • All ASTs must be contained to prevent discharged oil from reaching navigable waters (includes double-wall steel, under recent interpretation). • Containment impervious
to oil for 72 hours. • Dike, curbs and pits to contain largest tank, plus sufficient freeboard for bulk storage containers. Testing/release detection • Integrity test of tanks every
five years, and piping every year. • Those with secondary containment must have integrity test every 10 years. • Piping and valves examined monthly. Financial responsibility • No insurance
required, although Senate and House are introducing language similar to 40 CFR 280. Cleanup • Plan developed speci fically for site. • Materials and manpower for control and removal
must be provided for facilities without secondary containment. • Large tank site owners/operators may have to submit a facility response plan for approval. Revision to the Oil Pollution
Act which amends the Clean Water Act. Other • Parallel UST overfill prevention. • Independent professional engineer required to develop strong oil spill contingency plan. • Security
to minimize vandalism. • Training for facility personnel to minimize operator error. APRIL 15, 1993 POLLUTlON ENGlNEERING 43
􀁾􀀧􀀭􀀮􀁊􀁲􀁈􀀧􀁕􀀺􀀧􀀮􀀧􀀭􀀧􀁬􀀧􀁕􀁬􀁾􀁜􀁊 , ••. , •.••••••••••••••••...••••••••.•••••••••••••••••••••••••••••••••••••• Environmental groups are seeking a comprehensive regulatory
program for ASTs. years. Several on Capitol Hill ........................................................ in recent bills to ........................................................
regulate ASTs ........................................................ have been ........................................................ introduced Reader Interest Review Please circle
the appropriate number on the Reader Service Card to indicate the level of interest in the article. High 418 Medium 419 Low 420 language. Several bills to regulate ASTs have been introduced
on Capitol Hill in recent years. Environmental groups are seeking a comprehensive regulatory program for AST design, construction, operations, maintenance, financial responsibility,
and cleanup requirements that are similar to current UST rules to protect groundwater and soils. On March 16, 1993, Rep. James Moran (D-Va.) and Sen. Chuck Robb (D-Va.) introduced a
bill, in the House of Representatives (H. R.1360) and in the Senate (S. 588), respectively, to establish leak detection, corrosion protection, registration fees, structural integrity
and secondary containment for ASTs. This bill is similar to S. 1761, introduced in September 1991 and reintroduced in March 1993, by Sen. Thomas Daschle (D-S.D.). The Moran/Robb bill,
however, also will exempt a portion of tanks with less than 12,000-gallon capacity. Parts 262, 264, 265 of RCRA, Subtitle C, also apply to ASTs as standards applicable to generators
of hazardous waste and affiliated treatment/storage/disposal facilities. Subtitle I of RCRA orders owners and operators of USTs who install tanks after December 1988 to meet requirements
concern ing correct installation, spill and overfill protection, corrosion protection, and leak detection. Similar issues are also regulated for USTs installed before December 1988.
Also, Subtitle I addresses corrective action in response to leaks, closure requirements for tanks temporarily or permanently closed, and financial responsibility for the cost of cleaning
up a leak and compensating others for bodily injury and property damage caused by a leaking UST. New UST systems installed since the regulations went into effect require certification
that the tank and piping are designed, constructed and installed to industry codes; incorporate devices for preventing spills and overfills; and include leak detection for both the tank
and piping. By December 1998, all UST systems (including those installed prior to implementation of the UST regulations in 1988) must have corrosion protection for steel tanks and piping,
and incorporate devices that prevent spills and overfills. Release detection must be phased in by the end of next year or earlier, depending on the age of the tank system. State and
local regulations may differ from federal. Owners and operators unfamiliar with such regulations should contact the local fire marshal for help. Wayne Geyer is executive vice president
ofthe Steel Tank Institute, Lake Zurich Ill. 708-438-8265. Portions ofthis article are excerpted from the author's presentation at the 85th Annual Meeting ofthe Air & Waste Management
Association, June 1992. exemption or file a response plan. Typically, the response plans will incorporate contingency planning requirements, mandating that tank owners have means to
contain a leak via accessible equipment and manpower. NPDES and other regulations The National Pollutant Discharge Elimination System (NPDES) does not govern ASTs specifically, but it
does regulate discharge of pollutants into surface waters. For ASTs, this means runofffrom diked areas cannot be directed immediately into a storm sewer, unless quality standards are
met. To comply, the industry may be forced to use separators or other forms of water treatment prior to discharging surface runoff into storm sewers. In many areas, the petroleum marketing
industry is already installing Phase I (vapors recovered from USTs as tanks are loaded) and Phase II (vapors recovered from automobiles as they're being filled) to comply with specific
regional clean air mandates. Title I of the Clean Air Act concentrates on reducing ozone, carbon monoxide and particulate problems in specific nonattainment areas. In many metropolitan
areas, Stage II vapor recovery soon will be mandated by Section 182 of the CAA to reduce air quality concerns. This rule can impact both AST and UST sites, particularly where large volume
hydrocarbon use takes place. The cost to comply is estimated by some groups to run from $2 billion to $4 billion. The Superfund Amendments and Reauthorization Act (SARA), Title II, requires
AST non-petroleum tank owners to report spills of hazardous wastes, mandates liability coverage and cost recovery for cleanups from responsible parties and establishes cleanup requirements.
According to Title II, for emergency planning measures, public health officials and agencies are required to have access access to certain chemical information. The Occupational Safety
and Health Administration (OSHA) has developed national standards (29 CFR, 1910, 106) for handling, storage and use of flammable and combustible liquids. The rules apply to liquids with
flashpoints below 200°F. Many OSHA requirements are taken from National Fire Protection Association code (NFPA 30) requirements for flammable and combustible liquids and from other standards.
OSHA earlier this year also released 29 CFR Section 1910.146, "Permit Required Confined Spaces for General Industry." Fire and building codes for flammable and combustible liquids are
normally followed in order for an installation to meet "authority having jurisdiction" requirements; code language is more extensive and restrictive for ASTs than USTs. Obviously, the
concern is for public safety from fires rather than environmental concerns. In the summer of 1993, both the NFPA 30A and UFC model codes will be voted on to adopt expanded language for
ASTs, where motor fuels will be dispensed from ASTs into motor vehicles. This is a very significant change, which reflects the ongoing trend toward ASTs. Congress has proposed reauthorization
of the Resource Conservation and Recovery Act (RCRA), Subtitle C. Some versions have included AST language that parallels UST 44 POLLUTION ENGINEERING APRIL 15, 1993
, ' ) ENVIRONMENTAL PROTECTION AGENCY REGULATIONS ON OIL POLLUTION PREVENTION (40 CFR 112; 38 FR 34164, December-ll, 1973;, Amended by 39 FR 31602, August 29, 1974; 41 FR 12657, March
26, 1976) PART 􀀱􀁬􀀲􀁾􀁬􀁬 POllUTION PREVENTION Non·transportatlon Related Onshore and Offshore Facilltl.. AtlTHOllrn: sees. 311 (J)(1 I {Cl. 311 (Jl {2\, 1101 tal. Peclen.1 Water PoUutlon
Control Act (sen. 2. Pub. L. 92-600. 86 Stat. 818 et eeq. (33 U.s.C. 1251 et seq.)): sec. "(bj, Pub. L. 112-600. 86 Stat. SII'7: 6 U.S.C. Beorg. P1&D of uno NO.3 (111'701.36 FR 16823.3
CPR 11111&111'70 Comp.; £.0. 11'736. 38 FR 212"3. 3 CPR. § 112.1 Generalapplieabilit,.. (a) This part establishes procedures. methods and equipment and other 1"eqUirernents for equiPment
to prevent the discharge of oil from non-transportatlon-related onshore and offshore fac1llties into or upon the navigable waters of the United States or adjoining shore-I1nes. ' (b)
Except as provlded'in paragraph (d) of this section. this part applies to owners or operators operators of non-transportation-related onshore and offshore facilities engaged in dr1lllng.
producing, gathering. storing. processing. reftning, transferrtng. distributing or consumtng 011 and oU products. and which. due to their location. could reasonably be expeCted to discharge
oU In harmful quantities. as defined In Part 110 of this chapter. into or upon the navigable waters of the United States or adJo1n1ng shorelines. (e) As provided III sec. 313 (88 Stat.
875) departments. agencies. and instrumentalities of the Federal government are subject to these regulationa to the same extent as any person, except for the provisions of I 112.8. (d)
This part does not apply to: (1) Fac1Utles. equipment or operations which are not subject to the Jurisdlct!on of the Environmental Protection Agency, as follows: (A) onshore and offshore
faclUtles, wbJch. Jue to their location. could not 'reasonably be expected to discharge 011 into or upon the naVigable waters of the United States or adJoining shore'Unes. This determination
shall be based solely upon a consideration of the geographical. locatlonal aspects of the facilIty (such as proximity to navigable waters or adjoining shoreUnes, land contOur. dralmge.
etc.) and shall exclude consideration ot manmade feature!> such as dikes, equipment or other structures which may serve to restratn, hinder, 􀁣􀁯􀁮􀁾 tain. or otherwise prevent a discharge
0: 011 from reaching navigable waters of the United States or adJointng, shorelines; and (B) equipment or operations of vessela or transportation-related onshore and offshore faclUtles'
which are subject to authority and control of the Department of Transportation. as detlned in the Memorandum of Understanding between the Secretary of Transportation and the Admin1straUlr
of the Environmental Protection Agency. dated November 2f. 1971. 36 PR 24000. (2) those facUlties which. although otherwise subject to the Jurisdiction of the Environmental Protection
Agency, meet both of the following n'QU1rements: <A) the underground buried storage capacity of the facUlty is f2,OOO gallons or less of oU. and (B) the SUlrage capacity. which is not
buried. ,of the facility is 1.320 gallons or less of oU. provided no single container has a capacity In excess of 660 gallons. 141 FR 12657. March 26. 1976] (e) This part provides for
the preparation and Implementation of SpW Prevention Control and Countermeasure Plans prepared In accordance with § 112.7. designed to complement existing laws. regulations. rules. standards.
pollcles and procedures pertaining to safety standards, fire prevention and pollution prevention rules, so as to form a comprehensive balanced Federal/State spW pre,. ventlon program
to minimize the potential for oil discharges. Compliance with this part does not In any way reUeve the owner or operator of an onshore or an offshore fac1l1ty from compUance with other
Federal, State or local laws. § 112.% Definition.. For the purposes of this part: (a) "OU" means oU of any kind or in any form. including. but not limited to petroleum. fuel 011. sludge,
oU refuse and· 011 mixed with wastes other than dredged spoil. (b) "Discharge" includes but is not limited to. any spllling. leaking. pumptng. pouring. emitting, emptying or dumping.
For purposes of this part. the term "discharge" shall not tnclude IUU' discharge of 011 which is authorized by a permit issued pursuant to section 13 of the River and Harbor Act of 1899
(30 Stat. 1121, 33 UB.C. 407). or Sections f02 or 405 of the FWPCA Amendments of 1972 (88 Stat. 818 et seq.• 33 U.S.C. 1251 et seq.). 􀀨􀁣􀁾 "Onshore facility" means any facility of
any kind located in. on, or under any land within the United S... other than sUbmerged landa, wbich 1a no' a transPOrtation-related faetllb'. (d) "Offshore facilib''' meau aDJ' facWt,.
of any Idnd located 1D. OD, or under any of the navtpble waten of the United States. which 18 not .. tnuportation-rel&ted factlib'. (e) "Owner or operator" meIlDI aDJ' penon own1ng or
operattne an oDIban faclllty or an offshore facWt,.. aDd III tbe case of any abandoned offabore facWb', the penon who owned or operated IUCh facility immediately prior to such abaDdoDment.
(f) "Penon" includes an lndIYidual. ftnn. corporatiOD, auociatioD, ADd .. partnership. (g) "Regional Administrator". meaDS the Regional Administrator of the EnIironmental Protection
AgellCT. or h1s designee. in and tor the Re810D III which the faciUb' 18 located. (h) 􀀢􀁔􀁲􀁡􀁮􀁳􀁰􀁯􀁲􀁴􀁡􀁴􀁬􀁯􀁮􀁾􀁲􀁥􀁬􀁡􀁴􀁥􀁤􀀢􀂷 and "non-transportation-related" aa applied to
an onshore' or offshore fac1l1ty. are defined tn the MemorandIDD of Understanding between the 8ecretan' of Transportation and the Admlnitltrator of the EnVironmental Protection Agency.
dated November 2f. 1971, 38 PR 2f080. (l) "Sp1ll even'" means a dtschaqe of oU into or upon the navigable waten of the United States or adlo1D1ng 􀁡􀁨􀁯􀁲􀁥􀁬􀁾􀁥􀁳 in hannful Quantities.
as deftne.1 􀀻􀁩􀁾 􀁾􀁯 CPR Part 110. (j) "United States" meana the State., the DIstrict of Columbia, the Commonwealth of Puerto RICO. the Canal ZOOe. Quam. American Samoa. the Vlr1r1D
islands. and the Truse Territory of the Paclftc Islands. (k) The term "navigable waters" 'of the United States means "naytgable waters" as defined in section 502(7) of the FWPCA, and
includes: (1) all navigable waters of the United States. as defined tn Judicial decillions prior to passage of the 1972 Amendments 'to the FWPCA (Pub. L. 93-600). and tributarles of
such waters; (2) interstate waters: (3) intrastate lakes, rivers. and streams whJch are uW1zed by interstate travelers for recreational ar other purpOses: and (f) intrastate lakes, rivers.
and streams from which ftsh or shelUlab are taken and sold in tnterstate commerce. ()) "Vesaet" means every descr1pUoa of watercraft or other artlftdal contrlv-8·27·76 Copy"ght © 1976
by The Bureau 01 NatIonal Affairs, Inc, (Sec. 112.2U1J 61
131:0832 ) 4 ) FEDERAL REGULATIONS 'I § 112.' 􀁾􀁭􀁥􀁮􀁴 of SPCC P1aae ." Be.iona! Admlniatrator. (a) NotwithatancUng compl1ance with 1 112.3. whenever a facility subject to 1 112.3
(a). (b) or (c) has: D1acharl'ed more than 1.000 U.s. gallons of 011 into or upOn the navigable waters of the United statea or adJolninr shore11nea in a single sp111 event. or dtscb&rlecloil
in harmful quantities. 88 de1ined In 40 CPR Part 110. Into or upon the navigable waters of the Unlted States or adJo1D1ne shorelines in two sp111 events. repOrtable under section 311(b)
(5) of the FWPCA. occurrtng within any twelve month penod. the owner or operator of such fac1l1ty shall submit to the Regional Adm1n1.strator. within 60 daYs from the time such facUlty
becomes subJ.ect to thla section. the foliowin&': (1) Name of the facility; (2) Name<s) of the owner or operator of the facUlty; (3) Location of the facWty; (4) Date and year of lnltlal
tacWty operation: (5) Max1mum storage or handling capacity of the facility and normal da1l7 throughput: (6) DeliCrlption of the facility. includIng maps. fiow diagrams. andtopograpbical
maps; (7) A complete copy of the SPeC Plan with any amendments; (8) The cause(s) of such spill. Including a failure analysis of system or subsystem in which the failure occurred; (9)
The corrective actions and/or countenneasures taken. Including an adequate description of. equipment repairs and/or replacements; (10) Additional preventive measures taken or contemplated
to minimize the possibility of recurrence; (11) Such other infonnation as the Regional Administrator may reB.'lonably require pertinent to "the Plan or spill event. . (b) Section 112.4
shall not apply untu the expiration of the time pennitted for the preparation and Implementation of an SPCC Plan pursuant to § 112.3 (a). (b). (c) and (f). (c) A complete copy of allinformatlon
. provided to the Regional Administrator 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 faclllty Is located. Upon receipt of such information such State agency may -conduct a review and make recommendations to the Regional Adm1n1strator
B.'l to further procedures, methods. equipment and other requirements for equipment necessary to prevent and to contain discharges of 011 from such fac1l1ty. (d) After review of the
SPeC Plan for a facility subject to paragraph (a) of this section. together with all other in 􀁾􀁯􀁮􀁮􀁡􀁴􀁩􀁯􀁮 submitted by the owner or operator of such facility. and by the State
agency under paragraph (c) of this section. the Regional Adm1n1strator may require the owner or operator of such fac1llty to amend the SPeC Plan If he finds that the Plan does not meet
the requlrements of this part or that the amendment of the Plan is neees-IIoDC8 ueecL or capable of be1nS ueed as a means of traDllpOrtaUon OIl water. other tban a pUbl1c veuel. 11l2.S
Requiremena. for preparation and 'mplemenudon of Spiu Prevention Convol aad Couatermeuure Pia.... (a) Owners or· operatoi'a of onshore and offshore facillties in operation on or before
the 􀁥􀁦􀁦􀁥􀁣􀁴􀁩􀁾􀁥 date of this part that have discharged or, due to their location. could reasonably. be expected to dJacbarge 011 In' bannful quantities. B.'l deftned In 40 crn
Part 110. Into or upon the navigable w(Lters of the United States or adjoln1ng shorelines. shall prepare a SpW Prevention Control and Countermeasure Plan (herelnatter "SPeC . Plan").
in writing and in accordance with section 112.7.. Except as provided for in paragraph (f) of this section. such SPeC Plan snall be prepared within six months after the effective date
of th1a part and shall be fully Implemented as soon as possible. but not later than one year after the effectlve date of this part. (41 FR 12657, March 26, 1976) (b) Owners or operators
of onshore and otrshore facilities that become opel'&t.1onal after the etll'Ctive date of this part. and that have discharged or could reasonably be expected to discharge oil in· harmful
quantities. as defined in 40 CPR Part 110. into or upon the navigable waters of the United States or adjoining shorelines. shall prepare an SPCC Plan in accordance with § 112.7. Except
as provided for in paragraph (f) of this section. such SPeC 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 facility begins operations. (c) Owners or operators of onshore and offsnore mobUe or portable facilities. such as onshore drilling
or workover rigs. barge mounted olfshore drilling or work. e.ver rigs. and portable fueling facUlties shall prepare and implement an SPCC Plan B.'l required by paragraphs (a), (b) and
(d) of this section. The owners or operators of such fac1l1ty need not prepare a new SPCC Plan each time the factllty is moved to a new site. The SPCC Plan may be a general plan. prepared
in accordance with section 112.7. 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 SPCC Plan for the facUity. No mob"': or portable fac1l1ty subject to Ws regulation shall operate unless tbe SPeC Plan 􀁾􀁱 been implemented. Th:: SPCC Plan $hall only
apply whlle the fac1llty is In a fixeLI 't1on-traosDOrtatlon) operaUnlf mode. 141 FR 12657. March 26. 1976) (d) No SPeC Plan shall be effective to satisfy the requirements of this part
unless it has been reViewed by la Registered Professional Engineer and certlfted to by such Professional. Engineer. By means of this certiftcation the engineer. having examined the facility
and being familiar with the provisions of this part. shall attest that the SPeC Plan has been prepared in accordance with good englneerlnr practices. Such certlftcatlon shall in no way
relieve the owner or operator of an onshore or offshore facWty of h1s duty to prepare and fully implement such Plan in accordance with 1112.7. as required by paragraphs (a). (b) and
(c) of t'h18 section. (e) Owners or operators ot a facWty tor which an SPCC Plan is required pursuant to paragr&phs (a). (b) 01" (c) of this section shall maintain· a complete copy of
the Plan at such tacility If the faclUty is normally attended at least 8 hours per day, or at the nearest fteld omce If the faclllty is not so attended, and shall make such Plan avatlable
to the Regional Administrator for on-site review during normal work1nr hours. (f) Extensions of time• (1) The Regional Admln1strator may authorize an extension of time for the pr4'PlLratlon
and tull Implementatlon of an SPCC Plan beyond the time permitted for the preparation and implementation of an SPCC'Plan pursuant to paragraphs (Ii.). (b) or (c) of t.h1a section where
he finds that the owner or operator ot a faclllty subject to paragraphs (a). (b) or (c) of this sectlon cannot fully comply with the requirements of this part as a result of either nonavailablllty
of qualifted Personnel. or delays in construction or equipment delivery beyo.nd the control and without the the fault of 5uch owner or operator q. their respective agents or employees.
(2) Any owner or operator seeking an extension of time pursuant to paragraph (f) (l) of this secUon may submit a letter of request to the Regional Administrator. Such letter shall include:
(j) A complete copy of the SPCC Plan. if completed; (li) A full explanation of the cause for any such delay and the speciftc aspects of the SPCC Plan affected by the delay; (iii) A full
diliCussion of actlons 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 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 rel1eve the owner or operator from his obl1gation to comply w.lth the requirements of § 112.3 (a). (b) or (c). Where an extension of time 1& authorized
by the Regional Administrator for particular eqUipment or ather specific aspecta of the SPCC Plan. such extension shan in no way affect the owner's or operator's obl1gation to comply
with the requ1rements of § 112.3 (a). (b) or (c) with respect to other equipment or other speclftc aspects of the SPCC Plan for which an extension of time has not been expressly authorized.
EMvuonment Reporte. [S.c. 112.41dll 62 • ;,m..... -
....1Ql • OIL 􀁐􀁏􀁌􀁌􀁾􀁔􀁉􀁏􀁎􀁐􀁒􀁅􀁖􀁅􀁎􀁔􀁉􀁏􀁾􀀩 sary to prevent and to contain discharges of oU from such fac1l1ty. (e) When the Regional Adm1n1strator proposes to require an
amendment to the SPeC Plan. he shall notify the fac1l1ty ()I)erator by certUled man addressed to. or by personal delivery to. the fac1l1ty owner or operator. that he proposes to require
an amendment to the Plan. and shall specify the terms of such amendment. It the fac1l1ty owner or operator Is a corporation. a copy of such notice shall also be mailed to the registered
agent. if any. of such corporation In the State where such fac1l1ty Is located. Within 30 days from receipt of such notice.· the fac1l1ty owner or operator may submit written Infonnation.
views, and 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. TIle amendment reqUired by the Regional Adm1nlstrator shall become part of the Plan 30 days after such notice. unless the Regional Administrator. for good
cause. &hall specify another ellective date. 'Ibe owner or operator of the fac1llty 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 Adm.1nistrator specl1l.es another date. (f) An o:w.ner or operator may appeal a decision made by the Recional AdminIstrator
requir1ng an amendment to· an SPCC Plan. TIle appeal shall be made to the Administrator of the United States Environmental Protection Agency and must be made in Writing within 30 days
of receipt of the notice from the Recional Adm1nistrator requiring the amendment. A eomplete copy of the appeal mUllt be sent to the Regional Administrator at the time the appeal is
made. TIle appeal shall contain a clear and concise statement of the issues and points of fact in the case. It may also contain additional intonnation from the owner or operator. or
from any other person. TIle Administrator or his designee may request additional infonnation from the owner or operator. or from any other person. The Administrator or his designee 􀁾􀁨􀁡􀁬􀀱
render a declslon within 60 days of receiving the appeal and shall notify the owner or operator of his decision. [41 FR 12657, March 26. 1976) § 112.5 Amendment of Spiu Prevendon Control
and Counlermeuure Plana by ownen or operaIon. (a) Owners or operators of facWties subject to 1 112.3 (a). (b) or (c) shall amend the SPeC Plan for such facWty in accordance with 1112.7
whenever there is a change in facUlty design. construction, operation or maintenance which materially a1rects the facUlty's potentlal for the discharge of oU into or upon the navigable
waters of the United States or adJo!n1ng shorelines. Such amendments shall be fully implemented as soon as possible. but not later than I1x months after such change occurs. (b) NotWithstanding
compliance with parlolr1'8ph (a) of thls section, owners and operators of fac1llties subject to 1 112.3 (a). (b) or (c) shall complete a review and evaluation of the SPeC Plan at least
once every three years from the date such fac1llty becomes subject to thla part. As a result of th1a review and evaluation. the owner or operator shall amend the SPCC Plan within six
months of the review to include more ellective prevention and control technology If: (1) Such technology will sign11lcantly reduce the llkelihood of a spill event from the facUlty. and
(2) it such technology has been field-proven at the time of the review. (c) No amendment to an SPeC Plan shall be ellectlve to satlsfy the requirements of thla section unless i.t baa
been cert11led by a Professional Engineer in accordance with 1 11a.3(d). § 112.6 .Civil penahie. for violatioD of Oil Pollution PreventioD Replatioaa. Owners or operators of facUlties
subJect to 1 112.3(a). (b) or (c) who violate. the requirements of thla Part 112 bY fatllng -r retustng to comply with any of the prov1siona of 1.112;3. 1112.4 or §.112.5 shall be llable
for a civU penalty of not more than $5.000 for each day such violation continuea. ClvU penalties shall be imposed in accordance with procedures set out in Pvt 114 of th1a Bubchapter
D. " § 112.7 􀁇􀁵􀁩􀁤􀁾􀁩􀁄􀁥􀁡 for the preparatioD and implementation of a Spiu Prevention Conlrol and Countermeuure Plan. The SPCC Plan shall be a carefully thought-Qut plan, prepared
in accordance with good engineering pract1ces. and which has the full approval of management at a level with authority to commit the necessary resources. It the plan calls for additional
facUlties or procedures. methods. or equipment not yet fully operational. these items should be discussed in separate paragraphs. and the details of installation and operational start-up
should be explained separately. The complete SPCC Plan shall follow the sequence outllned below. and include a dlscussion of the facUity's conformance with the appropriate guidel1nes
listed: . (a) A faclUty which has experienced one or more spill events within twelve months prior to the ellective date of this part should include a written description of each such
spill. corrective action taken and plans for preventing recurrence. (b) Where experience indicates a reasonable· potential for eQU1pment faUure (such as tank over1low. rupture. or leakage),
the plan should include a prediction of the direction. rate of flow. and totai quantity of 011 which could be discharged from the faclUty as a result of each major type of fallure. (c)
Appropriate containment and/or diversionary structures or equipment to prevent dlscharged oU from reaching a navigable water course should be provided. One of the following preventive
5-314 131:0933 systems or ita equivalent aboul4. be uaed as a mlntmum: (1) 0Dsh0re facWues. (1) Dikes. benna or retabuDIr wPa su1Dc1ently tmpen10ua to contam apBled 011un CW:b1Dc <Un
Culvertlng, gutters or otber drainage syltema (iv) Welrs. booms or other barriers (v) Spill dlvel'll1OD poncla (vi) Retention ponds (vU) Borbent materlala (2) Offshore facil1t1es. (l)
Curbing, drip pans un Sumps and collection IIYStema (d) When it ls detenn1ned tbat tbe inataUatlon of structures or equipment llsted in 1 112.7(c) to prevent d1Icb&rged oU from reaching
the navigable waters 15 not 􀁰􀁲􀁡􀁣􀁴􀁬􀁾 from &n7 on8han or olIshore flldl1t:J. the OWDeI' or oPeI'UOI' should 􀁣􀁬􀁥􀁓􀁬􀀧􀁾 demonawate such lDipract1cab1l1t:J and provide tbe following:
(I) A stronc oU spill continlrenc7 plan foUowing the provlalon of 40 CPR Part 109. (2) A written commitment of manpower. equipment and m&terlala reqUired to ezped1tioualy control and
re.move aD7 hanntul quantity of oU dlacharged. (e) In addltion to the minim" prevention standards l1stecl UDder 1112.7 (c). sections of the Plan should 1nclude a complete d1scusII1on
of COIlfonnance with tbe following appl1cable gutde1lnes. other e1fecttve spill prevention aDd COIltalnment procedures (or. U more sRblgent. with State rules. resuIatlODll aDd guidelines)
: (I) FacIlit" IiraiftGge (onshore): (ucluliiJlf1 productioft '/acilitw). (1) Drainage from diked storage areu should should be restrained by valves or other P981tive means to prevent
a spill or otber' ezcessive leakage of aU into the drainace Q3tem or inplant eflluent tl'e&tment IIYStem. except where plan sYstems are designed to handie such leakale. DIked areas may
be emptied by pumpS or eJec 􀁾􀁲􀁳􀀺 however. these should be manually activated and the condition of the accumulation should be eumlned before starting to be sure no oU will be dischareed
into the water. (ti) 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. 􀁯􀁰􀁥􀁮􀀭􀁡􀁮􀁤􀁾􀁬􀀰􀀸
􀁥􀁤 design. When plant drainage dra1ns d1reet1y into water courses and not into wastewater treatment plants. retained storm water should be inspected as provided in paragraph (e) (2)
<Un (B, C and D> before drainage. (111) Plant drainage sYstems from undiked areas should. If pOSSible. ftow into ponds. lagoons or catchmentbas1ns. deslCned to retain 011 or return it
to the fac1l1tJ'. CatChment bas1ns should not be located in areas subject to perlod1c ftoodlnlr. Uv) It plant d.ra1na8e is· not engineered as above. theflnal dlacharre of all In-plant
ditches should be equipped with a diversion 8YStem th&& could. in 8·27·76 Copyroght © 1976 by The. Bureau of National AffairS, Inc.· [Sec.112.7(eIl1I1iwll 63
131:0934 the event ot an UDCODtl'oUedap1U, return tile ot1 to tile plant. . (v) Where dra.1Dace waters are treated III more t.baD one treatment unit, natural hydraUl1c flow mould be
used.. If pump tranater is needed; two "IUt" P\UDPS should be provided; .and at least one ot the pumps should be permanently installed when such treatment· 18 conttnuoua. In any event.
whatever technieaues are used tacWty dratnace sYsiems should be adequately ensmeered to pre-.􀂷􀁾􀁴 all from reach1nr navill'able waiers In the event of equipment failure or human error
at the tacility. (2) Bulk storczge t4ftk1 (omhore) ; (e:&-cludi7&{1 producticm lacute,"). (1) No tan.It should be used for the storage of oil Wlless its material and consinlction are
compatible with the material stored and conditions of storage such as pressure and temperature. etc. (11) All bulk storage tank Installations should be constructed so that a secondary
means of containment is provided for the entire contents of the largest single tank plus sufticlent freeboard to allow for precipitation.. Diked areas should be sutJiciently impervious
to contain spilled oll. Dikes. containment curbs. and pits are commonly employed for this purpose. but they may not always be appropriate. An altemat.ive 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 holcl1ng pOnd. (Iii) Drainage of rainwater from the diked
area into a stonn drain or an ellluent dischal'ge that empties into an open water course. lake. or pond. and bypassinc the in-plant treatment system may be acceptable 1f: (A) The bypass
vl1lve. Is normally sealed closed. lB) 􀁉􀁮􀁳􀁰􀁥􀁣􀁾􀁩􀁯􀁮 of the run';olf rain water ensures compliance with applicable water quality standards and Will not cause a harmful discharge
as defined in 40 cm 110. (C) The bypass valve is opened. ana resealed following drainage under reSpOnsible supervision. <D) Adequate records are kept ot such events. ltv) Buried metalltc
storage tanks represent a potential tor undetected spUis. A new buried installation shOUld be protected trom corrosion by coatings. cathodic protection or other effective methods compattble
with lOcal soil con-. ditions. Such bUried tanks should at least be subjected to regular pressure te6ting. (v) Partially buried metalltc. tanks tor t.hestorage of 011 should be avoided.
unless the buried section ot the shell is adequately C06ted. since partial bUrial in damp earth can cause rapid con-osi(ln of metallic sUrfaces.· especially at the earth! air interface.
(vi) Aboveground tanks should be subject to periodic Integrity testing. taking into account tank design (float.mg root, etc.> and using such techniques as hydrostatic testing. visU&1inspect10n
or a syStem ot non-dl!8tructlve shell thickness teet.1ng. Comparison records should be kepi where appropriate. and tank suppOrta and foundations should be inclUded in these inspections.
Iri addition. the out.side of the tank should freQuentlY be oblervec:l by operating penonnel tor signa of deterioration. leaka whklb migbt cauae a spUl. or accumulation of oU 1nIlide
diked areas. (vU) To cont.rol 1eekace through defective intemal heatlDc colla, the fol10wIni factorB IIbould 'be cona1derecl azu:l &DDllecL .. &llPl"OI)l'1ate. (A) The llteun return
or exhaust Una from internal beaun. coOl wbkh dIaocharp JIlto M oPeD water eoune sbould 'be mODitorecl for contamt ""*1on. or puaed tIbroud1 & settl1nl taIlk, sldmmer, or otber aeparaUon
or retention llYIltem. (B) The feutb1llty ot 1Dstamnc an eJI:temaI heating sY8tem should alIo be CCIIlsidered. .. <viU) New and old tank lD.staIlatiooa should. as far as pract1ca1, be
tail-sate engineered or updated into a tail-sale engineered installation to avoid apWs. Consideration should be given to providing one or more of the following devices: <A) High liqUid
level alarms with an audible or visual signal at a constantl7 manned operation or surveillance station; in smaller plants an audible air vent may sumce. (B> Considering size and complexity
of the the facility. high liqUid level pump cutoff devices set to stop t10w at a predetermined tank content level. (C) Direct aUdible or code signal communication between the tank gauger
and the pumping station. (D) A fast response System for determining· the liqUid level of each bulk stora.ge tank such as digital computers. telepulse. or direct vision gauges or their
eqUivalent. (E) Liquid level sensing deVices should be regularly tested to ,insure proper operation. (ix) Plant ellluents which are discharged into navigable waters should have disposal
facUlties observed trequently enough to detect possible system upsets that could cause an 011 spill event. (x) VIsible oil leaks which result in a loss of oU from tank seams. gaskets.
rivets and bolts sufficiently large to cause the accumulation of 011 in diked areas should be promptly corrected. (x1) Mobile or portable oil storage tanks (onshore) should be positIoned
or located so as to prevent spilled 011 from reaching navigable waters. A secondary means of containment. such as dikes or catchment basins, should be furnished for the largest single
compartment or tank. These facilities should be 􀁬􀁾􀁴􀁥􀁤 where they Will not be subject to periodic t100dlng or washout. <3> Facilitll tra.mler operation.s. pumping, and in-DZa.nt
process (onsh.ore): (ueluding production lacilities). (I) Burled piping installations should have a protective wrapping and coatlng and shOll1d be cathodically protected If soli conditions
warrant. If a section of burled line is exposed for MY reason. tt should be carefully examined for deterioration. If corrosion damage is found. additional examination 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. (It) 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-ftanged. and marked as to origin. <110 Pipe SUPP01U should
be properly designed to minimize abrasion and corrosion and allow tor ,",XDaDllton and contraction. Envoronment Reporte, ,) FEDERAL REGULATIONS <tv) All above8roUnd valves and pipel1DeII
sbould be subJected.&0 rec1IlaI' aa.m1nai1oDa bJ' openUnc penoanel M wbJcb t1me tbe lreaeral CODdlUClD 01 items. such U 1IaDce joint.. fIIlrP&'Ydon joints, valve' I1anda &lid bodl-.
ca&ch paDI, p1pel1De lNIIPOna. locIdDI of valva, andmeta1lUrfacea abould be .....ed. In addition. periocUc preuure test.1D8 D1&J' be warranted for plp1nl in· areaa where fac1l1iY drlUDaIre
is such that & faJIure m1gbt lead to a apW event. (v) Vehicular tramc granted eIW"Y into the faci11ty should be warned verbally or by appropriate signs to be sure thai the veh1cle, because
ot Its size, will not endanger &bov!! ground piping. (4) FaciUtllta.ftk car 0.114 ta.nk tru.c1c loading/unloading rac.t (onshore). (1) Tank car and tank truck lo&d1Dg/un10adiDg procedures
should meet the minImum requiremenia and regulation established by the Department ot Transportation (ti) Where rack area drainage does not flow into a catchment basin or treatment facility
designed to handie spills, a qUick drainage system should be usecI tor tank truck loading and unloading areas. The containment system should be designed to hold at least maximum capacJ.ty
of any single compartment of a tank car or tank truck loaded or unloaded in the . plant. (iii) An interlocked warning light or physical barT:ler system. or warning signs, should be provided
in loading/UDloading areas to prevent vehicular departure before complete disconnect of flexible or flxed transfer l1Des. (tv) Prior to tll11nlr and departure of any tank ear or tank
truck. the lowermost drain and all out.lets of such. vehicles should be clO&ely examined for leakage, and it necessary. tightened, adjUliied. or repleced to prevent liquid leakage while
In transit. (5) Oil production /acilitus (onshore). (1) De!inition, An onshore production facility may include all wells. flowlines. separation equtpmen" storage tac1l1ties, gathering
l1Des. and and aUXiliary non-transportation-related 􀁥􀁱􀁷􀁰􀁭􀁥􀁮􀁾 and fac111ties In a single geographical oil or gas field operated by a stngle operator. <11) Oil production facilitll
(on.shore) draina.ge. (A) At tank batteries and central treating stations where an accidental discharge ot 011 would have a reasonable possibility of reaching navigable waters. the dikes
01' eqUivalent required under § 112.7(c) (I) shOUld have drains closed and sealed at I'Jl times except when ralnwater is being drained. Prior to drainage. the diked area should be inspected
as provided In paragraph (e) (2) <lit> (B>. C). and <D). Accumullllted oil on the rainwater should be picked up and returned to storage or d1SpOsed of in accorda.nce with approved methods.
(B) Fteld drainage ditches. road ditches. and 011 traps. SWDP6 ot skimmers. If such exist. should be inspected at relrUlarly acheduled Intervals for accumulation of 011 that may have
escaped from small leaks. Any such accumulations should be removed. (iii) Oil prOftuctWn lacllitll (onshore> bulle storage tanks. (A) No tank should be used for the storace of oU unieu
ita material and coMtruction are compMable with the mater1&l stored and tlhe oonditiol1ll at storace. {Sec. 112.71e1C511iiill 64
, ') OIL POLLUTION PREVENTIC . /' (B) All t&nk battelT and central treatinK plant lnstaJ.latloDS should be provided with a secondary means of c:oat&iDment for the entire contents of
the larlrest single tank if feasible. or alternate Syatema such as those outUned In I 112.7(c) (1). Drainace from undlked areas should be safely contlned in a catchment bas1D or holding
pond. (C) All tanks containing oil should be visually examined by a competent person for condition and need for maintenance on a scheduled periodic b&sis. Such examination should include
the foundation and suPPOrts of t.anka that are above tlhe surface ot the lm)und. (D> New and old tank battelT installations should. as far as practical. be failB&fe engineered or updated
into a failsafe engineered installation to prevent spills. CoDS1deration should be Ir1ven to one or more of the following: <1) Adequate tank c&P&city to assure that a tank w1l1 not overftll
should a pumper/gauger be delayed In maItiDc h15 regular rounds. (2) Overftaw equal1z1ng lines between tanka 80 that a full tank can overftow to an adJacent tank. (3) Adequate vacuum
protection to prevent tank collapse duriIic a pipeline run. (4) High level sensors to generate and transmit an alarm s1aDa1 to the computer where f.ac1lit1es are a paR of a computer
production control system. <1v) FacilitJI traru/er aperaUOfU. oil production lacilit'll (omhore). (A) All above ground valves and pipelines should be exam1Ded period1cal17 on a scheduled
basis for general condition of items such as ftange joints, Valve glands and bodies. drip pans, pipeline suppons. pumping well polish rod stuftlng boxes. bleeder and PUle valves. (B)
8alt water (011 fteld brine) dispOlIa1 facilities should be exam1ned otten. paRlcularly following a sudden change in atmosPheric temperature to detect p0ssible system upsets that could
cause an 011 discharge. (C) Production facilitillll should have a program of ftowline maintenance to prevent spills from this source. The program should include periodic examinations.
corroston corroston protection. ftow11ne replacement, and adequate records: as appropriate, for the individual fac1l1ty. (6) Oil driUing and workover la.ciUtie, (oruhore) (1) Moblle
dr1lling or workover equipment should be positioned or located so as to prevent spilled 011 from reaching navill'lLble waten. (11) Depending on the location. catchment basins or diversion
structures may be necessary to intercept and contain spills of fuel. crude 011, or olly drill1nr ftuids. (111) Before dr1lling below any casing string or durin&' workover operations,
a blowout prevention (BOP) assembly and well control syStem should be installed that is capable of control11ng any well head pressure·that Is expected to be encountered wlUle that BOP
assembly Is on the well. CUin, and BOP installations Ihould be in accordance with state reeU1&to17 seeDeJ requirements. (7) OU d,UZif&(1. prod1lCtion. or tDOrkover la.cilitiu (oll,hore).
(1) DeflD1t1on: "An oil dr1ll1DI. produetlon or workover facillty (offshore)" ID&J" 1Dclude all drlllin, or WOrKover equipment, wells. lIowlines, gathering l1DeIJ. 􀁰􀁾􀁩􀁊􀀮􀁴􀁦􀁯􀁲􀁭􀁡􀀮
and awU11&1T DOntraneportaUoa -related equipment and facWtiea In a stn.gle geograplUcal oil or gas lleld operated bya single operator. (11) 011 drainage collection equipment should be
used to prevent and control small oil spillage around pumpS. glands. valves, flanges. expansion joints. hoses. drain lines.· separators, treaters.· tanks. and all1ed equipment. Drains
on the facillty should be' controlled and directed toward a central collection sump or equivalent collection sYstem su1llcient to prevent discharges of oil Into the navig.... ble waters
of the United States. Where draina and sumps are not. practicable 011 contained in collection equipment should be removed as often as necessary to prevent overftow. (111) For facWties
employing a sump system. sump and dra.tns 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 regular regular scheduled preventive maintenance inspection and testing program should be empioyed to assure rellable operation of the l1quid removal sYstem and pump start-up
device. Redundant automatic sump pumps and control 􀁤􀁥􀁶􀁩􀁣􀁾 may be required on some Instal1&tlons. <1V) In areas where separators and treaten are equipped witb dump valves whose
predominant mode of fallure Is In the closed position and pollution risk is high. the facility should be specially equipped to prevent the escape of oil. This could be accompllshed by
extendtna the 1lare line to a dlked area If tbe separator is near shore, 􀁾􀁵􀁬􀁐􀁐􀀱􀁄􀁬 it witb a high llqUld level sensor that will automatically shut-in wells produc1Dl to the separator.
parallel redundant dump valves. or other feasible alternatiVes to prevent 011 discharges. (v) Atmospheric storage or surae tanks should be equipped with hlah liquid level sensing devices
or other acceptable alternatives to prevent oil d1scharpa. (vi) Pressure tanka should be equipped with high and and low pressure senaiDlr devices to activate an alarm and/or control
the ftow or other acceptable alternatives to prevent oil d1schar,es. (vl1) Tanks should be equipped with suitable corrosion protection. (vi11> A written procedure for Inspectin, and
testinlr pollution prevention equipment and sYstems shCMlld be prepared and maintained at the facillty. Such procedures should be Included as part of the SPCC Plan. (Ix) Testing and
inspection of the pollution prevention equipment and Systems at the faclllty should be conducted by the owner or operator on a scheduled periodic bas1s commensurate with the compleXity,
conditions and circumstances of the facillty or other appropriate re,ulations. 5-111 131:013& (x) Surface aud subnrface well lb. in valvea aDd derieea In 11M " &be fadlity 8bDUId be
􀀸􀁕􀁉􀁬􀁾 dacrtbed to detenDiDe􀁾of activaUoD or CClIltrol. e.,.• pressure cWrerentIaL c:huP in lluid or fknr coad1Uona. CGlDblDatkm of pressure and 1low. manlDl or remote CClIltrol
.mecbNlIRDS Detailed reearda fOC' each welL while 􀁾 nec:eJIIIU'tb" paR of the plaD abould be kept by tbe owuer or operatol'. (xl) Before c1rilllnK below 􀁾 eu1DC strin,. and duriDlr
womover open&iona a blowout preventer (BOP) 1I1=nb},. and well control sYstem shouid be lnatalled that 15 capable of controlllnlr 􀁾 wellhead pressure. that is expected to be encountered
while tbat. BOP 􀀸􀀽􀁣􀁭􀁾 is on tbe well. CUiD, aud BOP1nstaUaUona should be in 􀁡􀁣􀁣􀁯􀁾 with Sta&e reIrulatory agency requirements. (x11) EztreordJna;ry well con&l'al measures should
be provided should emergency coDditiona. includlDlr tire. lou of control and other abnormal coad1t1oDa. occur. Tbe dt!ln!e of c:antrol antcm IedundaDcy should vary with huanI expOSure
and probable coasecrueaees of fallure. It Is reeommended tbU surface shut-in systcma have redundan' OI'"'fau close" valvtnc. SUbsurface safeb ....ves may not be needed In prod1ldq wella
tbat will not lIow but should be tnatalled. as required by applicable state 1'eIrU1ationa. (zW) In order tbat. there will be DO mjSUDdentanCUnc of Join, uul sepuUe dutillll and obUp,tioDa
to perform work In a safe aDd poUllUon free maDDer. written 1DstnIcUoaa sbould be prepared by the owner or operator fOl' coatncton and subcontractors to follow wbeDner COIltrac' acU"t'1tiea
Include 􀁾 a 1nlll or ayatcma appurtemm, to a well or pressure vessel. SUch lnSrucUclaa and procedures should be maintained at tile offshore Production facU1b. Ubder certain c1rcUmsances
and coacUUoDI aucb COIltractor acU"t'1Ues DIa7 require tile presence at the facW.b of an auUloIUed representative of the owner or operator who would intervene wbeD nee 􀁾 to preven'
a spill eftlllt. (xiv) All 􀁭􀁡􀁄􀀱􀁦􀁾􀁤􀁡 (beaders) sbould be equipped wttb cbeck val.. on indlvidual f1owUnIlll. (xv) U the shut-in well' pl'flSPUl'e is greater thaD the worK1DIr
pressure of the flowl1De and man1fold valves up to and lnclud1Dl the header valves e.ssoc1ated witb that individual 1l0wUne. the flowline shouid be equipped witb a hi8h pressure senaiDI
device and shutan valve at the wellhead unless provided witb. a pressure relief system to preven' over pressur1Dlr. (xvi) All pipel1ne.s appurteDaD.t. to the fac1l1ty should be protected
from corros1oIl. Methods used. such as pro&ective coatlnp or cathodlc protection. should be discussed. (xvU> Sub-marine pipelines appurtenant to the facillty should be adequately protected
apJns' environmental stresses and other activities such &I ftsh.1Dc operations. (xviU> Sub-martne pipelines apPurtenant to tbe facWt.J shoUlt' be 1D nod Copyright C 1973 by The Bureau
af Natianal Affair., Inc. ,.
131:0936 operating condition at all times and inspected on a scheduledperiod1c baaia for f&1lurea. Such inspections should be documented and maintained at the factUty. (8) ImpectioJU
and recMcU. Inspections requ1l'ed by this part should be in accordance with written procedures developed for the facility by the owner or operator. 'l11ese written procedures and a record
of the inspections. signed by the 􀂷􀁾􀀭􀁡􀁰􀁰􀁲􀁯􀁰􀁲􀁩􀁡􀁴􀁥 supervtsor or inspector•. should be made part of the SPeC Plan and maintained for a period of three years. (9) Security
(e:rcluding oil production facilities). m All plants handline. 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 unattended. (11) The master flow and drain valves and any other valves that' will permit direCt outward flow of the tank's content to the surface should be securely
locked In the closed position when In non-operatmg or non-standbY· status. (U1) The starter control on all oil pumps should be locked in the "oft" posit.ion or located at a. site accessible
only to authorized personnel when the pumps are in a non-operating or nonstandby status. (Iv) 'n'le 'loading/unloading connections of oil pipelines should be securelycapped or blank-flanged when not in service or standby sel'Vlce for an extended time. This security practice should also apply to pipelines that are emptied of liquid content either
by draining or by inert gas pressure. (v) Facility lighting should be commensurate with the type and location of the facility. Consideration should be given to: (A) Discovery of spills
occurring during hours of darkness. both by operatmg personnel. if present, and by non-operat.ing personnel (the general public. local police. etc.) and (B) prevention of spills occurring
through acts of vandalism. (10) Personnel. training and ,,,ill "revention. procedures. (1) Owners or 01>el'ators are responsible for properly Inst.rocting their personnel in the operat.lon
and maintenance of equipment to prevent the d1scharges of 011 and appltcable pollut.ion control laws. rules and regulations. (11) Each applicable facility should have a designated person
who is accountable for 011 spUl prevention and who reporta to line man&4lement. <i11) Owners or operators should schedule and conduct spill prevention brieflngs for their operating personnel
&t Intervals frequent enough to aB5Ur'fl adequate understanding of the SPC'C Plan for that fac1l1ty. Such briefings ,. should highlight and descrtbe known spW events or fallures. malfunct.loniDg
components, and recently developed precautionary measures. APP&HDa MemoraDdum of UDderstandlng between the 6eCIretary of Tral1llportation and the Admlnlstrator of the EnvlronmeDtal ·Protectlon
Agency. SECnOH D-DEnHITlONS The Environmental Protection Agency and the DepartDient of Transportation agree that for the pUrpo&es of Executive Order 11548. the term: ( 1) "Non-transportatlon-related
onshore and offshore facilities" meal1ll: (A) Fixed onahore and olrshore all weU dril1lng facl1ltles Including all equipment and appurtenances related thereto usecl In drilling operations
for exploratorY or development wells, but excdudlng any tennlnal facilIty. ulUt or process Integrally asaoclated with the handling 01" transferTlng of 011 In bulk to or from a vessel.
(B) Mobile onshore and offShonl 011 well drilling plattonna, barges. truclts. or other mobile facl1ltl. including all eqUipment and 80ppurteDances related thereto when such mobile facUitlN
are ftxed In position few the purpose of drUUng operations for exploratory or developmeDt weUs. but excluding any termlDal facility. unit or pr0ce65 IDtegrally associated with the handllDg
or U"&I1sten1ng of 011 In bUilt to or fram a vessel. (C) Fixed onshore and olrahore 011 production structures. platforms, derrlclts. and rigs including all eqUipment and appurtenances
related t.hereto. as· well as completed wells 80nd the wellhe&d separato!JI, 011 sepsn.t.ors, Bnd storage facilities used (n the productioD of oil. but exclUding any terminal facility,
UDlt or process Integrally associated with the handllDg or. transferTlng of 011 In built to or from a vessel. (0) Mobile onshore and offshore oil production facilities Including aJl
equlpmeDt Bnd appurtenances related thereto as well as completed wells and wellhead equipment, piping from wellhe.ds to 011 separators, 011 separators. and storage facilities used In
the productioD of 011 when such mobile facilities a.re dXed ID POSltlon for t.he purpose of 011 prodUCtiOD operations. but excluding any terminal. fa.etUty, Ul11t or process Integrally
associated With the handUDg or transferrlDg of 011 In bulk to or from a vessel. (E) Oil reftnlng facilities Including all equipment and a.ppurteDaDces related thereto as well as In-plant
processlDg uDlts. storage ulUts. plplDg. dralnage Systelllll and wute treatment uDlta uaed In the redDing of oil. but ezcludlng an,. terminal taclltty. uDlt or proceea Integrally BAOClated
with the handling or tl"ansferTlng of oU In built to ·or from a veuel. (F) 011 storage fa.cll1t1es Including all eqUipment and 8oppUrteD&IlCU related thereto as well as dxed built plant
storage. terminal 011 storage facilities, cODsumer 1Itorage. pum1l'l and dralna«e syatema uaed In the storage of 011. but emudlng lo1lne or breakout storage tanu Deeded tor the CODtiDUOUS
operatloD of a' plpellDe syllt.al1 and any terminal facility, uDlt or process Integrally B.'IlIOClated with the handllDg or transterTlDg of 011 In built to 01' from a vessel. EnVHonmenl
􀁒􀁥􀁰􀁾􀁲􀁬􀁥􀁲 FEDERAL 􀁒􀁅􀁇􀁕􀁌􀁁􀁔􀁉􀁏􀁎􀁾 (G) Induatrlal. COIIIIDIeretal. acncultural ew pUbliC facUwea wlllch u.e &lid .... all. but exclUding any terminal fllCUlty. unit or proceu
Integrally aMIIClatecl wlCb tile baiIdllDC or tranafen1ns of 011 In bUilt to or trom a ..,_1. (H) Wute treatment facllitiea InclucllDs In-plant PlpeliDes. elJluent dlacharp lin•• and
storage tanka, but excluding _te treatment facilities located on vessels and terminal storage tanka and appurteDances for the reception of oily ballast _ter or tanlt wuhIngs from vessels
and aasoc1ated systems \I.IeCl for off-loading v_Is. (I) Loading racks. transfer hose.. loe41JIg arms and other eqUIpment which are appurtenant to a DODtransportatlon-relatecl facUlty
or terminal facility and which are used to transfer 011 In built to or from hlghwa,. vehicles or railroad cars. (.1) Hlgbway vehicles and railroad cars whlcb are used for the transport
·of 011 exclusively within the condnes ofa nontl'ansportatlon-related facility and wblch are Dot Intended to transport. 011 In Interstate or intrastate commerce. (It) PlpeliDe systems
which are used for the transport of 011 ezcluslvely within the conftnes of anontransportatloD-related facilIty or terminal facility aDd wlllch are DOt Intended to transport 011 In Interstate
or Intrastate commerce. but exclucl1ns pipeline systems used to transfer 011 In bUilt to ew Crom a vessel. (2) "transportation-related onshore and offshore facilities" means: (A) Onshore
and olfshore term1nal facilities including transfer hoses. loading arma Bnd other equipment and appurtenances .used for the purpose of handling or transferring oU In bulk to or from
a vessel as well as storage tanks and appurtenances for the 􀁲􀁥􀁣􀁥􀁰􀁾􀁬􀁯􀁮 of oU,. ballast water or tanlt washlDgs from v_ls. but excluding terminal waste treatmeDt facilities and
terminal 011 storage facilities. (B) Transfer hoses. la.dlng arms and otber equipment appurtenant to a DOI1transportation-related facility wblcb Is usecl to transfer 011 In bUlk to or
from. a vessel. IC) Interstate and Intra.state onshore and ol'fshore pipeline systems IDciUdlng pumps 80M appurtenances related thereto as well as in-line or brealcout storage taoI1Its
needed for the continuous operation of a pipeline system. and pipelines from onshore and olrshore 011 production facilities. but ucludln« onshore and offshore plpl.Dg from wel1he&ds
to oU separaton and pipelines which are used for the t.raD.SpOrt of 011 elt'Cluslvely within the condoee of a nontranaportatlonrelated facility or terminal facility and which are not
Intended to t.raI1SpOrt 011 In Interstate or Intrastate commerce or to transfer 011 In bUilt to or from a vessel. (0) Highway vehicles and railroad ca.rs which are used far the transport
of all In Interstate or Intrastate commerce and the eqUipment and a.ppurtenances related thereto. and equlpmeDt used for the fueling of locomotive Wlltll, u well u the rightsof-way on
which they operate. Excluded are highway vehicles and rallro&d ca.n and motive power used exclusively Within the conftnes of a nontranaportation-r'!!lated facility or tennlnal facUlty
and which are Dot IDtended for use In Interstate or Ultrastate commerce. 20
􀀭􀀮􀁾 · . \( f':: .•􀁾 􀁍􀁾 􀁾􀁔 t-//2,7-')J.K 􀁾 tJd2 2, 9/t&p Suggested Procedure for 􀀨􀁾􀀣􀀭 S%'3'f Development of Spill Prevention Control and Countermeasure Plans ., (To Assist
Conformance to Requirements of Title 40, Code of Federal Regulations, Part 112.) API BULLETIN 016 (BUL 016) SECOND EDITION, AUGUST 1,1989 American Petroleum Institute 1220 L Street,
Northwest Washington. DC 200051]?
) Issued by AMERICAN PETROLEUM INSTITUTE Production Department FOR INFORMATION CONCERNING TECHNICAL CONTENTS OF THIS PUBLICATION CONTACT THE API PRODUCTION DEPARTMENT, 1201 MAIN STREET,
SUITE 2535, DALLAS, TX 75202-3904-(214)748-3841. SEE BACK COVER FOR INFORMATION CONCERNING HOW TO OBTAIN ADDITIONAL COPIES OF THIS PUBLICATION. Users of this publication should become
familiar with its scope and content. This publication is intended to supplement rather than replace individual engineering judgment. OFFICIAL PUBLICATION REG. U.s. PATENT OFFICE Copyright
0 1989 American Petroleum Institute
'.' Section TABLE OF CONTENTS Page Reference POLICy .iii FOREWORD iv INTRODUCTION " 1 GENERAL DISCUSSION, ADMINISTRATIVE SECTIONS, 40 CFR PART 112 1 Applicability 1 Requirements for
Preparation and Implementation of SPCC Plans 2 Certification , " 2 Plan Availability " " " 2 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Civil Penalties 3 GUIDELINES FOR PLAN PREPARATION AND IMPLEMENTATION; SECTION 112.7; 40 CFR PART112 3
PART I, INSTRUCTIONS, GENERAL INFORMATION 5 PART II, ALTERNATE A INSTRUCTIONS, ONSHORE FACILITY (EXCLUDING PRODUCTION) 6 Facility Drainage. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. 6 Bulk Storage Tanks. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 Facility Transfer Operations, Pumping, and In-plant"Process '." 6 Facility Tank Car and Tank
Truck LoadinglUnloading Rack 􀁾 6 Security 7 PART II, ALTERNATE B INSTRUCTIONS, ONSHORE PRODUCTION FACILITy 7 Facility Drainage 7 Bulk Storage Tanks. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Facility Transfer Operations 7 Oil Drilling and Workover Facilities '"
7 PART II, ALTERNATE C INSTRUCTIONS, OFFSHORE OIL DRILLING, PRODUCTION, OR WORKOVER FACILITY 8 Facility Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 Sump System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 Separator and Treater Dump Valves 8 Tanks 8 Pollution Prevention Equipment and Systems 8 Well Control Systems and
Equipment 8 Written Instructions for Contractors , 8 Flowlines : 8 Pipelines 8 APPENDICES · .OIL POLLUTION PREVENTION-NON-TRANSPORTATION RELATED ONSHORE AND OFFSHORE FACILITIES (40 CFRPART112)
App. A · .PROTECTION OF THE ENVIRONMENT-DISCHARGE OF OIL (40 CFR PART110) App. B · .SUGGESTED MODEL FORMS (SPCC PLAN) App. C .Part I, General Information .Part II, Alternate A; Design
and Operating Information, Onshore Facility (Excluding Production) .Part II, Alternate B, Design and Operating Information, Onshore Oil Production Facility .Part II, Alternate C, Design
and Operating Information, Offshore Oil Drilling, Production, or Workover Facility i
)'ABLE OF CONTENTS (CONTINU1'R) Section .SPCC Plan, Attachment #1, Spill History .SPCC Plan, Attachment #2, Oil Spill Contingency Plans and Written Commitment of Manpower .SPCC Plan,
Attachment #3, Onshore Facility Bulk Storage Tanks Drainage Systems .SPCC Plan, Attachment #4, Offshore Oil Drilling, Production, or Workover Facility Pollution Prevention Equipment
and Systems .SPCC Plan, Attachment #5, Offshore Oil Drilling, Production, or Workover Facility Well Control Systems and Equipment ii
POLICY API PUBLICATIONS NECESSARILY ADDRESS PROBLEMS OF A GENERAL NATURE. WITH RESPECT TO PARTICULAR CIRCUMSTANCES, LOCAL, STATE, AND FEDERAL LAWS AND REGULATIONS SHOULD BE REVIEWED.
API IS NOT UNDERTAKING TO MEET DUTIES OF EMPLOYERS, MANUFACTURERS, OR SUPPLIERS TO WARN AND PROPERLY TRAIN AND EQUIP THEIR EMPLOYEES, AND OTHERS EXPOSED, CONCERNING HEALTH AND SAFETY
RISKS AND PRECAUTIONS, NOR UNDERTAKING THEIR OBLIGATIONS UNDER LOCAL, STATE, OR FEDERAL LAWS. NOTHING CONTAINED IN ANY API PUBLICATION IS TO BE CONSTRUED AS GRANTING ANY RIGHT, BY IMPLICATION
OR OTHERWISE, FOR THE MANUFACTURE, SALE, OR USE OF ANY METHOD, APPARATUS, OR PRODUCT COVERED BY LETTERS PATENT. NEITHER SHOULD ANYTHING CONTAINED IN THIS PUBLICATION BE CONSTRUED AS
INSURING ANYONE AGAINST LIABILITY FOR INFRINGEMENT OF LETTERS PATENT. GENERALLY, API STANDARDS ARE REVIEWED AND REVISED, REAFFIRMED, OR WITHDRAWN AT LEAST EVERY FIVE YEARS. SOMETIMES
A ONE-TIME EXTENSION OF TWO YEARS WILL BE ADDED TO THIS REVIEW CYCLE. THIS PUBLICATION WILL NO LONGER BE IN EFFECT FIVE YEARS AFTER ITS PUBLICATION DATE AS AN OPERATIVE API STANDARD
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OF API PUBLICATIONS AND MATERIALS IS PUBLISHED ANNUALLY AND UPDATED QUARTERLY BY AMERICAN PETROLEUM INSTITUTE, 1220 L ST., N. W., WASHINGTON, D.C. 20005 (TELEPHONE 202-682-8375). iii
) FOREWORD In 1970 Congress enacted the Water Quality Improvement Act which stated that the policy of the United States is that there shall be no discharges of oil into the navigable
waters of the United States. The discharge of harmful quantities of oil into navigable waters of the United States is prohibited. The current definition of what has been determined to
be a "harmful quantity" includes in Title 40, Code ofFederal Regulations, Part 110 (40 CFR Part 110)", "Protection ofEnvironment-Discharge ofOil", those discharges which will cause a
sheen or discoloration ofthe surface ofthe water or a sludge or emulsion to be deposited beneath the surface ofthe water. Title 40, Code ofFederalRegulations, Part 112 (40 CFR Part 112)",
"Oil Pollution Prevention-Non-transportation Related Onshore and Offshore Facilities", was promulgated December 11, 1973 pursuant to Section 311 (j)(l)(C) ofthe Federal WaterPolution
Control ActAmendments of1972 which requires the establishment of procedures, methods, and equipment to prevent and contain discharges of oil. This bulletin has been developed by the
American Petroleum Institute, Production Department, to assist oil and gas producing operators in their efforts to comply with the regulations in 40 CFR Part 112. These regulations became
effective on January 10, 1974, and are applicable to non-transportation related onshore and offshore facilities which have discharged or, due to their location, could reasonably be expected
to discharge oil into or upon the navigable waters ofthe UnitedStates or adjoining shorelines. As pertaining to offshore facilities, the regulations are limited to those facilities that
lie within, on, or under any ofthe navigable waters ofthe United States. Facilities located beyond the territorial seas are not covered by 40 CFR Part 112. These regulations require
that operators of applicable facilities prepare a Spill Prevention Control and Countermeasure (SPCC) Plan for each production facility (which may include a portion or all of the producing
facilities of each individual operator within an oilfield) by July 10, 1974 unless an extension is granted because compliance is not possible due to the nonavailability of qualified
personnel or if there are delays in construction or equipment delivery beyond the control and without the fault of the operator. Implementation of the individual SPCC Plans is to be
accomplished by January 10, 1975 unless qualified personnel are not available or if there are delays in construction or equipment delivery beyond the control and without the fault of
the operator. Attached are suggested forms, Part I and Part II (Alternates A, B, and C), which may be utilized and/or copied as necessary in the preparation of either single or multiple
facility SPCC Plans. Regardless of the size or location of an oil producer's operation, it is necessary that an assessment be made of those operations to determine whether or not the
provisions of the oil pollution prevention regulations are applicable. Basically, the criteria is that if it can be be reasonably expected that a discharge of oil at a production facility,
including a gasoline plant, will enter the navigable waters of the United States or adjoining shorelines that facility is subject to the regulations. The attached regulations and discussion
will assist the operator in making the proper assessment. As is indicated by the title of the regulations their purpose is to prevent oil discharges from getting into navigable waters.
The first line of defense is to urge the use of pollution prevention equipment and to train and educate operating personnel to reduce human errors so that accidental discharges may be
reduced to a minimum. The second line of defense is secondary containment, where appropriate, to prevel\t any accidental discharge from reaching navigable waters. Where secondary containment
is not practicable, the operator must show that he has prepared an adequate oil spill contingency plan and that management is in full support of the contingency plan with a commitment
of necessary manpower and materials. This Second Edition supersedes and replaces the First Edition, March 1974 (Reissued February 1976). Attention Users: Portions ofthis publication
have been changed from the previous edition. The location ofchanges have been marked with a bar in the margin, as shown to the left of this paragraph. In some cases the changes may be
significant, while in other cases the changes reflect minor editorial adjustments. The bar notations in the margins are provided as an aid to users as to those parts ofthis publication
that have been changed from the previous edition, but API makes no warranty as to the accuracy ofsuch bar notations. •Available from Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402. iv
2 ) American Petroleum Institute (4) Facilities which, due to their location, could not reasonably be expected to discharge oil into or upon the navigable waters of the United States
or adjoining shorelines. Non-transportation related production facilities include, but are not limited to, oil production lease facilities, mobile or portable drilling or workover rigs
operating in a fixed mode, portable fueling facilities, and gas processing plants. Gas treating and compression operations integrally associated with oil production operations or gas
processing plants are to be considered a part of the production lease or plant facility. Individual SPCC Plans must be prepared by the owner or operator of each mobile or portable drilling
or workover rig. These plans will apply from location to location and need not be redone each time the rig moves. Well and lease service operations such as paraffin and scale removal,
etc., are to be covered by the SPCC Plan prepared for the lease production facility. In order to determine which production facilities will require SPCC Plans, the owner or operator
mustmake a determination ofthose facilities from which a discharge could "reasonably be expected" to get into navigable waters or upon adjoining shorelines. Obviously, if a facility
is far removed from navigable waters the chance for a discharge at that location getting into the navigable waters may be very remote. All facilities should be examined critically to
determine if, in the judgment of the owner or operator, a discharge at that location could logically be expected to get into such water. "Among the factors the owner or operator should
consider in making such determination are: (1) prior spill history; (2) location (proximity to navigable waters); (3) potential size of discharge; (4) type of soil and terrain; and (5)
frequency and amount of rainfall. The phrase "reasonably be expected" means that the expectation is logical, rational, sensible, justifiable, credible, plausible, etc. The term "navigable
waters" is defined in the attached regulations (40 CFR Part 112) in Section 112.2 (k) (see page 34165). Generally speaking, every body of water or continuous stream should be considered
as navigable. The definition includes the following: (1) waters that are navigable in fact; (2) waters declared navigable by a Federal agency or court; (3) tributaries of navigable waters;
(4) interstate waters; and (5) intrastate lakes, rivers, and streams (a) from which fish or shellfish are taken and sold in interstate commerce, or (b) which are utilized by interstate
travelers for recreational or other purposes. REQUIREMENTS FOR PREPARATION ANDIMPLEMENTATIONOFSPCCPLANS SPCC Plans are to be prepared and maintained at an appropriate place near or at
the facility by July 10, 1974, for facilities in operation on January 10, 1974, or within 6 months of the date of first operation for newly constructed facilities. If it is not possible
to prepare the SPCC Plan within the required period because of nonavailability of qualified manpower the operator may request an extension oftime from the EPA Regional Administrator,
setting forth the details of the request in a letter. Operators are to implement the SPCC Plans as soon as possible after preparation, but no later than one year after date of first
operation or by January 10, 1975, whichever is the latest. If an operator cannot comply with this time requirement due to nonavailability of qualified personnel or delay in construction
or equipment delivery beyond his control, he may request an extension of time by a letter request to the EPA Regional Administrator. The letter must include: (1) a complete copy of the
SPCC Plan; (2) a full explanation of the cause for any such delay and the specific aspects of the SPCC Plan affected by the delay; , (3) a full discussion of actions being taken or contemplated
to minimize or mitigate such delay; and (4) 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. CERTIFICATION Each SPCC Plan must be reviewed and certified by a: Registered
Professional Engineer. The engineer must be familiar with the provisions of 40 CFR, Part 112 and must have examined the facility and attest that the Plan has been prepared in accordance
with good engineering practices. It is not necessary by this regulation that the engineer be registered in the state in which the facility is located. However, for the protection of
the Registered Professional Engineer local licensing requirements should be ascertained. PLAN AVAILABILITY The operator of a facility for which a SPCC Plan is required must maintain
a complete copy of the Plan at the facility, if manned at least 8 hours per day, or at the nearest field office if unmanned. The Plan must be made available to EPA personnel for on-site
review anytime during normal working hours.
Bulletin D16: Development ofSPCC Plans 3 ) CIVIL PENALTIES not general. For instance, it would be inadequate to report simply that the cause of a spill was the failure of a storage tank.
The failure analysis should indicate in some detail the nature of failure that caused the spill. (9) The corrective actions and/or countermeasures taken, including an adequate description
of 􀁾􀁱􀁵􀁩􀁰􀁭􀁥􀁮􀁴 repairs and/or replacements. (10) Additional preventive measures taken or contemplated to minimize the possibility of recurrence. (11) Such other information as
the EPA Regional Administrator may require. A complete copy of all information provided to EPA must also be sent at the same time to the state agency in charge of water pollution control
activities. The state agency may review the information and make recommendations to EPA to prevent and to contain discharges of oil from the facility. The EPA will review the information
and any recommendations made by the state agency and may require the operator to amend the the SPCC Plan. When EPA proposes to require an amendment to the Plan, the operator will be
notified by certified mail or by personal delivery. The EPA will specify the terms of such amendment. Within 30 days from receipt of this notice, the operator may submit written information,
views, and arguments on the proposed amendment requirement. Mter considering all material presented, EPA will notify the operator of the amendment required or will rescind the notice.
The amendment required becomes a part of the SPCC Plan 30 days after such notice, unless the operator appeals, and the operator must implement the amendment as soon as possible but not
later than six months after the amendment becomes a part of the Plan. All SPCC Plan amendments, except those proposed by the EPA Regional Administrator, must be certified by a Registered
Professional Engineer. The owner or operator is required to amend the Plan for the following reasons: (1) when required by the EPA after review of the Plan, submitted because of a spill
event; (2) whenever there is a change in facility design, construction, operations, or maintenance which materially affects the potential for an oil spill; or (3) the owner or operator
is required to review each SPCC Plan at least once every three years, and an amendment is required if such review indicates more effective control and prevention technology will significantly
reduce the likelihood of a spill event (and if such technology has been field proven). Commencirig January 10, 1975, unless an extension of time has been granted by the EPA Regional
Administrator, the operator must submit the SPCC Plan with any amendments to EPA and to the appropriate state agencies whenever a facility has: (1) discharged more than 1,000 U. S. gallons
(approximately 24 barrels) into navigable waters in a single spill event; or (2) discharged oil in harmful quantities, as defined in 40 CFR Part 110, into navigable waters in two reportable
spill events within any 12-month period. Within 60 days of the occurrence of either either of these two conditions the operator must submit to the EPA Regional Administrator the following:
(1) Name of the facility. (2) Name of the owner or operator of the facility. (3) Location of the facility. (4) Date of initial facility operation (date of first production or first gas
plant start-up). (5) Maximum storage or handling capacity of the facility and current normal daily throughput. (6) Description of the facility, including maps, flow diagrams, and topographical
maps. " (7) A complete copy of the SPCC Plan with any amendments. (8) The 􀁣􀁡􀁵􀁳􀁾 of such spill, including a failure analysis of the system or subsystem in which Owners or operators
of facilities who violate the the failure occurred. Lease production fadIi-requirements of the regulations relating to the ties may be divided into drilling, production, preparation,
implementation, and amendments to and gathering systems for 􀁩􀁤􀁥􀁮􀁴􀁾􀁦􀁩􀁣􀁡􀁴􀁩􀁯􀁮 pur-SPCC Plans are liable for a civil penalty of not poses in reporting to EPA. These major sys-more
than $5,000 for each day that such violation tems can be broken down. into various com-continues. The EPA Regional Administrator may ponents or subsystems. The failure analysis assess
and compromise such civil penalty. No penis to examine and explain the reason for the alty will be assessed until the owner or operafailure resulting in the spill event. The tor has
been given notice and an opportunity for analysis should be explicit, definitive, and hearing. GUIDELINES FOR PLAN PREPARATION AND IMPLEMENTATION AMENDMENTS (Section 112.7; 40 CFRPart
112; Pages 34167-34170) Guidelines for the preparation and implementation of a SPCC Plan are given in Section 112.7 of I the regulations (40 CFR Part 112).ThePlan is to be a carefully
thought-out Plan prepared in accord
4 American Petroleum Institute )! (2) PART II, DESIGN AND OPERATING INFORMATION. There are three different or alternate forms developed for the purpose of recording information specific
to the design and operation of a facility, as such design .and operation pertain to the prevention of discharge of harmful quantities of oil into navigable waters. The forms are for
three different classifications of facilities as follows: (a) ALTERNATE A, ONSHORE FACIUTY (EXCLUDING PRODUCTION). This form is for onshore facilities that are not oil producing facilities,
such as gasoline plants. ance with good engineering practices and which has the full approval of management at a level of authority to commit the necessary resources. Ifthe Plan calls
for additional facilities or procedures, methods, or equipment not yet fully operational,these items are to be discussed separately. The details of installation and operational start-up should be explained. The suggested forms as attached in Part I and Part II (Alternates
A, B, and C), were developed to assist the oil producing industry in preparation of SPCC Plans for onshore and offshore facilities of a non-transportation nature which have discharged
or, due to their location, could reasonably be expected to discharge oil into or upon the navigable waters of the United States or adjoining shorelines. It is not necessary that SPCC
Plans be prepared utilizing these particular forms. However, these suggested forms may be utilized and/or copied as necessary in the preparation of either single or multiple facility
SPCC Plans. The use of these suggested forms will simplify preparation and provide uniformity in completed Plans. The forms that have been developed are: (1) PART I, GENERALINFORMATION.
This form is for recording information of a general nature and is applicable to all facilities. I(b) ALTERNATE B, ONSHORE OIL PRODUCTION FACILITY. This form is for onshore facilities
involved in the production of oil, including condensate. Includes all producing facilities such as wells, gathering lines, separation and treating, and storage or custody transfer. This
form, without review and study, should not necessarily be presumed to be adequate to meet all the requirements for preparation of SPCC Plans for onshore drilling and workover rigs. (c)
ALTERNATE C, OFFSHORE OIL DRILLING, PRODUCTION, OR WORKOVER FACILITY. This form is for offshore non-transportation related production facilities, located in, on, or under any ofthe navigable
waters ofthe United States and mobile drilling and workover rigs while they are operating within the navigable waters. It is not necessary, by 40 CFR Part 112, to prepare SPCC Plans
for facilities that are located beyond the territorial seas. So many ofthe provisions in Section 112.7 (e)(7) (see page 34169) of40 CFR Part 112 (attached) are applicable to both production
and drilling or workover operations that it is thought that one form should be adequate for all such facilities. A completed Plan utilizing the attached suggested forms will consist
of three parts: (1) Part I, General Information. (2) Part II, Design and Operating Information (Alternate A, B, or C). (3) Appendix-supplemental information recommended by the gUidelines,
such as inspection records, written procedures, contingency plans, maps, etc. To assist in the differentiation between "onshore" and "offshore" facilities the following comments may
be helpful: "Offshore" facilities mean'those facilities that are located in rivers, lakes, bays, estuaries, territorial waters of the United States, or in marsh areas where some or all
of the facility is over or in water. There will be some locations where the determination of whether the facility is "offshore" or "onshore" will be doubtful, e.g., inland rivers; small,
shallow lakes; etc. The question of proper identification of the facility in doubtful locations should be referred to appropriate legal counsel. The guidelines provide for inspections
of certain items of equipment to determine the state of their condition and ability to adequately prevent the accidental discharge of oil as a result of failure. The procedures for conducting
inspections should be written in the SPCC Plan and a record of such inspections should be made a part of the Plan and retained for a period of three years. A production facility (onshore
or offshore) may include all operations within a single geographical field. However, ifit is appropriate, a facility may be subdivided and a SPCC Plan prepared for each division. The
SPCC Plan prepared for a gas plant, whether located onshore or offshore, should follow the format of the form designated "Part II, Alternate A, Onshore Facility (Excluding Production)".
The forms are designed so that the preparing person can usually answer "YES;', "NO", or "NA" (not applicable) to statements referring to tHe guideline provisions of the regulation. Space
is provided for discussion of the operations or proce
American Petroleum Institute )PART II, ALTERNATE A INSTRUCTIONS ONSHORE FACILITY (EXCLUDING PRODUCTION) tions, or inspection by a system of non-destructi ' 􀁾􀁨􀁥􀁬􀁬 􀁴􀁾􀁩􀁣􀁫􀁮􀁥􀁳􀁳
gauging. 􀁾􀁰􀁰􀀺􀁯􀁰􀁲􀁩􀁡􀁴􀁥 records 􀁯􀁦􀁾􀀺 􀁭􀁳􀁰􀁥􀁣􀁾􀁬􀁯􀁾 should be maIntaIned. 􀁾􀁥􀁣􀁯􀁲􀁤􀀸 need not be maIntaIned for the regular, routIne observationS' . made by the plant
workmen. " .. When leakage from defective internal heating} coils could discharge oil into an open watercou such leakage should be controlled by (a) 􀁭􀁏􀁮􀁩􀁴􀁯􀁾􀂭 the steam return
or exhaust lines for the presenceof oil; (b) passing the steam return or exhaust linea':" 􀁴􀁾􀁲􀁯􀁵􀁧􀁨 a settling tank, 􀁳􀁾􀁭􀁭􀁥􀁲􀀬 or other separa.'. bon system; or (c) replaCIng
the internal heating!' coil with an external heating system. Each bulk storage tank should be externally ex•.􀀬􀀮􀀭􀁾􀀧 amined frequently for signs of deterioration and' leaks. All tank
installations should be fail-saCe: engineered, as far as practicable. Consideration should be given to the use of high-liquid-level alarms with an audible or visual signal, high-level'
pump cutoff devices, fast response system for determining liquid levels, equalizing lines between tanks, or other automatic safety devices. Plant effluents which are discharged into
a watercourse should have disposal facilities o"!>-, served frequently enough to detect any possible system upset that could cause an oil discharge. Visible oil leaks which result in
a loss of oil from tank". seams, gaskets, rivets, or bolts should be promptly -corrected. C. Facility Transfer Operations, Pumping, and In-plant Process Buried piping installations should
have a protee-: tive wrapping and coating and should be cathodi· 􀀭􀁾 cally protected if soil conditions warrant. If a sec-':, tion of buried line is exposed for any reason, it' should
be inspected for condition. If corrosion dam-_' age is found, additional inspection and corrective.: action should be taken as indicated by the mag-.': nitude of the damage. When a pipeline
is not in ,-. service or is in standby service for an 􀁥􀁸􀁴􀁥􀁮􀁾􀁥􀁤 time, the terminal connection at the transfer point should be capped or blind-flanged. Pipe suppo.rtI should be
properly designed'to minimize abraslOD and corrosion and allow for expansion and contral:-􀀬􀀬􀁾.• tion. All above-ground valves and pipeline should'be subjected to regular examination.
Vehicle traffic . should be warned and/or regulated to assure no danger to above-ground piping. '; D. Facility Tank Car and Tank Truck Loadia# Unloading Rack , Tank car and tank truck
loading/unloading raa, procedures should meetthe minimum 􀁲􀁥􀁱􀁵􀁩􀁲􀁥􀁭􀁾􀁴􀁉 established by the Department 􀁯􀁦􀁔􀁲􀁡􀁮􀁳􀁰􀁯􀁲􀁴􀁡􀀬􀀮􀀡􀁩􀀰􀁾􀀧 (refer to 49 CFRParts 171, 173, 174,
177, 􀁡􀁮􀀴􀀱􀀺􀀺􀁾􀀬􀂭 A quick drainage system should be proVld 1D . loading/unloading areas. The 􀁣􀁯􀁮􀁴􀁡􀁩􀁮􀁭􀁥􀁮􀁾 S)"" tern should be designed to hold at least max1mU!D;:.; .
􀀢􀁩􀁾 *Available from Superintendent of Documents U.S. GO\·etIt't: ment Printing Office, Washington, D.C. C. 20402. .i--This form may be used in the preparation of SPCC Plans for non-production
onshore facilities, such as gasoline plants. A. Facility Drainage Diked storage areas should have manual valves, manually activated pumps or ejectors, or other acceptable alternatives
to drain or empty retained storm water. The condition of the water should be checked before drainage to ensure that no oil is discharged. Plant drainage systems for undiked areas should
flow, if possible, into either (a) ponds, lagoons, or catchment basins designed to retain oil or return it to the facility, or (b) a diversion system at the final discharge of all in-plant
ditches that could contain an uncontrolled spill and return the oil to the plant. Where drainage waters are treated in more than one treatment unit, natural hydraulic flow should be
used. If pump transfer is used, two "lift" pumps should be provided. If the treatment is continuous, one of the pumps should be permanently installed. Drainage of rain water from dikes
into a storm drain or into an effluent discharge which empties into an open watercourse, lake, or pond may bypass the in-plant treatment system if (a) the bypass valve is normally sealed
closed, (b) the effluent is inspected to ensure compliance with applicable water quality standards and that no harmful discharge will occur, (c) the opening and resealing of the bypass
valve is conducted under responsible supervision, and (d) adequate records are kept of such events. B. Bulk Storage Tanks Bulk oil storage tank construction and material should be compatible
with the oil stored and the storage conditions such as pressure, temperature, etc. Secondary containment should be provided for the capacity of the largest single tank plus a sufficient
allowance for precipitation. Dikes, curbs, and pits are commonly used for this purpose. Dikes should be sufficiently impervious to contain oil. In considering the additional volume to
be provided to take care of precipitation, the determination should consider the greatest amount of rainfall that may reasonably be expected to occur in a storm. An alternative system
could consist of a drainage trench arranged so that a spill could terminate and be contained in a catchment basin. New metallic tanks buried underground should be protected from corrosion
by coatings, cathodic protection, or other effective methods compatible with local soil conditions. Such tanks should be pressure tested at regular intervals. Partially buried metallic
tanks should be avoided unless buried portions are adequately protected. Above-ground tanks should be subjected to appropriate integrity testing. Appropriate procedures 􀁭􀁩􀁾􀁨􀁴 include
hvdrostatic 􀁴􀁥􀁳􀁴􀁩􀁮􀁾􀀮 visual inspec-6 •
)ulletin DI6: Development ofSPCC Plans 7 I D. Oil Drilling & Workover Facilities During drilling or workover operations, the production facility operator should ascertain that a blowout
preventer assembly and well control system is installed that will be capable of controlling any wellhead pressure anticipated. [The drilling or workover rig owner or operator (contractor)
must prepare and implement a SPCC Plan that will pertain to the drilling or workover rig.] The blowout preventer installation should be in accordance with requirements of state and other
applicable rules and regulations. The degree of well control system redundancy and "fail-safe" valving design should vary with hazard exposure and probable consequences of failure. Both
new and old tank battery installations should be properly designed and equipped to prevent the accidental discharge of oil. Fail-safe engineering features which should be considered
in construction or modification include adequate sizing of tanks, use of overflow equalizing lines, adequate vacuum protection, and the use of highliquid-level sensors when a computer
production control system is used. C. Facility Transfer Operations In the oil and water transfer operations that take place within the facility, all above-ground valves and pipelines
should be examined on a scheduled basis for general conditions of items such as flange joints, valve glands and bodies, drip pans, pipeline supports, pumping well polish rod stuffing
boxes, bleeder and gauge valves, etc. Salt water disposal facilities should be examined frequently, particularly following changes in pressure or temperature conditions that could cause
line failure. Records should be kept of flow line repairs and used by the operator as a basis for a maintenance and replacement program designed to eliminate or minimize accidental oil
discharges. capacity of any single tank truck compartment loaded or unloaded in the plant. An interlocked warning light, a physical barrier system, or warning signs should be provided
in loading/unloading areas to prevent vehicle departure before complete disconnect. Drains and outlets on tank cars and tank trucks should be examined for leakage prior to filling. should
use as security measures, fences and locked and/or guarded gates when the plant is not in production or is unattended. Other measures should include locked valves on tanks ifthe valves
could permit a spill, secured or electrically isolated starter controls on oil pumps, capped or blindflanged loading/unloading connections ofoil pipelines when not in service, and lighting
adequate to permit surveillance of the facility. The lighting E. Security around the facility should be discussed in the I' All plants (excluding oil production facilities) SPCC Plan.
' PART II, ALTERNATE B INSTRUCTIONS, ONSHORE OIL PRODUCTION FACILITY ¥::-This form may be used to prepare a SPCC Plan Tanks should be visually examined by a compefor oil production facilities
located onshore. It has tent person for condition and need for maintenance been developed specifically for producing opera-on a scheduled,' periodic basis. Such inspection tions and
should not necessarily be presumed to be should include the foundation and supports of tanks adequate for application to onshore drilling or that are above the surface of the ground.
These exworkover rigs. aminations should be more comprehensive than the A. Facility Drainage 􀁯􀁢􀁳􀀮􀁥􀁾􀁶􀀮􀁡􀁴􀁩􀁯􀁮􀁳 made by pumpers in their routine . actIvItIes. DIked storage
areas should have manual valves or other acceptable alternative on drains. The condition of retained storm water for the presence of oil should be determined before drainage. All drains
from tank battery or central treating station secondary containment structures should be closed and sealed except during drainage of rain water. Drainage of rain water from dikes into
a storm drain or into an effiuent discharge which empties into an open watercourse, lake, or pond may bypass the facility treatment system if (a) the bypass valve is normally sealed
closed, (b) the effiuent is inspected to ensure compliance with applicable water quality standards and that no harmful discharge will occur, (c) the opening and resealing of the bypass
valve is conducted under responsible supervision, and (d) adequate records are kept of such events. Field drainage ditches, road ditches, and oil traps or skimmers should be inspected
at regular intervals for accumulations of oil that may have escaped from small leaks. Accumulated oil should be returned to storage or disposed of by an approved method. ,B. Bulk Storage
Tanks Oil storage tank construction and material should be compatible with the oil stored and the storage conditions such as pressure, temperature, etc. Secondary containment should
be provided for the capacity of the largest single tank plus a sufficient allowance for precipitation. Dikes, curbs, and pits are commonly used for this purpose. Dikes should be sufficiently
impervious to contain oil. In considering the additional volume to be provided to take care of precipitation, the the determination should consider the greatest amount of rainfall that
may be reasonably expected to occur in a storm. An alternative system could consist of a drainage trench arranged so a spill could terminate and be contained in a catchment basin. ---.
8 American Petroleum Institute ..... ) . -. 􀀻􀀬􀁾 .PART II, ALTERNATE C INSTRUCTIONS OFFSHORE OiL DRILLING, PRODUCTION, OR WORKOVER FACILITY This form may be used in preparation ofSPCC
. Plans for offshore production facilities and drilling or workover rigs used in offshore operations. The form was designed specifically for producing facilities but is also thought
to be adequate for I application to offshore drilling and workover rigs. A. Facility Drainage All sources of drips and small spillages of oil on offshore platforms should be protected
with drains and drip pans to catch the oil before it can enter the water. Drip pans should be observed at regular intervals and emptied when necessary to make sure they do not fill to
overflowing. Drains should empty into sumps which should be emptied as often as necessary to prevent overflowing. B. Sump System The sumps provided as overflow and spill collection equipment
should be large enough to allow protection against accidental spillages. Some adequate alternate means should be provided for removing the liquid caught in the sumps in case the primary
sump pump becomes inoperative. The pump and start-up device should be inspected and tested at regular intervals to ensure they are functional at all times. c. Separator and Treater Dump
Valves If the predominant mode of failure of dump valves used on separators and treaters at an offshore facility is in the closed position, the potential for pollution is not great if
the pressure relief line extends to a surge tank or scrubber which would catch any fluid overflowing through the relief line. D. Tanks All tanks should be equipped with protective devices
to reduce the potential for overflowing or rupturing and, thus, discharging oil upon the surface of the water. Atmospheric storage or surge tanks should be equipped with high-liquid-level
sensors or other acceptable alternatives to prevent spills, and pressure tanks should have high and low pressure sensors to activate alarms and/or control flow or other acceptable alternatives
to prevent spills. Tanks should be adequately protected internally and externally from corrosion, as required to prevent leakage or spillage. E. Pollution Prevention Equipment and Systems
Inspection and testing procedures for pollution prevention equipment and systems should be developed and a copy of such procedures maintained at the facility (see Attachment #4). Such
equipment as high and low level sensors, high and low pressure sensors, etc. should be inspected and tested at periodic intervals. F. Well Control Systems and Equipment Producing Wells.
Type ofsurface and subsurface shut-in valves and devices in use at the facility should be described as to method ofoperation and control (refer to Attachment #5). Drilling and Workover
Operations; During drilling or workover operations, a blowout preventer assembly and well control system should be installed that is capable of controlling any wellhead pressure anticipated.
Casing and blowout preventer installations should be in accordance with requirements of applicable rules and regulations. I The degree of well control system redundancy and "fail-safe"
valving design should vary with hazard exposure and probable consequences of failure. G. Written Instructions for Contractors Theregulations state thatin order that there will I be no
misunderstanding of the joint and separate 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 include servicing a well or systems appurtenantto a well or pressure vessel. Such instructions and procedures
should be maintained at the facility. Under certain circumstances, contractor activities may require intervention by an authorized representative ofthe owner or operator to prevent a
spill event. (Appropriate legal counsel should be consulted regarding implementation of this section.) H. Flowlines 1. All headers should be equipped with check valves on individual
flowlines. 2. If the shut-in wellhead pressure is greater than the working pressure of the flowline from the well and/or the header valves associated with that individual flowline, the
flowline should be equipped with a pressure sensing device and shut-in valve at the wellhead unless a pressure relief system is provided. I. Pipelines 1. All pipelines appurtenant to
the facility should be protected against corrosion. Methods of providing such protection should be described. 2. Submarine pipelines associated with the facility should be adequately
protected against environmental stresses and other activities such as fishing operations. 3. Submarine pipelines should be inspected for failures periodically. A documented record of
such inspections should be maintained at the facility.
NOTE TO USERS The following suggested model forms (Part I and Part II, Alternates A B, and C) have been perforated at the fold for ease in removal from this bulletin and use in preparing
SPCC Plans. These forms may be copied, if necessary, to provide additional forms when multiple SPCC Plans are to be prepared by an operator. I1
(Prior to 􀁾􀀮􀀭􀀮􀀧􀁹􀁬􀁥􀁴􀁩􀁮􀁧 Part I, ?'rlel" to ?'eglllntions and instn' 'rs 1mge 5.) SPILL PREVENTION CONTROL & COUNTERMEASURE PLAN PART I GENERAL INFORMATION 1. Name of facility
_ 2. Type of facility . _ 3. Location of facility _ 4. Name and address of owner or operator: Name Address . --'---.__._. _ 5. Designated persop accountable for oil spill prevention
at facility: Name and title _ 6. Facility experienced a reportable oil spill event during the twelve months prior to Jan. 10, 1974 (effective date of 40 CFR, Part 112). (If YES, complete
Attachment 􀁾 1.) MANAGEMENT APPROVAL This SPCC Plan wiII be implemented as herein described. Signature _ Name Title CERTIFICATION I hereby certify that I have examined the facilit:v,
and being familial' with the prOVISIOns of 40 CFR, Part 112, attest that this SPCC Plan has been prepared in accordance with good engineering practices. Printed Name of Registered Professional
Engineer (Seal) Signature of Registered Professional Engineer Date _ Registration No. State _ (Part I) Page 1 of 3
PART I GENERAL INFORMATION 7. Potential Spills -Prediction & Control: Source Discussion: Major Type of Failure Total Quantity (bbls) Rate (bblsjhr) Direction of Flow* Secondary Containment
':'Attach map jf appropriate. Name of facility _ Operator (Part I) Page 2 of 3
PART I _\ GENERAL INFORMATION ! [Response to statements should be: YES, NO, or NA (Not Applicable).] 8. Containment or diversionary structures or equipment to prevent oil from reaching
navigable waters are practicable. (If NO, complete Attachment #2.) 9. Inspections and Reeords A. The required inspections follow written procedures. B. The written procedures and a record
of inspections, signed by the appropriate supervisor or inspector, are attached. Discussion: _ 10. Personnel Training and Spill Prevention Procedures A. Personnel are properly instructed
in the following: (1) operation and maintenance of equipment to prevent oil discharges, and (2) applicable pollution control laws, rules, and regulations. Describe procedures employ.ed
for instruction: _ B. Scheduled prevention briefings for the operating personnel are conducted frequently enough to assure adequate understanding of the SPCC Plan. Describe briefing
program: -'-_ Name of facility _ Operator _ (Part I) Page 3 of 3
(Prior to completi )art II, Altenlate A, 1oefe1° to regulations and )uctions pages 6-i.) PART II, ALTERNATE A DESIGN AND OPERATING INFORMATION ONSHORE FACILITY (EXCLUDING PRODUCTION)
A. Facility Drainage 1. Drainage from diked storage areas is controlled as follows (include operating description of valves, pumps,· ej ectors, etc. (Note: Flapper-type valves should
not be used) : _ 2. Drainage from undiked areas is controlled as follows (include description of ponds, lagoons, or catchment basins and methods of retaining and returning oil to facility)
: _ 3. The procedure for supervising the drainage of rain water from secondary containment into a storm drain or an open watercourse is as follows (include description of (a) inspection
for pollutants, and (b) method of valving security). (A record of inspection and drainage events is to be maintained on a form similar to Attachment #3): ---'-_ Name of facility _ Operator
_ (Part II, Alternate A) Page 1 of 5
-, PART II, ALTERNATE A") t)SIGN AND OPERATING INFORMATION ONSHORE FACILITY (EXCLUDING PRODUCTION) [Response to statements should be: YES, NO, or NA (Not Applicable).] B. Bulk Storage
Tanks 1. Describe tank design, materials of construction, fail-safe engineering features, and if needed, corrosion protection: _ 2. Describe secondary containment design, construction
materials, and volume: _ 3. Describe tank inspection methods, procedures, and record keeping: _ 4. Internal heating coil leakage is controlled by one or more of the following control
factors: (a) :Monitoring the steam return or exhaust lines for oil. Describe monitoring procedure: _ (b) Passing the steam return or exhaust lines through a settling tank, skimmer, or
other separation system. (c) Installing external heating systems. 5. Disposal facilities for plant effluents discharged into navigable waters are observed frequently for indication of
possible upsets which may cause an oil spill event. Describe method and frequency of observations: _ Name of facility _ Operator . _ (Part II, Alternate A) Page 2 of 5
-). PART II, ALTERNATE A ..-") ASIGN AND OPERATING INFORMAaON ONSHORE FACILITY (EXCLUDING PRODUCTION) [Response to statements should be: YES, NO, or NA (Not Applicable).] C. Facility
Transfer Operations, Pumping, and In-plant Process 1. Corrosion protection for buried pipelines: (a) Pipelines are wrapped and coated to reduce corrosion. (b) .Cathodic protection is
provided for pipelines if determined necessary by electrolytic testing. (c) When a pipeline section is exposed, it is examined and corrective action taken as necessary. 2. Pipeline terminal
connections are capped or blank-flanged and marked if the pipeline is not in service or on standby service for extended periods. Describe criteria for determining when to cap or blank-flange:
0 _ 3. Pipe supports are designed to minimize abrasion and corrosion and allow for expansion and contraction. Describe pipe support design: _ 4. Describe procedures for regularly examining
all above-ground valves and pipelines (including flange joints, valve glands and bodies, catch pans, pipeline supports, locking of valves, and metal surfaces) : _ 5. Describe procedures
for warning vehicles entering the facility to avoid damaging aboveground piping: _ Name of facility _ Operator ----: _ (Part II, Alternate A) Page 3 of 5
I ., PART II, ALTERNATE A·') D.. ]GN AND OPERATING INFORMAT.lvN ONSHORE FACILITY (EXCLUDING PRODUCTION) [Response to statem.ents should be: YES, NO, or NA (Not Applicable).] D. Facility
Tank Car & Tank Truck Loading/Unloading Rack .Tank car and tank truck loading/unloading occurs at the facility. (If YES, complete 1 through 5 below.) 1. Loading/unloading procedures
meet the minimumrequirements and regulations of the Department ofTransportation (refer to 49 CFRParts 171, 173, 174, 177, and179). _ 2. The unloading area has a quick drainage system.
3. The containment system will hold the maximum capacity of any single compartment of a tank truck loaded/unloaded in the plant. Describe containment system design, construction materials,
and volume : _ 4. An interlocked warning light, a physical barrier system, or warning signs are provided in loading/unloading areas to prevent vehicular departure before disconnect of
transfer lines. Describe methods, procedures, and/or equipment used to prevent premature vehicular departure: _ 5. Drains and outlets on tank trucks and tank cars are checked for leakage
before loading/unloading or departure. Name of facility _ Operator _ (Patot II, Altt'rnat(· A) Page 4 of 5
PART II, ALTERNATE A DESIGN AND OPERATING INFORMATION ONSHORE FACILITY (EXCLUDING PRODUCTION) [Response to statements should bl!: YES, NO, or NA. (Not Applicable).] E. Security 1. Plants
handling, processing, or storing oil are fenced. 2. Entrance gates are locked and/or guarded when the plant is unattended or not in production. 3. Any valves which permit direct outward
flow of a tank's contents are locked closed when in non-operating or standby status. 4. Starter controls on all oil pumps in non-operating or standby status are: (a) locked in the off
position; (b) located at site accessible only to authorized personnel. 5. Discussion of items 1 through 4 as appropriate : _ 6. Discussion of the lighting around the facility: _ Name
of facility _ Operator _ (Part II, Alternate A) Page 5 of 5
(Prior to complt ) Part II, Alternate H, refer to regulations 􀁡􀁾􀀩􀁳􀁴􀁲􀁵􀁣􀁴􀁩􀁯􀁮􀁳 page 7.) PART II, ALTERNATE B DESIGN AND OPERATING INFORMATION ONSHORE OIL PRODUCfION FACILITY
[Response to statements should be: YES, NO, or NA (Not Applicable).] A. Facility Drainage 1. Drainage from diked storage areas is controlled as follows (include operating description
of valves, pumps, ejectors, etc.) : _ 2. The procedure for supervising the drainage of rain water from secondary containment into a storm drain or an open watercourse is as follows (include
descriptionof (a) inspection for pollutants, and (b) method of valving security). (A record of inspection and drainage events is to be maintained on a form similar to Attachment ;;:3) : _ 3. Field
drainage ditches, road ditches, and oil traps, sumps, or skimmers, if such exist, are inspected at regularly scheduled intervals for accumulations of oil. Describe inspection procedures,
intervals, and methods employed to remove oil :, _ B. Bulk Storage Tanks 1. Describe tank design, materials of construction, and fail-safe engineering features: _ Name of facility _
Operator _ (Part II, Altemate B) Page 1 of 2
,J PART II, ALTERNATEB) 􀁄􀁾􀁓􀁉􀁇􀁎 AND OPERATING INFORMATION ONSHORE OIL PRODUCfION FACILITY 􀁛􀁒􀁥􀁳􀁰􀁯􀁮􀀮􀁾􀁥 to statements should be: YES, NO, or NA (Not Applicable).] 2. Describe
secondary containment design, construction materials, and volume : _ 3. Describe tank examination methods and procedures: _ C. Facility Transfer Operations 1. Describe scheduled basis
for examinations of above-ground valves and pipelines and salt water disposal facilities : _ 2. Describe flowline maintenance program to prevent spills: _ D. Oil Drilling and Workover
Facilities 1. A blowout preventer (BOP) assembly and well control system is installed before drilling below any casing string and, as required during workover operations. 2. The BOP
assembly is capable of controlling any expected wellhead pressure. 3. Casing and BOP installations conform to state regulations. Name of facility _ Operator _ (Part II, Alternate B)
Page 2 of 2
,. \ .1 . .) (Prior to COmph ",Lg Part 11, Alternate C, refer to regulations ana instructions page 8.) PART II, ALTERNATE C DESIGN AND OPERATING INFORMATION OFFSHORE OIL DRILLING, PRODUCTION,
OR WORI\:OVER FACILITY [Respo718e to statements should be: YES, NO, 01' NA (Not Applicable).] A. Facility Drainage 1. Oil drainage and collection equipment is used to catch small oil
leakage around pumps, glands, valves, flanges, expansion joints, hoses, drain lines, separators, treaters, tanks, etc. 2. Drains direct all oil to a central sump or equivalent. 3. Where
drains and sumps are not practicable, oil collection equipment is emptied as often as necessary to prevent overflow. Discuss frequency of surveillance and removal of oil from collection
equipment: _ B. Sump System A sump system is used at this facility. (If YES, complete 1 and 2 below.) 1. Describe operation of sump and drain liquid removal system: _ 2.. Describe preventive
maintenance inspection, test program, and record keeping: _ Name of facility _ Operator _ (Pal"t II, Alternate C) Page 1 of 3
PART II, ALTERNATE C DESIGN AND OPERATING INFORMATION OFFSHORE OIL DRILLING, PRODUCTION, OR WORKOVER FACILITY [Response to statements should be: YES, NO, or NA (Not Applicable).] C.
Separator and Treater Dump Valves In areas where pollution risk is high as a result of dump valve failure is the predominant mode of failure in the closed position? If YES, describe
safety equipment and procedures used to prevent oil discharges to the water when dump valve failure occurs: _ D. Tanks Describe equipment used to prevent oil discharges (include discussion
of corrosion protection measures) : _ E. PoIlution Prevention Equipment and Systems Written inspection and testing procedures for pollution prevention equipment and systems are shown
on Attachment #4. F. Well Control Systems and Equipment 1. Producing Wells. Types of surface and subsurface shut-in valves and devices utilized at this facility are described as to the
method of operation and control on Attachment #5. ') Drilling and WOrkOl:el' Operations. A blowout preventer (BOP) assembly and well control system is installed before drilling below
any casing string and, as required during workover operations. Nameoffacility _ Operator _ (Part II, AItl!rnate C) Page 2 of 3
PART II, ALTERNATE C DESIGN AND OPERATING INFORMATION OFFSHORE OIL DRILLING, PRODUCTION, OR WORKOVER FACILITY [Response to statements should be: YES, NO, or NA (Not Applicable).] 2.
The BOP assembly is capable of controlling any expected wellhead pressure. 3. Casing and BOP installations conform to applicable rules and regulations. G. Written Instructions for Contractors
1. Written instructions discussing duties and· obligations to prevent pollution are prepared for contractors servicing a well or systems appurtenant to a well or pressure vessels. 2.
These instructions are maintained at the offshore facility. 3. An authorized representative of the owner or operator is present under certain circumstances and conditions to intervene
when necessary to prevent a spill event. H. Flowlines 1. All headers have check valves on individual flowlines. 2. Where the shut-in well pressure is greater than the working pressure
of the flowline, manifold valves, and flowline header valves, the flowline shall have a high pressure sensing device and shut-in valve at the wellhead to prevent overpressuring (unless
a pressure relief system is provided). 1. Pipelines 1. Describe corrosion protection measures for pipelines within the facility: _ . 2. Submarine pipelines connected to the facility
are adequately protected against environmental stresses and fishing operations. 3. Describe submarine pipeline inspection-for-failure procedures and record keeping : _ Name of facility
_ Operator _ (Part II, Alternate C) Page 3 of 3 I
., ...... ) SPCC PLAN, ATTACHMENT #2') OIL SPILL CONTINGENCY PLANS AND WRITTEN COMMITMENT OF MANPOWER, EQUIPMENT, AND MATERIALS Secondary containment or diversionary structures are impracticable
for this facility for the following reasons (attach additional pages if necessary) : Yes A strong oil spill contingency plan is attached. A written commitment of manpower, equipment,
and materials is attached. Name of facility _ Operator _ (Attachment #2, SPCC Plan)
') SPCC PLAN, ATI'ACHMENT #3 'j ONbuORE FACILITY BULK STORAGE TANKS DRAINAGE SYSTEM Inspection Procedure: Supervisor's or Oil Removal Inspector's Signature Date of Drainage Record of
drainage, bypassing, inspection, and oil removal from secondary containment: Date of Bypassing Date of Open Closed Inspection ·,. .i Name of facility _ Operator-------------------------------(Attachm
ent #3, SPCC Plan)
\ ) ;I SPCC PLAN, ATI'ACHMENT #4 OFFSHORE OIL DRILLING, PRODUCTION, OR WORKOVER FACILITY POLLUTION PREVENTION EQUIPMENT AND SYSTEMS Pollution Prevention Equipment: ./Description Inspection
or Test Date Condition Inspection Procedures Action Taken Test Procedures Supervisor's or Inspector's Signature Name of facility _ Operator _ (Attachment #.1, SPCC Plan)
'o) SPCC PLAN ATTACHMENT #5 ) OFFSHORE OIL ·DRILLING, PRODUCTION, OR WORKOVER FACILITY WELL CONTROL SYSTEMS AND EQUIPMENT List type (s) of surface and subsurface well shut-in valves
and devices used to maintain control of wells, showing (a) method of activation and control, and (b) description: Item Method of Activation and Control Description -Name of facility
---,. _ Operator ----'-_ (Attachment #5, SPCC Plan)
Order No. 811-10720 Additional copies available from AMERICAN PETROLEUM INSTITUTE Publications and Distribution Section 1220 L Street, NW [ Washington, DC 20005 1) (202) 682-8375
No. 237-pt.II-I APPENDIX ATUESDAY, DECEMBER II, 1973 WASHINGTON, D.c. Volume 38 • Number 237 PART II ENVIRONMENTAL PROTECTION AGENCY • OIL POLLUTION PREVENTION Non-Transportation Related
Onshore and Offshore Facilities
34164 Title 4o-Protection of the Environment CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY SUBCHAPTER D-WATER PROGRAMS PART 112---QIL POLLUTION PREVENTION Non-transportation Related Onshore
and Offshore Facilities Notice of proposed rule making was published on July 19, 1973, containing proposed regulations, required by an pursuant to section 31Hj) 0) (C) of the Federal
Water Pollution 􀁾􀁯􀁮􀁴􀁲􀁯􀁬 A t, as amended (86 stat. 868, 33 U.S.C. 1251 et seq.>, (FWPCA), to prevent discharges of oil into the navigable waters of the United states and to contain
such discharges if they occur. The proposed regulations endeavor to prevent such spills by establishing procedures, methods and equipment requirements of owners or operators of facilities
engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, or consuming oil. Written comments on the proposed regulations 􀁷􀁥􀁲􀁾 solicited
and 􀁾􀁾􀁥􀁩􀁶􀁥􀁤 from interested parties. In addItIon, a number of verbal comments on the proposal were also received. The written comments are on file at the Division of Oil and Hazardous
Materials, Office of Water Program Operations, U.S. Environmental Protection Agency, Washington, D.C. All of the comments have been given careful consideration and a number of changes
have been made in the reg"..lJation. These changes incorporate either suggestions made in the comments or ideas initiated by the suggestions. Some comments reflected a misunderstanding
of the fundamental principles of the regulation, specifically as they applied to older facilities and marginal operations. During the development of the regulation it was recognized
that no single design or operational standard can be prescribed for all non-transportation related facilities, since the equipment and operational procedures appropriate for one facility
may not be appropriate for another because of factors such as function, location, and age of each facility. Also, new facilities could ;:u:hieve a higher level of spill prevention than
older facilities by the use of fail-safe design concepts and innovative spill prevention methods and procedures. It was concluded that older facilities and marginal operations could
develop strong spill contingency plans and commit manpower, oil containment devices and removal equipment to compensate for inherent weaknesses in the spill prevention plan. 'Appropriate
changes were made in the regulation to simplify, clarify or correct deficiencies in the proposal. A discussion of these changes, section by section follows: A. Section 112.1--General
applicability. Section 112.Hb), the "foreseeability provision", contained in .112.Hd) (4) was added to paragraph 112.1 (b). As modified, the regulation applies to nontransportation-related
onshore and offshore facilities which, due to their loca-A ......I::NUIXA RULES AND REGULATIONS tion, could reasonably be expected to discharge oll into or upon the navigable waters
of the United States or adjoining shorelines. Sections 112.Hb), 112.Hd) (4) and 112.3 are now consistent. Section 112.l<d) 0) was expanded to further clarify the respective authorities
of the Department of Transportation and the Environmental Protection Agency. by referring to the Memorandum of Understanding between the Secretary of Transportation and the Administrator
of the Environmental Protection Agency (Appendix). Section 112.l<d) (2), the figure for barrels was converted to gallons, a unit of measure more familiar to the public, and now !"eads
"42000 gallons." Section 112.1 (d) (3), exemption for facilities with nonburied tankage was extended to 1320 gallons in aggregate with no single tank larger than 660 gallons and applies
to all oils, not just heating oil and motor fuel. Tanks of 660 gallons are the normal domestic code size for nonburied heating oil tanks. Buildings may have two such tanks. Facilities
containing small quantities of oil other than motor fuel or heating oil would also be exempt, thus making this consistent with the definition of oil in § 112.2. B. Section 112.2-Definitions.
Section 112.20), the term "navigable waters" was expanded to the more descriptive definition used by the National Pollutant Discharge Elimination System. Section 112.2 (m) , the U.S.
Coast Guard definition of the term "vessel" was included. This term is used in the regulation and the definition is consistent with the Department of Transportation regulations. C. Section
112.3-Requirements for the preparation and implementation of spill prevention control and countermeasure plans. A new paragraph (c) was added to § 112.3 which applies to mobile or portable
facilities subject to the regulation. These facilities need not prepare a new Spill Prevention Control and Countermeasure Plan (SPCCPlan) each time the facility is moved to a new site,
but may prepare a general plan, identifying good spill prevention engineering practices (as outlined in the guidelines, § 112.7), and implement these practices at each new location.
Section 112.3 (a) , (b) and (f) (which was § 112.3(e) in the proposed rule making) have been modified to to allow extensions of time beyond the normally specified periods to apply to
the preparation of plans as well as to their implementation and to remove the time limitation of one year for extensions. Extensions may be allowed for whatever period of time considered
reasonable by the Regional Administrator. Section 112.3(e) (which was § 112.3 (d) in the proposed rule making) was modified to require the maintenance of the SPCC Plan for inspection
at the facility only if the facility was normally manned. If the facility is unmanned, the Plan may be kept at the nearest field office. section 112.3uJ 0) (§ 112.3(e) 0) in the proposed
regulation) was changed to include the nonavailability of qualified personnel as a reason for the Regional Administrator granting an extension of time. D. Section 112.4-Amendment of
spill prevention control and countermeasure plans by Regional Administrator. Section 112.4(a) (11), permits the Regional Administrator to require that the owner or operator furnish additional
information to EPA after one or more spill event has occurred. The change limits the request for additional information to that pertinent to the SPCC Plan or to the pollution incident.
Section 112.4(b) now reads "Section 112.4 * * *", not "This subsection * * *" Section 112.4(e) allowed the Regional Administrator to require amendments to SPCC Plans and specifies that
the amendment must be incorporated in the PI:m within 30 days unless the Regional Administrator specifies an earlier effective date. The change allows the Regional Administrator to specify
any appropriate date that is reasonable. section 112.4(f). A new § 112.4(f) has been added which provides for an appeal by an owner or operator from a decision rendered by the Regional
Administrator on an amendment to an SPCCPlan. The appeal is made to the Administrator of EPA and the parafrraph outlines the procedures for making such an appeal. E. Section 112.5-Amendment
of spill prevention control and countermeasure plans by owners or operators. Section 112.5(b) required required the owner or operator to amend the SPCC Plan every three years. The amendment
required the incorporation of any new, field-proven technology and had to be certified by a Professional Engineer. The change requires that the owner or operator review the Plan every
three years to see if it needs amendment. New technology need be incorporated only if it will significantly reduce the likelihood of a spill. The change will prevent frivolous retrofitting
of equipment to facilities whose prevention plans are working successfully, and will not require engineering certification unless an amendment is necessary. Section 112.5(c), this paragraph
required that the owner or operator amend his SPCC Plan when his facility became subject to §112.4 (amendment by the Regional Administrator). This paragraph has been removed. It is inconsistent
to require the owner or operator to independently amend the Plan while the Regional Administrator is reviewing it for possible amendment. P. Section 112.6-Civil penalties. There are
no changes in this section. G. Section 112.7--Guidelines for the preparation and implementation of a spill prevention control and countermeasure plan. Numerous changes have been made
in the guideiines section; the changes have been primarily: 1. To correct the use of language inconsistent.with guidelines. For example, the word "shall" has been changed to "should"
in § 112.7(a) through (e), FEDERAL REGISTER, VOL. 38, NO. 237-TUESDAY, DECEMBER 11, 1973
) 2. To give the engineer preparing the Plan greater latitude to use alternative methods better"suited to a given facility or local conditions. 3. To cover facilities subject to the
regulation, but for which no guidelines were previously given. ThJs category includes such things as mobile fac1l1ties, and drtIl1ng and workover rigs. In a.ddition, wording was changed
to d11ferentiate between periodic obserVa.tions by operating personnel and formal inspeetions" with attendant record keeping. . These regulations shall become effective January 10, 1974.
Dated: November 27. 1973. JOHN QUARLES, Acting Administrator. A new Part 112 would be added to subchapter D. Chapter I of Title 40, Code of Federal Regulations as follows: sec. 112.1
Genem1 appUcabillty. 112.2" Definitions. . 112.3 ReqUirements for preparation and 1mplementa.tion of Spill Prevention Control s.nd" Countermes.sure ple.ns. 112.4 Amendment of SpUl Prevention
Control s.nd Countermeasure Plans by Reg10na.l Administra.tor. 112.5 Admendment of SpUl Prevention Control and Countermeasure Plans by owners or operators. 112.6 Civil penalties. 112.7
Guidelines for the prepa.rat1on and implementatlon of a Spill Prevention Control and Countermeasure Plan. AppendiX Memora.ndum of Understanding Between the Secreta.ry of the Depwrtment
of Transpona.tion s.nd the Administra.tor of the Environmenta.l Protection Agency. Section II-Definitions. Al7THORn"Y: Sees. 311(j) (1) (C). 311(j) (2), 501 (a). Federa.l Water Pollution
Control 􀁁􀁾 (sec. 2; Pub. L. 92-500, 86 Stat. 816 et seq. (33 U.s.C. 1251 et seq.) ); Sec. 4(b), Pub. L. 92-500, 86 Stat. 897: 5 U.S.C. Reorg. Pla.n of 1970 No.3 (1970). 35 FR 15623,
3 CFR 19681970 Comp.; E.O. 11735. 38 FR 21243. 3 CPR.. § 112.1 Cener-aI applicability. (a) This part establishes procedures, methods and equipment and other requirements for equipment
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. (b) Except
as provided in paragraph (d) of this section, 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 oll and oll products, and which, due to their location, could reasonably be expected to discharge oll in hanDful
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 sec. 313 (86 Stat. 875) departments,
agencies, and instrumentalities of the Federal government APPENDIX A RULES AND REGULATIONS are subject to these regulations to the same extent as any person, except for the provis1ons
of § 112.6. (d) ThJs part does not apply to: 0) Equipment or operations of vessels or transportation-related onshore and offshore facilities which are subject to authority and control
of the Department of Transportation, as defined in the Memorandum of Understanding between the Secretary of Transportation and the Administrator of the Environmental Protection Agency,
dated November 24, 1971, 36 FR 24000. (2) Facilities which have an aggregate storage of 1320 gallons or less of oil, provided no single container has a capacity in excess of 660 gallons.
(3) Facilities which have a total storage capacity of 42000 gallons or less of oil and such .total storage capacity is buried underground. . (4) Non-transportation-related onshore and
offshore facilities, which, due to their location, could not reasonably be expected to discharge oil into or upon the navigable waters of the United States or adjoining shorelines. (e)
This part provides for the preparation and implementation of Spill Prevention Control and Countermeasure Plans prepared in accordance with § 112.7, designed to complement existing laws,
regulations, rules, standards, policies and procedures pertaining to safety standards, fire prevention and pollution prevention rules, so as to form a comprehensive balanced Federal/State
spill prevention program to minimize the potential for oll discharges. 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. § 112.2 Definitions. For the purposes of this part: (a) "Oil" means oil of any kind or in any form, including, but not limited
to petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil. (b) "Discharge" includes but is not limited to, any spilling, leaking, pumping, pouring,
emitting, emptying. or dumping. 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.B.C. 407) , or Sections 402 or 405 of the FWPCA Amendments of 1972 (86 Stat. 816 et seq., 33 U.S.C. 1251 et seq.). (c) "Onshore
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. (d) "Offshore
facility" means any facility of any kind located in, on, or under any of the navigable waters of the United States, which is not a 􀁴􀁲􀁡􀁮􀁳􀁾 portation-related facility. (e) "Owner
or operator" means any person owning or operating an onshore facility or an offshore facility, and in the 34165 case of any abandoned offshore facility, the person who owned or operated
such facility immediately prior to such abandonment. (!) "Person" includes an individual, firm, corporation. association, .and a partnership. " (g) "Regional Administrator", means the
Regional Administrator of the Environmental 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 defined in the Memorandum of Understanding between the Secretary of Transportation and the Administrator of the Environmental Protection
Agency, dated November 24, 1971, 36 FR 24080. (i) "Spill event" means a discharge of oil into or upon the navigable waters of the United states or adjoining shorelines in harmful quantities,
as defined at 40 cm Part 110. (j) "United States" means the States. the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands,
and the Trust Territory of the Pacific Islands. (k) The term "navigable waters" of the United States means "navigable waters" as defined in section 502(7) of the FWPCA, and includes:
0) ail navigable waters of the United States, as defined in judicial decisions prior to passage of the 1972 Amendments to the FWPCA (Pub. L. 92-500), and tributaries of such waters;
(2) interstate waters; (3) intrastate lakes, rivers, and streams which are utilized by 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. (l) "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. § 112.3 Requirements for preparation .and implementation of Spill Preven. tion Control and Countermeasure
Plans. (a). Owners or operators of onshore and offshore facilities in operation on or before the effective date of this part that have discharged or could reasonably be expected to discharge
oil in harmful quantities, as defined in 40 CFR Part 110, into or upon the navigable waters of the unlted states or adjoining shorelines, shall prepare a Spill Prevention Control and
Countermeasure Plan (hereinafter "SPCC Plan") , in accorda.nce with § 112.7. Except as provided for in paragraph (n of this section, suchSPCC Plan shall be prepared within six months
after the effective date of this part and shall be fully implemented as SOOl1 as pOSSible, but not later than one year after the effective date of this part. fEDERAl REGISTER, VOl. 38,
NO. 237-TUESDAY. DECEMtlER 11, 1973
34166 (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 discharge 011 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 an SPCC Plan in accordance
with § 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 facility begins operations. (c) 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 and implement an SPCC Plan as required by paragraphs (a), (b) and (d)
of this section. The owner or operator of such facility need not prepare and implement a new SPCC Plan each time the facility is moved to a new site. The SPCC Plan for mobile facilities
should be prepared in accordance with § 112.7, using good engineering practice, and when the mobile facility is moved it should be located and installed using spill prevention practices
outlined in the SPCC Plan for the facility. The SPCC 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 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 􀁢􀁾􀁥􀁮 prepared in accordance with good engineering
practices. Such certification shall in no way relieve the owner or operator of an onshore or offshore facility of his duty to prepare and fully implement such Plan in accordance with
§ 112.7, as required by paragraphs (a); (b) and (c) of this section. (e) Owners or operators of a facility for which an sPec Plan is required pursuant to paragraphs (a), (b) or (c)·
of this section shall maintain a complete copy of the Plan at such facility if the facility is normally attended at least 8 hours per day, or at the nearest field office if the facility
is not so attended, and shall make sUch Plan available to the Regional Administrator for on-site review during normal working hours. (f) Extensions of time. (1) The Regional Administrator
may authorize an extension of time for the preparation and full implementation of an SPCC Plan beyond the time permitted for the preparation and implementation of an sPec Plan pursuant
to paragraphs (a). (b) or (c) of this section where he finds that the owner or operator of a facility subject to paragraphs (a). (b) or (c) of this section cannot fully com-RULES AND
REGULATIONS ply with the requirements of this part as a result of either nonavai,labllity of qualified personnel, or. delays in construction or equipment deiivery 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 complete copy of the SPCC Plan, if completed; (ii) A full explanation of the cause
for any such delay and the specific aspects of the spec Plan affected by the delay; (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 his letter
of request. (3) The submission 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
his obligation to comply with the requirements of § 112.3 (a), (b) or (c). Where an extension of time is authorized by the Regional Administrator for particular equipment or other specific
aspects of the SPCC Plan, such extension shall in no way affect theowner's or operator's obligation to comply with the requirements of § 112.3 (a), (b) or (c) with respect to other equipment or other specific aspects of the SPCC Plan for which an extension
of time has not been expressly authorized. § 112.4 Amendment of SPCC Plans by Regional Administrator. (a) Notwithstanding compliance with § 112.3, whenever a facility subject to § 112.3
(a), (b) or (c) has: Discharged more than 1,000 U.S. gallons of oil intO or upon the navigable waters of the United States or adjoining 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, occurring within any twelve month period, the owner or operator of such facility shall submit to the Regional Ad ·ministrator, 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) Date and year
of initial facility operation; (5) Maximum storage or handling capacity of the facility and normal daily throughput; (6) Description of the facility, including maps, fiow diagrams, and
topographicalmaps; (7) A complete copy of the SPCC Plan with any amendments; (8) The cause(s) of such spill, including a failure analysis of system or subsystem in which the failure
occurred; (9) 'The corrective actions and/or countermeasures taken, including an adequate description of equipment repairs 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 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 an SPCC Plan pursuant to § 112.3 (a), (b), (c) and (f). (c) A complete
copy of all information provided to the Regional Administrator 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 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 owner or operator of such facility to amend the SPCC Plan if he finds that the Plan does not meet the
requirements of this part or that the amendment of the Plan is necessary to prevent and to contain discharges of oil from such facility. (e) When the Regional Administrator proposes
to require an amendment to the SPCC Plan, he shall notify the facility operator by certified mail addressed to, or by personal delivery to, the facility owner or operator, that he proposes
to require an amendment to the Plan, and shall specify the terms of such amendment. If the facility owner or 􀁯􀁰􀁥􀁲􀁬􀁾􀀢 tor is a corporation, a copy of such notice shall also be
mailed to the registered agent, if any, of such corporation in the State where such facility is located. Within 30 days from receipt of such notice, the facility facility owner or operator
may submit written information, views, and arguments on the amendment. After considering all relevant material presented, the Regional Administrator shall notify the facility owner or
operator of any amendment required or shall rescind the notice. The amendment required by the Regional Administrator shall become part of the Plan 30 days FEDERAL REGISTER, YOLo 38,
NO. 237-TUESDAY, DECEMBER 11, 1973
after such notice, unless the Regional Administrator, for good cause, shall specify another effective date. The owner or operator of the facility shall implement the amendment of the
Plan as soon as possible, but not later than 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 an SPeC Plan. ·The appeal shall be made to the Administrator of the United States Environmental Protection
Agency 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 may also contain additional
information which the owner or operator wishes to present in support of his argument. The Administrator or his designee may request additional information from the owner or operator,
or from any other person. The Administrator or his designee may request additional information from the owner or operator, or from any other person. The Administrator or his designee
shall render a decision within 60 days of receiving the appeal and shall notify the owner or operator of his decision. § 112.5 Amendment of Spill Preyention 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 for such facility in accordance with § 112.7 whenever
there is a change in facility design, construction, operation or maintenance which materially affects the facility's potential for the discharge of oil into or upon the navigable waters
of the United States or adjoining shorelines. Such amendments shall be fully implemented as soon as possible, but not later than six months after such change occurs. (b) Notwithstanding
compliance with paragraph (a) of this section, owners and operators of facilities subject to § 112.3 (a), (b) or (c) shall complete a review and evaluation of the SPCC Plan 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 th" review to include more effective prevention and control technology if: (1) Such technology will significantly reduce the likelihood of a spill event from the facility,
and (2) if such technology has been fleld-proven at the time of the review. ' (c) No amendment to an SPCC Plan shall be effective to satisfy the requirements of this section unless it
has been certified by a Professional Engineer in accordance with § 112.3(d). APPENDIX A RULES AND REGULATIONS § 112.6 Ciyil penalties. Owners or operators of facilities subject to §
112.3 (a), (b) or (c) who violate the requirements of this part by failing or refusing to comply with any of the provisions provisions of § 112.3. § 112.4, or § 112.5 shall be liable
for a civil penalty of not more than $5,000 for each day that such violation continues. The Regional Administrator may assess and compromise such civil penalty. No penalty shall be assessed
until the owner or operator shall have been given notice and an opportunity for hearing. § 112.7 Guidelines for the preparation and implementation of a Spill Preyention Control and Countermeasure
Plan. The SPCC Plan shall be a carefull:t· thought-out plan, prepared in accordance with good engineering practices, and which has the full approval of management at a level with authority
to commit the necessary resources. If the plan calls for additional facilities or procedures, methods, or equipment not yet fully operational, these items should be discussed in separate
paragraphs, and the details of installation and operational start-up should be explained separately. The complete spec Plan shall follow the sequence outlined below, and include a discussion
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 description 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, rupture, or leakage), the plan should include a 􀁰􀁲􀁾􀂭 diction 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 d;versionary structures or equipment to prevent discharged oil from reaching
a navigable water course should be provided. One of the following preventive systems or its equivalent should be used as a minimum: (1) Onshore facilities. (i) Dikes, berms or retaining
wa,Us sufficiently impervious to contain spilled oil(ii) Curbing (iii) Culverting, gutters or other drainage systems (iv) Weirs, booms or other barriers (v) Spill diversion ponds (vi)
Retention ponds (vii) Sorbent materials (2) Offshore facilities. (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 discharged oil from reaching the navigable waters 34167 is not practicable from any onshore or offshore facility, the owner or operator should
clearly demonstrllte such impracticability and provide the following: (1) A strong oil spill contingency plan following the provision of 40 CFR Part 109. (2) A written commitment of
manpower, equipment and materials required to expeditiously control and remove any harmful quantity of oil discharged. (e) In addition to the minimal prevention standards listed under
§ 112.7 (c) , sections of the Plan should include a complete discussion of conformance with the following applicable guidelines, other effective spill prevention and containment procedures
(or, if more stringent, with State rules, regulations and guidelines) : (1) Facility drainage (onshore) .. (excluding 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 eflluent treatment system, except where plan
systems are designed to handle such leakage. Diked areas may be emptied by pumps or ejectors; however, these should be manually activated and the condition of the accumulation should
be examined before starting to be' sure no oil will be discharged into the water. (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-closed design. When plant drainage drains directly into water courses and not into wastewater treatment plants, retained
storm water should be inspected as provided in paragraph (e) (2) (iii) <E, C and D) before drainage. (iii) Plant drainage Systems from undiked 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 engineered as above, the flnal 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 treated 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 permanently installed when such treatment is continuous. In any event, whatever techniques are used facility drainage systems should be adequately
engineered to prevent oil from reaching navigable waters in the event of equipment failure or human error at the facility. (2) Bulk storage tanks. (onshore); (exclUding production facilities).
(i) No FEDERAL REGISTER, REGISTER, VOL. 38, NO. 􀀲􀀳􀀷􀁾􀁔􀁕􀁅􀁓􀁄􀁁􀁙􀀬 DECEMBER II, 1973
34168 tank should be used for the storage of oil unless its material and construction are compa1lible with the material stored and conditions of storage such as pressure and temperature,
etc. (ii) All bulk storage tank installations should be constructed so that a secondary means of containment is provided for the entire contents of. the largest single tank plus sufficient
freeboard to allow for precipitation. Diked areas should be sufficiently impervious to contain spilled oD. Dikes. containment curbs, and pits are commonly employed for this purpose.
but they may not always be appropriate. An alternative 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. (iii) Drainage of rainwater from the diked area into a storm drain or an ellluent 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 is normally sealed closed. (B) Inspection of the run-off rain water ensures compliance
with applicable water quality standards and will not cause a harmful discharge as defined in 40 CPR 110. (C) The bypass valve is opened, and resealed following drainage under responsible
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 coatings, cathodic protection or other effective methods compa.tible 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 avoided, unless the buried section of the s1rell is adeQuately coated, since partial burial in damp earth
can cause rapid corrosion of metallic surfaces. especially at the earth/air interface, (vi) AbovegroUnd tanks should be subject to periodic integrity testing, taking into account tank
design (floating roof, etc.> and using such techniques as hydrostatic testing. visual inspection or a system of non-destructive shell thickness testing. Comparison records should be
kept where appropriate, and tank supports and foundations should be included in these inspections. In addition. the outside of the tank should frequently be observed 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 defective internal heating coils, the following
factors should be considered and aDDlied. as appropriate. CA) The steam return or exhaust lines trom internal heating coils which discharge into an open water course should be monitored
for contamination. or passed through a settling tank, skimmer. or other separation or retention system. APPENDIX A RULES AND REGULATIONS (B) The feasibility of Insta1l'lng an external
heating system should also be considered. (viii) New and old tank installations should. as far as practical. be faD-safe engineered or updated into a fail-safe engineered installation
to avoid spills. Consideration should be given to providing one or more of the following devices: (A) 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. (B) Considering size and complexity of the facility, high liquid level pump cutoff devices set
to stop flow at a predetermined tank content level. (C) Direct audible or code signal communication between the tank gauger and the pumping station. (D) 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. (E) Liquid level sensing devices should be regularly tested
to insure proper operation. (ix) Plant ellluents which are discharged into navigable waters should have disposal facillties observed frequently 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. (xl) Mobile or portable oil storage tanks (onshore) should be positioned or located so as to prevent spilled oil from reaching navigable
waters. A secondary means of containment, such as dikes or catchment basins, should be furnished for the largest single compartment 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 (onshore) .. (exclUding production facilities). (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 examined for deterioration. If corrosion damage is found, additional examination and corrective action should be taken as indicated by the magnitude of the damage.
An alternative would be the more frequent use of exposed pipe corridors or galleries. (ii) When a pipeline is not in service, or in standby service for an extended time the terminal
eonnection at the transfer point should be capped or blank-flanged, and marked as to origin. (iii) Pipe supports should be properly designed to minimize abrasion and corrosion and allow
for expansion and con': traction. (iv) All aboveground valves and pipelines should be subjected to regular examinations by operating personnel at which time the general condition of
items, such as flange joints. expansion joints. valve glands and bodies, catch pans. pipeline supports. locking of valves. and metal surfaces should be assessed. In addition, periodic
pressure testing may be warranted for piping in areas where facility drainage is such that a failure might lead to a spill event. (v) Vehicular traffic granted entry into the facility
should be warned verbally 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/unloading procedures should meet the minimum requirements and regulation established by the Department of Transportation. (ii) 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 unloading areas.
The containment system should be designed to hold at least maximum capacity of any single compartment of a tank car or tank truck loaded or unloaded in the plant. (iii) An interlocked
warning light or physical barrier system, or warning signs, should be provided In loading/unloading areas to prevent vehicular departure before complete .disconnect of flexible or fixed
transfer lines. (iv) Prior to filling and departure -of any tank car or tank truck, the lowermost drain and all outlets of such vehicles should be closely examined for leakage. and if
necessary, tightened, adjusted, or replaced to prevent liquid leakage while in transit. (5) Oil production facilities (onshore) (if Definition. An onshore production facility may include
all wells, flowlines, separation equipment, storage facilities, gathering lines, and auxiliary non-transportation-related equipment and facUities in a single geographical oil or gas
field operated by a single operator. (1i) Oil production facility (onshore) drainage. (A) 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 required under § 112.7(c) (1) should have drains closed and sealed at all times except when rainwater
is being drained. Prior to drainage, the diked area should be inspected as provided in paragraph (e) (2) (iii) (B), C), and (D). Accumulated oil on the rainwater should' be picked up
·and returned to storage or disposed of in accordance with approved methods. (B) Field drainage ditches. road ditches, and oil traps, sumps or skimmers, if such exist, should be inspected
at regularly scheduled intervals for accumulation of oil that may have escaped from small leaks. Any such accumulations should be removed. (iii) Oil production facility (onshore) bulk
storage tanks. (A) No tank: should be used for the storage of oil unless its material and construction are compatible with the material stored and the conditions of storage. FEDERAL
REGISTSl. VOL. 38. NO. 237-TUESDAY, DECEMBER 11. 1973
(B) All tank battery and central treating plant installations should be provided with a secondary means of containment for the entire contents of the largest single tank if feasible,
or alternate systems such as those outlined in § 112.7(c) (1). Drainage from undiked areas should be safely confined in a catchment basin or holding pond. (C) All tanks containing oil
should be visually examined by a competent person for condition and need for maintenance on a scheciuled periodic basis. Such examination should include the foundation and support..s
of tanks that are above the surface of the ground. (D) New and old tank battery installations should, as far as practical, be failsafe engineered or updated into a failsafe engineered
installation to prevent spills. Consideration should be given to one or more of the following: (l) Adequate tank capacity to assure that a tank will not overfill should a pumper/gauger
be delayed in making his regular rounds. (2) Overflow equalizing lines between tanks so that a full tank can overflow to an adjacent tank. (3) Adequate vacuum protection to prevent tank
collapse during a pipeline run. (4) High level sensors to generate and transmit an alarm signal to the computer where facilities are a part of a computer production control system. (iv)
Facility transfer operations, oil production facility (onshore). (A) All above ground valves and pipelines should be examined periodically on a scheduled basis for general condition
of items such as tlange joints, valve glands and bodies, drip pans, pipeline supports, pumping well polish rod stuffing boxes, bleeder and gauge valves. (B) Salt water (oil field brine)
disposal facilities should be examined often, particularly following a sudden change in atmospheric temperature to detect possible system upsets that could cause an oil discharge. (C)
Production facilities should have a program of tlowline maintenance to prevent spills from this source. The program should include periodic examinations, corrosion protection, tlowline
replacement, and adequate reGords, as appropriate, for the individual facility. (6) Oil drilling and workover facilities (onshore) (i) Mobile drilling or workover equipment should be
positioned or located so as to prevent spilled oil from reaching navigable waters. . (ii) Depending on the location, catchment basins or diversion structures may be necessary to intercept
and contain spills of fuel, crude 011, or oily drilling tluids. (iii) Before drilling below any casing string or during workover operations, a. blowout prevention (BOP) assembly and
well control system should be installed that is capable of controlling any well head pressure that is expected to be encountered while that BOP assembly is on the well. Casing and BOP
installations should be in accordance with State regulatory agency requirements. APPENDIX A RULES AND REGULATIONS (7) Oil drilling, production, or workover facilities· (oDshore). (i)
Definition: "An oil drilling, production or workover facility (offshore)" may include all drtlling or workover equipment, wells, tlowlines, gathering lines, platforms, and auxiliary
nontransportation -related equipment and facilities in a single geographical 011 or gas field operated by a single operator. (ii) Oil drainage collection equipment should be used to
prevent and control small oil spillage around pumps, glands, valves, tlaI1ges, expansion joints, hoses, drain lines, separators, treaters, tanks, and allied equipment. Drains on the
facility should be controlled and directed toward a central collection sump or equivalent collection 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 necessary to prevent overtlow. (iii) For facilities employing a
sump system, sump and drains should be adequately sized and a spare pump or equivalent method should be available to remove liquid from the sump and assure that oil does not escape.
A regular scheduled preventive maintenance inspection and testing program should be employed to assure reliable operation of the liquid removal system and pump start-up device. Redundant
automatic sump pumps and control'devices may be required on some installations. (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 prevent the escape of oil. This could be accomplished by extending the tlare line to
a diked area if the separator is near shore, equipping it with a high liquid level sensor that will automatically shut-in wells producing to the separator, parallel redundant dump valves,
or other feasible alternatives to prevent oil discharges. (v) Atmospheric storage or surge tanks should be equipped with high liquid level sensing devices or other acceptable alternatives
to prevent oil discharges. (vi) Pressure tanks should be equipped with high and low pressure sensing devices to activate an alarm and/or control the tlow or other acceptable alternatives
to prevent oil discharges. (vii) Tanks should be equipped with suitable corrosion protection. (viii) A written procedure for inspecting and testing pollution prevention equipment and
systems should be prepared and maintained at the facility. Such procedures should be included as part of the SPCC Plan. (ix) Testing and inspection of the pollution prevention equipment
and Systems at the facility should be conducted by the owner or operator on a scheduled periodic basis commensurate with the complexity, conditions and circumstances of the facility
or other appropriate regulations. 34169 (x) Surface and subsurface well shutin valves and devices in use at the facility should be sUfticiently described to determine method of activation
or control, e.g., pressure differential, change in tluid or tlow conditions, combination of pressure and tlow, manual or remote control mechanisms. Detailed records for each well, while
not necessarily part of the plan should be kept by the owner or operator. (xi) Before drilling below any casing string, and during workover operations a blowout preventer (BOP) assembly
and well control system should be installed that· is capable of controlling any wellhead pressure that is expected to be encountered while that BOP assembly is on the well. Casing and
BOP installations should be in accordance with State regulatory agency requirements. (xii) Extraordinary well control measures should be provided should emergency conditions, including
fire, loss of control and other abnormal conditions, occur. The degree of control system redundancy should vary with hazard exposure and probable consequences of failure. It is recommended
that surface shut-in systems have redundant or "fail close" valving. Subsurface safety valves may not be needed in producing wells that will not tlow but should be installed as required
by applicable State regulations. (xiii) In order that there will be no misunderstanding of joint and separate 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 include servicing a well or systems appurtenant
to a well or pressure vessel. Such instructions and procedures should 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 operator who would intervene when necessary to prevent a spill event. (xiv) All manifolds (headers) should be equipped with check valves on individual
tlowlines. (xv) If the shut-in well pressure is greater than the working pressure of the tlowline and manifold valves up to and inclUding the header valves associated with that individual
flowline, the tlowline should be equipped with a high pressure sensing device and shutin valve at the wellhead Wlless provided with a pressure relief system to prevent prevent over pressuring.
(xvi) All pipelines appurtenant to the facility should be protected from corrosion. Methods used, such as protective coatings or cathodic protection, should be discussed. (xvii) Sub-marine
pipelines appurtenant to the facility should be adequately protected against environmental stresses and other activities such as fishing operations. (xviii) Sub-marine pipelines appurtenant
to the facility should be in good FEDERAL REGISTER, VOL. 38, NO. 237-TUESDAY, DECEMBER 11, 1973
34170 operating condition at all times and inspected on a scheduled periodic basis for failures. Such inspections should be documented and maintained at the facUlty. (8) Inspections
and records. Inspections required by this part should be in accordance with written procedures developed for the facility by the owner or operator. These written procedures and a record
of the inspections, signed by the appropriate supervisor or inspector, should be made part of the SPCC Plan and maintained for a period of three years. (9) Security (excluding oil production
facilities). (i) 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
unattended. (li) The master flow and drain valves and any other valves that will permit direct outward flow of the tank's content to the surface should be securely locked in the closed
position when in non-operating or non-standby status. <11i) The starter control on all oil pumps should be locked' in the "off" position or located at a site accessible only to authorized
personnel when the pumps are in a non-operating or nonstandby status. <Iv) The loading/unloading connections of oil pipelines should be securely capped or blank-flanged when not in service
or standby service for an extended time. This security practice should also apply to pipelines that are emptied of liquid content either by draining or by inert gas pressure. (v) Facility
lighting should be commensurate with the type and location of the facility. Consideration should be given to: (A) 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 (B) prevention of spills occurring through . acts of vandalism. (10) Personnel, training
and spiU prevention procedures. (i) Owners or operators are responsible for properly 􀁩􀁮􀁾 structing their personnel in the operation and maintenance of equipment to prevent the discharges
of oil and applicable pollution control laws, rules and regulations. (11) Each applicable facility should have a designated person who Is accountable for oil spill prevention and who
reports to line management. (IIi) Owners or operators should schedule and conduct spill prevention briefings for their operating personnel at intervals frequent enough to assure adequa.te
understanding of the SPCC Plan for that facility. Such briefings APPENDIX A RULES AND REGULATIONS should highlight and describe known spill events or failures, malfunctioning components.
and recently developed precautionary measures. ,ApPENDIX Memorandum of Understanding between the secretary of Transportation and the Administrator of the Environmental Protection Agency.
S=nON II-DEFINrrIONS The Environmental Protection Agency and the Department of Transportation agree that for the purposes of Executive Order 11548, the term: (1) "Non-transportatlon-related
onshore and offshore facilities" means: (A) Fixed onshore and offshore oU wen drIl11ng facilities including all equipment and appurtenances related thereto used In drilling operatiOns
for exploratory or development wells, but exoludlng any tennlnal facilIty, unit or process Integrally associated with the handling or transferring of oU III bulk to or from a vessel.
(B) Mobile onshore and offshore oU well drilling plattonns, barges, trucks. or other mobile facilities including all equipment and appurtenances related thereto when such mobile facUlties
are fixed in pos.Itlon 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 011 in bulk to or from a vessel. (C) Fixed onshore and offshore 011 prodUCtion structures, platforms, derricks. and rigs Including l!Jl equipment and appurtenances
related thereto, as well as completed wellS and the wellhead separators, oU separators. and storage facilities used In the production of oil, but exch.ldlng any terminal facility, unit
or process integrally associated with the handling or transferring of oU In bulk to or from a vessel. (D) Mobile onshore and offshore 011 production facilities Including all equipment
and a.ppurtenances related thereto as well as completed wells and wellhead equipment, piping from wellheads to 011 separators, oU separators, and storage facilities used in the production
of oU when such mobile facUlties are fixed In position for the purpose of oU production operations, but excluding any terminal facility, unit or process Integrally associated with the
handling or transferring of 011 In bulk to or from a vessel. (E) 011 refining facUlties including all equipment and appurtenances related thereto as well as In-plant processing units.
storage units, piping, drainage systems and waste treatment units used In the refining of oil, but excluding any terminal faclUty, unit or process integrally associated with the handling
or transferring of oU in bulk to or from a vessel. (F)· OIl storage fac1Uties including all equipment and appurtenances related thereto as well as fixed bulk plant storage. terminal
oU storage facUlties, consumer storage. pumps and drainage systems used In the storage of 011. but excluding Inline or breakout storage tanks needed for the continuous operation of a
pipeline system and any terminal facUlty. unit or process integrally assQclated with the handling or transferring of oU in bulk to or from a vessel. (G) Industrial. commercial, agriCUltural
or public fai:1Utles which use and store 011. but exclUding any terminal facUlty, unit or process integrally associated with the handling or transferring of oU in bulk to or from a vessel.
(H) Waste treatment facilities including in-plant pipelines. emuent discharge lines, and storage tanks, but excluding waste treatment facUlties located on vessels and terminal storage
tanks and appurtenances for the reception of oUy ballast water or tank washIngs trom vessels and associated systems used for off-loading vessels. (I) Loading racks. transfer transfer
hoses. loading arms and other equipment which are appurtenant to a nontransportation-related fa.clllty or terminal facility and which are used to transfer oU In bulk to or from highway
vehicles or raUroad cars. (J) Highway vehicles and rallroad ears which are used for the transport of oU exclusively within the confines of a nontrensportatlon-related facl11ty and which
are not intended to transport oU In' Interstate or intrastate commerce. (K) Pipeline systems which are used for the transport of oU exclusively within the confines of a nontransportation-related
facility or terminal facility and which are not intended to transport oU in interstate or Intrastate commerce. but exclUding pipeline systems used to transfer oU in· bUlk to or from
a vessel. (2) "transportation-related onshore and offshore facilities" means: (A) Onshore and offshore tenn1nal facilities inclUding transfer hoses, loading arms and other equipment
and appurtenances used for the purpose of handling or transferring oU in bulk to or or from a vessel as well as storage tanks and appurtenances for the reception of oUy ballast water
or tank washings from vessels, but excluding terminal waste treatment facUlties and terminal 011 storage facUlties. (B) Transfer hoses, loading arms and other equipment appurtenant to
a nontransportation-related facility which Is used to transfer oU 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 oU production
facUlties, but excluding onshore and offshore piping from wellheads to oU separators and pipelines which are used for the transport of oU exclusively within the confines of a nontransportatlonrelated
facUlty or terminal facility and which are not intended to transport oU in interstate or intrastate commerce or to transfer oU in bUlk to or from a vessel. (D) HIghway vehicles and railroad
cars which are used for the transport of oU in intersta.te or intrastate commerce 'and the equipment and appurtenances related thereto, and equipment used for the fueling of locomotive
units, as well as the rightsof-way on Which they operate. Excluded are highway vehicles and r&llroad cars and motive power used exclusively within the confines of a nontransportatlon-related
facUlty or terminal facUlty and which are not Intended for use in Interstate or intrastate commerce. [FR Doc.73-25448 Filed 12-10-73;8:45 am] FEDERAL REGISTER. YOLo 38. NO. 237-TUESDAY,
DECEMBER 11, 1973
PART llQ-;.DISCHARGE OF OIL Sec. 110.1 Definitions. 110.2 Appllca.blllty. 110.3 Dlscha.rge Into navigable waters harmful. 110.4 Discharge Into contiguous zone harmful. 110.5 Discharge
prohibited. 110.6 Exception for vessel engines. 110.7 Dispersants. 110.8 Demonstration projects. 110.9 Notice. A'tlTHOIUTY: The provisIons of this Part 110 Issued under sec. 11 (b) (3),
as amendeIi, 84 Stat. 92; 33 U.S.C. 1161. § nO.1 Definitions. As used in this part, the following terms shall have the meaning indicated below: (a) "Oil" means aU of any kind or in any
form, including, but not limited to, petroleum, fuel oil, sludge. oil refuse, oil mixed with ballast or bilge, ane oil mixed with wastes other than dredged spoil; (b) "Discharge"· inclUdes,
but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping; (c) "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 p11blic vessel; ((d) "Public vessel" means a vessel owned or bare-boat chartered and operated by the United
States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce; (e) "United States" means the States, the District of
C·olumbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa. the Virgin Islands, and the Trust Territory of the Pacific Islands; (f) "Person" includes an individual,
firm, corporation, association, and a partnership; (g) "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; (h) "Onshore facility" means any facility (including, but not limited to motor vehicles and rolling stock) of any kind located ln, on,
or under, any land within the United States other than submerged land; (1) "Offshore facility" means any facilityof any kind 􀁬􀁯􀁣􀁡􀁴􀁥􀁤􀁾􀀬 on, or under, any of the navigable waters
of the United States other than a vessel or public vessel; (J) "Applicable water quality standards" means water quality standards adopted pursuant to section 10(c) of the Federal Act
and State-adopted water quality standards for waters which are not interstate within the meaning of that Act. (k) "Federal Act" means the Federal Water Pollution Control Act, as amended,
33 U.S.C. 1151, et seq. (l) "Sheen" means an iridescent appearance on the surface' of water. (m) "Sludge" means an aggregate of oil or oil and other matter of any kind APPENDIX B RULES
AND REGULAnONS in any form other than dredged spoll having a combined specific gravity equivalent to or greater than water. § 110.2 Applicability. The regulations of this part apply
to the discharge of oil into or upon the navigable waters of the United States, adjoining shorelines or into or upon the waters of the contiguous zone, prohibited by section 1l<b) of
the Federal Act. § 1l0.3 Discharge into navigable waters harmful. For purposes of section 1l<b) of the Federal Act, discharges of such quantities of oil into or upon the navigable waters
of the United States or adjoining shorelines determined to be harmful to the public health or welfare of the United States, at all times and locations and under all circumstances and
conditions, except as provided in section 110.6 of this part, include discharges which: (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 caus:! a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. § 110.4 Discllarge into
COllliguous zone harmful. For purposes of section 1l<b) of the Federal Act, discharges of such quantities of oil into or upon the waters of the contiguous zone determined to be harmful
to the pUblic health or welfare of the United States, at all times and locations and under all circumstances and conditions, except as provided in section 110.6 of this part, include
discharges which: (a) Violate applicable 'water qualit,. standards in navigable waters of the United States, or (b) Cause a film or sheen upon or discoloration of the surface of the
water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. § 110.5 Discharg!.' prohibited. As provided
in section 11 (b) (2) of the Federal Act, no person shall discharge or cause or permit to be discharged into or upon the navigable waters of the United States, adjoining shorelines,
or into or upon the waters of the contiguous zone any oil, in harmful quantities as determined in §§ 110.3 and 110.4 of this part, except as the same may be permitted in the contiguous
zone under Article IV ()f the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended. § 110.6 EXCel)tion for vess!.'1 engines. For purposes of section
1l<b) of the Federal Act, discharges of oil from a properly functioning vessel engine are not deemed to be harmful; but such oil accumulated in a vessel's bilges shall not be so exempt.
§ 1l0.7 Dispersants. Addition of dispersants or emulsIfiers to oil to be discharged which would cir-22487 cumvent the provisions of this part is prohibited. § 110.8 Demonstration projects.
Notwithstanding any other provisions of this part, the Administrator of the Environmental Protection Agency may permit the discharge of oil into or upon the navigable waters of the United
States, adjoining shorelines, or into or upon the waters of· the contiguous zone, in connection with research, demonstration projects, or studies relating to the prevention, control,
or abatement of oil pollution. § 1l0.9 Notice. Any person in charge of any vessel or onshore or offshore facility shall, as soon as he has knowledge of any discharge of oil from such
vessel or facility in violation of § 110.5 of this part, immediately notify the U.S. Coast Guard of such discharge in accordance with such procedures as the Secretary of Transportation
may prescribe. Appendix B CODE OF FEDERAL REGULATIONS TITLE 40 -PROTECTION OF THE ENVIRONMENT PART 110 -DISCHARGE OF OIL FEDERAL REGISTER, VOL. 36, NO. 228-THURSDAY, NOVEMBER 25. 1971