Oil Pollution Prevention and Response; Non-Transportation-Related Onshore and Offshore Facilities
[Federal Register: July 17, 2002 (Volume 67, Number 137)]
[Rules and Regulations]
[Page 47141-47152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy02-31]
[[pp. 47141-47152]]
Oil Pollution Prevention and Response; Non-Transportation-Related
Onshore and Offshore Facilities
[[Continued from page 47140]]
[[Page 47141]]
the facility is otherwise subject to this part.
(5) Any container with a storage capacity of less than 55 gallons
of oil.
(6) Any facility or part thereof used exclusively for wastewater
treatment and not used to satisfy any requirement of this part. The
production, recovery, or recycling of oil is not wastewater treatment
for purposes of this paragraph.
(e) This part establishes requirements for the preparation and
implementation of Spill Prevention, Control, and Countermeasure (SPCC)
Plans. SPCC Plans are designed to complement existing laws,
regulations, rules, standards, policies, and procedures pertaining to
safety standards, fire prevention, and pollution prevention rules. The
purpose of an SPCC Plan is to form a comprehensive Federal/State spill
prevention program that minimizes the potential for discharges. The
SPCC Plan must address all relevant spill prevention, control, and
countermeasures necessary at the specific facility. Compliance with
this part does not in any way relieve the owner or operator of an
onshore or an offshore facility from compliance with other Federal,
State, or local laws.
(f) Notwithstanding paragraph (d) of this section, the Regional
Administrator may require that the owner or operator of any facility
subject to the jurisdiction of EPA under section 311(j) of the CWA
prepare and implement an SPCC Plan, or any applicable part, to carry
out the purposes of the CWA.
(1) Following a preliminary determination, the Regional
Administrator must provide a written notice to the owner or operator
stating the reasons why he must prepare an SPCC Plan, or applicable
part. The Regional Administrator must send such notice to the owner or
operator by certified mail or by personal delivery. If the owner or
operator is a corporation, the Regional Administrator must also mail a
copy of such notice to the registered agent, if any and if known, of
the corporation in the State where the facility is located.
(2) Within 30 days of receipt of such written notice, the owner or
operator may provide information and data and may consult with the
Agency about the need to prepare an SPCC Plan, or applicable part.
(3) Within 30 days following the time under paragraph (b)(2) of
this section within which the owner or operator may provide information
and data and consult with the Agency about the need to prepare an SPCC
Plan, or applicable part, the Regional Administrator must make a final
determination regarding whether the owner or operator is required to
prepare and implement an SPCC Plan, or applicable part. The Regional
Administrator must send the final determination to the owner or
operator by certified mail or by personal delivery. If the owner or
operator is a corporation, the Regional Administrator must also mail a
copy of the final determination to the registered agent, if any and if
known, of the corporation in the State where the facility is located.
(4) If the Regional Administrator makes a final determination that
an SPCC Plan, or applicable part, is necessary, the owner or operator
must prepare the Plan, or applicable part, within six months of that
final determination and implement the Plan, or applicable part, as soon
as possible, but not later than one year after the Regional
Administrator has made a final determination.
(5) The owner or operator may appeal a final determination made by
the Regional Administrator requiring preparation and implementation of
an SPCC Plan, or applicable part, under this paragraph. The owner or
operator must make the appeal to the Administrator of EPA within 30
days of receipt of the final determination under paragraph (b)(3) of
this section from the Regional Administrator requiring preparation and/
or implementation of an SPCC Plan, or applicable part. The owner or
operator must send a complete copy of the appeal to the Regional
Administrator at the time he makes the appeal to the Administrator. The
appeal must contain a clear and concise statement of the issues and
points of fact in the case. In the appeal, the owner or operator may
also provide additional information. The additional information may be
from any person. The Administrator may request additional information
from the owner or operator. The Administrator must render a decision
within 60 days of receiving the appeal or additional information
submitted by the owner or operator and must serve the owner or operator
with the decision made in the appeal in the manner described in
paragraph (f)(1) of this section.
Sec. 112.2 Definitions.
For the purposes of this part:
Adverse weather means weather conditions that make it difficult for
response equipment and personnel to clean up or remove spilled oil, and
that must be considered when identifying response systems and equipment
in a response plan for the applicable operating environment. Factors to
consider include significant wave height as specified in Appendix E to
this part (as appropriate), ice conditions, temperatures, weather-
related visibility, and currents within the area in which the systems
or equipment is intended to function.
Alteration means any work on a container involving cutting,
burning, welding, or heating operations that changes the physical
dimensions or configuration of the container.
Animal fat means a non-petroleum oil, fat, or grease of animal,
fish, or marine mammal origin.
Breakout tank means a container used to relieve surges in an oil
pipeline system or to receive and store oil transported by a pipeline
for reinjection and continued transportation by pipeline.
Bulk storage container means any container used to store oil. These
containers are used for purposes including, but not limited to, the
storage of oil prior to use, while being used, or prior to further
distribution in commerce. Oil-filled electrical, operating, or
manufacturing equipment is not a bulk storage container.
Bunkered tank means a container constructed or placed in the ground
by cutting the earth and re-covering the container in a manner that
breaks the surrounding natural grade, or that lies above grade, and is
covered with earth, sand, gravel, asphalt, or other material. A
bunkered tank is considered an aboveground storage container for
purposes of this part.
Completely buried tank means any container completely below grade
and covered with earth, sand, gravel, asphalt, or other material.
Containers in vaults, bunkered tanks, or partially buried tanks are
considered aboveground storage containers for purposes of this part.
Complex means a facility possessing a combination of
transportation-related and non-transportation-related components that
is subject to the jurisdiction of more than one Federal agency under
section 311(j) of the CWA.
Contiguous zone means the zone established by the United States
under Article 24 of the Convention of the Territorial Sea and
Contiguous Zone, that is contiguous to the territorial sea and that
extends nine miles seaward from the outer limit of the territorial
area.
Contract or other approved means means:
(1) A written contractual agreement with an oil spill removal
organization that identifies and ensures the availability of the
necessary personnel and equipment within appropriate response times;
and/or
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(2) A written certification by the owner or operator that the
necessary personnel and equipment resources, owned or operated by the
facility owner or operator, are available to respond to a discharge
within appropriate response times; and/or
(3) Active membership in a local or regional oil spill removal
organization that has identified and ensures adequate access through
such membership to necessary personnel and equipment to respond to a
discharge within appropriate response times in the specified geographic
area; and/or
(4) Any other specific arrangement approved by the Regional
Administrator upon request of the owner or operator.
Discharge includes, but is not limited to, any spilling, leaking,
pumping, pouring, emitting, emptying, or dumping of oil, but excludes
discharges in compliance with a permit under section 402 of the CWA;
discharges resulting from circumstances identified, reviewed, and made
a part of the public record with respect to a permit issued or modified
under section 402 of the CWA, and subject to a condition in such
permit; or continuous or anticipated intermittent discharges from a
point source, identified in a permit or permit application under
section 402 of the CWA, that are caused by events occurring within the
scope of relevant operating or treatment systems. For purposes of this
part, the term discharge shall not include any discharge of oil that is
authorized by a permit issued under section 13 of the River and Harbor
Act of 1899 (33 U.S.C. 407).
Facility means any mobile or fixed, onshore or offshore building,
structure, installation, equipment, pipe, or pipeline (other than a
vessel or a public vessel) used in oil well drilling operations, oil
production, oil refining, oil storage, oil gathering, oil processing,
oil transfer, oil distribution, and waste treatment, or in which oil is
used, as described in Appendix A to this part. The boundaries of a
facility depend on several site-specific factors, including, but not
limited to, the ownership or operation of buildings, structures, and
equipment on the same site and the types of activity at the site.
Fish and wildlife and sensitive environments means areas that may
be identified by their legal designation or by evaluations of Area
Committees (for planning) or members of the Federal On-Scene
Coordinator's spill response structure (during responses). These areas
may include wetlands, National and State parks, critical habitats for
endangered or threatened species, wilderness and natural resource
areas, marine sanctuaries and estuarine reserves, conservation areas,
preserves, wildlife areas, wildlife refuges, wild and scenic rivers,
recreational areas, national forests, Federal and State lands that are
research national areas, heritage program areas, land trust areas, and
historical and archaeological sites and parks. These areas may also
include unique habitats such as aquaculture sites and agricultural
surface water intakes, bird nesting areas, critical biological resource
areas, designated migratory routes, and designated seasonal habitats.
Injury means a measurable adverse change, either long- or short-
term, in the chemical or physical quality or the viability of a natural
resource resulting either directly or indirectly from exposure to a
discharge, or exposure to a product of reactions resulting from a
discharge.
Maximum extent practicable means within the limitations used to
determine oil spill planning resources and response times for on-water
recovery, shoreline protection, and cleanup for worst case discharges
from onshore non-transportation-related facilities in adverse weather.
It includes the planned capability to respond to a worst case discharge
in adverse weather, as contained in a response plan that meets the
requirements in Sec. 112.20 or in a specific plan approved by the
Regional Administrator.
Navigable waters means the waters of the United States, including
the territorial seas.
(1) The term includes:
(i) All waters that are currently used, were used in the past, or
may be susceptible to use in interstate or foreign commerce, including
all waters subject to the ebb and flow of the tide;
(ii) All interstate waters, including interstate wetlands;
(iii) All other waters such as intrastate lakes, rivers, streams
(including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds,
the use, degradation, or destruction of which could affect interstate
or foreign commerce including any such waters:
(A) That are or could be used by interstate or foreign travelers
for recreational or other purposes; or
(B) From which fish or shellfish are or could be taken and sold in
interstate or foreign commerce; or,
(C) That are or could be used for industrial purposes by industries
in interstate commerce;
(iv) All impoundments of waters otherwise defined as waters of the
United States under this section;
(v) Tributaries of waters identified in paragraphs (1)(i) through
(iv) of this definition;
(vi) The territorial sea; and
(vii) Wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in paragraph (1) of this definition.
(2) Waste treatment systems, including treatment ponds or lagoons
designed to meet the requirements of the CWA (other than cooling ponds
which also meet the criteria of this definition) are not waters of the
United States. Navigable waters do not include prior converted
cropland. Notwithstanding the determination of an area's status as
prior converted cropland by any other Federal agency, for the purposes
of the CWA, the final authority regarding CWA jurisdiction remains with
EPA.
Non-petroleum oil means oil of any kind that is not petroleum-
based, including but not limited to: Fats, oils, and greases of animal,
fish, or marine mammal origin; and vegetable oils, including oils from
seeds, nuts, fruits, and kernels.
Offshore facility means any facility of any kind (other than a
vessel or public vessel) located in, on, or under any of the navigable
waters of the United States, and any facility of any kind that is
subject to the jurisdiction of the United States and is located in, on,
or under any other waters.
Oil means oil of any kind or in any form, including, but not
limited to: fats, oils, or greases of animal, fish, or marine mammal
origin; vegetable oils, including oils from seeds, nuts, fruits, or
kernels; and, other oils and greases, including petroleum, fuel oil,
sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with
wastes other than dredged spoil.
Oil Spill Removal Organization means an entity that provides oil
spill response resources, and includes any for-profit or not-for-profit
contractor, cooperative, or in-house response resources that have been
established in a geographic area to provide required response
resources.
Onshore facility means any facility of any kind located in, on, or
under any land within the United States, other than submerged lands.
Owner or operator means any person owning or operating an onshore
facility or an offshore facility, and in the case of any abandoned
offshore facility, the person who owned or operated or maintained the
facility immediately prior to such abandonment.
Partially buried tank means a storage container that is partially
inserted or constructed in the ground, but not entirely below grade,
and not
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completely covered with earth, sand, gravel, asphalt, or other
material. A partially buried tank is considered an aboveground storage
container for purposes of this part.
Permanently closed means any container or facility for which:
(1) All liquid and sludge has been removed from each container and
connecting line; and
(2) All connecting lines and piping have been disconnected from the
container and blanked off, all valves (except for ventilation valves)
have been closed and locked, and conspicuous signs have been posted on
each container stating that it is a permanently closed container and
noting the date of closure.
Person includes an individual, firm, corporation, association, or
partnership.
Petroleum oil means petroleum in any form, including but not
limited to crude oil, fuel oil, mineral oil, sludge, oil refuse, and
refined products.
Production facility means all structures (including but not limited
to wells, platforms, or storage facilities), piping (including but not
limited to flowlines or gathering lines), or equipment (including but
not limited to workover equipment, separation equipment, or auxiliary
non-transportation-related equipment) used in the production,
extraction, recovery, lifting, stabilization, separation or treating of
oil, or associated storage or measurement, and located in a single
geographical oil or gas field operated by a single operator.
Regional Administrator means the Regional Administrator of the
Environmental Protection Agency, in and for the Region in which the
facility is located.
Repair means any work necessary to maintain or restore a container
to a condition suitable for safe operation, other than that necessary
for ordinary, day-to-day maintenance to maintain the functional
integrity of the container and that does not weaken the container.
Spill Prevention, Control, and Countermeasure Plan; SPCC Plan, or
Plan means the document required by Sec. 112.3 that details the
equipment, workforce, procedures, and steps to prevent, control, and
provide adequate countermeasures to a discharge.
Storage capacity of a container means the shell capacity of the
container.
Transportation-related and non-transportation-related, as applied
to an onshore or offshore facility, are defined in the Memorandum of
Understanding between the Secretary of Transportation and the
Administrator of the Environmental Protection Agency, dated November
24, 1971, (Appendix A of this part).
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, the U.S. Virgin Islands, and the Pacific
Island Governments.
Vegetable oil means a non-petroleum oil or fat of vegetable origin,
including but not limited to oils and fats derived from plant seeds,
nuts, fruits, and kernels.
Vessel means every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of
transportation on water, other than a public vessel.
Wetlands means those areas that are inundated or saturated by
surface or groundwater at a frequency or duration sufficient to
support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include playa lakes, swamps, marshes, bogs, and
similar areas such as sloughs, prairie potholes, wet meadows, prairie
river overflows, mudflats, and natural ponds.
Worst case discharge for an onshore non-transportation-related
facility means the largest foreseeable discharge in adverse weather
conditions as determined using the worksheets in Appendix D to this
part.
Sec. 112.3 Requirement to prepare and implement a Spill Prevention,
Control, and Countermeasure Plan.
The owner or operator of an onshore or offshore facility subject to
this section must prepare a Spill Prevention, Control, and
Countermeasure Plan (hereafter ``SPCC Plan'' or ``Plan),'' in writing,
and in accordance with Sec. 112.7, and any other applicable section of
this part.
(a) If your onshore or offshore facility was in operation on or
before August 16, 2002, you must maintain your Plan, but must amend it,
if necessary to ensure compliance with this part, on or before February
17, 2003, and must implement the amended Plan as soon as possible, but
not later than August 18, 2003. If your onshore or offshore facility
becomes operational after August 16, 2002, through August 18, 2003, and
could reasonably be expected to have a discharge as described in
Sec. 112.1(b), you must prepare a Plan on or before August 18, 2003,
and fully implement it as soon as possible, but not later than August
18, 2003.
(b) If you are the owner or operator of an onshore or offshore
facility that becomes operational after August 18, 2003, and could
reasonably be expected to have a discharge as described in
Sec. 112.1(b), you must prepare and implement a Plan before you begin
operations.
(c) If you are the owner or operator of an onshore or offshore
mobile facility, such as an onshore drilling or workover rig, barge
mounted offshore drilling or workover rig, or portable fueling
facility, you must prepare, implement, and maintain a facility Plan as
required by this section. This provision does not require that you
prepare a new Plan each time you move the facility to a new site. The
Plan may be a general plan. When you move the mobile or portable
facility, you must locate and install it using the discharge prevention
practices outlined in the Plan for the facility. You may not operate a
mobile or portable facility subject to this part unless you have
implemented the Plan. The Plan is applicable only while the facility is
in a fixed (non-transportation) operating mode.
(d) A licensed Professional Engineer must review and certify a Plan
for it to be effective to satisfy the requirements of this part.
(1) By means of this certification the Professional Engineer
attests:
(i) That he is familiar with the requirements of this part ;
(ii) That he or his agent has visited and examined the facility;
(iii) That the Plan has been prepared in accordance with good
engineering practice, including consideration of applicable industry
standards, and with the requirements of this part;
(iv) That procedures for required inspections and testing have been
established; and
(v) That the Plan is adequate for the facility.
(2) Such certification shall in no way relieve the owner or
operator of a facility of his duty to prepare and fully implement such
Plan in accordance with the requirements of this part.
(e) If you are the owner or operator of a facility for which a Plan
is required under this section, you must:
(1) Maintain a complete copy of the Plan at the facility if the
facility is normally attended at least four hours per day, or at the
nearest field office if the facility is not so attended, and
(2) Have the Plan available to the Regional Administrator for on-
site review during normal working hours.
(f) Extension of time. (1) The Regional Administrator may authorize
an extension of time for the preparation and full implementation of a
Plan, or any amendment thereto, beyond the time permitted for the
preparation, implementation, or amendment of a
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Plan under this part, when he finds that the owner or operator of a
facility subject to this section, cannot fully comply with the
requirements as a result of either nonavailability of qualified
personnel, or delays in construction or equipment delivery beyond the
control and without the fault of such owner or operator or his agents
or employees.
(2) If you are an owner or operator seeking an extension of time
under paragraph (f)(1) of this section, you may submit a written
extension request to the Regional Administrator. Your request must
include:
(i) A full explanation of the cause for any such delay and the
specific aspects of the Plan affected by the delay;
(ii) A full discussion of actions being taken or contemplated to
minimize or mitigate such delay; and
(iii) A proposed time schedule for the implementation of any
corrective actions being taken or contemplated, including interim dates
for completion of tests or studies, installation and operation of any
necessary equipment, or other preventive measures. In addition you may
present additional oral or written statements in support of your
extension request.
(3) The submission of a written extension request under paragraph
(f)(2) of this section does not relieve you of your obligation to
comply with the requirements of this part. The Regional Administrator
may request a copy of your Plan to evaluate the extension request. When
the Regional Administrator authorizes an extension of time for
particular equipment or other specific aspects of the Plan, such
extension does not affect your obligation to comply with the
requirements related to other equipment or other specific aspects of
the Plan for which the Regional Administrator has not expressly
authorized an extension.
Sec. 112.4 Amendment of Spill Prevention, Control, and Countermeasure
Plan by Regional Administrator.
If you are the owner or operator of a facility subject to this
part, you must:
(a) Notwithstanding compliance with Sec. 112.3, whenever your
facility has discharged more than 1,000 U.S. gallons of oil in a single
discharge as described in Sec. 112.1(b), or discharged more than 42
U.S. gallons of oil in each of two discharges as described in
Sec. 112.1(b), occurring within any twelve month period, submit the
following information to the Regional Administrator within 60 days from
the time the facility becomes subject to this section:
(1) Name of the facility;
(2) Your name;
(3) Location of the facility;
(4) Maximum storage or handling capacity of the facility and normal
daily throughput;
(5) Corrective action and countermeasures you have taken, including
a description of equipment repairs and replacements;
(6) An adequate description of the facility, including maps, flow
diagrams, and topographical maps, as necessary;
(7) The cause of such discharge as described in Sec. 112.1(b),
including a failure analysis of the system or subsystem in which the
failure occurred;
(8) Additional preventive measures you have taken or contemplated
to minimize the possibility of recurrence; and
(9) Such other information as the Regional Administrator may
reasonably require pertinent to the Plan or discharge.
(b) Take no action under this section until it applies to your
facility. This section does not apply until the expiration of the time
permitted for the initial preparation and implementation of the Plan
under Sec. 112.3, but not including any amendments to the Plan.
(c) Send to the appropriate agency or agencies in charge of oil
pollution control activities in the State in which the facility is
located a complete copy of all information you provided to the Regional
Administrator under paragraph (a) of this section. Upon receipt of the
information such State agency or agencies may conduct a review and make
recommendations to the Regional Administrator as to further procedures,
methods, equipment, and other requirements necessary to prevent and to
contain discharges from your facility.
(d) Amend your Plan, if after review by the Regional Administrator
of the information you submit under paragraph (a) of this section, or
submission of information to EPA by the State agency under paragraph
(c) of this section, or after on-site review of your Plan, the Regional
Administrator requires that you do so. The Regional Administrator may
require you to amend your Plan if he finds that it does not meet the
requirements of this part or that amendment is necessary to prevent and
contain discharges from your facility.
(e) Act in accordance with this paragraph when the Regional
Administrator proposes by certified mail or by personal delivery that
you amend your SPCC Plan. If the owner or operator is a corporation, he
must also notify by mail the registered agent of such corporation, if
any and if known, in the State in which the facility is located. The
Regional Administrator must specify the terms of such proposed
amendment. Within 30 days from receipt of such notice, you may submit
written information, views, and arguments on the proposed amendment.
After considering all relevant material presented, the Regional
Administrator must either notify you of any amendment required or
rescind the notice. You must amend your Plan as required within 30 days
after such notice, unless the Regional Administrator, for good cause,
specifies another effective date. You must implement the amended Plan
as soon as possible, but not later than six months after you amend your
Plan, unless the Regional Administrator specifies another date.
(f) If you appeal a decision made by the Regional Administrator
requiring an amendment to an SPCC Plan, send the appeal to the EPA
Administrator in writing within 30 days of receipt of the notice from
the Regional Administrator requiring the amendment under paragraph (e)
of this section. You must send a complete copy of the appeal to the
Regional Administrator at the time you make the appeal. The appeal must
contain a clear and concise statement of the issues and points of fact
in the case. It may also contain additional information from you, or
from any other person. The EPA Administrator may request additional
information from you, or from any other person. The EPA Administrator
must render a decision within 60 days of receiving the appeal and must
notify you of his decision.
Sec. 112.5 Amendment of Spill Prevention, Control, and Countermeasure
Plan by owners or operators.
If you are the owner or operator of a facility subject to this
part, you must:
(a) Amend the SPCC Plan for your facility in accordance with the
general requirements in Sec. 112.7, and with any specific section of
this part applicable to your facility, when there is a change in the
facility design, construction, operation, or maintenance that
materially affects its potential for a discharge as described in
Sec. 112.1(b). Examples of changes that may require amendment of the
Plan include, but are not limited to: commissioning or decommissioning
containers; replacement, reconstruction, or movement of containers;
reconstruction, replacement, or installation of piping systems;
construction or demolition that might alter secondary containment
structures; changes of product or service; or revision of standard
operation or maintenance procedures at
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a facility. An amendment made under this section must be prepared
within six months, and implemented as soon as possible, but not later
than six months following preparation of the amendment.
(b) Notwithstanding compliance with paragraph (a) of this section,
complete a review and evaluation of the SPCC Plan at least once every
five years from the date your facility becomes subject to this part;
or, if your facility was in operation on or before August 16, 2002,
five years from the date your last review was required under this part.
As a result of this review and evaluation, you must amend your SPCC
Plan within six months of the review to include more effective
prevention and control technology if the technology has been field-
proven at the time of the review and will significantly reduce the
likelihood of a discharge as described in Sec. 112.1(b) from the
facility. You must implement any amendment as soon as possible, but not
later than six months following preparation of any amendment. You must
document your completion of the review and evaluation, and must sign a
statement as to whether you will amend the Plan, either at the
beginning or end of the Plan or in a log or an appendix to the Plan.
The following words will suffice, ``I have completed review and
evaluation of the SPCC Plan for (name of facility) on (date), and will
(will not) amend the Plan as a result.''
(c) Have a Professional Engineer certify any technical amendment to
your Plan in accordance with Sec. 112.3(d).
Sec. 112.6 [Reserved]
Sec. 112.7 General requirements for Spill Prevention, Control, and
Countermeasure Plans.
If you are the owner or operator of a facility subject to this part
you must prepare a Plan in accordance with good engineering practices.
The Plan must have the full approval of management at a level of
authority to commit the necessary resources to fully implement the
Plan. You must prepare the Plan in writing. If you do not follow the
sequence specified in this section for the Plan, you must prepare an
equivalent Plan acceptable to the Regional Administrator that meets all
of the applicable requirements listed in this part, and you must
supplement it with a section cross-referencing the location of
requirements listed in this part and the equivalent requirements in the
other prevention plan. If the Plan calls for additional facilities or
procedures, methods, or equipment not yet fully operational, you must
discuss these items in separate paragraphs, and must explain separately
the details of installation and operational start-up. As detailed
elsewhere in this section, you must also:
(a)(1) Include a discussion of your facility's conformance with the
requirements listed in this part.
(2) Comply with all applicable requirements listed in this part.
Your Plan may deviate from the requirements in paragraphs (g), (h)(2)
and (3), and (i) of this section and the requirements in subparts B and
C of this part, except the secondary containment requirements in
paragraphs (c) and (h)(1) of this section, and
Secs. 112.8(c)(2),112.8(c)(11), 112.9(c)(2), 112.10(c), 112.12(c)(2),
112.12(c)(11),112.13(c)(2), and 112.14(c), where applicable to a
specific facility, if you provide equivalent environmental protection
by some other means of spill prevention, control, or countermeasure.
Where your Plan does not conform to the applicable requirements in
paragraphs (g), (h)(2) and (3), and (i) of this section, or the
requirements of subparts B and C of this part, except the secondary
containment requirements in paragraphs (c) and (h)(1) of this section,
and Secs. 112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.10(c),
112.12(c)(2), 112.12(c)(11), 112.13(c)(2), and 112.14(c), you must
state the reasons for nonconformance in your Plan and describe in
detail alternate methods and how you will achieve equivalent
environmental protection. If the Regional Administrator determines that
the measures described in your Plan do not provide equivalent
environmental protection, he may require that you amend your Plan,
following the procedures in Sec. 112.4(d) and (e).
(3) Describe in your Plan the physical layout of the facility and
include a facility diagram, which must mark the location and contents
of each container. The facility diagram must include completely buried
tanks that are otherwise exempted from the requirements of this part
under Sec. 112.1(d)(4). The facility diagram must also include all
transfer stations and connecting pipes. You must also address in your
Plan:
(i) The type of oil in each container and its storage capacity;
(ii) Discharge prevention measures including procedures for routine
handling of products (loading, unloading, and facility transfers,
etc.);
(iii) Discharge or drainage controls such as secondary containment
around containers and other structures, equipment, and procedures for
the control of a discharge;
(iv) Countermeasures for discharge discovery, response, and cleanup
(both the facility's capability and those that might be required of a
contractor);
(v) Methods of disposal of recovered materials in accordance with
applicable legal requirements; and
(vi) Contact list and phone numbers for the facility response
coordinator, National Response Center, cleanup contractors with whom
you have an agreement for response, and all appropriate Federal, State,
and local agencies who must be contacted in case of a discharge as
described in Sec. 112.1(b).
(4) Unless you have submitted a response plan under Sec. 112.20,
provide information and procedures in your Plan to enable a person
reporting a discharge as described in Sec. 112.1(b) to relate
information on the exact address or location and phone number of the
facility; the date and time of the discharge, the type of material
discharged; estimates of the total quantity discharged; estimates of
the quantity discharged as described in Sec. 112.1(b); the source of
the discharge; a description of all affected media; the cause of the
discharge; any damages or injuries caused by the discharge; actions
being used to stop, remove, and mitigate the effects of the discharge;
whether an evacuation may be needed; and, the names of individuals and/
or organizations who have also been contacted.
(5) Unless you have submitted a response plan under Sec. 112.20,
organize portions of the Plan describing procedures you will use when a
discharge occurs in a way that will make them readily usable in an
emergency, and include appropriate supporting material as appendices.
(b) Where experience indicates a reasonable potential for equipment
failure (such as loading or unloading equipment, tank overflow,
rupture, or leakage, or any other equipment known to be a source of a
discharge), include in your Plan a prediction of the direction, rate of
flow, and total quantity of oil which could be discharged from the
facility as a result of each type of major equipment failure.
(c) Provide appropriate containment and/or diversionary structures
or equipment to prevent a discharge as described in Sec. 112.1(b). The
entire containment system, including walls and floor, must be capable
of containing oil and must be constructed so that any discharge from a
primary containment system, such as a tank or pipe, will not escape the
containment system before cleanup occurs. At a minimum, you must use
one of the following prevention systems or its equivalent:
[[Page 47146]]
(1) For onshore facilities:
(i) Dikes, berms, or retaining walls sufficiently impervious to
contain oil;
(ii) Curbing;
(iii) Culverting, gutters, or other drainage systems;
(iv) Weirs, booms, or other barriers;
(v) Spill diversion ponds;
(vi) Retention ponds; or
(vii) Sorbent materials.
(2) For offshore facilities:
(i) Curbing or drip pans; or
(ii) Sumps and collection systems.
(d) If you determine that the installation of any of the structures
or pieces of equipment listed in paragraphs (c) and (h)(1) of this
section, and Secs. 112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.10(c),
112.12(c)(2), 112.12(c)(11), 112.13(c)(2), and 112.14(c) to prevent a
discharge as described in Sec. 112.1(b) from any onshore or offshore
facility is not practicable, you must clearly explain in your Plan why
such measures are not practicable; for bulk storage containers, conduct
both periodic integrity testing of the containers and periodic
integrity and leak testing of the valves and piping; and, unless you
have submitted a response plan under Sec. 112.20, provide in your Plan
the following:
(1) An oil spill contingency plan following the provisions of part
109 of this chapter.
(2) A written commitment of manpower, equipment, and materials
required to expeditiously control and remove any quantity of oil
discharged that may be harmful.
(e) Inspections, tests, and records. Conduct inspections and tests
required by this part in accordance with written procedures that you or
the certifying engineer develop for the facility. You must keep these
written procedures and a record of the inspections and tests, signed by
the appropriate supervisor or inspector, with the SPCC Plan for a
period of three years. Records of inspections and tests kept under
usual and customary business practices will suffice for purposes of
this paragraph.
(f) Personnel, training, and discharge prevention procedures. (1)
At a minimum, train your oil-handling personnel in the operation and
maintenance of equipment to prevent discharges; discharge procedure
protocols; applicable pollution control laws, rules, and regulations;
general facility operations; and, the contents of the facility SPCC
Plan.
(2) Designate a person at each applicable facility who is
accountable for discharge prevention and who reports to facility
management.
(3) Schedule and conduct discharge prevention briefings for your
oil-handling personnel at least once a year to assure adequate
understanding of the SPCC Plan for that facility. Such briefings must
highlight and describe known discharges as described in Sec. 112.1(b)
or failures, malfunctioning components, and any recently developed
precautionary measures.
(g) Security (excluding oil production facilities). (1) Fully fence
each facility handling, processing, or storing oil, and lock and/or
guard entrance gates when the facility is not in production or is
unattended.
(2) Ensure that the master flow and drain valves and any other
valves permitting direct outward flow of the container's contents to
the surface have adequate security measures so that they remain in the
closed position when in non-operating or non-standby status.
(3) Lock the starter control on each oil pump in the ``off''
position and locate it at a site accessible only to authorized
personnel when the pump is in a non-operating or non-standby status.
(4) Securely cap or blank-flange the loading/unloading connections
of oil pipelines or facility piping when not in service or when in
standby service for an extended time. This security practice also
applies to piping that is emptied of liquid content either by draining
or by inert gas pressure.
(5) Provide facility lighting commensurate with the type and
location of the facility that will assist in the:
(i) Discovery of discharges occurring during hours of darkness,
both by operating personnel, if present, and by non-operating personnel
(the general public, local police, etc.); and
(ii) Prevention of discharges occurring through acts of vandalism.
(h) Facility tank car and tank truck loading/unloading rack
(excluding offshore facilities). (1) Where loading/unloading area
drainage does not flow into a catchment basin or treatment facility
designed to handle discharges, use a quick drainage system for tank car
or tank truck loading and unloading areas. You must design any
containment system to hold at least the maximum capacity of any single
compartment of a tank car or tank truck loaded or unloaded at the
facility.
(2) Provide an interlocked warning light or physical barrier
system, warning signs, wheel chocks, or vehicle break interlock system
in loading/unloading areas to prevent vehicles from departing before
complete disconnection of flexible or fixed oil transfer lines.
(3) Prior to filling and departure of any tank car or tank truck,
closely inspect for discharges the lowermost drain and all outlets of
such vehicles, and if necessary, ensure that they are tightened,
adjusted, or replaced to prevent liquid discharge while in transit.
(i) If a field-constructed aboveground container undergoes a
repair, alteration, reconstruction, or a change in service that might
affect the risk of a discharge or failure due to brittle fracture or
other catastrophe, or has discharged oil or failed due to brittle
fracture failure or other catastrophe, evaluate the container for risk
of discharge or failure due to brittle fracture or other catastrophe,
and as necessary, take appropriate action.
(j) In addition to the minimal prevention standards listed under
this section, include in your Plan a complete discussion of conformance
with the applicable requirements and other effective discharge
prevention and containment procedures listed in this part or any
applicable more stringent State rules, regulations, and guidelines.
3. Part 112 is amended adding subpart B consisting of Secs. 112.8
through 112.11 to read as follows:
Subpart B--Requirements for Petroleum Oils and Non-Petroleum Oils,
Except Animal Fats and Oils and Greases, and Fish and Marine Mammal
Oils; and Vegetable Oils (Including Oils from Seeds, Nuts, Fruits, and
Kernels)
Sec.
112.8 Spill Prevention, Control, and Countermeasure Plan
requirements for onshore facilities (excluding production
facilities).
112.9 Spill Prevention, Control, and Countermeasure Plan
requirements for onshore oil production facilities.
112.10 Spill Prevention, Control, and Countermeasure Plan
requirements for onshore oil drilling and workover facilities.
112.11 Spill Prevention, Control, and Countermeasure Plan
requirements for offshore oil drilling, production, or workover
facilities.
Subpart B--Requirements for Petroleum Oils and Non-Petroleum Oils,
Except Animal Fats and Oils and Greases, and Fish and Marine Mammal
Oils; and Vegetable Oils (Including Oils from Seeds, Nuts, Fruits,
and Kernels)
Sec. 112.8 Spill Prevention, Control, and Countermeasure Plan
requirements for onshore facilities (excluding production facilities).
If you are the owner or operator of an onshore facility (excluding
a production facility), you must:
(a) Meet the general requirements for the Plan listed under
Sec. 112.7, and the specific discharge prevention and containment
procedures listed in this section.
[[Page 47147]]
(b) Facility drainage. (1) Restrain drainage from diked storage
areas by valves to prevent a discharge into the drainage system or
facility effluent treatment system, except where facility systems are
designed to control such discharge. You may empty diked areas by pumps
or ejectors; however, you must manually activate these pumps or
ejectors and must inspect the condition of the accumulation before
starting, to ensure no oil will be discharged.
(2) Use valves of manual, open-and-closed design, for the drainage
of diked areas. You may not use flapper-type drain valves to drain
diked areas. If your facility drainage drains directly into a
watercourse and not into an on-site wastewater treatment plant, you
must inspect and may drain uncontaminated retained stormwater, as
provided in paragraphs (c)(3)(ii), (iii), and (iv) of this section.
(3) Design facility drainage systems from undiked areas with a
potential for a discharge (such as where piping is located outside
containment walls or where tank truck discharges may occur outside the
loading area) to flow into ponds, lagoons, or catchment basins designed
to retain oil or return it to the facility. You must not locate
catchment basins in areas subject to periodic flooding.
(4) If facility drainage is not engineered as in paragraph (b)(3)
of this section, equip the final discharge of all ditches inside the
facility with a diversion system that would, in the event of an
uncontrolled discharge, retain oil in the facility.
(5) Where drainage waters are treated in more than one treatment
unit and such treatment is continuous, and pump transfer is needed,
provide two ``lift'' pumps and permanently install at least one of the
pumps. Whatever techniques you use, you must engineer facility drainage
systems to prevent a discharge as described in Sec. 112.1(b) in case
there is an equipment failure or human error at the facility.
(c) Bulk storage containers. (1) Not use a container for the
storage of oil unless its material and construction are compatible with
the material stored and conditions of storage such as pressure and
temperature.
(2) Construct all bulk storage container installations so that you
provide a secondary means of containment for the entire capacity of the
largest single container and sufficient freeboard to contain
precipitation. You must ensure that diked areas are sufficiently
impervious to contain discharged oil. Dikes, containment curbs, and
pits are commonly employed for this purpose. You may also use an
alternative system consisting of a drainage trench enclosure that must
be arranged so that any discharge will terminate and be safely confined
in a facility catchment basin or holding pond.
(3) Not allow drainage of uncontaminated rainwater from the diked
area into a storm drain or discharge of an effluent into an open
watercourse, lake, or pond, bypassing the facility treatment system
unless you:
(i) Normally keep the bypass valve sealed closed.
(ii) Inspect the retained rainwater to ensure that its presence
will not cause a discharge as described in Sec. 112.1(b).
(iii) Open the bypass valve and reseal it following drainage under
responsible supervision; and
(iv) Keep adequate records of such events, for example, any records
required under permits issued in accordance with Secs. 122.41(j)(2) and
122.41(m)(3) of this chapter.
(4) Protect any completely buried metallic storage tank installed
on or after January 10, 1974 from corrosion by coatings or cathodic
protection compatible with local soil conditions. You must regularly
leak test such completely buried metallic storage tanks.
(5) Not use partially buried or bunkered metallic tanks for the
storage of oil, unless you protect the buried section of the tank from
corrosion. You must protect partially buried and bunkered tanks from
corrosion by coatings or cathodic protection compatible with local soil
conditions.
(6) Test each aboveground container for integrity on a regular
schedule, and whenever you make material repairs. The frequency of and
type of testing must take into account container size and design (such
as floating roof, skid-mounted, elevated, or partially buried). You
must combine visual inspection with another testing technique such as
hydrostatic testing, radiographic testing, ultrasonic testing, acoustic
emissions testing, or another system of non-destructive shell testing.
You must keep comparison records and you must also inspect the
container's supports and foundations. In addition, you must frequently
inspect the outside of the container for signs of deterioration,
discharges, or accumulation of oil inside diked areas. Records of
inspections and tests kept under usual and customary business practices
will suffice for purposes of this paragraph.
(7) Control leakage through defective internal heating coils by
monitoring the steam return and exhaust lines for contamination from
internal heating coils that discharge into an open watercourse, or pass
the steam return or exhaust lines through a settling tank, skimmer, or
other separation or retention system.
(8) Engineer or update each container installation in accordance
with good engineering practice to avoid discharges. You must provide at
least one of the following devices:
(i) High liquid level alarms with an audible or visual signal at a
constantly attended operation or surveillance station. In smaller
facilities an audible air vent may suffice.
(ii) High liquid level pump cutoff devices set to stop flow at a
predetermined container content level.
(iii) Direct audible or code signal communication between the
container gauger and the pumping station.
(iv) A fast response system for determining the liquid level of
each bulk storage container such as digital computers, telepulse, or
direct vision gauges. If you use this alternative, a person must be
present to monitor gauges and the overall filling of bulk storage
containers.
(v) You must regularly test liquid level sensing devices to ensure
proper operation.
(9) Observe effluent treatment facilities frequently enough to
detect possible system upsets that could cause a discharge as described
in Sec. 112.1(b).
(10) Promptly correct visible discharges which result in a loss of
oil from the container, including but not limited to seams, gaskets,
piping, pumps, valves, rivets, and bolts. You must promptly remove any
accumulations of oil in diked areas.
(11) Position or locate mobile or portable oil storage containers
to prevent a discharge as described in Sec. 112.1(b). You must furnish
a secondary means of containment, such as a dike or catchment basin,
sufficient to contain the capacity of the largest single compartment or
container with sufficient freeboard to contain precipitation.
(d) Facility transfer operations, pumping, and facility process.
(1) Provide buried piping that is installed or replaced on or after
August 16, 2002, with a protective wrapping and coating. You must also
cathodically protect such buried piping installations or otherwise
satisfy the corrosion protection standards for piping in part 280 of
this chapter or a State program approved under part 281 of this
chapter. If a section of buried line is exposed for any reason, you
must carefully inspect it for deterioration. If you find corrosion
damage, you must undertake additional examination and corrective action
as
[[Page 47148]]
indicated by the magnitude of the damage.
(2) Cap or blank-flange the terminal connection at the transfer
point and mark it as to origin when piping is not in service or is in
standby service for an extended time.
(3) Properly design pipe supports to minimize abrasion and
corrosion and allow for expansion and contraction.
(4) Regularly inspect all aboveground valves, piping, and
appurtenances. During the inspection you must assess the general
condition of items, such as flange joints, expansion joints, valve
glands and bodies, catch pans, pipeline supports, locking of valves,
and metal surfaces. You must also conduct integrity and leak testing of
buried piping at the time of installation, modification, construction,
relocation, or replacement.
(5) Warn all vehicles entering the facility to be sure that no
vehicle will endanger aboveground piping or other oil transfer
operations.
Sec. 112.9 Spill Prevention, Control, and Countermeasure Plan
requirements for onshore oil production facilities.
If you are the owner or operator of an onshore production facility,
you must:
(a) Meet the general requirements for the Plan listed under
Sec. 112.7, and the specific discharge prevention and containment
procedures listed under this section.
(b) Oil production facility drainage. (1) At tank batteries and
separation and treating areas where there is a reasonable possibility
of a discharge as described in Sec. 112.1(b), close and seal at all
times drains of dikes or drains of equivalent measures required under
Sec. 112.7(c)(1), except when draining uncontaminated rainwater. Prior
to drainage, you must inspect the diked area and take action as
provided in Sec. 112.8(c)(3)(ii), (iii), and (iv). You must remove
accumulated oil on the rainwater and return it to storage or dispose of
it in accordance with legally approved methods.
(2) Inspect at regularly scheduled intervals field drainage systems
(such as drainage ditches or road ditches), and oil traps, sumps, or
skimmers, for an accumulation of oil that may have resulted from any
small discharge. You must promptly remove any accumulations of oil.
(c) Oil production facility bulk storage containers. (1) Not use a
container for the storage of oil unless its material and construction
are compatible with the material stored and the conditions of storage.
(2) Provide all tank battery, separation, and treating facility
installations with a secondary means of containment for the entire
capacity of the largest single container and sufficient freeboard to
contain precipitation. You must safely confine drainage from undiked
areas in a catchment basin or holding pond.
(3) Periodically and upon a regular schedule visually inspect each
container of oil for deterioration and maintenance needs, including the
foundation and support of each container that is on or above the
surface of the ground.
(4) Engineer or update new and old tank battery installations in
accordance with good engineering practice to prevent discharges. You
must provide at least one of the following:
(i) Container capacity adequate to assure that a container will not
overfill if a pumper/gauger is delayed in making regularly scheduled
rounds.
(ii) Overflow equalizing lines between containers so that a full
container can overflow to an adjacent container.
(iii) Vacuum protection adequate to prevent container collapse
during a pipeline run or other transfer of oil from the container.
(iv) High level sensors to generate and transmit an alarm signal to
the computer where the facility is subject to a computer production
control system.
(d) Facility transfer operations, oil production facility. (1)
Periodically and upon a regular schedule inspect all aboveground valves
and piping associated with transfer operations for the general
condition of flange joints, valve glands and bodies, drip pans, pipe
supports, pumping well polish rod stuffing boxes, bleeder and gauge
valves, and other such items.
(2) Inspect saltwater (oil field brine) disposal facilities often,
particularly following a sudden change in atmospheric temperature, to
detect possible system upsets capable of causing a discharge.
(3) Have a program of flowline maintenance to prevent discharges
from each flowline.
Sec. 112.10 Spill Prevention, Control, and Countermeasure Plan
requirements for onshore oil drilling and workover facilities.
If you are the owner or operator of an onshore oil drilling and
workover facility, you must:
(a) Meet the general requirements listed under Sec. 112.7, and also
meet the specific discharge prevention and containment procedures
listed under this section.
(b) Position or locate mobile drilling or workover equipment so as
to prevent a discharge as described in Sec. 112.1(b).
(c) Provide catchment basins or diversion structures to intercept
and contain discharges of fuel, crude oil, or oily drilling fluids.
(d) Install a blowout prevention (BOP) assembly and well control
system before drilling below any casing string or during workover
operations. The BOP assembly and well control system must be capable of
controlling any well-head pressure that may be encountered while that
BOP assembly and well control system are on the well.
Sec. 112.11 Spill Prevention, Control, and Countermeasure Plan
requirements for offshore oil drilling, production, or workover
facilities.
If you are the owner or operator of an offshore oil drilling,
production, or workover facility, you must:
(a) Meet the general requirements listed under Sec. 112.7, and also
meet the specific discharge prevention and containment procedures
listed under this section.
(b) Use oil drainage collection equipment to prevent and control
small oil discharges around pumps, glands, valves, flanges, expansion
joints, hoses, drain lines, separators, treaters, tanks, and associated
equipment. You must control and direct facility drains toward a central
collection sump to prevent the facility from having a discharge as
described in Sec. 112.1(b). Where drains and sumps are not practicable,
you must remove oil contained in collection equipment as often as
necessary to prevent overflow.
(c) For facilities employing a sump system, provide adequately
sized sump and drains and make available a spare pump to remove liquid
from the sump and assure that oil does not escape. You must employ a
regularly scheduled preventive maintenance inspection and testing
program to assure reliable operation of the liquid removal system and
pump start-up device. Redundant automatic sump pumps and control
devices may be required on some installations.
(d) At facilities with areas where separators and treaters are
equipped with dump valves which predominantly fail in the closed
position and where pollution risk is high, specially equip the facility
to prevent the discharge of oil. You must prevent the discharge of oil
by:
(1) Extending the flare line to a diked area if the separator is
near shore;
(2) Equipping the separator with a high liquid level sensor that
will automatically shut in wells producing to the separator; or
(3) Installing parallel redundant dump valves.
(e) Equip atmospheric storage or surge containers with high liquid
level
[[Page 47149]]
sensing devices that activate an alarm or control the flow, or
otherwise prevent discharges.
(f) Equip pressure containers with high and low pressure sensing
devices that activate an alarm or control the flow.
(g) Equip containers with suitable corrosion protection.
(h) Prepare and maintain at the facility a written procedure within
the Plan for inspecting and testing pollution prevention equipment and
systems.
(i) Conduct testing and inspection of the pollution prevention
equipment and systems at the facility on a scheduled periodic basis,
commensurate with the complexity, conditions, and circumstances of the
facility and any other appropriate regulations. You must use simulated
discharges for testing and inspecting human and equipment pollution
control and countermeasure systems.
(j) Describe in detailed records surface and subsurface well shut-
in valves and devices in use at the facility for each well sufficiently
to determine their method of activation or control, such as pressure
differential, change in fluid or flow conditions, combination of
pressure and flow, manual or remote control mechanisms.
(k) Install a BOP assembly and well control system during workover
operations and before drilling below any casing string. The BOP
assembly and well control system must be capable of controlling any
well-head pressure that may be encountered while the BOP assembly and
well control system are on the well.
(l) Equip all manifolds (headers) with check valves on individual
flowlines.
(m) Equip the flowline with a high pressure sensing device and
shut-in valve at the wellhead if the shut-in well pressure is greater
than the working pressure of the flowline and manifold valves up to and
including the header valves. Alternatively you may provide a pressure
relief system for flowlines.
(n) Protect all piping appurtenant to the facility from corrosion,
such as with protective coatings or cathodic protection.
(o) Adequately protect sub-marine piping appurtenant to the
facility against environmental stresses and other activities such as
fishing operations.
(p) Maintain sub-marine piping appurtenant to the facility in good
operating condition at all times. You must periodically and according
to a schedule inspect or test such piping for failures. You must
document and keep a record of such inspections or tests at the
facility.
4. Part 112 is amended by adding subpart C consisting of
Secs. 112.12 through 112.15 to read as follows:
Subpart C--Requirements for Animal Fats and Oils and Greases, and Fish
and Marine Mammal Oils; and for Vegetable Oils, Including Oils from
Seeds, Nuts, Fruits and Kernels
Sec.
112.12 Spill Prevention, Control, and Countermeasure Plan
requirements for onshore facilities (excluding production
facilities).
112.13 Spill Prevention, Control, and Countermeasure Plan
requirements for onshore oil production facilities.
112.14 Spill Prevention, Control, and Countermeasure Plan
requirements for onshore oil drilling and workover facilities.
112.15 Spill Prevention, Control, and Countermeasure Plan
requirements for offshore oil drilling, production, or workover
facilities.
Subpart C--Requirements for Animal Fats and Oils and Greases, and
Fish and Marine Mammal Oils; and for Vegetable Oils, including Oils
from Seeds, Nuts, Fruits, and Kernels.
Sec. 112.12 Spill Prevention, Control, and Countermeasure Plan
requirements for onshore facilities (excluding production facilities)
If you are the owner or operator of an onshore facility (excluding
a production facility), you must:
(a) Meet the general requirements for the Plan listed under
Sec. 112.7, and the specific discharge prevention and containment
procedures listed in this section.
(b) Facility drainage. (1) Restrain drainage from diked storage
areas by valves to prevent a discharge into the drainage system or
facility effluent treatment system, except where facility systems are
designed to control such discharge. You may empty diked areas by pumps
or ejectors; however, you must manually activate these pumps or
ejectors and must inspect the condition of the accumulation before
starting, to ensure no oil will be discharged.
(2) Use valves of manual, open-and-closed design, for the drainage
of diked areas. You may not use flapper-type drain valves to drain
diked areas. If your facility drainage drains directly into a
watercourse and not into an on-site wastewater treatment plant, you
must inspect and may drain uncontaminated retained stormwater, subject
to the requirements of paragraphs (c)(3)(ii), (iii), and (iv) of this
section.
(3) Design facility drainage systems from undiked areas with a
potential for a discharge (such as where piping is located outside
containment walls or where tank truck discharges may occur outside the
loading area) to flow into ponds, lagoons, or catchment basins designed
to retain oil or return it to the facility. You must not locate
catchment basins in areas subject to periodic flooding.
(4) If facility drainage is not engineered as in paragraph (b)(3)
of this section, equip the final discharge of all ditches inside the
facility with a diversion system that would, in the event of an
uncontrolled discharge, retain oil in the facility.
(5) Where drainage waters are treated in more than one treatment
unit and such treatment is continuous, and pump transfer is needed,
provide two ``lift'' pumps and permanently install at least one of the
pumps. Whatever techniques you use, you must engineer facility drainage
systems to prevent a discharge as described in Sec. 112.1(b) in case
there is an equipment failure or human error at the facility.
(c) Bulk storage containers. (1) Not use a container for the
storage of oil unless its material and construction are compatible with
the material stored and conditions of storage such as pressure and
temperature.
(2) Construct all bulk storage container installations so that you
provide a secondary means of containment for the entire capacity of the
largest single container and sufficient freeboard to contain
precipitation. You must ensure that diked areas are sufficiently
impervious to contain discharged oil. Dikes, containment curbs, and
pits are commonly employed for this purpose. You may also use an
alternative system consisting of a drainage trench enclosure that must
be arranged so that any discharge will terminate and be safely confined
in a facility catchment basin or holding pond.
(3) Not allow drainage of uncontaminated rainwater from the diked
area into a storm drain or discharge of an effluent into an open
watercourse, lake, or pond, bypassing the facility treatment system
unless you:
(i) Normally keep the bypass valve sealed closed.
(ii) Inspect the retained rainwater to ensure that its presence
will not cause a discharge as described in Sec. 112.1(b).
(iii) Open the bypass valve and reseal it following drainage under
responsible supervision; and
(iv) Keep adequate records of such events, for example, any records
required under permits issued in accordance with Secs. 122.41(j)(2) and
122.41(m)(3) of this chapter.
(4) Protect any completely buried metallic storage tank installed
on or after January 10, 1974 from corrosion by
[[Page 47150]]
coatings or cathodic protection compatible with local soil conditions.
You must regularly leak test such completely buried metallic storage
tanks.
(5) Not use partially buried or bunkered metallic tanks for the
storage of oil, unless you protect the buried section of the tank from
corrosion. You must protect partially buried and bunkered tanks from
corrosion by coatings or cathodic protection compatible with local soil
conditions.
(6) Test each aboveground container for integrity on a regular
schedule, and whenever you make material repairs. The frequency of and
type of testing must take into account container size and design (such
as floating roof, skid-mounted, elevated, or partially buried). You
must combine visual inspection with another testing technique such as
hydrostatic testing, radiographic testing, ultrasonic testing, acoustic
emissions testing, or another system of non-destructive shell testing.
You must keep comparison records and you must also inspect the
container's supports and foundations. In addition, you must frequently
inspect the outside of the container for signs of deterioration,
discharges, or accumulation of oil inside diked areas. Records of
inspections and tests kept under usual and customary business practices
will suffice for purposes of this paragraph.
(7) Control leakage through defective internal heating coils by
monitoring the steam return and exhaust lines for contamination from
internal heating coils that discharge into an open watercourse, or pass
the steam return or exhaust lines through a settling tank, skimmer, or
other separation or retention system.
(8) Engineer or update each container installation in accordance
with good engineering practice to avoid discharges. You must provide at
least one of the following devices:
(i) High liquid level alarms with an audible or visual signal at a
constantly attended operation or surveillance station. In smaller
facilities an audible air vent may suffice.
(ii) High liquid level pump cutoff devices set to stop flow at a
predetermined container content level.
(iii) Direct audible or code signal communication between the
container gauger and the pumping station.
(iv) A fast response system for determining the liquid level of
each bulk storage container such as digital computers, telepulse, or
direct vision gauges. If you use this alternative, a person must be
present to monitor gauges and the overall filling of bulk storage
containers.
(v) You must regularly test liquid level sensing devices to ensure
proper operation.
(9) Observe effluent treatment facilities frequently enough to
detect possible system upsets that could cause a discharge as described
in Sec. 112.1(b).
(10) Promptly correct visible discharges which result in a loss of
oil from the container, including but not limited to seams, gaskets,
piping, pumps, valves, rivets, and bolts. You must promptly remove any
accumulations of oil in diked areas.
(11) Position or locate mobile or portable oil storage containers
to prevent a discharge as described in Sec. 112.1(b). You must furnish
a secondary means of containment, such as a dike or catchment basin,
sufficient to contain the capacity of the largest single compartment or
container with sufficient freeboard to contain precipitation.
(d) Facility transfer operations, pumping, and facility process.
(1) Provide buried piping that is installed or replaced on or after
August 16, 2002, with a protective wrapping and coating. You must also
cathodically protect such buried piping installations or otherwise
satisfy the corrosion protection standards for piping in part 280 of
this chapter or a State program approved under part 281 of this
chapter. If a section of buried line is exposed for any reason, you
must carefully inspect it for deterioration. If you find corrosion
damage, you must undertake additional examination and corrective action
as indicated by the magnitude of the damage.
(2) Cap or blank-flange the terminal connection at the transfer
point and mark it as to origin when piping is not in service or is in
standby service for an extended time.
(3) Properly design pipe supports to minimize abrasion and
corrosion and allow for expansion and contraction.
(4) Regularly inspect all aboveground valves, piping, and
appurtenances. During the inspection you must assess the general
condition of items, such as flange joints, expansion joints, valve
glands and bodies, catch pans, pipeline supports, locking of valves,
and metal surfaces. You must also conduct integrity and leak testing of
buried piping at the time of installation, modification, construction,
relocation, or replacement.
(5) Warn all vehicles entering the facility to be sure that no
vehicle will endanger aboveground piping or other oil transfer
operations.
Sec. 112.13 Spill Prevention, Control, and Countermeasure Plan
requirements for onshore oil production facilities.
If you are the owner or operator of an onshore production facility,
you must:
(a) Meet the general requirements for the Plan listed under
Sec. 112.7, and the specific discharge prevention and containment
procedures listed under this section.
(b) Oil production facility drainage. (1) At tank batteries and
separation and treating areas where there is a reasonable possibility
of a discharge as described in Sec. 112.1(b), close and seal at all
times drains of dikes or drains of equivalent measures required under
Sec. 112.7(c)(1), except when draining uncontaminated rainwater. Prior
to drainage, you must inspect the diked area and take action as
provided in Sec. 112.12(c)(3)(ii), (iii), and (iv). You must remove
accumulated oil on the rainwater and return it to storage or dispose of
it in accordance with legally approved methods.
(2) Inspect at regularly scheduled intervals field drainage systems
(such as drainage ditches or road ditches), and oil traps, sumps, or
skimmers, for an accumulation of oil that may have resulted from any
small discharge. You must promptly remove any accumulations of oil.
(c) Oil production facility bulk storage containers. (1) Not use a
container for the storage of oil unless its material and construction
are compatible with the material stored and the conditions of storage.
(2) Provide all tank battery, separation, and treating facility
installations with a secondary means of containment for the entire
capacity of the largest single container and sufficient freeboard to
contain precipitation. You must safely confine drainage from undiked
areas in a catchment basin or holding pond.
(3) Periodically and upon a regular schedule visually inspect each
container of oil for deterioration and maintenance needs, including the
foundation and support of each container that is on or above the
surface of the ground.
(4) Engineer or update new and old tank battery installations in
accordance with good engineering practice to prevent discharges. You
must provide at least one of the following:
(i) Container capacity adequate to assure that a container will not
overfill if a pumper/gauger is delayed in making regularly scheduled
rounds.
(ii) Overflow equalizing lines between containers so that a full
container can overflow to an adjacent container.
(iii) Vacuum protection adequate to prevent container collapse
during a
[[Page 47151]]
pipeline run or other transfer of oil from the container.
(iv) High level sensors to generate and transmit an alarm signal to
the computer where the facility is subject to a computer production
control system.
(d) Facility transfer operations, oil production facility. (1)
Periodically and upon a regular schedule inspect all aboveground valves
and piping associated with transfer operations for the general
condition of flange joints, valve glands and bodies, drip pans, pipe
supports, pumping well polish rod stuffing boxes, bleeder and gauge
valves, and other such items.
(2) Inspect saltwater (oil field brine) disposal facilities often,
particularly following a sudden change in atmospheric temperature, to
detect possible system upsets capable of causing a discharge.
(3) Have a program of flowline maintenance to prevent discharges
from each flowline.
Sec. 112.14 Spill Prevention, Control, and Countermeasure Plan
requirements for onshore oil drilling and workover facilities.
If you are the owner or operator of an onshore oil drilling and
workover facility, you must:
(a) Meet the general requirements listed under Sec. 112.7, and also
meet the specific discharge prevention and containment procedures
listed under this section.
(b) Position or locate mobile drilling or workover equipment so as
to prevent a discharge as described in Sec. 112.1(b).
(c) Provide catchment basins or diversion structures to intercept
and contain discharges of fuel, crude oil, or oily drilling fluids.
(d) Install a blowout prevention (BOP) assembly and well control
system before drilling below any casing string or during workover
operations. The BOP assembly and well control system must be capable of
controlling any well-head pressure that may be encountered while that
BOP assembly and well control system are on the well.
Sec. 112.15 Spill Prevention, Control, and Countermeasure Plan
requirements for offshore oil drilling, production, or workover
facilities.
If you are the owner or operator of an offshore oil drilling,
production, or workover facility, you must:
(a) Meet the general requirements listed under Sec. 112.7, and also
meet the specific discharge prevention and containment procedures
listed under this section.
(b) Use oil drainage collection equipment to prevent and control
small oil discharges around pumps, glands, valves, flanges, expansion
joints, hoses, drain lines, separators, treaters, tanks, and associated
equipment. You must control and direct facility drains toward a central
collection sump to prevent the facility from having a discharge as
described in Sec. 112.1(b). Where drains and sumps are not practicable,
you must remove oil contained in collection equipment as often as
necessary to prevent overflow.
(c) For facilities employing a sump system, provide adequately
sized sump and drains and make available a spare pump to remove liquid
from the sump and assure that oil does not escape. You must employ a
regularly scheduled preventive maintenance inspection and testing
program to assure reliable operation of the liquid removal system and
pump start-up device. Redundant automatic sump pumps and control
devices may be required on some installations.
(d) At facilities with areas where separators and treaters are
equipped with dump valves which predominantly fail in the closed
position and where pollution risk is high, specially equip the facility
to prevent the discharge of oil. You must prevent the discharge of oil
by:
(1) Extending the flare line to a diked area if the separator is
near shore;
(2) Equipping the separator with a high liquid level sensor that
will automatically shut in wells producing to the separator; or
(3) Installing parallel redundant dump valves.
(e) Equip atmospheric storage or surge containers with high liquid
level sensing devices that activate an alarm or control the flow, or
otherwise prevent discharges.
(f) Equip pressure containers with high and low pressure sensing
devices that activate an alarm or control the flow.
(g) Equip containers with suitable corrosion protection.
(h) Prepare and maintain at the facility a written procedure within
the Plan for inspecting and testing pollution prevention equipment and
systems.
(i) Conduct testing and inspection of the pollution prevention
equipment and systems at the facility on a scheduled periodic basis,
commensurate with the complexity, conditions, and circumstances of the
facility and any other appropriate regulations. You must use simulated
discharges for testing and inspecting human and equipment pollution
control and countermeasure systems.
(j) Describe in detailed records surface and subsurface well shut-
in valves and devices in use at the facility for each well sufficiently
to determine their method of activation or control, such as pressure
differential, change in fluid or flow conditions, combination of
pressure and flow, manual or remote control mechanisms.
(k) Install a BOP assembly and well control system during workover
operations and before drilling below any casing string. The BOP
assembly and well control system must be capable of controlling any
well-head pressure that may be encountered while that BOP assembly and
well control system are on the well.
(l) Equip all manifolds (headers) with check valves on individual
flowlines.
(m) Equip the flowline with a high pressure sensing device and
shut-in valve at the wellhead if the shut-in well pressure is greater
than the working pressure of the flowline and manifold valves up to and
including the header valves. Alternatively you may provide a pressure
relief system for flowlines.
(n) Protect all piping appurtenant to the facility from corrosion,
such as with protective coatings or cathodic protection.
(o) Adequately protect sub-marine piping appurtenant to the
facility against environmental stresses and other activities such as
fishing operations.
(p) Maintain sub-marine piping appurtenant to the facility in good
operating condition at all times. You must periodically and according
to a schedule inspect or test such piping for failures. You must
document and keep a record of such inspections or tests at the
facility.
5. Part 112 is amended by designating Secs. 112.20 and 112.21 as
subpart D, and adding a subpart heading as follows:
Subpart D--Response Requirements
Sec.
112.20 Facility response plans.
112.21 Facility response training and drills/exercises.
Subpart D--Response Requirements
6. Section 112.20 is amended by revising the first sentence of
paragraph (h) to read as follows:
Sec. 112.20 Facility response plans.
* * * * *
(h) A response plan shall follow the format of the model facility-
specific response plan included in Appendix F to this part, unless you
have prepared an equivalent response plan acceptable to the Regional
Administrator to meet State or other Federal requirements. * * *
* * * * *
[[Page 47152]]
Appendix C--[Amended]
7. Appendix C of part 112 is amended by:
a. Revising the first sentence of section 2.1; and
b. Revising the title and first sentence of section 2.4.
Appendix C to Part 112--Substantial Harm Criteria
* * * * *
2.1 Non-Transportation-Related Facilities With a Total Oil Storage
Capacity Greater Than or Equal to 42,000 Gallons Where Operations
Include Over-Water Transfers of Oil
A non-transportation-related facility with a total oil storage
capacity greater than or equal to 42,000 gallons that transfers oil
over water to or from vessels must submit a response plan to EPA. *
* *
* * * * *
2.4 Proximity to Public Drinking Water Intakes at Facilities with
a Total Oil Storage Capacity Greater than or Equal to 1 Million
Gallons
A facility with a total oil storage capacity greater than or
equal to 1 million gallons must submit its response plan if it is
located at a distance such that a discharge from the facility would
shut down a public drinking water intake, which is analogous to a
public water system as described at 40 CFR 143.2(c). * * *
* * * * *
Appendix D--[Amended]
8. Appendix D of part 112 is amended by revising footnote 2 to
section A.2 of Part A to read as follows:
Appendix D to Part 112--Determination of a Worst Case Discharge
Planning Volume
* * * * *
Part A * * *
* * * * *
A.2 Secondary Containment--Multiple-Tank Facilities
* * * * *
Secondary containment is described in 40 CFR part 112, subparts
A through C. Acceptable methods and structures for containment are
also given in 40 CFR 112.7(c)(1).
* * * * *
Appendix F--[Amended]
9. Appendix F of part 112 is amended by:
a. Revising section 1.2.7;
b. Revising the second and last sentences of section 1.4.3;
c. Revising paragraph (7) and the undesignated paragraph and NOTE
following paragraph (7) in section 1.7.3;
d. Revising section 1.8.1;
e. Revising the first two sentences of section 1.8.1.1.
introductory text;
f. Revising the next to the last sentence of section 1.8.1.3;
g. Revising the next to last sentence of section 1.10.;
h. Revising paragraph (6) of section 2.1;
i. Remove the acronym ``SIC'' in section 3.0, and add in
alphabetical order the acronym ``NAICS'; and.
j. Remove the reference to ``Standard Industrial Classification
(SIC) Code'' in Attachment F-1, General Information, and add in in
alphabetical order a reference to ``North American Industrial
Classification System (NAICS) Code.''
The revisions read as follows:
Appendix F to Part 112--Facility-Specific Response Plan
* * * * *
1.2.7 Current Operation
Briefly describe the facility's operations and include the North
American Industrial Classification System (NAICS) code.
* * * * *
1.4.3 Analysis of the Potential for an Oil Discharge
* * * This analysis shall incorporate factors such as oil
discharge history, horizontal range of a potential discharge, and
vulnerability to natural disaster, and shall, as appropriate,
incorporate other factors such as tank age. * * * The owner or
operator may need to research the age of the tanks the oil discharge
history at the facility.
* * * * *
1.7.3 Containment and Drainage Planning
* * * * *
(7) Other cleanup materials.
In addition, a facility owner or operator must meet the
inspection and monitoring requirements for drainage contained in 40
CFR part 112, subparts A through C. A copy of the containment and
drainage plans that are required in 40 CFR part 112, subparts A
through C may be inserted in this section, including any diagrams in
those plans.
Note: The general permit for stormwater drainage may contain
additional requirements.
* * * * *
1.8.1 Facility Self-Inspection
Under 40 CFR 112.7(e), you must include the written procedures
and records of inspections for each facility in the SPCC Plan. You
must include the inspection records for each container, secondary
containment, and item of response equipment at the facility. You
must cross-reference the records of inspections of each container
and secondary containment required by 40 CFR 112.7(e) in the
facility response plan. The inspection record of response equipment
is a new requirement in this plan. Facility self-inspection requires
two-steps: (1) a checklist of things to inspect; and (2) a method of
recording the actual inspection and its findings. You must note the
date of each inspection. You must keep facility response plan
records for five years. You must keep SPCC records for three years.
* * * * *
1.8.1.1. Tank Inspection
The tank inspection checklist presented below has been included
as guidance during inspections and monitoring. Similar requirements
exist in 40 CFR part 112, subparts A through C. * * *
* * * * *
1.8.1.3 Secondary Containment Inspection
* * * * *
* * * Similar requirements exist in 40 CFR part 112, subparts A
through C. * * *
* * * * *
1.10 Security
According to 40 CFR 112.7(g) facilities are required to maintain
a certain level of security, as appropriate. * * *
* * * * *
2.1 General Information
* * * * *
(6) North American Industrial Classification System (NAICS)
Code: Enter the facility's NAICS code as determined by the Office of
Management and Budget (this information may be obtained from public
library resources.)
* * * * *
3.0 Acronyms
* * * * *
NAICS: North American Industrial Classification System
* * * * *
Attachments to Appendix F
Attachment F-1--Response Plan Cover Sheet
* * * * *
General Information
* * * * *
North American Industrial Classification System (NAICS) Code:
* * * * *
[FR Doc. 02-16852 Filed 7-16-02; 8:45 am]
BILLING CODE 6560-50-P
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