[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR112.21]
[Page 47-108]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 112--OIL POLLUTION PREVENTION--Table of Contents
Subpart D--Response Requirements
Sec. 112.21 Facility response training and drills/exercises.
(a) The owner or operator of any facility required to prepare a
facility response plan under Sec. 112.20 shall develop and implement a
facility response training program and a drill/exercise program that
satisfy the requirements of this section. The owner or operator shall
describe the programs in the response plan as provided in
Sec. 112.20(h)(8).
(b) The facility owner or operator shall develop a facility response
training program to train those personnel involved in oil spill response
activities. It is recommended that the training program be based on the
USCG's Training Elements for Oil Spill Response, as applicable to
facility operations. An alternative program can also be acceptable
subject to approval by the Regional Administrator.
[[Page 48]]
(1) The owner or operator shall be responsible for the proper
instruction of facility personnel in the procedures to respond to
discharges of oil and in applicable oil spill response laws, rules, and
regulations.
(2) Training shall be functional in nature according to job tasks
for both supervisory and non-supervisory operational personnel.
(3) Trainers shall develop specific lesson plans on subject areas
relevant to facility personnel involved in oil spill response and
cleanup.
(c) The facility owner or operator shall develop a program of
facility response drills/exercises, including evaluation procedures. A
program that follows the National Preparedness for Response Exercise
Program (PREP) (see Appendix E to this part, section 13, for
availability) will be deemed satisfactory for purposes of this section.
An alternative program can also be acceptable subject to approval by the
Regional Administrator.
[59 FR 34101, July 1, 1994, as amended at 65 FR 40798, June 30, 2000]
Appendix A to Part 112--Memorandum of Understanding Between the
Secretary of Transportation and the Administrator of the Environmental
Protection Agency
section ii--definitions
The Environmental Protection Agency and the Department of
Transportation agree that for the purposes of Executive Order 11548, the
term:
(1) Non-transportation-related onshore and offshore facilities
means:
(A) Fixed onshore and offshore oil well drilling facilities
including all equipment and appurtenances related thereto used in
drilling operations for exploratory or development wells, but excluding
any terminal facility, unit or process integrally associated with the
handling or transferring of oil in bulk to or from a vessel.
(B) Mobile onshore and offshore oil well drilling platforms, barges,
trucks, or other mobile facilities including all equipment and
appurtenances related thereto when such mobile facilities are fixed in
position for the purpose of drilling operations for exploratory or
development wells, but excluding any terminal facility, unit or process
integrally associated with the handling or transferring of oil in bulk
to or from a vessel.
(C) Fixed onshore and offshore oil production structures, platforms,
derricks, and rigs including all equipment and appurtenances related
thereto, as well as completed wells and the wellhead separators, oil
separators, and storage facilities used in the production of oil, but
excluding any terminal facility, unit or process integrally associated
with the handling or transferring of oil in bulk to or from a vessel.
(D) Mobile onshore and offshore oil production facilities including
all equipment and appurtenances related thereto as well as completed
wells and wellhead equipment, piping from wellheads to oil separators,
oil separators, and storage facilities used in the production of oil
when such mobile facilities are fixed in position for the purpose of oil
production operations, but excluding any terminal facility, unit or
process integrally associated with the handling or transferring of oil
in bulk to or from a vessel.
(E) Oil refining facilities including all equipment and
appurtenances related thereto as well as in-plant processing units,
storage units, piping, drainage systems and waste treatment units used
in the refining of oil, but excluding any terminal facility, unit or
process integrally associated with the handling or transferring of oil
in bulk to or from a vessel.
(F) Oil storage facilities including all equipment and appurtenances
related thereto as well as fixed bulk plant storage, terminal oil
storage facilities, consumer storage, pumps and drainage systems used in
the storage of oil, but excluding inline or breakout storage tanks
needed for the continuous operation of a pipeline system and any
terminal facility, unit or process integrally associated with the
handling or transferring of oil in bulk to or from a vessel.
(G) Industrial, commercial, agricultural or public facilities which
use and store oil, but excluding any terminal facility, unit or process
integrally associated with the handling or transferring of oil in bulk
to or from a vessel.
(H) Waste treatment facilities including in-plant pipelines,
effluent discharge lines, and storage tanks, but excluding waste
treatment facilities located on vessels and terminal storage tanks and
appurtenances for the reception of oily ballast water or tank washings
from vessels and associated systems used for off-loading vessels.
(I) Loading racks, transfer hoses, loading arms and other equipment
which are appurtenant to a nontransportation-related facility or
terminal facility and which are used to transfer oil in bulk to or from
highway vehicles or railroad cars.
(J) Highway vehicles and railroad cars which are used for the
transport of oil exclusively within the confines of a nontransportation-
related facility and which are not intended to transport oil in
interstate or intrastate commerce.
[[Page 49]]
(K) Pipeline systems which are used for the transport of oil
exclusively within the confines of a nontransportation-related facility
or terminal facility and which are not intended to transport oil in
interstate or intrastate commerce, but excluding pipeline systems used
to transfer oil in bulk to or from a vessel.
(2) Transportation-related onshore and offshore facilities means:
(A) Onshore and offshore terminal facilities including transfer
hoses, loading arms and other equipment and appurtenances used for the
purpose of handling or transferring oil in bulk to or from a vessel as
well as storage tanks and appurtenances for the reception of oily
ballast water or tank washings from vessels, but excluding terminal
waste treatment facilities and terminal oil storage facilities.
(B) Transfer hoses, loading arms and other equipment appurtenant to
a non-transportation-related facility which is used to transfer oil in
bulk to or from a vessel.
(C) Interstate and intrastate onshore and offshore pipeline systems
including pumps and appurtenances related thereto as well as in-line or
breakout storage tanks needed for the continuous operation of a pipeline
system, and pipelines from onshore and offshore oil production
facilities, but excluding onshore and offshore piping from wellheads to
oil separators and pipelines which are used for the transport of oil
exclusively within the confines of a nontransportation-related facility
or terminal facility and which are not intended to transport oil in
interstate or intrastate commerce or to transfer oil in bulk to or from
a vessel.
(D) Highway vehicles and railroad cars which are used for the
transport of oil in interstate or intrastate commerce and the equipment
and appurtenances related thereto, and equipment used for the fueling of
locomotive units, as well as the rights-of-way on which they operate.
Excluded are highway vehicles and railroad cars and motive power used
exclusively within the confines of a nontransportation-related facility
or terminal facility and which are not intended for use in interstate or
intrastate commerce.
Appendix B to Part 112--Memorandum of Understanding Among the Secretary
of the Interior, Secretary of Transportation, and Administrator of the
Environmental Protection Agency
Purpose
This Memorandum of Understanding (MOU) establishes the
jurisdictional responsibilities for offshore facilities, including
pipelines, pursuant to section 311 (j)(1)(c), (j)(5), and (j)(6)(A) of
the Clean Water Act (CWA), as amended by the Oil Pollution Act of 1990
(Public Law 101-380). The Secretary of the Department of the Interior
(DOI), Secretary of the Department of Transportation (DOT), and
Administrator of the Environmental Protection Agency (EPA) agree to the
division of responsibilities set forth below for spill prevention and
control, response planning, and equipment inspection activities pursuant
to those provisions.
Background
Executive Order (E.O.) 12777 (56 FR 54757) delegates to DOI, DOT,
and EPA various responsibilities identified in section 311(j) of the
CWA. Sections 2(b)(3), 2(d)(3), and 2(e)(3) of E.O. 12777 assigned to
DOI spill prevention and control, contingency planning, and equipment
inspection activities associated with offshore facilities. Section
311(a)(11) defines the term ``offshore facility'' to include facilities
of any kind located in, on, or under navigable waters of the United
States. By using this definition, the traditional DOI role of regulating
facilities on the Outer Continental Shelf is expanded by E.O. 12777 to
include inland lakes, rivers, streams, and any other inland waters.
Responsibilities
Pursuant to section 2(i) of E.O. 12777, DOI redelegates, and EPA and
DOT agree to assume, the functions vested in DOI by sections 2(b)(3),
2(d)(3), and 2(e)(3) of E.O. 12777 as set forth below. For purposes of
this MOU, the term ``coast line'' shall be defined as in the Submerged
Lands Act (43 U.S.C. 1301(c)) to mean ``the line of ordinary low water
along that portion of the coast which is in direct contact with the open
sea and the line marking the seaward limit of inland waters.''
1. To EPA, DOI redelegates responsibility for non-transportation-
related offshore facilities located landward of the coast line.
2. To DOT, DOI redelegates responsibility for transportation-related
facilities, including pipelines, located landward of the coast line. The
DOT retains jurisdiction for deepwater ports and their associated
seaward pipelines, as delegated by E.O. 12777.
3. The DOI retains jurisdiction over facilities, including
pipelines, located seaward of the coast line, except for deepwater ports
and associated seaward pipelines delegated by E.O. 12777 to DOT.
Effective Date
This MOU is effective on the date of the final execution by the
indicated signatories.
Limitations
1. The DOI, DOT, and EPA may agree in writing to exceptions to this
MOU on a facility-specific basis. Affected parties will receive
notification of the exceptions.
[[Page 50]]
2. Nothing in this MOU is intended to replace, supersede, or modify
any existing agreements between or among DOI, DOT, or EPA.
Modification and Termination
Any party to this agreement may propose modifications by submitting
them in writing to the heads of the other agency/department. No
modification may be adopted except with the consent of all parties. All
parties shall indicate their consent to or disagreement with any
proposed modification within 60 days of receipt. Upon the request of any
party, representatives of all parties shall meet for the purpose of
considering exceptions or modifications to this agreement. This MOU may
be terminated only with the mutual consent of all parties.
Dated: November 8, 1993.
Bruce Babbitt,
Secretary of the Interior.
Dated: December 14, 1993.
Federico Pena,
Secretary of Transportation.
Dated: February 3, 1994.
Carol M. Browner,
Administrator, Environmental Protection Agency.
[59 FR 34102, July 1, 1994]
Appendix C to Part 112--Substantial Harm Criteria
1.0 Introduction
The flowchart provided in Attachment C-I to this appendix shows the
decision tree with the criteria to identify whether a facility ``could
reasonably be expected to cause substantial harm to the environment by
discharging into or on the navigable waters or adjoining shorelines.''
In addition, the Regional Administrator has the discretion to identify
facilities that must prepare and submit facility-specific response plans
to EPA.
1.1 Definitions
1.1.1 Great Lakes means Lakes Superior, Michigan, Huron, Erie, and
Ontario, their connecting and tributary waters, the Saint Lawrence River
as far as Saint Regis, and adjacent port areas.
1.1.2 Higher Volume Port Areas include
(1) Boston, MA;
(2) New York, NY;
(3) Delaware Bay and River to Philadelphia, PA;
(4) St. Croix, VI;
(5) Pascagoula, MS;
(6) Mississippi River from Southwest Pass, LA to Baton Rouge, LA;
(7) Louisiana Offshore Oil Port (LOOP), LA;
(8) Lake Charles, LA;
(9) Sabine-Neches River, TX;
(10) Galveston Bay and Houston Ship Channel, TX;
(11) Corpus Christi, TX;
(12) Los Angeles/Long Beach Harbor, CA;
(13) San Francisco Bay, San Pablo Bay, Carquinez Strait, and Suisun
Bay to Antioch, CA;
(14) Straits of Juan de Fuca from Port Angeles, WA to and including
Puget Sound, WA;
(15) Prince William Sound, AK; and
(16) Others as specified by the Regional Administrator for any EPA
Region.
1.1.3 Inland Area means the area shoreward of the boundary lines
defined in 46 CFR part 7, except in the Gulf of Mexico. In the Gulf of
Mexico, it means the area shoreward of the lines of demarcation (COLREG
lines as defined in 33 CFR 80.740--80.850). The inland area does not
include the Great Lakes.
1.1.4 Rivers and Canals means a body of water confined within the
inland area, including the Intracoastal Waterways and other waterways
artificially created for navigating that have project depths of 12 feet
or less.
2.0 Description of Screening Criteria for the Substantial Harm
Flowchart
A facility that has the potential to cause substantial harm to the
environment in the event of a discharge must prepare and submit a
facility-specific response plan to EPA in accordance with Appendix F to
this part. A description of the screening criteria for the substantial
harm flowchart is provided below:
2.1 Non-Transportation-Related Facilities With a Total Oil Storage
Capacity Greater Than or Equal to 42,000 Gallons Where Operations
Include Over-Water Transfers of Oil. A non-transportation-related
facility with a total oil storage capacity greater than or equal to
42,000 gallons that transfers oil over water to or from vessels must
submit a response plan to EPA. Daily oil transfer operations at these
types of facilities occur between barges and vessels and onshore bulk
storage tanks over open water. These facilities are located adjacent to
navigable water.
2.2 Lack of Adequate Secondary Containment at Facilities With a
Total Oil Storage Capacity Greater Than or Equal to 1 Million Gallons.
Any facility with a total oil storage capacity greater than or equal to
1 million gallons without secondary containment sufficiently large to
contain the capacity of the largest aboveground oil storage tank within
each area plus sufficient freeboard to allow for precipitation must
submit a response plan to EPA. Secondary containment structures that
meet the standard of good engineering practice for the purposes of this
part include berms, dikes, retaining walls, curbing, culverts, gutters,
or other drainage systems.
[[Page 51]]
2.3 Proximity to Fish and Wildlife and Sensitive Environments at
Facilities With a Total Oil Storage Capacity Greater Than or Equal to 1
Million Gallons. A facility with a total oil storage capacity greater
than or equal to 1 million gallons must submit its response plan if it
is located at a distance such that a discharge from the facility could
cause injury (as defined at 40 CFR 112.2) to fish and wildlife and
sensitive environments. For further description of fish and wildlife and
sensitive environments, see Appendices I, II, and III to DOC/NOAA's
``Guidance for Facility and Vessel Response Plans: Fish and Wildlife and
Sensitive Environments'' (see Appendix E to this part, section 13, for
availability) and the applicable Area Contingency Plan. Facility owners
or operators must determine the distance at which an oil discharge could
cause injury to fish and wildlife and sensitive environments using the
appropriate formula presented in Attachment C-III to this appendix or a
comparable formula.
2.4 Proximity to Public Drinking Water Intakes at Facilities with a
Total 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). The distance at which an oil
discharge from an SPCC-regulated facility would shut down a public
drinking water intake shall be calculated using the appropriate formula
presented in Attachment C-III to this appendix or a comparable formula.
2.5 Facilities That Have Experienced Reportable Oil Discharges in
an Amount Greater Than or Equal to 10,000 Gallons Within the Past 5
Years and That Have a Total Oil Storage Capacity Greater Than or Equal
to 1 Million Gallons. A facility's oil spill history within the past 5
years shall be considered in the evaluation for substantial harm. Any
facility with a total oil storage capacity greater than or equal to 1
million gallons that has experienced a reportable oil discharge in an
amount greater than or equal to 10,000 gallons within the past 5 years
must submit a response plan to EPA.
3.0 Certification for Facilities That Do Not Pose Substantial Harm
If the facility does not meet the substantial harm criteria listed
in Attachment C-I to this appendix, the owner or operator shall complete
and maintain at the facility the certification form contained in
Attachment C-II to this appendix. In the event an alternative formula
that is comparable to the one in this appendix is used to evaluate the
substantial harm criteria, the owner or operator shall attach
documentation to the certification form that demonstrates the
reliability and analytical soundness of the comparable formula and shall
notify the Regional Administrator in writing that an alternative formula
was used.
4.0 References
Chow, V.T. 1959. Open Channel Hydraulics. McGraw Hill.
USCG IFR (58 FR 7353, February 5, 1993). This document is available
through EPA's rulemaking docket as noted in Appendix E to this part,
section 13.
[[Page 52]]
Attachments to Appendix C
[GRAPHIC] [TIFF OMITTED] TR30JN00.061
[[Page 53]]
Attachment C-II--Certification of the Applicability of the Substantial
Harm Criteria
Facility Name:__________________________________________________________
Facility Address:_______________________________________________________
1. Does the facility transfer oil over water to or from vessels and
does the facility have a total oil storage capacity greater than or
equal to 42,000 gallons?
Yes ------ No ------
2. Does the facility have a total oil storage capacity greater than
or equal to 1 million gallons and does the facility lack secondary
containment that is sufficiently large to contain the capacity of the
largest aboveground oil storage tank plus sufficient freeboard to allow
for precipitation within any aboveground oil storage tank area?
Yes ------ No ------
3. Does the facility have a total oil storage capacity greater than
or equal to 1 million gallons and is the facility located at a distance
(as calculated using the appropriate formula in Attachment C-III to this
appendix or a comparable formula \1\) such that a discharge from the
facility could cause injury to fish and wildlife and sensitive
environments? For further description of fish and wildlife and sensitive
environments, see Appendices I, II, and III to DOC/NOAA's ``Guidance for
Facility and Vessel Response Plans: Fish and Wildlife and Sensitive
Environments'' (see Appendix E to this part, section 13, for
availability) and the applicable Area Contingency Plan.
Yes ------ No ------
4. Does the facility have a total oil storage capacity greater than
or equal to 1 million gallons and is the facility located at a distance
(as calculated using the appropriate formula in Attachment C-III to this
appendix or a comparable formula \1\) such that a discharge from the
facility would shut down a public drinking water intake \2\ ?
---------------------------------------------------------------------------
\1\ If a comparable formula is used, documentation of the
reliability and analytical soundness of the comparable formula must be
attached to this form.
\2\ For the purposes of 40 CFR part 112, public drinking water
intakes are analogous to public water systems as described at 40 CFR
143.2(c).
---------------------------------------------------------------------------
Yes ------ No ------
5. Does the facility have a total oil storage capacity greater than
or equal to 1 million gallons and has the facility experienced a
reportable oil discharge in an amount greater than or equal to 10,000
gallons within the last 5 years?
Yes ------ No ------
Certification
I certify under penalty of law that I have personally examined and
am familiar with the information submitted in this document, and that
based on my inquiry of those individuals responsible for obtaining this
information, I believe that the submitted information is true, accurate,
and complete.
________________________________________________________________________
Signature
________________________________________________________________________
Name (please type or print)
________________________________________________________________________
Title
________________________________________________________________________
Date
Attachment C-III--Calculation of the Planning Distance
1.0 Introduction
1.1 The facility owner or operator must evaluate whether the
facility is located at a distance such that a discharge from the
facility could cause injury to fish and wildlife and sensitive
environments or disrupt operations at a public drinking water intake. To
quantify that distance, EPA considered oil transport mechanisms over
land and on still, tidal influence, and moving navigable waters. EPA has
determined that the primary concern for calculation of a planning
distance is the transport of oil in navigable waters during adverse
weather conditions. Therefore, two formulas have been developed to
determine distances for planning purposes from the point of discharge at
the facility to the potential site of impact on moving and still waters,
respectively. The formula for oil transport on moving navigable water is
based on the velocity of the water body and the time interval for
arrival of response resources. The still water formula accounts for the
spread of discharged oil over the surface of the water. The method to
determine oil transport on tidal influence areas is based on the type of
oil discharged and the distance down current during ebb tide and up
current during flood tide to the point of maximum tidal influence.
1.2 EPA's formulas were designed to be simple to use. However,
facility owners or operators may calculate planning distances using more
sophisticated formulas, which take into account broader scientific or
engineering principles, or local conditions. Such comparable formulas
may result in different planning distances than EPA's formulas. In the
event that an alternative formula that is comparable to one contained in
this appendix is used to evaluate the criterion in 40 CFR
112.20(f)(1)(ii)(B) or (f)(1)(ii)(C), the owner or operator shall attach
documentation to the response plan cover sheet contained in Appendix F
to this part that demonstrates the reliability and analytical soundness
of the alternative formula and shall notify the Regional Administrator
in
[[Page 54]]
writing that an alternative formula was used.\1\
---------------------------------------------------------------------------
\1\ For persistent oils or non-persistent oils, a worst case
trajectory model (i.e., an alternative formula) may be substituted for
the distance formulas described in still, moving, and tidal waters,
subject to Regional Administrator's review of the model. An example of
an alternative formula that is comparable to the one contained in this
appendix would be a worst case trajectory calculation based on credible
adverse winds, currents, and/or river stages, over a range of seasons,
weather conditions, and river stages. Based on historical information or
a spill trajectory model, the Agency may require that additional fish
and wildlife and sensitive environments or public drinking water intakes
also be protected.
---------------------------------------------------------------------------
1.3 A regulated facility may meet the criteria for the potential to
cause substantial harm to the environment without having to perform a
planning distance calculation. For facilities that meet the substantial
harm criteria because of inadequate secondary containment or oil spill
history, as listed in the flowchart in Attachment C-I to this appendix,
calculation of the planning distance is unnecessary. For facilities that
do not meet the substantial harm criteria for secondary containment or
oil spill history as listed in the flowchart, calculation of a planning
distance for proximity to fish and wildlife and sensitive environments
and public drinking water intakes is required, unless it is clear
without performing the calculation (e.g., the facility is located in a
wetland) that these areas would be impacted.
1.4 A facility owner or operator who must perform a planning
distance calculation on navigable water is only required to do so for
the type of navigable water conditions (i.e., moving water, still water,
or tidal- influenced water) applicable to the facility. If a facility
owner or operator determines that more than one type of navigable water
condition applies, then the facility owner or operator is required to
perform a planning distance calculation for each navigable water type to
determine the greatest single distance that oil may be transported. As a
result, the final planning distance for oil transport on water shall be
the greatest individual distance rather than a summation of each
calculated planning distance.
1.5 The planning distance formula for transport on moving waterways
contains three variables: the velocity of the navigable water (v), the
response time interval (t), and a conversion factor (c). The velocity,
v, is determined by using the Chezy-Manning equation, which, in this
case, models the flood flow rate of water in open channels. The Chezy-
Manning equation contains three variables which must be determined by
facility owners or operators. Manning's Roughness Coefficient (for flood
flow rates), n, can be determined from Table 1 of this attachment. The
hydraulic radius, r, can be estimated using the average mid-channel
depth from charts provided by the sources listed in Table 2 of this
attachment. The average slope of the river, s, can be determined using
topographic maps that can be ordered from the U.S. Geological Survey, as
listed in Table 2 of this attachment.
1.6 Table 3 of this attachment contains specified time intervals
for estimating the arrival of response resources at the scene of a
discharge. Assuming no prior planning, response resources should be able
to arrive at the discharge site within 12 hours of the discovery of any
oil discharge in Higher Volume Port Areas and within 24 hours in Great
Lakes and all other river, canal, inland, and nearshore areas. The
specified time intervals in Table 3 of Appendix C are to be used only to
aid in the identification of whether a facility could cause substantial
harm to the environment. Once it is determined that a plan must be
developed for the facility, the owner or operator shall reference
Appendix E to this part to determine appropriate resource levels and
response times. The specified time intervals of this appendix include a
3-hour time period for deployment of boom and other response equipment.
The Regional Administrator may identify additional areas as appropriate.
2.0 Oil Transport on Moving Navigable Waters
2.1 The facility owner or operator must use the following formula
or a comparable formula as described in Sec. 112.20(a)(3) to calculate
the planning distance for oil transport on moving navigable water:
d=vxtxc; where
d: the distance downstream from a facility within which fish and
wildlife and sensitive environments could be injured or a public
drinking water intake would be shut down in the event of an oil
discharge (in miles);
v: the velocity of the river/navigable water of concern (in ft/sec) as
determined by Chezy-Manning's equation (see below and Tables 1 and 2 of
this attachment);
t: the time interval specified in Table 3 based upon the type of water
body and location (in hours); and
c: constant conversion factor 0.68 sec[omega] mile/hr[omega] ft (3600
sec/hr / 5280 ft/mile).
2.2 Chezy-Manning's equation is used to determine velocity:
v=1.5/nxr\2/3\xs\1/2\; where
v=the velocity of the river of concern (in ft/sec);
n=Manning's Roughness Coefficient from Table 1 of this attachment;
r=the hydraulic radius; the hydraulic radius can be approximated for
parabolic channels by multiplying the average mid-channel depth of the
river (in feet) by 0.667
[[Page 55]]
(sources for obtaining the mid-channel depth are listed in Table 2 of
this attachment); and
s=the average slope of the river (unitless) obtained from U.S.
Geological Survey topographic maps at the address listed in Table 2 of
this attachment.
Table 1--Manning's Roughness Coefficient for Natural Streams
[Note: Coefficients are presented for high flow rates at or near flood
stage.]
------------------------------------------------------------------------
Roughness
Stream description coefficient
(n)
------------------------------------------------------------------------
Minor Streams (Top Width <100 ft.)
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 ft.)
Regular section:
(No boulders/brush)...................................... 0.035
Irregular section:
(Brush).................................................. 0.05
------------------------------------------------------------------------
Table 2--Sources of r and s for the Chezy-Manning Equation
All of the charts and related publications for navigational waters may
be ordered from:
Distribution Branch
(N/CG33)
National Ocean Service
Riverdale, Maryland 20737-1199
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 Illinois Waterway to Lake
Michigan:
U.S. Army Corps of Engineers
Rock Island District
P.O. Box 2004
Rock Island, Illinois 61204
Phone: (309) 794-5552
Charts of Missouri River:
U.S. Army Corps of Engineers
Omaha District
6014 U.S. Post Office and Courthouse
Omaha, Nebraska 68102
Phone: (402) 221-3900
Charts of Ohio River:
U.S. Army Corps of Engineers
Ohio River Division
P.O. Box 1159
Cincinnati, Ohio 45201
Phone: (513) 684-3002
Charts of Tennessee Valley Authority Reservoirs, Tennessee River and
Tributaries:
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's Department of Natural Resources (DNR) or the State's Aids
to Navigation office;
2. A knowledgeable local marina operator; or
3. A knowledgeable local water authority (e.g., State water commission)
2.3 The average slope of the river (s) can be determined from the
topographic maps using the following steps:
(1) Locate the facility on the map.
(2) Find the Normal Pool Elevation at the point of discharge from
the facility into the water (A).
(3) Find the Normal Pool Elevation of the public drinking water
intake or fish and wildlife and sensitive environment located downstream
(B) (Note: The owner or operator should use a minimum of 20 miles
downstream as a cutoff to obtain the average slope if the location of a
specific public drinking water intake or fish and wildlife and sensitive
environment is unknown).
(4) If the Normal Pool Elevation is not available, the elevation
contours can be used to find the slope. Determine elevation of the water
at the point of discharge from the facility (A). Determine the elevation
of the
[[Page 56]]
water at the appropriate distance downstream (B). The formula presented
below can be used to calculate the slope.
(5) Determine the distance (in miles) between the facility and the
public drinking water intake or fish and wildlife and sensitive
environments (C).
(6) Use the following formula to find the slope, which will be a
unitless value: Average Slope=[(A-B) (ft)/C (miles)] x [1 mile/5280
feet]
2.4 If it is not feasible to determine the slope and mid-channel
depth by the Chezy-Manning equation, then the river velocity can be
approximated on- site. A specific length, such as 100 feet, can be
marked off along the shoreline. A float can be dropped into the stream
above the mark, and the time required for the float to travel the
distance can be used to determine the velocity in feet per second.
However, this method will not yield an average velocity for the length
of the stream, but a velocity only for the specific location of
measurement. In addition, the flow rate will vary depending on weather
conditions such as wind and rainfall. It is recommended that facility
owners or operators repeat the measurement under a variety of conditions
to obtain the most accurate estimate of the surface water velocity under
adverse weather conditions.
2.5 The planning distance calculations for moving and still
navigable waters are based on worst case discharges of persistent oils.
Persistent oils are of concern because they can remain in the water for
significant periods of time and can potentially exist in large
quantities downstream. Owners or operators of facilities that store
persistent as well as non-persistent oils may use a comparable formula.
The volume of oil discharged is not included as part of the planning
distance calculation for moving navigable waters. Facilities that will
meet this substantial harm criterion are those with facility capacities
greater than or equal to 1 million gallons. It is assumed that these
facilities are capable of having an oil discharge of sufficient quantity
to cause injury to fish and wildlife and sensitive environments or shut
down a public drinking water intake. While owners or operators of
transfer facilities that store greater than or equal to 42,000 gallons
are not required to use a planning distance formula for purposes of the
substantial harm criteria, they should use a planning distance
calculation in the development of facility-specific response plans.
Table 3--Specified Time Intervals
------------------------------------------------------------------------
Substantial harm planning
Operating areas time (hrs)
------------------------------------------------------------------------
Higher volume port area................... 12 hour arrival+3 hour
deployment=15 hours.
Great Lakes............................... 24 hour arrival+3 hour
deployment=27 hours.
All other rivers and canals, inland, and 24 hour arrival+3 hour
nearshore areas. deployment=27 hours.
------------------------------------------------------------------------
2.6 Example of the Planning Distance Calculation for Oil Transport
on Moving Navigable Waters. The following example provides a sample
calculation using the planning distance formula for a facility
discharging oil into the Monongahela River:
(1) Solve for v by evaluating n, r, and s for the Chezy-Manning
equation:
Find the roughness coefficient, n, on Table 1 of this attachment for
a regular section of a major stream with a top width greater than 100
feet. The top width of the river can be found from the topographic map.
n=0.035.
Find slope, s, where A=727 feet, B=710 feet, and C=25 miles.
Solving:
s=[(727 ft-1710 ft)/25 miles]x[1 mile/5280 feet]=1.3x10-4
The average mid-channel depth is found by averaging the mid-channel
depth for each mile along the length of the river between the facility
and the public drinking water intake or the fish or wildlife or
sensitive environment (or 20 miles downstream if applicable). This value
is multiplied by 0.667 to obtain the hydraulic radius. The mid-channel
depth is found by obtaining values for r and s from the sources shown in
Table 2 for the Monongahela River.
Solving:
r=0.667x20 feet=13.33 feet
Solve for v using:
v=1.5/nxr2/3xs1/2:
v=[1.5/0.035]x(13.33)2/3x(1.3x10-4)1/2
v=2.73 feet/second
(2) Find t from Table 3 of this attachment. The Monongahela River's
resource response time is 27 hours.
(3) Solve for planning distance, d:
d=vxtxc
d=(2.73 ft/sec)x(27 hours)x(0.68 sec[omega] mile/hr[omega] ft)
d=50 miles
Therefore, 50 miles downstream is the appropriate planning distance for
this facility.
3.0 Oil Transport on Still Water
3.1 For bodies of water including lakes or ponds that do not have a
measurable velocity, the spreading of the oil over the surface must be
considered. Owners or operators of facilities located next to still
water bodies may use a comparable means of calculating
[[Page 57]]
the planning distance. If a comparable formula is used, documentation of
the reliability and analytical soundness of the comparable calculation
must be attached to the response plan cover sheet.
3.2 Example of the Planning Distance Calculation for Oil Transport
on Still Water. To assist those facilities which could potentially
discharge into a still body of water, the following analysis was
performed to provide an example of the type of formula that may be used
to calculate the planning distance. For this example, a worst case
discharge of 2,000,000 gallons is used.
(1) The surface area in square feet covered by an oil discharge on
still water, A1, can be determined by the following formula,\2\ where V
is the volume of the discharge in gallons and C is a constant conversion
factor:
---------------------------------------------------------------------------
\2\ Huang, J.C. and Monastero, F.C., 1982. Review of the State-of-
the-Art of Oil Pollution Models. Final report submitted to the American
Petroleum Institute by Raytheon Ocean Systems, Co., East Providence,
Rhode Island.
---------------------------------------------------------------------------
A1=105xV\3/4\xC
C=0.1643
A1=105x(2,000,000 gallons)\3/4\x(0.1643)
A1=8.74x108 ft2
(2) The spreading formula is based on the theoretical condition that
the oil will spread uniformly in all directions forming a circle. In
reality, the outfall of the discharge will direct the oil to the surface
of the water where it intersects the shoreline. Although the oil will
not spread uniformly in all directions, it is assumed that the discharge
will spread from the shoreline into a semi-circle (this assumption does
not account for winds or wave action).
(3) The area of a circle=[dagger] r2
(4) To account for the assumption that oil will spread in a semi-
circular shape, the area of a circle is divided by 2 and is designated
as A2.
A2=([dagger] r2)/2
Solving for the radius, r, using the relationship
A1=A2: 8.74x108
ft2=([dagger]2)/2
Therefore, r=23,586 ft
r=23,586 ft/5,280 ft/mile=4.5 miles
Assuming a 20 knot wind under storm conditions:
1 knot=1.15 miles/hour
20 knotsx1.15 miles/hour/knot=23 miles/hr
Assuming that the oil slick moves at 3 percent of the wind's speed:\3\
---------------------------------------------------------------------------
\3\ Oil Spill Prevention & Control. National Spill Control School,
Corpus Christi State University, Thirteenth Edition, May 1990.
---------------------------------------------------------------------------
23 miles/hourx0.03=0.69 miles/hour
(5) To estimate the distance that the oil will travel, use the times
required for response resources to arrive at different geographic
locations as shown in Table 3 of this attachment.
For example:
For Higher Volume Port Areas: 15 hrsx0.69 miles/hr=10.4 miles
For Great Lakes and all other areas: 27 hrsx0.69 miles/hr=18.6 miles
(6) The total distance that the oil will travel from the point of
discharge, including the distance due to spreading, is calculated as
follows:
Higher Volume Port Areas: d=10.4+4.5 miles or approximately 15 miles
Great Lakes and all other areas: d=18.6+4.5 miles or approximately 23
miles
4.0 Oil Transport on Tidal-Influence Areas
4.1 The planning distance method for tidal influence navigable
water is based on worst case discharges of persistent and non-persistent
oils. Persistent oils are of primary concern because they can
potentially cause harm over a greater distance. For persistent oils
discharged into tidal waters, the planning distance is 15 miles from the
facility down current during ebb tide and to the point of maximum tidal
influence or 15 miles, whichever is less, during flood tide.
4.2 For non-persistent oils discharged into tidal waters, the
planning distance is 5 miles from the facility down current during ebb
tide and to the point of maximum tidal influence or 5 miles, whichever
is less, during flood tide.
4.3 Example of Determining the Planning Distance for Two Types of
Navigable Water Conditions. Below is an example of how to determine the
proper planning distance when a facility could impact two types of
navigable water conditions: moving water and tidal water.
(1) Facility X stores persistent oil and is located downstream from
locks along a slow moving river which is affected by tides. The river
velocity, v, is determined to be 0.5 feet/second from the Chezy-Manning
equation used to calculate oil transport on moving navigable waters. The
specified time interval, t, obtained from Table 3 of this attachment for
river areas is 27 hours. Therefore, solving for the planning distance,
d:
d=vxtxc
d=(0.5 ft/sec)x(27 hours)x(0.68 secmile/hrft)
d=9.18 miles.
(2) However, the planning distance for maximum tidal influence down
current during ebb tide is 15 miles, which is greater than the
calculated 9.18 miles. Therefore, 15 miles downstream is the appropriate
planning distance for this facility.
5.0 Oil Transport Over Land
5.1 Facility owners or operators must evaluate the potential for
oil to be transported over land to navigable waters of the United
States. The owner or operator must evaluate the likelihood that portions
of a worst case discharge would reach navigable
[[Page 58]]
waters via open channel flow or from sheet flow across the land, or be
prevented from reaching navigable waters when trapped in natural or man-
made depressions excluding secondary containment structures.
5.2 As discharged oil travels over land, it may enter a storm drain
or open concrete channel intended for drainage. It is assumed that once
oil reaches such an inlet, it will flow into the receiving navigable
water. During a storm event, it is highly probable that the oil will
either flow into the drainage structures or follow the natural contours
of the land and flow into the navigable water. Expected minimum and
maximum velocities are provided as examples of open concrete channel and
pipe flow. The ranges listed below reflect minimum and maximum
velocities used as design criteria.\4\ The calculation below
demonstrates that the time required for oil to travel through a storm
drain or open concrete channel to navigable water is negligible and can
be considered instantaneous. The velocities are:
---------------------------------------------------------------------------
\4\ The design velocities were obtained from Howard County, Maryland
Department of Public Works' Storm Drainage Design Manual.
---------------------------------------------------------------------------
For open concrete channels:
maximum velocity=25 feet per second
minimum velocity=3 feet per second
For storm drains:
maximum velocity=25 feet per second
minimum velocity=2 feet per second
5.3 Assuming a length of 0.5 mile from the point of discharge
through an open concrete channel or concrete storm drain to a navigable
water, the travel times (distance/velocity) are:
1.8 minutes at a velocity of 25 feet per second
14.7 minutes at a velocity of 3 feet per second
22.0 minutes for at a velocity of 2 feet per second
5.4 The distances that shall be considered to determine the
planning distance are illustrated in Figure C-I of this attachment. The
relevant distances can be described as follows:
D1=Distance from the nearest opportunity for discharge, X1,
to a storm drain or an open concrete channel leading to navigable water.
D2=Distance through the storm drain or open concrete channel to
navigable water.
D3=Distance downstream from the outfall within which fish and wildlife
and sensitive environments could be injured or a public drinking water
intake would be shut down as determined by the planning distance
formula.
D4=Distance from the nearest opportunity for discharge, X2,
to fish and wildlife and sensitive environments not bordering navigable
water.
5.5 A facility owner or operator whose nearest opportunity for
discharge is located within 0.5 mile of a navigable water must complete
the planning distance calculation (D3) for the type of navigable water
near the facility or use a comparable formula.
5.6 A facility that is located at a distance greater than 0.5 mile
from a navigable water must also calculate a planning distance (D3) if
it is in close proximity (i.e., D1 is less than 0.5 mile and other
factors are conducive to oil travel over land) to storm drains that flow
to navigable waters. Factors to be considered in assessing oil transport
over land to storm drains shall include the topography of the
surrounding area, drainage patterns, man-made barriers (excluding
secondary containment structures), and soil distribution and porosity.
Storm drains or concrete drainage channels that are located in close
proximity to the facility can provide a direct pathway to navigable
waters, regardless of the length of the drainage pipe. If D1 is less
than or equal to 0.5 mile, a discharge from the facility could pose
substantial harm because the time to travel the distance from the storm
drain to the navigable water (D2) is virtually instantaneous.
5.7 A facility's proximity to fish and wildlife and sensitive
environments not bordering a navigable water, as depicted as D4 in
Figure C-I of this attachment, must also be considered, regardless of
the distance from the facility to navigable waters. Factors to be
considered in assessing oil transport over land to fish and wildlife and
sensitive environments should include the topography of the surrounding
area, drainage patterns, man-made barriers (excluding secondary
containment structures), and soil distribution and porosity.
5.8 If a facility is not found to pose substantial harm to fish and
wildlife and sensitive environments not bordering navigable waters via
oil transport on land, then supporting documentation should be
maintained at the facility. However, such documentation should be
submitted with the response plan if a facility is found to pose
substantial harm.
[[Page 59]]
[GRAPHIC] [TIFF OMITTED] TC01MR92.010
[[Page 60]]
[59 FR 34102, July 1, 1994, as amended at 65 FR 40798, June 30, 2000; 67
FR 47152, July 17, 2002]
Appendix D to Part 112--Determination of a Worst Case Discharge Planning
Volume
1.0 Instructions
1.1 An owner or operator is required to complete this worksheet if
the facility meets the criteria, as presented in Appendix C to this
part, or it is determined by the RA that the facility could cause
substantial harm to the environment. The calculation of a worst case
discharge planning volume is used for emergency planning purposes, and
is required in 40 CFR 112.20 for facility owners or operators who must
prepare a response plan. When planning for the amount of resources and
equipment necessary to respond to the worst case discharge planning
volume, adverse weather conditions must be taken into consideration. An
owner or operator is required to determine the facility's worst case
discharge planning volume from either part A of this appendix for an
onshore storage facility, or part B of this appendix for an onshore
production facility. The worksheet considers the provision of adequate
secondary containment at a facility.
1.2 For onshore storage facilities and production facilities,
permanently manifolded oil storage tanks are defined as tanks that are
designed, installed, and/or operated in such a manner that the multiple
tanks function as one storage unit (i.e., multiple tank volumes are
equalized). In a worst case discharge scenario, a single failure could
cause the discharge of the contents of more than one tank. The owner or
operator must provide evidence in the response plan that tanks with
common piping or piping systems are not operated as one unit. If such
evidence is provided and is acceptable to the RA, the worst case
discharge planning volume would be based on the capacity of the largest
oil storage tank within a common secondary containment area or the
largest oil storage tank within a single secondary containment area,
whichever is greater. For permanently manifolded tanks that function as
one oil storage unit, the worst case discharge planning volume would be
based on the combined oil storage capacity of all manifolded tanks or
the capacity of the largest single oil storage tank within a secondary
containment area, whichever is greater. For purposes of this rule,
permanently manifolded tanks that are separated by internal divisions
for each tank are considered to be single tanks and individual
manifolded tank volumes are not combined.
1.3 For production facilities, the presence of exploratory wells,
production wells, and oil storage tanks must be considered in the
calculation. Part B of this appendix takes these additional factors into
consideration and provides steps for their inclusion in the total worst
case discharge planning volume. Onshore oil production facilities may
include all wells, flowlines, separation equipment, storage facilities,
gathering lines, and auxiliary non-transportation-related equipment and
facilities in a single geographical oil or gas field operated by a
single operator. Although a potential worst case discharge planning
volume is calculated within each section of the worksheet, the final
worst case amount depends on the risk parameter that results in the
greatest volume.
1.4 Marine transportation-related transfer facilities that contain
fixed aboveground onshore structures used for bulk oil storage are
jointly regulated by EPA and the U.S. Coast Guard (USCG), and are termed
``complexes.'' Because the USCG also requires response plans from
transportation-related facilities to address a worst case discharge of
oil, a separate calculation for the worst case discharge planning volume
for USCG-related facilities is included in the USCG IFR (see Appendix E
to this part, section 13, for availability). All complexes that are
jointly regulated by EPA and the USCG must compare both calculations for
worst case discharge planning volume derived by using the EPA and USCG
methodologies and plan for whichever volume is greater.
PART A: WORST CASE DISCHARGE PLANNING VOLUME CALCULATION FOR ONSHORE
STORAGE FACILITIES \1\
---------------------------------------------------------------------------
\1\ ``Storage facilities'' represent all facilities subject to this
part, excluding oil production facilities.
---------------------------------------------------------------------------
Part A of this worksheet is to be completed by the owner or operator
of an SPCC-regulated facility (excluding oil production facilities) if
the facility meets the criteria as presented in Appendix C to this part,
or if it is determined by the RA that the facility could cause
substantial harm to the environment. If you are the owner or operator of
a production facility, please proceed to part B of this worksheet.
A.1 SINGLE-TANK FACILITIES
For facilities containing only one aboveground oil storage tank, the
worst case discharge planning volume equals the capacity of the oil
storage tank. If adequate secondary containment (sufficiently large to
contain the capacity of the aboveground oil storage tank plus sufficient
freeboard to allow for precipitation) exists for the oil storage tank,
multiply the capacity of the tank by 0.8.
(1) FINAL WORST CASE VOLUME: -------- GAL
(2) Do not proceed further.
[[Page 61]]
A.2 SECONDARY CONTAINMENT--MULTIPLE-TANK FACILITIES
Are all aboveground oil storage tanks or groups of aboveground oil
storage tanks at the facility without adequate secondary containment?
\2\
---------------------------------------------------------------------------
\2\ 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).
---------------------------------------------------------------------------
-------- (Y/N)
A.2.1 If the answer is yes, the final worst case discharge planning
volume equals the total aboveground oil storage capacity at the
facility.
(1) FINAL WORST CASE VOLUME: -------- GAL
(2) Do not proceed further.
A.2.2 If the answer is no, calculate the total aboveground oil
storage capacity of tanks without adequate secondary containment. If all
aboveground oil storage tanks or groups of aboveground oil storage tanks
at the facility have adequate secondary containment, ENTER ``0'' (zero).
-------- GAL
A.2.3 Calculate the capacity of the largest single aboveground oil
storage tank within an adequate secondary containment area or the
combined capacity of a group of aboveground oil storage tanks
permanently manifolded together, whichever is greater, PLUS THE VOLUME
FROM QUESTION A.2.2.
FINAL WORST CASE VOLUME: \3\ -------- GAL
---------------------------------------------------------------------------
\3\ All complexes that are jointly regulated by EPA and the USCG
must also calculate the worst case discharge planning volume for the
transportation-related portions of the facility and plan for whichever
volume is greater.
---------------------------------------------------------------------------
PART B: WORST CASE DISCHARGE PLANNING VOLUME CALCULATION FOR ONSHORE
PRODUCTION FACILITIES
Part B of this worksheet is to be completed by the owner or operator
of an SPCC-regulated oil production facility if the facility meets the
criteria presented in Appendix C to this part, or if it is determined by
the RA that the facility could cause substantial harm. A production
facility consists of all wells (producing and exploratory) and related
equipment in a single geographical oil or gas field operated by a single
operator.
B.1 SINGLE-TANK FACILITIES
B.1.1 For facilities containing only one aboveground oil storage
tank, the worst case discharge planning volume equals the capacity of
the aboveground oil storage tank plus the production volume of the well
with the highest output at the facility. If adequate secondary
containment (sufficiently large to contain the capacity of the
aboveground oil storage tank plus sufficient freeboard to allow for
precipitation) exists for the storage tank, multiply the capacity of the
tank by 0.8.
B.1.2 For facilities with production wells producing by pumping, if
the rate of the well with the highest output is known and the number of
days the facility is unattended can be predicted, then the production
volume is equal to the pumping rate of the well multiplied by the
greatest number of days the facility is unattended.
B.1.3 If the pumping rate of the well with the highest output is
estimated or the maximum number of days the facility is unattended is
estimated, then the production volume is determined from the pumping
rate of the well multiplied by 1.5 times the greatest number of days
that the facility has been or is expected to be unattended.
B.1.4 Attachment D-1 to this appendix provides methods for
calculating the production volume for exploratory wells and production
wells producing under pressure.
(1) FINAL WORST CASE VOLUME: -------- GAL
(2) Do not proceed further.
B.2 SECONDARY CONTAINMENT--MULTIPLE-TANK FACILITIES
Are all aboveground oil storage tanks or groups of aboveground oil
storage tanks at the facility without adequate secondary containment?
------ (Y/N)
B.2.1 If the answer is yes, the final worst case volume equals the
total aboveground oil storage capacity without adequate secondary
containment plus the production volume of the well with the highest
output at the facility.
(1) For facilities with production wells producing by pumping, if
the rate of the well with the highest output is known and the number of
days the facility is unattended can be predicted, then the production
volume is equal to the pumping rate of the well multiplied by the
greatest number of days the facility is unattended.
(2) If the pumping rate of the well with the highest output is
estimated or the maximum number of days the facility is unattended is
estimated, then the production volume is determined from the pumping
rate of the well multiplied by 1.5 times the greatest number of days
that the facility has been or is expected to be unattended.
(3) Attachment D-1 to this appendix provides methods for calculating
the production volumes for exploratory wells and production wells
producing under pressure.
(A) FINAL WORST CASE VOLUME: -------- GAL
(B) Do not proceed further.
[[Page 62]]
B.2.2 If the answer is no, calculate the total aboveground oil
storage capacity of tanks without adequate secondary containment. If all
aboveground oil storage tanks or groups of aboveground oil storage tanks
at the facility have adequate secondary containment, ENTER ``0'' (zero).
-------- GAL
B.2.3 Calculate the capacity of the largest single aboveground oil
storage tank within an adequate secondary containment area or the
combined capacity of a group of aboveground oil storage tanks
permanently manifolded together, whichever is greater, plus the
production volume of the well with the highest output, PLUS THE VOLUME
FROM QUESTION B.2.2. Attachment D-1 provides methods for calculating the
production volumes for exploratory wells and production wells producing
under pressure.
(1) FINAL WORST CASE VOLUME: \4\ -------- GAL
---------------------------------------------------------------------------
\4\ All complexes that are jointly regulated by EPA and the USCG
must also calculate the worst case discharge planning volume for the
transportation-related portions of the facility and plan for whichever
volume is greater.
---------------------------------------------------------------------------
(2) Do not proceed further.
Attachments to Appendix D
Attachment D-I--Methods to Calculate Production Volumes for Production
Facilities With Exploratory Wells or Production Wells Producing Under
Pressure
1.0 Introduction
The owner or operator of a production facility with exploratory
wells or production wells producing under pressure shall compare the
well rate of the highest output well (rate of well), in barrels per day,
to the ability of response equipment and personnel to recover the volume
of oil that could be discharged (rate of recovery), in barrels per day.
The result of this comparison will determine the method used to
calculate the production volume for the production facility. This
production volume is to be used to calculate the worst case discharge
planning volume in part B of this appendix.
2.0 Description of Methods
2.1 Method A
If the well rate would overwhelm the response efforts (i.e., rate of
well/rate of recovery [ge]1), then the production volume would be the
30-day forecasted well rate for a well 10,000 feet deep or less, or the
45-day forecasted well rate for a well deeper than 10,000 feet.
(1) For wells 10,000 feet deep or less:
Production volume=30 days x rate of well.
(2) For wells deeper than 10,000 feet:
Production volume=45 days x rate of well.
2.2 Method B
2.2.1 If the rate of recovery would be greater than the well rate
(i.e., rate of well/rate of recovery <1), then the production volume
would equal the sum of two terms:
Production volume=discharge volume1 + discharge
volume2
2.2.2 The first term represents the volume of the oil discharged
from the well between the time of the blowout and the time the response
resources are on scene and recovering oil (discharge
volume1).
Discharge volume1=(days unattended+days to respond) x (rate
of well)
2.2.3 The second term represents the volume of oil discharged from
the well after the response resources begin operating until the
discharge is stopped, adjusted for the recovery rate of the response
resources (discharge volume2).
(1) For wells 10,000 feet deep or less:
Discharge volume2=[30 days-(days unattended + days to
respond)] x (rate of well) x (rate of well/rate of recovery)
(2) For wells deeper than 10,000 feet:
Discharge volume2=[45 days-(days unattended + days to
respond)] x (rate of well) x (rate of well/rate of recovery)
3.0 Example
3.1 A facility consists of two production wells producing under
pressure, which are both less than 10,000 feet deep. The well rate of
well A is 5 barrels per day, and the well rate of well B is 10 barrels
per day. The facility is unattended for a maximum of 7 days. The
facility operator estimates that it will take 2 days to have response
equipment and personnel on scene and responding to a blowout, and that
the projected rate of recovery will be 20 barrels per day.
(1) First, the facility operator determines that the highest output
well is well B. The facility operator calculates the ratio of the rate
of well to the rate of recovery:
10 barrels per day/20 barrels per day=0.5 Because the ratio is less than
one, the facility operator will use Method B to calculate the production
volume.
(2) The first term of the equation is:
Discharge volume1=(7 days + 2 days) x (10 barrels per day)=90
barrels
(3) The second term of the equation is:
Discharge volume2=[30 days--(7 days + 2 days)] x (10 barrels
per day) x (0.5)=105 barrels
(4) Therefore, the production volume is:
Production volume=90 barrels + 105 barrels=195 barrels
[[Page 63]]
3.2 If the recovery rate was 5 barrels per day, the ratio of rate
of well to rate of recovery would be 2, so the facility operator would
use Method A. The production volume would have been:
30 days x 10 barrels per day=300 barrels
[59 FR 34110, July 1, 1994; 59 FR 49006, Sept. 26, 1994, as amended at
65 FR 40800, June 30, 2000; 67 FR 47152, July 17, 2002]
Appendix E to Part 112--Determination and Evaluation of Required
Response Resources for Facility Response Plans
1.0 Purpose and Definitions
1.1 The purpose of this appendix is to describe the procedures to
identify response resources to meet the requirements of Sec. 112.20. To
identify response resources to meet the facility response plan
requirements of 40 CFR 112.20(h), owners or operators shall follow this
appendix or, where not appropriate, shall clearly demonstrate in the
response plan why use of this appendix is not appropriate at the
facility and make comparable arrangements for response resources.
1.2 Definitions.
1.2.1 Animal fat means a non-petroleum oil, fat, or grease of
animal, fish, or marine mammal origin. Animal fats are further
classified based on specific gravity as follows:
(1) Group A--specific gravity less than 0.8.
(2) Group B--specific gravity equal to or greater than 0.8 and less
than 1.0.
(3) Group C--specific gravity equal to or greater than 1.0.
1.2.2 Nearshore is an operating area defined as extending seaward
12 miles from the boundary lines defined in 46 CFR part 7, except in the
Gulf of Mexico. In the Gulf of Mexico, it means the area extending 12
miles from the line of demarcation (COLREG lines) defined in 49 CFR
80.740 and 80.850.
1.2.3 Non-persistent oils or Group 1 oils include:
(1) A petroleum-based oil that, at the time of shipment, consists of
hydrocarbon fractions:
(A) At least 50 percent of which by volume, distill at a temperature
of 340 degrees C (645 degrees F); and
(B) At least 95 percent of which by volume, distill at a temperature
of 370 degrees C (700 degrees F); and
(2) A non-petroleum oil, other than an animal fat or vegetable oil,
with a specific gravity less than 0.8.
1.2.4 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.
1.2.5 Ocean means the nearshore area.
1.2.6 Operating area means Rivers and Canals, Inland, Nearshore,
and Great Lakes geographic location(s) in which a facility is handling,
storing, or transporting oil.
1.2.7 Operating environment means Rivers and Canals, Inland, Great
Lakes, or Ocean. These terms are used to define the conditions in which
response equipment is designed to function.
1.2.8 Persistent oils include:
(1) A petroleum-based oil that does not meet the distillation
criteria for a non-persistent oil. Persistent oils are further
classified based on specific gravity as follows:
(A) Group 2--specific gravity less than 0.85;
(B) Group 3--specific gravity equal to or greater than 0.85 and less
than 0.95;
(C) Group 4--specific gravity equal to or greater than 0.95 and less
than 1.0; or
(D) Group 5--specific gravity equal to or greater than 1.0.
(2) A non-petroleum oil, other than an animal fat or vegetable oil,
with a specific gravity of 0.8 or greater. These oils are further
classified based on specific gravity as follows:
(A) Group 2--specific gravity equal to or greater than 0.8 and less
than 0.85;
(B) Group 3--specific gravity equal to or greater than 0.85 and less
than 0.95;
(C) Group 4--specific gravity equal to or greater than 0.95 and less
than 1.0; or
(D) Group 5--specific gravity equal to or greater than 1.0.
1.2.9 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. Vegetable oils are further classified
based on specific gravity as follows:
(1) Group A--specific gravity less than 0.8.
(2) Group B--specific gravity equal to or greater than 0.8 and less
than 1.0.
(3) Group C--specific gravity equal to or greater than 1.0.
1.2.10 Other definitions are included in Sec. 112.2, section 1.1 of
Appendix C, and section 3.0 of Appendix F.
2.0 Equipment Operability and Readiness
2.1 All equipment identified in a response plan must be designed to
operate in the conditions expected in the facility's geographic area
(i.e., operating environment). These conditions vary widely based on
location and season. Therefore, it is difficult to identify a single
stockpile of response equipment that will function effectively in each
geographic location (i.e., operating area).
2.2 Facilities handling, storing, or transporting oil in more than
one operating environment as indicated in Table 1 of this appendix must
identify equipment capable of successfully functioning in each operating
environment.
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2.3 When identifying equipment for the response plan (based on the
use of this appendix), a facility owner or operator must consider the
inherent limitations of the operability of equipment components and
response systems. The criteria in Table 1 of this appendix shall be used
to evaluate the operability in a given environment. These criteria
reflect the general conditions in certain operating environments.
2.3.1 The Regional Administrator may require documentation that the
boom identified in a facility response plan meets the criteria in Table
1 of this appendix. Absent acceptable documentation, the Regional
Administrator may require that the boom be tested to demonstrate that it
meets the criteria in Table 1 of this appendix. Testing must be in
accordance with ASTM F 715, ASTM F 989, or other tests approved by EPA
as deemed appropriate (see Appendix E to this part, section 13, for
general availability of documents).
2.4 Table 1 of this appendix lists criteria for oil recovery
devices and boom. All other equipment necessary to sustain or support
response operations in an operating environment must be designed to
function in the same conditions. For example, boats that deploy or
support skimmers or boom must be capable of being safely operated in the
significant wave heights listed for the applicable operating
environment.
2.5 A facility owner or operator shall refer to the applicable Area
Contingency Plan (ACP), where available, to determine if ice, debris,
and weather-related visibility are significant factors to evaluate the
operability of equipment. The ACP may also identify the average
temperature ranges expected in the facility's operating area. All
equipment identified in a response plan must be designed to operate
within those conditions or ranges.
2.6 This appendix provides information on response resource
mobilization and response times. The distance of the facility from the
storage location of the response resources must be used to determine
whether the resources can arrive on-scene within the stated time. A
facility owner or operator shall include the time for notification,
mobilization, and travel of resources identified to meet the medium and
Tier 1 worst case discharge requirements identified in sections 4.3 and
9.3 of this appendix (for medium discharges) and section 5.3 of this
appendix (for worst case discharges). The facility owner or operator
must plan for notification and mobilization of Tier 2 and 3 response
resources as necessary to meet the requirements for arrival on-scene in
accordance with section 5.3 of this appendix. An on-water speed of 5
knots and a land speed of 35 miles per hour is assumed, unless the
facility owner or operator can demonstrate otherwise.
2.7 In identifying equipment, the facility owner or operator shall
list the storage location, quantity, and manufacturer's make and model.
For oil recovery devices, the effective daily recovery capacity, as
determined using section 6 of this appendix, must be included. For boom,
the overall boom height (draft and freeboard) shall be included. A
facility owner or operator is responsible for ensuring that the
identified boom has compatible connectors.
3.0 Determining Response Resources Required for Small Discharges--
Petroleum Oils and Non-Petroleum Oils Other Than Animal Fats and
Vegetable Oils
3.1 A facility owner or operator shall identify sufficient response
resources available, by contract or other approved means as described in
Sec. 112.2, to respond to a small discharge. A small discharge is
defined as any discharge volume less than or equal to 2,100 gallons, but
not to exceed the calculated worst case discharge. The equipment must be
designed to function in the operating environment at the point of
expected use.
3.2 Complexes that are regulated by EPA and the United States Coast
Guard (USCG) must also consider planning quantities for the
transportation-related transfer portion of the facility.
3.2.1 Petroleum oils. The USCG planning level that corresponds to
EPA's ``small discharge'' is termed ``the average most probable
discharge.'' A USCG rule found at 33 CFR 154.1020 defines ``the average
most probable discharge'' as the lesser of 50 barrels (2,100 gallons) or
1 percent of the volume of the worst case discharge. Owners or operators
of complexes that handle, store, or transport petroleum oils must
compare oil discharge volumes for a small discharge and an average most
probable discharge, and plan for whichever quantity is greater.
3.2.2 Non-petroleum oils other than animal fats and vegetable oils.
Owners or operators of complexes that handle, store, or transport non-
petroleum oils other than animal fats and vegetable oils must plan for
oil discharge volumes for a small discharge. There is no USCG planning
level that directly corresponds to EPA's ``small discharge.'' However,
the USCG (at 33 CFR 154.545) has requirements to identify equipment to
contain oil resulting from an operational discharge.
3.3 The response resources shall, as appropriate, include:
3.3.1 One thousand feet of containment boom (or, for complexes with
marine transfer components, 1,000 feet of containment boom or two times
the length of the largest vessel that regularly conducts oil transfers
to or from the facility, whichever is greater), and a means of deploying
it within 1 hour of the discovery of a discharge;
3.3.2 Oil recovery devices with an effective daily recovery
capacityequal to the amount of oil discharged in a small discharge or
greater which is available at the
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facility within 2 hours of the detection of an oil discharge; and
3.3.3 Oil storage capacity for recovered oily material indicated in
section 12.2 of this appendix.
4.0 Determining Response Resources Required for Medium Discharges--
Petroleum Oils and Non-Petroleum Oils Other Than Animal Fats and
Vegetable Oils
4.1 A facility owner or operator shall identify sufficient response
resources available, by contract or other approved means as described in
Sec. 112.2, to respond to a medium discharge of oil for that facility.
This will require response resources capable of containing and
collecting up to 36,000 gallons of oil or 10 percent of the worst case
discharge, whichever is less. All equipment identified must be designed
to operate in the applicable operating environment specified in Table 1
of this appendix.
4.2 Complexes that are regulated by EPA and the USCG must also
consider planning quantities for the transportation-related transfer
portion of the facility.
4.2.1 Petroleum oils. The USCG planning level that corresponds to
EPA's ``medium discharge'' is termed ``the maximum most probable
discharge.'' The USCG rule found at 33 CFR part 154 defines ``the
maximum most probable discharge'' as a discharge of 1,200 barrels
(50,400 gallons) or 10 percent of the worst case discharge, whichever is
less. Owners or operators of complexes that handle, store, or transport
petroleum oils must compare calculated discharge volumes for a medium
discharge and a maximum most probable discharge, and plan for whichever
quantity is greater.
4.2.2 Non-petroleum oils other than animal fats and vegetable oils.
Owners or operators of complexes that handle, store, or transport non-
petroleum oils other than animal fats and vegetable oils must plan for
oil discharge volumes for a medium discharge. For non-petroleum oils,
there is no USCG planning level that directly corresponds to EPA's
``medium discharge.''
4.3 Oil recovery devices identified to meet the applicable medium
discharge volume planning criteria must be located such that they are
capable of arriving on-scene within 6 hours in higher volume port areas
and the Great Lakes and within 12 hours in all other areas. Higher
volume port areas and Great Lakes areas are defined in section 1.1 of
Appendix C to this part.
4.4 Because rapid control, containment, and removal of oil are
critical to reduce discharge impact, the owner or operator must
determine response resources using an effective daily recovery capacity
for oil recovery devices equal to 50 percent of the planning volume
applicable for the facility as determined in section 4.1 of this
appendix. The effective daily recovery capacity for oil recovery devices
identified in the plan must be determined using the criteria in section
6 of this appendix.
4.5 In addition to oil recovery capacity, the plan shall, as
appropriate, identify sufficient quantity of containment boom available,
by contract or other approved means as described in Sec. 112.2, to
arrive within the required response times for oil collection and
containment and for protection of fish and wildlife and sensitive
environments. For further description of fish and wildlife and sensitive
environments, see Appendices I, II, and III to DOC/NOAA's ``Guidance for
Facility and Vessel Response Plans: Fish and Wildlife and Sensitive
Environments'' (see Appendix E to this part, section 13, for
availability) and the applicable ACP. Although 40 CFR part 112 does not
set required quantities of boom for oil collection and containment, the
response plan shall identify and ensure, by contract or other approved
means as described in Sec. 112.2, the availability of the quantity of
boom identified in the plan for this purpose.
4.6 The plan must indicate the availability of temporary storage
capacity to meet section 12.2 of this appendix. If available storage
capacity is insufficient to meet this level, then the effective daily
recovery capacity must be derated (downgraded) to the limits of the
available storage capacity.
4.7 The following is an example of a medium discharge volume
planning calculation for equipment identification in a higher volume
port area: The facility's largest aboveground storage tank volume is
840,000 gallons. Ten percent of this capacity is 84,000 gallons. Because
10 percent of the facility's largest tank, or 84,000 gallons, is greater
than 36,000 gallons, 36,000 gallons is used as the planning volume. The
effective daily recovery capacity is 50 percent of the planning volume,
or 18,000 gallons per day. The ability of oil recovery devices to meet
this capacity must be calculated using the procedures in section 6 of
this appendix. Temporary storage capacity available on-scene must equal
twice the daily recovery capacity as indicated in section 12.2 of this
appendix, or 36,000 gallons per day. This is the information the
facility owner or operator must use to identify and ensure the
availability of the required response resources, by contract or other
approved means as described in Sec. 112.2. The facility owner shall also
identify how much boom is available for use.
5.0 Determining Response Resources Required for the Worst Case
Discharge to the Maximum Extent Practicable
5.1 A facility owner or operator shall identify and ensure the
availability of, by
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contract or other approved means as described in Sec. 112.2, sufficient
response resources to respond to the worst case discharge of oil to the
maximum extent practicable. Sections 7 and 10 of this appendix describe
the method to determine the necessary response resources. Worksheets are
provided as Attachments E-1 and E-2 at the end of this appendix to
simplify the procedures involved in calculating the planning volume for
response resources for the worst case discharge.
5.1 A facility owner or operator shall identify and ensure the
availability of, by contract or other approved means as described in
Sec. 112.2, sufficient response resources to respond to the worst case
discharge of oil to the maximum extent practicable. Sections 7 and 10 of
this appendix describe the method to determine the necessary response
resources. Worksheets are provided as Attachments E-1 and E-2 at the end
of this appendix to simplify the procedures involved in calculating the
planning volume for response resources for the worst case discharge.
5.2 Complexes that are regulated by EPA and the USCG must also
consider planning for the worst case discharge at the transportation-
related portion of the facility. The USCG requires that transportation-
related facility owners or operators use a different calculation for the
worst case discharge in the revisions to 33 CFR part 154. Owners or
operators of complex facilities that are regulated by EPA and the USCG
must compare both calculations of worst case discharge derived by EPA
and the USCG and plan for whichever volume is greater.
5.3 Oil discharge response resources identified in the response
plan and available, by contract or other approved means as described in
Sec. 112.2, to meet the applicable worst case discharge planning volume
must be located such that they are capable of arriving at the scene of a
discharge within the times specified for the applicable response tier
listed as follows
----------------------------------------------------------------------------------------------------------------
Tier 1 (in Tier 2 (in Tier 3 (in
hours) hours) hours)
----------------------------------------------------------------------------------------------------------------
Higher volume port areas................................................. 6 30 54
Great Lakes.............................................................. 12 36 60
All other river and canal, inland, and nearshore areas................... 12 36 60
----------------------------------------------------------------------------------------------------------------
The three levels of response tiers apply to the amount of time in
which facility owners or operators must plan for response resources to
arrive at the scene of a discharge to respond to the worst case
discharge planning volume. For example, at a worst case discharge in an
inland area, the first tier of response resources (i.e., that amount of
on-water and shoreline cleanup capacity necessary to respond to the
fraction of the worst case discharge as indicated through the series of
steps described in sections 7.2 and 7.3 or sections 10.2 and 10.3 of
this appendix) would arrive at the scene of the discharge within 12
hours; the second tier of response resources would arrive within 36
hours; and the third tier of response resources would arrive within 60
hours.
5.4 The effective daily recovery capacity for oil recovery devices
identified in the response plan must be determined using the criteria in
section 6 of this appendix. A facility owner or operator shall identify
the storage locations of all response resources used for each tier. The
owner or operator of a facility whose required daily recovery capacity
exceeds the applicable contracting caps in Table 5 of this appendix
shall, as appropriate, identify sources of additional equipment, their
location, and the arrangements made to obtain this equipment during a
response. The owner or operator of a facility whose calculated planning
volume exceeds the applicable contracting caps in Table 5 of this
appendix shall, as appropriate, identify sources of additional equipment
equal to twice the cap listed in Tier 3 or the amount necessary to reach
the calculated planning volume, whichever is lower. The resources
identified above the cap shall be capable of arriving on-scene not later
than the Tier 3 response times in section 5.3 of this appendix. No
contract is required. While general listings of available response
equipment may be used to identify additional sources (i.e., ``public''
resources vs. ``private'' resources), the response plan shall identify
the specific sources, locations, and quantities of equipment that a
facility owner or operator has considered in his or her planning. When
listing USCG-classified oil spill removal organization(s) that have
sufficient removal capacity to recover the volume above the response
capacity cap for the specific facility, as specified in Table 5 of this
appendix, it is not necessary to list specific quantities of equipment.
5.5 A facility owner or operator shall identify the availability of
temporary storage capacity to meet section 12.2 of this appendix. If
available storage capacity is insufficient, then the effective daily
recovery capacity must be derated (downgraded) to the limits of the
available storage capacity.
5.6 When selecting response resources necessary to meet the
response plan requirements, the facility owner or operator shall, as
appropriate, ensure that a portion of
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those resources is capable of being used in close-to-shore response
activities in shallow water. For any EPA-regulated facility that is
required to plan for response in shallow water, at least 20 percent of
the on-water response equipment identified for the applicable operating
area shall, as appropriate, be capable of operating in water of 6 feet
or less depth.
5.7 In addition to oil spill recovery devices, a facility owner or
operator shall identify sufficient quantities of boom that are
available, by contract or other approved means as described in
Sec. 112.2, to arrive on-scene within the specified response times for
oil containment and collection. The specific quantity of boom required
for collection and containment will depend on the facility-specific
information and response strategies employed. A facility owner or
operator shall, as appropriate, also identify sufficient quantities of
oil containment boom to protect fish and wildlife and sensitive
environments. For further description of fish and wildlife and sensitive
environments, see Appendices I, II, and III to DOC/NOAA's ``Guidance for
Facility and Vessel Response Plans: Fish and Wildlife and Sensitive
Environments'' (see Appendix E to this part, section 13, for
availability), and the applicable ACP. Refer to this guidance document
for the number of days and geographic areas (i.e., operating
environments) specified in Table 2 and Table 6 of this appendix.
5.8 A facility owner or operator shall also identify, by contract
or other approved means as described in Sec. 112.2, the availability of
an oil spill removal organization(s) (as described in Sec. 112.2)
capable of responding to a shoreline cleanup operation involving the
calculated volume of oil and emulsified oil that might impact the
affected shoreline. The volume of oil that shall, as appropriate, be
planned for is calculated through the application of factors contained
in Tables 2, 3, 6, and 7 of this appendix. The volume calculated from
these tables is intended to assist the facility owner or operator to
identify an oil spill removal organization with sufficient resources and
expertise.
6.0 Determining Effective Daily Recovery Capacity for Oil Recovery
Devices
6.1 Oil recovery devices identified by a facility owner or operator
must be identified by the manufacturer, model, and effective daily
recovery capacity. These capacities must be used to determine whether
there is sufficient capacity to meet the applicable planning criteria
for a small discharge, a medium discharge, and a worst case discharge to
the maximum extent practicable.
6.2 To determine the effective daily recovery capacity of oil
recovery devices, the formula listed in section 6.2.1 of this appendix
shall be used. This formula considers potential limitations due to
available daylight, weather, sea state, and percentage of emulsified oil
in the recovered material. The RA may assign a lower efficiency factor
to equipment listed in a response plan if it is determined that such a
reduction is warranted.
6.2.1 The following formula shall be used to calculate the
effective daily recovery capacity:
R = T x 24 hours x E
where:
R--Effective daily recovery capacity;
T--Throughput rate in barrels per hour (nameplate capacity); and
E--20 percent efficiency factor (or lower factor as determined by the
Regional Administrator).
6.2.2 For those devices in which the pump limits the throughput of
liquid, throughput rate shall be calculated using the pump capacity.
6.2.3 For belt or moptype devices, the throughput rate shall be
calculated using the speed of the belt or mop through the device,
assumed thickness of oil adhering to or collected by the device, and
surface area of the belt or mop. For purposes of this calculation, the
assumed thickness of oil will be \1/4\ inch.
6.2.4 Facility owners or operators that include oil recovery
devices whose throughput is not measurable using a pump capacity or
belt/mop speed may provide information to support an alternative method
of calculation. This information must be submitted following the
procedures in section 6.3.2 of this appendix.
6.3 As an alternative to section 6.2 of this appendix, a facility
owner or operator may submit adequate evidence that a different
effective daily recovery capacity should be applied for a specific oil
recovery device. Adequate evidence is actual verified performance data
in discharge conditions or tests using American Society of Testing and
Materials (ASTM) Standard F 631-99, F 808-83 (1999), or an equivalent
test approved by EPA as deemed appropriate (see Appendix E to this part,
section 13, for general availability of documents).
6.3.1 The following formula must be used to calculate the effective
daily recovery capacity under this alternative:
R = D x U
where:
R--Effective daily recovery capacity;
D--Average Oil Recovery Rate in barrels per hour (Item 26 in F 808-83;
Item 13.2.16 in F 631-99; or actual performance data); and
U--Hours per day that equipment can operate under discharge conditions.
Ten hours per day must be used unless a facility owner or operator can
demonstrate that the recovery operation can be sustained for longer
periods.
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6.3.2 A facility owner or operator submitting a response plan shall
provide data that supports the effective daily recovery capacities for
the oil recovery devices listed. The following is an example of these
calculations:
(1) A weir skimmer identified in a response plan has a
manufacturer's rated throughput at the pump of 267 gallons per minute
(gpm).
267 gpm=381 barrels per hour (bph)
R=381 bphx24 hr/dayx0.2=1,829 barrels per day
(2) After testing using ASTM procedures, the skimmer's oil recovery
rate is determined to be 220 gpm. The facility owner or operator
identifies sufficient resources available to support operations for 12
hours per day.
220 gpm=314 bph
R=314 bphx12 hr/day=3,768 barrels per day
(3) The facility owner or operator will be able to use the higher
capacity if sufficient temporary oil storage capacity is available.
Determination of alternative efficiency factors under section 6.2 of
this appendix or the acceptability of an alternative effective daily
recovery capacity under section 6.3 of this appendix will be made by the
Regional Administrator as deemed appropriate.
7.0 Calculating Planning Volumes for a Worst Case Discharge--Petroleum
Oils and Non-Petroleum Oils Other Than Animal Fats and Vegetable Oils
7.1 A facility owner or operator shall plan for a response to the
facility's worst case discharge. The planning for on-water oil recovery
must take into account a loss of some oil to the environment due to
evaporative and natural dissipation, potential increases in volume due
to emulsification, and the potential for deposition of oil on the
shoreline. The procedures for non-petroleum oils other than animal fats
and vegetable oils are discussed in section 7.7 of this appendix.
7.2 The following procedures must be used by a facility owner or
operator in determining the required on-water oil recovery capacity:
7.2.1 The following must be determined: the worst case discharge
volume of oil in the facility; the appropriate group(s) for the types of
oil handled, stored, or transported at the facility [persistent (Groups
2, 3, 4, 5) or non-persistent (Group 1)]; and the facility's specific
operating area. See sections 1.2.3 and 1.2.8 of this appendix for the
definitions of non-persistent and persistent oils, respectively.
Facilities that handle, store, or transport oil from different oil
groups must calculate each group separately, unless the oil group
constitutes 10 percent or less by volume of the facility's total oil
storage capacity. This information is to be used with Table 2 of this
appendix to determine the percentages of the total volume to be used for
removal capacity planning. Table 2 of this appendix divides the volume
into three categories: oil lost to the environment; oil deposited on the
shoreline; and oil available for on-water recovery.
7.2.2 The on-water oil recovery volume shall, as appropriate, be
adjusted using the appropriate emulsification factor found in Table 3 of
this appendix. Facilities that handle, store, or transport oil from
different petroleum groups must compare the on-water recovery volume for
each oil group (unless the oil group constitutes 10 percent or less by
volume of the facility's total storage capacity) and use the calculation
that results in the largest on-water oil recovery volume to plan for the
amount of response resources for a worst case discharge.
7.2.3 The adjusted volume is multiplied by the on-water oil
recovery resource mobilization factor found in Table 4 of this appendix
from the appropriate operating area and response tier to determine the
total on-water oil recovery capacity in barrels per day that must be
identified or contracted to arrive on-scene within the applicable time
for each response tier. Three tiers are specified. For higher volume
port areas, the contracted tiers of resources must be located such that
they are capable of arriving on-scene within 6 hours for Tier 1, 30
hours for Tier 2, and 54 hours for Tier 3 of the discovery of an oil
discharge. For all other rivers and canals, inland, nearshore areas, and
the Great Lakes, these tiers are 12, 36, and 60 hours.
7.2.4 The resulting on-water oil recovery capacity in barrels per
day for each tier is used to identify response resources necessary to
sustain operations in the applicable operating area. The equipment shall
be capable of sustaining operations for the time period specified in
Table 2 of this appendix. The facility owner or operator shall identify
and ensure the availability, by contract or other approved means as
described in Sec. 112.2, of sufficient oil spill recovery devices to
provide the effective daily oil recovery capacity required. If the
required capacity exceeds the applicable cap specified in Table 5 of
this appendix, then a facility owner or operator shall ensure, by
contract or other approved means as described in Sec. 112.2, only for
the quantity of resources required to meet the cap, but shall identify
sources of additional resources as indicated in section 5.4 of this
appendix. The owner or operator of a facility whose planning volume
exceeded the cap in 1993 must make arrangements to identify and ensure
the availability, by contract or other approved means as described in
Sec. 112.2, for additional capacity to be under contract by 1998 or
2003, as appropriate. For a facility that handles multiple groups of
oil, the required effective daily recovery capacity for each oil group
is calculated before applying the cap. The oil group calculation
resulting in the largest on-water recovery volume
[[Page 69]]
must be used to plan for the amount of response resources for a worst
case discharge, unless the oil group comprises 10 percent or less by
volume of the facility's total oil storage capacity.
7.3 The procedures discussed in sections 7.3.1-7.3.3 of this
appendix must be used to calculate the planning volume for identifying
shoreline cleanup capacity (for Group 1 through Group 4 oils).
7.3.1 The following must be determined: the worst case discharge
volume of oil for the facility; the appropriate group(s) for the types
of oil handled, stored, or transported at the facility [persistent
(Groups 2, 3, or 4) or non-persistent (Group 1)]; and the geographic
area(s) in which the facility operates (i.e., operating areas). For a
facility handling, storing, or transporting oil from different groups,
each group must be calculated separately. Using this information, Table
2 of this appendix must be used to determine the percentages of the
total volume to be used for shoreline cleanup resource planning.
7.3.2 The shoreline cleanup planning volume must be adjusted to
reflect an emulsification factor using the same procedure as described
in section 7.2.2 of this appendix.
7.3.3 The resulting volume shall be used to identify an oil spill
removal organization with the appropriate shoreline cleanup capability.
7.4 A response plan must identify response resources with fire
fighting capability. The owner or operator of a facility that handles,
stores, or transports Group 1 through Group 4 oils that does not have
adequate fire fighting resources located at the facility or that cannot
rely on sufficient local fire fighting resources must identify adequate
fire fighting resources. The facility owner or operator shall ensure, by
contract or other approved means as described in Sec. 112.2, the
availability of these resources. The response plan must also identify an
individual located at the facility to work with the fire department for
Group 1 through Group 4 oil fires. This individual shall also verify
that sufficient well-trained fire fighting resources are available
within a reasonable response time to a worst case scenario. The
individual may be the qualified individual identified in the response
plan or another appropriate individual located at the facility.
7.5 The following is an example of the procedure described above in
sections 7.2 and 7.3 of this appendix: A facility with a 270,000 barrel
(11.3 million gallons) capacity for 6 oil (specific gravity
0.96) is located in a higher volume port area. The facility is on a
peninsula and has docks on both the ocean and bay sides. The facility
has four aboveground oil storage tanks with a combined total capacity of
80,000 barrels (3.36 million gallons) and no secondary containment. The
remaining facility tanks are inside secondary containment structures.
The largest aboveground oil storage tank (90,000 barrels or 3.78 million
gallons) has its own secondary containment. Two 50,000 barrel (2.1
million gallon) tanks (that are not connected by a manifold) are within
a common secondary containment tank area, which is capable of holding
100,000 barrels (4.2 million gallons) plus sufficient freeboard.
7.5.1 The worst case discharge for the facility is calculated by
adding the capacity of all aboveground oil storage tanks without
secondary containment (80,000 barrels) plus the capacity of the largest
aboveground oil storage tank inside secondary containment. The resulting
worst case discharge volume is 170,000 barrels or 7.14 million gallons.
7.5.2 Because the requirements for Tiers 1, 2, and 3 for inland and
nearshore exceed the caps identified in Table 5 of this appendix, the
facility owner will contract for a response to 10,000 barrels per day
(bpd) for Tier 1, 20,000 bpd for Tier 2, and 40,000 bpd for Tier 3.
Resources for the remaining 7,850 bpd for Tier 1, 9,750 bpd for Tier 2,
and 7,600 bpd for Tier 3 shall be identified but need not be contracted
for in advance. The facility owner or operator shall, as appropriate,
also identify or contract for quantities of boom identified in their
response plan for the protection of fish and wildlife and sensitive
environments within the area potentially impacted by a worst case
discharge from the facility. For further description of fish and
wildlife and sensitive environments, see Appendices I, II, and III to
DOC/NOAA's ``Guidance for Facility and Vessel Response Plans: Fish and
Wildlife and Sensitive Environments,'' (see Appendix E to this part,
section 13, for availability) and the applicable ACP. Attachment C-III
to Appendix C provides a method for calculating a planning distance to
fish and wildlife and sensitive environments and public drinking water
intakes that may be impacted in the event of a worst case discharge.
7.6 The procedures discussed in sections 7.6.1-7.6.3 of this
appendix must be used to determine appropriate response resources for
facilities with Group 5 oils.
7.6.1 The owner or operator of a facility that handles, stores, or
transports Group 5 oils shall, as appropriate, identify the response
resources available by contract or other approved means, as described in
Sec. 112.2. The equipment identified in a response plan shall, as
appropriate, include:
(1) Sonar, sampling equipment, or other methods for locating the oil
on the bottom or suspended in the water column;
(2) Containment boom, sorbent boom, silt curtains, or other methods
for containing the oil that may remain floating on the surface or to
reduce spreading on the bottom;
(3) Dredges, pumps, or other equipment necessary to recover oil from
the bottom and shoreline;
[[Page 70]]
(4) Equipment necessary to assess the impact of such discharges; and
(5) Other appropriate equipment necessary to respond to a discharge
involving the type of oil handled, stored,, or transported.
7.6.2 Response resources identified in a response plan for a
facility that handles, stores, or transports Group 5 oils under section
7.6.1 of this appendix shall be capable of being deployed (on site)
within 24 hours of discovery of a discharge to the area where the
facility is operating.
7.6.3 A response plan must identify response resources with fire
fighting capability. The owner or operator of a facility that handles,
stores, or transports Group 5 oils that does not have adequate fire
fighting resources located at the facility or that cannot rely on
sufficient local fire fighting resources must identify adequate fire
fighting resources. The facility owner or operator shall ensure, by
contract or other approved means as described in Sec. 112.2, the
availability of these resources. The response plan shall also identify
an individual located at the facility to work with the fire department
for Group 5 oil fires. This individual shall also verify that sufficient
well-trained fire fighting resources are available within a reasonable
response time to respond to a worst case discharge. The individual may
be the qualified individual identified in the response plan or another
appropriate individual located at the facility.
7.7 Non-petroleum oils other than animal fats and vegetable oils.
The procedures described in sections 7.7.1 through 7.7.5 of this
appendix must be used to determine appropriate response plan development
and evaluation criteria for facilities that handle, store, or transport
non-petroleum oils other than animal fats and vegetable oils. Refer to
section 11 of this appendix for information on the limitations on the
use of chemical agents for inland and nearshore areas.
7.7.1 An owner or operator of a facility that handles, stores, or
transports non-petroleum oils other than animal fats and vegetable oils
must provide information in his or her plan that identifies:
(1) Procedures and strategies for responding to a worst case
discharge to the maximum extent practicable; and
(2) Sources of the equipment and supplies necessary to locate,
recover, and mitigate such a discharge.
7.7.2 An owner or operator of a facility that handles, stores, or
transports non-petroleum oils other than animal fats and vegetable oils
must ensure that any equipment identified in a response plan is capable
of operating in the conditions expected in the geographic area(s) (i.e.,
operating environments) in which the facility operates using the
criteria in Table 1 of this appendix. When evaluating the operability of
equipment, the facility owner or operator must consider limitations that
are identified in the appropriate ACPs, including:
(1) Ice conditions;
(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
7.7.3 The owner or operator of a facility that handles, stores, or
transports non-petroleum oils other than animal fats and vegetable oils
must identify the response resources that are available by contract or
other approved means, as described in Sec. 112.2. The equipment
described in the response plan shall, as appropriate, include:
(1) Containment boom, sorbent boom, or other methods for containing
oil floating on the surface or to protect shorelines from impact;
(2) Oil recovery devices appropriate for the type of non-petroleum
oil carried; and
(3) Other appropriate equipment necessary to respond to a discharge
involving the type of oil carried.
7.7.4 Response resources identified in a response plan according to
section 7.7.3 of this appendix must be capable of commencing an
effective on-scene response within the applicable tier response times in
section 5.3 of this appendix.
7.7.5 A response plan must identify response resources with fire
fighting capability. The owner or operator of a facility that handles,
stores, or transports non-petroleum oils other than animal fats and
vegetable oils that does not have adequate fire fighting resources
located at the facility or that cannot rely on sufficient local fire
fighting resources must identify adequate fire fighting resources. The
owner or operator shall ensure, by contract or other approved means as
described in Sec. 112.2, the availability of these resources. The
response plan must also identify an individual located at the facility
to work with the fire department for fires of these oils. This
individual shall also verify that sufficient well-trained fire fighting
resources are available within a reasonable response time to a worst
case scenario. The individual may be the qualified individual identified
in the response plan or another appropriate individual located at the
facility.
8.0 Determining Response Resources Required for Small Discharges--
Animal Fats and Vegetable Oils
8.1 A facility owner or operator shall identify sufficient response
resources available, by contract or other approved means as described in
Sec. 112.2, to respond to a small discharge of animal fats or vegetable
oils. A small discharge is defined as any discharge volume less than or
equal to 2,100 gallons, but not to exceed the calculated worst case
discharge. The equipment must be designed to function in the operating
environment at the point of expected use.
[[Page 71]]
8.2 Complexes that are regulated by EPA and the USCG must also
consider planning quantities for the marine transportation-related
portion of the facility.
8.2.1 The USCG planning level that corresponds to EPA's ``small
discharge'' is termed ``the average most probable discharge.'' A USCG
rule found at 33 CFR 154.1020 defines ``the average most probable
discharge'' as the lesser of 50 barrels (2,100 gallons) or 1 percent of
the volume of the worst case discharge. Owners or operators of complexes
that handle, store, or transport animal fats and vegetable oils must
compare oil discharge volumes for a small discharge and an average most
probable discharge, and plan for whichever quantity is greater.
8.3 The response resources shall, as appropriate, include:
8.3.1 One thousand feet of containment boom (or, for complexes with
marine transfer components, 1,000 feet of containment boom or two times
the length of the largest vessel that regularly conducts oil transfers
to or from the facility, whichever is greater), and a means of deploying
it within 1 hour of the discovery of a discharge;
8.3.2 Oil recovery devices with an effective daily recovery
capacity equal to the amount of oil discharged in a small discharge or
greater which is available at the facility within 2 hours of the
detection of a discharge; and
8.3.3 Oil storage capacity for recovered oily material indicated in
section 12.2 of this appendix.
9.0 Determining Response Resources Required for Medium Discharges--
Animal Fats and Vegetable Oils
9.1 A facility owner or operator shall identify sufficient response
resources available, by contract or other approved means as described in
Sec. 112.2, to respond to a medium discharge of animal fats or vegetable
oils for that facility. This will require response resources capable of
containing and collecting up to 36,000 gallons of oil or 10 percent of
the worst case discharge, whichever is less. All equipment identified
must be designed to operate in the applicable operating environment
specified in Table 1 of this appendix.
9.2 Complexes that are regulated by EPA and the USCG must also
consider planning quantities for the transportation-related transfer
portion of the facility. Owners or operators of complexes that handle,
store, or transport animal fats or vegetable oils must plan for oil
discharge volumes for a medium discharge. For non-petroleum oils, there
is no USCG planning level that directly corresponds to EPA's ``medium
discharge.'' Although the USCG does not have planning requirements for
medium discharges, they do have requirements (at 33 CFR 154.545) to
identify equipment to contain oil resulting from an operational
discharge.
9.3 Oil recovery devices identified to meet the applicable medium
discharge volume planning criteria must be located such that they are
capable of arriving on-scene within 6 hours in higher volume port areas
and the Great Lakes and within 12 hours in all other areas. Higher
volume port areas and Great Lakes areas are defined in section 1.1 of
Appendix C to this part.
9.4 Because rapid control, containment, and removal of oil are
critical to reduce discharge impact, the owner or operator must
determine response resources using an effective daily recovery capacity
for oil recovery devices equal to 50 percent of the planning volume
applicable for the facility as determined in section 9.1 of this
appendix. The effective daily recovery capacity for oil recovery devices
identified in the plan must be determined using the criteria in section
6 of this appendix.
9.5 In addition to oil recovery capacity, the plan shall, as
appropriate, identify sufficient quantity of containment boom available,
by contract or other approved means as described in Sec. 112.2, to
arrive within the required response times for oil collection and
containment and for protection of fish and wildlife and sensitive
environments. For further description of fish and wildlife and sensitive
environments, see Appendices I, II, and III to DOC/NOAA's ``Guidance for
Facility and Vessel Response Plans: Fish and Wildlife and Sensitive
Environments'' (59 FR 14713-22, March 29, 1994) and the applicable ACP.
Although 40 CFR part 112 does not set required quantities of boom for
oil collection and containment, the response plan shall identify and
ensure, by contract or other approved means as described in Sec. 112.2,
the availability of the quantity of boom identified in the plan for this
purpose.
9.6 The plan must indicate the availability of temporary storage
capacity to meet section 12.2 of this appendix. If available storage
capacity is insufficient to meet this level, then the effective daily
recovery capacity must be derated (downgraded) to the limits of the
available storage capacity.
9.7 The following is an example of a medium discharge volume
planning calculation for equipment identification in a higher volume
port area:
The facility's largest aboveground storage tank volume is 840,000
gallons. Ten percent of this capacity is 84,000 gallons. Because 10
percent of the facility's largest tank, or 84,000 gallons, is greater
than 36,000 gallons, 36,000 gallons is used as the planning volume. The
effective daily recovery capacity is 50 percent of the planning volume,
or 18,000 gallons per day. The ability of oil recovery devices to meet
this capacity must be calculated using the procedures in section 6 of
this appendix. Temporary storage capacity available on-scene must equal
twice the
[[Page 72]]
daily recovery capacity as indicated in section 12.2 of this appendix,
or 36,000 gallons per day. This is the information the facility owner or
operator must use to identify and ensure the availability of the
required response resources, by contract or other approved means as
described in Sec. 112.2. The facility owner shall also identify how much
boom is available for use.
10.0 Calculating Planning Volumes for a Worst Case Discharge--Animal
Fats and Vegetable Oils.
10.1 A facility owner or operator shall plan for a response to the
facility's worst case discharge. The planning for on-water oil recovery
must take into account a loss of some oil to the environment due to
physical, chemical, and biological processes, potential increases in
volume due to emulsification, and the potential for deposition of oil on
the shoreline or on sediments. The response planning procedures for
animal fats and vegetable oils are discussed in section 10.7 of this
appendix. You may use alternate response planning procedures for animal
fats and vegetable oils if those procedures result in environmental
protection equivalent to that provided by the procedures in section 10.7
of this appendix.
10.2 The following procedures must be used by a facility owner or
operator in determining the required on-water oil recovery capacity:
10.2.1 The following must be determined: the worst case discharge
volume of oil in the facility; the appropriate group(s) for the types of
oil handled, stored, or transported at the facility (Groups A, B, C);
and the facility's specific operating area. See sections 1.2.1 and 1.2.9
of this appendix for the definitions of animal fats and vegetable oils
and groups thereof. Facilities that handle, store, or transport oil from
different oil groups must calculate each group separately, unless the
oil group constitutes 10 percent or less by volume of the facility's
total oil storage capacity. This information is to be used with Table 6
of this appendix to determine the percentages of the total volume to be
used for removal capacity planning. Table 6 of this appendix divides the
volume into three categories: oil lost to the environment; oil deposited
on the shoreline; and oil available for on-water recovery.
10.2.2 The on-water oil recovery volume shall, as appropriate, be
adjusted using the appropriate emulsification factor found in Table 7 of
this appendix. Facilities that handle, store, or transport oil from
different groups must compare the on-water recovery volume for each oil
group (unless the oil group constitutes 10 percent or less by volume of
the facility's total storage capacity) and use the calculation that
results in the largest on-water oil recovery volume to plan for the
amount of response resources for a worst case discharge.
10.2.3 The adjusted volume is multiplied by the on-water oil
recovery resource mobilization factor found in Table 4 of this appendix
from the appropriate operating area and response tier to determine the
total on-water oil recovery capacity in barrels per day that must be
identified or contracted to arrive on-scene within the applicable time
for each response tier. Three tiers are specified. For higher volume
port areas, the contracted tiers of resources must be located such that
they are capable of arriving on-scene within 6 hours for Tier 1, 30
hours for Tier 2, and 54 hours for Tier 3 of the discovery of a
discharge. For all other rivers and canals, inland, nearshore areas, and
the Great Lakes, these tiers are 12, 36, and 60 hours.
10.2.4 The resulting on-water oil recovery capacity in barrels per
day for each tier is used to identify response resources necessary to
sustain operations in the applicable operating area. The equipment shall
be capable of sustaining operations for the time period specified in
Table 6 of this appendix. The facility owner or operator shall identify
and ensure, by contract or other approved means as described in
Sec. 112.2, the availability of sufficient oil spill recovery devices to
provide the effective daily oil recovery capacity required. If the
required capacity exceeds the applicable cap specified in Table 5 of
this appendix, then a facility owner or operator shall ensure, by
contract or other approved means as described in Sec. 112.2, only for
the quantity of resources required to meet the cap, but shall identify
sources of additional resources as indicated in section 5.4 of this
appendix. The owner or operator of a facility whose planning volume
exceeded the cap in 1998 must make arrangements to identify and ensure,
by contract or other approved means as described in Sec. 112.2, the
availability of additional capacity to be under contract by 2003, as
appropriate. For a facility that handles multiple groups of oil, the
required effective daily recovery capacity for each oil group is
calculated before applying the cap. The oil group calculation resulting
in the largest on-water recovery volume must be used to plan for the
amount of response resources for a worst case discharge, unless the oil
group comprises 10 percent or less by volume of the facility's oil
storage capacity.
10.3 The procedures discussed in sections 10.3.1 through 10.3.3 of
this appendix must be used to calculate the planning volume for
identifying shoreline cleanup capacity (for Groups A and B oils).
10.3.1 The following must be determined: the worst case discharge
volume of oil for the facility; the appropriate group(s) for the types
of oil handled, stored, or transported at the facility (Groups A or B);
and the geographic area(s) in which the facility operates
[[Page 73]]
(i.e., operating areas). For a facility handling, storing, or
transporting oil from different groups, each group must be calculated
separately. Using this information, Table 6 of this appendix must be
used to determine the percentages of the total volume to be used for
shoreline cleanup resource planning.
10.3.2 The shoreline cleanup planning volume must be adjusted to
reflect an emulsification factor using the same procedure as described
in section 10.2.2 of this appendix.
10.3.3 The resulting volume shall be used to identify an oil spill
removal organization with the appropriate shoreline cleanup capability.
10.4 A response plan must identify response resources with fire
fighting capability appropriate for the risk of fire and explosion at
the facility from the discharge or threat of discharge of oil. The owner
or operator of a facility that handles, stores, or transports Group A or
B oils that does not have adequate fire fighting resources located at
the facility or that cannot rely on sufficient local fire fighting
resources must identify adequate fire fighting resources. The facility
owner or operator shall ensure, by contract or other approved means as
described in Sec. 112.2, the availability of these resources. The
response plan must also identify an individual to work with the fire
department for Group A or B oil fires. This individual shall also verify
that sufficient well-trained fire fighting resources are available
within a reasonable response time to a worst case scenario. The
individual may be the qualified individual identified in the response
plan or another appropriate individual located at the facility.
10.5 The following is an example of the procedure described in
sections 10.2 and 10.3 of this appendix. A facility with a 37.04 million
gallon (881,904 barrel) capacity of several types of vegetable oils is
located in the Inland Operating Area. The vegetable oil with the highest
specific gravity stored at the facility is soybean oil (specific gravity
0.922, Group B vegetable oil). The facility has ten aboveground oil
storage tanks with a combined total capacity of 18 million gallons
(428,571 barrels) and without secondary containment. The remaining
facility tanks are inside secondary containment structures. The largest
aboveground oil storage tank (3 million gallons or 71,428 barrels) has
its own secondary containment. Two 2.1 million gallon (50,000 barrel)
tanks (that are not connected by a manifold) are within a common
secondary containment tank area, which is capable of holding 4.2 million
gallons (100,000 barrels) plus sufficient freeboard.
10.5.1 The worst case discharge for the facility is calculated by
adding the capacity of all aboveground vegetable oil storage tanks
without secondary containment (18.0 million gallons) plus the capacity
of the largest aboveground storage tank inside secondary containment
(3.0 million gallons). The resulting worst case discharge is 21 million
gallons or 500,000 barrels.
10.5.2 With a specific worst case discharge identified, the
planning volume for on-water recovery can be identified as follows:
Worst case discharge: 21 million gallons (500,000 barrels) of Group B
vegetable oil
Operating Area: Inland
Planned percent recovered floating vegetable oil (from Table 6, column
Nearshore/Inland/Great Lakes): Inland, Group B is 20%
Emulsion factor (from Table 7): 2.0
Planning volumes for on-water recovery: 21,000,000 gallons x 0.2 x 2.0 =
8,400,000 gallons or 200,000 barrels.
Determine required resources for on-water recovery for each of the three
tiers using mobilization factors (from Table 4, column Inland/Nearshore/
Great Lakes)
------------------------------------------------------------------------
Inland Operating Area Tier 1 Tier 2 Tier 3
------------------------------------------------------------------------
Mobilization factor by which you multiply .15 .25 .40
planning volume..........................
Estimated Daily Recovery Capacity (bbls).. 30,000 50,000 80,000
------------------------------------------------------------------------
10.5.3 Because the requirements for On-Water Recovery Resources for
Tiers 1, 2, and 3 for Inland Operating Area exceed the caps identified
in Table 5 of this appendix, the facility owner will contract for a
response of 12,500 barrels per day (bpd) for Tier 1, 25,000 bpd for Tier
2, and 50,000 bpd for Tier 3. Resources for the remaining 17,500 bpd for
Tier 1, 25,000 bpd for Tier 2, and 30,000 bpd for Tier 3 shall be
identified but need not be contracted for in advance.
10.5.4 With the specific worst case discharge identified, the
planning volume of onshore recovery can be identified as follows:
Worst case discharge: 21 million gallons (500,000 barrels) of Group B
vegetable oil
Operating Area: Inland
Planned percent recovered floating vegetable oil from onshore (from
Table 6, column Nearshore/Inland/Great Lakes): Inland, Group B
is 65%
Emulsion factor (from Table 7): 2.0
Planning volumes for shoreline recovery:
21,000,000 gallons x 0.65 x 2.0 = 27,300,000 gallons or 650,000 barrels
10.5.5 The facility owner or operator shall, as appropriate, also
identify or contract for quantities of boom identified in the response
plan for the protection of fish and wildlife
[[Page 74]]
and sensitive environments within the area potentially impacted by a
worst case discharge from the facility. For further description of fish
and wildlife and sensitive environments, see Appendices I, II, and III
to DOC/NOAA's ``Guidance for Facility and Vessel Response Plans: Fish
and Wildlife and Sensitive Environments,'' (see Appendix E to this part,
section 13, for availability) and the applicable ACP. Attachment C-III
to Appendix C provides a method for calculating a planning distance to
fish and wildlife and sensitive environments and public drinking water
intakes that may be adversely affected in the event of a worst case
discharge.
10.6 The procedures discussed in sections 10.6.1 through 10.6.3 of
this appendix must be used to determine appropriate response resources
for facilities with Group C oils.
10.6.1 The owner or operator of a facility that handles, stores, or
transports Group C oils shall, as appropriate, identify the response
resources available by contract or other approved means, as described in
Sec. 112.2. The equipment identified in a response plan shall, as
appropriate, include:
(1) Sonar, sampling equipment, or other methods for locating the oil
on the bottom or suspended in the water column;
(2) Containment boom, sorbent boom, silt curtains, or other methods
for containing the oil that may remain floating on the surface or to
reduce spreading on the bottom;
(3) Dredges, pumps, or other equipment necessary to recover oil from
the bottom and shoreline;
(4) Equipment necessary to assess the impact of such discharges; and
(5) Other appropriate equipment necessary to respond to a discharge
involving the type of oil handled, stored, or transported.
10.6.2 Response resources identified in a response plan for a
facility that handles, stores, or transports Group C oils under section
10.6.1 of this appendix shall be capable of being deployed on scene
within 24 hours of discovery of a discharge.
10.6.3 A response plan must identify response resources with fire
fighting capability. The owner or operator of a facility that handles,
stores, or transports Group C oils that does not have adequate fire
fighting resources located at the facility or that cannot rely on
sufficient local fire fighting resources must identify adequate fire
fighting resources. The owner or operator shall ensure, by contract or
other approved means as described in Sec. 112.2, the availability of
these resources. The response plan shall also identify an individual
located at the facility to work with the fire department for Group C oil
fires. This individual shall also verify that sufficient well-trained
fire fighting resources are available within a reasonable response time
to respond to a worst case discharge. The individual may be the
qualified individual identified in the response plan or another
appropriate individual located at the facility.
10.7 The procedures described in sections 10.7.1 through 10.7.5 of
this appendix must be used to determine appropriate response plan
development and evaluation criteria for facilities that handle, store,
or transport animal fats and vegetable oils. Refer to section 11 of this
appendix for information on the limitations on the use of chemical
agents for inland and nearshore areas.
10.7.1 An owner or operator of a facility that handles, stores, or
transports animal fats and vegetable oils must provide information in
the response plan that identifies:
(1) Procedures and strategies for responding to a worst case
discharge of animal fats and vegetable oils to the maximum extent
practicable; and
(2) Sources of the equipment and supplies necessary to locate,
recover, and mitigate such a discharge.
10.7.2 An owner or operator of a facility that handles, stores, or
transports animal fats and vegetable oils must ensure that any equipment
identified in a response plan is capable of operating in the geographic
area(s) (i.e., operating environments) in which the facility operates
using the criteria in Table 1 of this appendix. When evaluating the
operability of equipment, the facility owner or operator must consider
limitations that are identified in the appropriate ACPs, including:
(1) Ice conditions;
(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
10.7.3. The owner or operator of a facility that handles, stores,
or transports animal fats and vegetable oils must identify the response
resources that are available by contract or other approved means, as
described in Sec. 112.2. The equipment described in the response plan
shall, as appropriate, include:
(1) Containment boom, sorbent boom, or other methods for containing
oil floating on the surface or to protect shorelines from impact;
(2) Oil recovery devices appropriate for the type of animal fat or
vegetable oil carried; and
(3) Other appropriate equipment necessary to respond to a discharge
involving the type of oil carried.
10.7.4 Response resources identified in a response plan according
to section 10.7.3 of this appendix must be capable of commencing an
effective on-scene response within the applicable tier response times in
section 5.3 of this appendix.
10.7.5 A response plan must identify response resources with fire
fighting capability. The owner or operator of a facility that handles,
stores, or transports animal fats and vegetable oils that does not have
adequate fire fighting resources located at
[[Page 75]]
the facility or that cannot rely on sufficient local fire fighting
resources must identify adequate fire fighting resources. The owner or
operator shall ensure, by contract or other approved means as described
in Sec. 112.2, the availability of these resources. The response plan
shall also identify an individual located at the facility to work with
the fire department for animal fat and vegetable oil fires. This
individual shall also verify that sufficient well-trained fire fighting
resources are available within a reasonable response time to respond to
a worst case discharge. The individual may be the qualified individual
identified in the response plan or another appropriate individual
located at the facility.
11.0 Determining the Availability of Alternative Response Methods
11.1 For chemical agents to be identified in a response plan, they
must be on the NCP Product Schedule that is maintained by EPA. (Some
States have a list of approved dispersants for use within State waters.
Not all of these State-approved dispersants are listed on the NCP
Product Schedule.)
11.2 Identification of chemical agents in the plan does not imply
that their use will be authorized. Actual authorization will be governed
by the provisions of the NCP and the applicable ACP.
12.0 Additional Equipment Necessary to Sustain Response Operations
12.1 A facility owner or operator shall identify sufficient
response resources available, by contract or other approved means as
described in Sec. 112.2, to respond to a medium discharge of animal fats
or vegetables oils for that facility. This will require response
resources capable of containing and collecting up to 36,000 gallons of
oil or 10 percent of the worst case discharge, whichever is less. All
equipment identified must be designed to operate in the applicable
operating environment specified in Table 1 of this appendix.
12.2 A facility owner or operator shall evaluate the availability
of adequate temporary storage capacity to sustain the effective daily
recovery capacities from equipment identified in the plan. Because of
the inefficiencies of oil spill recovery devices, response plans must
identify daily storage capacity equivalent to twice the effective daily
recovery capacity required on-scene. This temporary storage capacity may
be reduced if a facility owner or operator can demonstrate by waste
stream analysis that the efficiencies of the oil recovery devices,
ability to decant waste, or the availability of alternative temporary
storage or disposal locations will reduce the overall volume of oily
material storage.
12.3 A facility owner or operator shall ensure that response
planning includes the capability to arrange for disposal of recovered
oil products. Specific disposal procedures will be addressed in the
applicable ACP.
13.0 References and Availability
13.1 All materials listed in this section are part of EPA's
rulemaking docket and are located in the Superfund Docket, 1235
Jefferson Davis Highway, Crystal Gateway 1, Arlington, Virginia 22202,
Suite 105 (Docket Numbers SPCC-2P, SPCC-3P, and SPCC-9P). The docket is
available for inspection between 9 a.m. and 4 p.m., Monday through
Friday, excluding Federal holidays.
Appointments to review the docket can be made by calling 703-603-
9232. Docket hours are subject to change. As provided in 40 CFR part 2,
a reasonable fee may be charged for copying services.
13.2 The docket will mail copies of materials to requestors who are
outside the Washington, DC metropolitan area. Materials may be available
from other sources, as noted in this section. As provided in 40 CFR part
2, a reasonable fee may be charged for copying services. The RCRA/
Superfund Hotline at 800-424-9346 may also provide additional
information on where to obtain documents. To contact the RCRA/Superfund
Hotline in the Washington, DC metropolitan area, dial 703-412-9810. The
Telecommunications Device for the Deaf (TDD) Hotline number is 800-553-
7672, or, in the Washington, DC metropolitan area, 703-412-3323.
13.3 Documents
(1) National Preparedness for Response Exercise Program (PREP). The
PREP draft guidelines are available from United States Coast Guard
Headquarters (G-MEP-4), 2100 Second Street, SW., Washington, DC 20593.
(See 58 FR 53990-91, October 19, 1993, Notice of Availability of PREP
Guidelines).
(2) ``Guidance for Facility and Vessel Response Plans: Fish and
Wildlife and Sensitive Environments (published in the Federal Register
by DOC/NOAA at 59 FR 14713-22, March 29, 1994.). The guidance is
available in the Superfund Docket (see sections 13.1 and 13.2 of this
appendix).
(3) ASTM Standards. ASTM F 715, ASTM F 989, ASTM F 631-99, ASTM F
808-83 (1999). The ASTM standards are available from the American
Society for Testing and Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959.
(4) Response Plans for Marine Transportation-Related Facilities,
Interim Final Rule. Published by USCG, DOT at 58 FR 7330-76, February 5,
1993.
[[Page 76]]
Table 1 to Appendix E--Response Resource Operating Criteria
------------------------------------------------------------------------
Oil Recovery Devices
-------------------------------------------------------------------------
Significant wave height
Operating environment \1\ Sea state
------------------------------------------------------------------------
Rivers and Canals................ [le] 1 foot............. 1
Inland........................... [le] 3 feet............. 2
Great Lakes...................... [le] 4 feet............. 2-3
Ocean............................ [le] 6 feet............. 3-4
------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Boom
-----------------------------------------------------------------------------------------------------------------
Use
Boom property -----------------------------------------------------------------------------
Rivers and canals Inland Great Lakes Ocean
----------------------------------------------------------------------------------------------------------------
Significant Wave Height \1\....... [le] 1............ [le] 3............ [le] 4........... [le] 6
Sea State......................... 1................. 2................. 2-3.............. 3-4
Boom height--inches (draft plus 6-18.............. 18-42............. 18-42............ 42
freeboard).
Reserve Buoyancy to Weight Ratio.. 2:1............... 2:1............... 2:1.............. 3:1 to 4:1
Total Tensile Strength--pounds.... 4,500............. 15,000-20,000..... 15,000-20,000....
20,000
Skirt Fabric Tensile Strength-- 200............... 300............... 300.............. 500
pounds.
Skirt Fabric Tear Strength--pounds 100............... 100............... 100.............. 125
----------------------------------------------------------------------------------------------------------------
\1\ Oil recovery devices and boom shall be at least capable of operating in wave heights up to and including the
values listed in Table 1 for each operating environment.
Table 2 to Appendix E--Removal Capacity Planning Table for Petroleum Oils
----------------------------------------------------------------------------------------------------------------
Spill location Rivers and canals Nearshore/Inland/Great Lakes
----------------------------------------------------------------------------------------------------------------
Sustainability of on-water oil 3 days 4 days
recovery -----------------------------------------------------------------------------
----------------------------------- Percent Percent
Percent recovered Percent oil Percent recovered Percent oil
Oil group \1\ natural floating onshore natural floating onshore
dissipation oil dissipation oil
----------------------------------------------------------------------------------------------------------------
1--Non-persistent oils............ 80 10 10 80 20 10
2--Light crudes................... 40 15 45 50 50 30
3--Medium crudes and fuels........ 20 15 65 30 50 50
4--Heavy crudes and fuels......... 5 20 75 10 50 70
----------------------------------------------------------------------------------------------------------------
\1\ The response resource considerations for non-petroleum oils other than animal fats and vegetable oils are
outlined in section 7.7 of this appendix.
Note: Group 5 oils are defined in section 1.2.8 of this appendix; the response resource considerations are
outlined in section 7.6 of this appendix.
Table 3 to Appendix E--Emulsification Factors for Petroleum Oil Groups
\1\
Non-Persistent Oil:
Group 1...................................................... 1.0
Persistent Oil:
Group 2...................................................... 1.8
Group 3...................................................... 2.0
Group 4...................................................... 1.4
Group 5 oils are defined in section 1.2.7 of this appendix; the
response resource considerations are outlined in section 7.6
of this appendix.
------------------------------------------------------------------------
\1\ See sections 1.2.2 and 1.2.7 of this appendix for group designations
for non-persistent and persistent oils, respectively.
Table 4 to Appendix E--On-Water Oil Recovery Resource Mobilization Factors
----------------------------------------------------------------------------------------------------------------
Operating area Tier 1 Tier 2 Tier 3
----------------------------------------------------------------------------------------------------------------
Rivers and Canals............................................... 0.30 0.40 0.60
Inland/Nearshore Great Lakes.................................... 0.15 0.25 0.40
----------------------------------------------------------------------------------------------------------------
Note: These mobilization factors are for total resources mobilized, not incremental response resources.
Table 5 to Appendix E--Response Capability Caps by Operating Area
----------------------------------------------------------------------------------------------------------------
Tier 1 Tier 2 Tier 3
----------------------------------------------------------------------------------------------------------------
February 18, 1993:
All except Rivers & Canals, Great Lakes..................... 10K bbls/day 20K bbls/day 40K bbls/day.
[[Page 77]]
Great Lakes................................................. 5K bbls/day 10K bbls/day 20K bbls/day.
Rivers & Canals............................................. 1.5K bbls/day 3.0K bbls/day 6.0K bbls/day.
February 18, 1998:
All except Rivers & Canals, Great Lakes..................... 12.5K bbls/day 25K bbls/day 50K bbls/day.
Great Lakes................................................. 6.35K bbls/day 12.3K bbls/day 25K bbls/day.
Rivers & Canals............................................. 1.875K bbls/ 3.75K bbls/day 7.5K bbls/day.
day
February 18, 2003:
All except Rivers & Canals, Great Lakes..................... TBD TBD TBD.
Great Lakes................................................. TBD TBD TBD.
Rivers & Canals............................................. TBD TBD TBD.
----------------------------------------------------------------------------------------------------------------
Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.
TBD=To Be Determined.
Table 6 to Appendix E--Removal Capacity Planning Table for Animal Fats and Vegetable Oils
----------------------------------------------------------------------------------------------------------------
Spill location Rivers and canals Nearshore/Inland/Great Lakes
----------------------------------------------------------------------------------------------------------------
Sustainability of on-water oil 3 days 4 days
recovery -----------------------------------------------------------------------------
----------------------------------- Percent Percent Percent Percent
Percent recovered recovered Percent recovered recovered
Oil group \1\ natural floating oil from natural floating oil from
loss oil onshore loss oil onshore
----------------------------------------------------------------------------------------------------------------
Group A........................... 40 15 45 50 20 30
Group B........................... 20 15 65 30 20 50
----------------------------------------------------------------------------------------------------------------
\1\ Substances with a specific gravity greater than 1.0 generally sink below the surface of the water. Response
resource considerations are outlined in section 10.6 of this appendix. The owner or operator of the facility
is responsible for determining appropriate response resources for Group C oils including locating oil on the
bottom or suspended in the water column; containment boom or other appropriate methods for containing oil that
may remain floating on the surface; and dredges, pumps, or other equipment to recover animal fats or vegetable
oils from the bottom and shoreline.
Note: Group C oils are defined in sections 1.2.1 and 1.2.9 of this appendix; the response resource procedures
are discussed in section 10.6 of this appendix.
Table 7 to Appendix E--Emulsification Factors for Animal Fats and
Vegetable Oils
------------------------------------------------------------------------
------------------------------------------------------------------------
Oil Group 1:
Group A...................................................... 1.0
Group B...................................................... 2.0
------------------------------------------------------------------------
\1\ Substances with a specific gravity greater than 1.0 generally sink
below the surface of the water. Response resource considerations are
outlined in section 10.6 of this appendix. The owner or operator of
the facility is responsible for determining appropriate response
resources for Group C oils including locating oil on the bottom or
suspended in the water column; containment boom or other appropriate
methods for containing oil that may remain floating on the surface;
and dredges, pumps, or other equipment to recover animal fats or
vegetable oils from the bottom and shoreline.
Note: Group C oils are defined in sections 1.2.1 and 1.2.9 of this
appendix; the response resource procedures are discussed in section
10.6 of this appendix.
[[Page 78]]
Attachments to Appendix E
[GRAPHIC] [TIFF OMITTED] TR30JN00.062
[[Page 79]]
[GRAPHIC] [TIFF OMITTED] TR30JN00.063
[[Page 80]]
[GRAPHIC] [TIFF OMITTED] TR30JN00.064
[[Page 81]]
[GRAPHIC] [TIFF OMITTED] TR30JN00.065
[[Page 82]]
[GRAPHIC] [TIFF OMITTED] TR30JN00.066
[[Page 83]]
[GRAPHIC] [TIFF OMITTED] TR30JN00.067
[[Page 84]]
[GRAPHIC] [TIFF OMITTED] TR30JN00.068
[GRAPHIC] [TIFF OMITTED] TR30JN00.069
[[Page 85]]
[GRAPHIC] [TIFF OMITTED] TR30JN00.070
[59 FR 34111, July 1, 1994; 59 FR 49006, Sept. 26, 1994, as amended at
65 FR 40806, 40807, June 30, 2000; 65 FR 47325, Aug. 2, 2000; 66 FR
47325, Aug. 2, 2000; 66 FR 35460, 35461, June 29, 2001]
[[Page 86]]
Appendix F to Part 112--Facility-Specific Response Plan
Table of Contents
1.0 Model Facility-Specific Response Plan
1.1 Emergency Response Action Plan
1.2 Facility Information
1.3 Emergency Response Information
1.3.1 Notification
1.3.2 Response Equipment List
1.3.3 Response Equipment Testing/Deployment
1.3.4 Personnel
1.3.5 Evacuation Plans
1.3.6 Qualified Individual's Duties
1.4 Hazard Evaluation
1.4.1 Hazard Identification
1.4.2 Vulnerability Analysis
1.4.3 Analysis of the Potential for an Oil Spill
1.4.4 Facility Reportable Oil Spill History
1.5 Discharge Scenarios
1.5.1 Small and Medium Discharges
1.5.2 Worst Case Discharge
1.6 Discharge Detection Systems
1.6.1 Discharge Detection By Personnel
1.6.2 Automated Discharge Detection
1.7 Plan Implementation
1.7.1 Response Resources for Small, Medium, and Worst Case Spills
1.7.2 Disposal Plans
1.7.3 Containment and Drainage Planning
1.8 Self-Inspection, Drills/Exercises, and Response Training
1.8.1 Facility Self-Inspection
1.8.1.1 Tank Inspection
1.8.1.2 Response Equipment Inspection
1.8.1.3 Secondary Containment Inspection
1.8.2 Facility Drills/Exercises
1.8.2.1 Qualified Individual Notification Drill Logs
1.8.2.2 Spill Management Team Tabletop Exercise Logs
1.8.3 Response Training
1.8.3.1 Personnel Response Training Logs
1.8.3.2 Discharge Prevention Meeting Logs
1.9 Diagrams
1.10 Security
2.0 Response Plan Cover Sheet
3.0 Acronyms
4.0 References
1.0 Model Facility-Specific Response Plan
(A) Owners or operators of facilities regulated under this part
which pose a threat of substantial harm to the environment by
discharging oil into or on navigable waters or adjoining shorelines are
required to prepare and submit facility-specific response plans to EPA
in accordance with the provisions in this appendix. This appendix
further describes the required elements in Sec. 112.20(h).
(B) Response plans must be sent to the appropriate EPA Regional
office. Figure F-1 of this Appendix lists each EPA Regional office and
the address where owners or operators must submit their response plans.
Those facilities deemed by the Regional Administrator (RA) to pose a
threat of significant and substantial harm to the environment will have
their plans reviewed and approved by EPA. In certain cases, information
required in the model response plan is similar to information currently
maintained in the facility's Spill Prevention, Control, and
Countermeasures (SPCC) Plan as required by 40 CFR 112.3. In these cases,
owners or operators may reproduce the information and include a
photocopy in the response plan.
(C) A complex may develop a single response plan with a set of core
elements for all regulating agencies and separate sections for the non-
transportation-related and transportation-related components, as
described in Sec. 112.20(h). Owners or operators of large facilities
that handle, store, or transport oil at more than one geographically
distinct location (e.g., oil storage areas at opposite ends of a single,
continuous parcel of property) shall, as appropriate, develop separate
sections of the response plan for each storage area.
[[Page 87]]
[GRAPHIC] [TIFF OMITTED] TC01MR92.015
1.1 Emergency Response Action Plan
Several sections of the response plan shall be co-located for easy
access by response personnel during an actual emergency or oil
discharge. This collection of sections shall be called the Emergency
Response Action Plan. The Agency intends that the Action Plan contain
only as much information as is necessary to combat the discharge 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
[[Page 88]]
forms included in the associated sections of the response plan. Each
Emergency Response Action Plan section may be tabbed for quick
reference. The Action Plan shall be maintained in the front of the same
binder that contains the complete response plan or it shall be contained
in a separate binder. In the latter case, both binders shall be kept
together so that the entire plan can be accessed by the qualified
individual and appropriate spill response personnel. The Emergency
Response Action Plan shall be made up of the following sections:
1. Qualified Individual Information (Section 1.2) partial
2. Emergency Notification Phone List (Section 1.3.1) partial
3. Spill Response Notification Form (Section 1.3.1) partial
4. Response Equipment List and Location (Section 1.3.2) complete
5. Response Equipment Testing and Deployment (Section 1.3.3) complete
6. Facility Response Team (Section 1.3.4) partial
7. Evacuation Plan (Section 1.3.5) condensed
8. Immediate Actions (Section 1.7.1) complete
9. Facility Diagram (Section 1.9) complete
1.2 Facility Information
The facility information form is designed to provide an overview of
the site and a description of past activities at the facility. Much of
the information required by this section may be obtained from the
facility's existing SPCC Plan.
1.2.1 Facility name and location: Enter facility name and street
address. Enter the address of corporate headquarters only if corporate
headquarters are physically located at the facility. Include city,
county, state, zip code, and phone number.
1.2.2 Latitude and Longitude: Enter the latitude and longitude of
the facility. Include degrees, minutes, and seconds of the main entrance
of the facility.
1.2.3 Wellhead Protection Area: Indicate if the facility is located
in or drains into a wellhead protection area as defined by the Safe
Drinking Water Act of 1986 (SDWA).\1\ The response plan requirements in
the Wellhead Protection Program are outlined by the State or Territory
in which the facility resides.
---------------------------------------------------------------------------
\1\ A wellhead protection area is defined as the surface and
subsurface area surrounding a water well or wellfield, supplying a
public water system, through which contaminants are reasonably likely to
move toward and reach such water well or wellfield. For further
information regarding State and territory protection programs, facility
owners or operators may contact the SDWA Hotline at 1-800-426-4791.
---------------------------------------------------------------------------
1.2.4 Owner/operator: Write the name of the company or person
operating the facility and the name of the person or company that owns
the facility, if the two are different. List the address of the owner,
if the two are different.
1.2.5 Qualified Individual: Write the name of the qualified
individual for the entire facility. If more than one person is listed,
each individual indicated in this section shall have full authority to
implement the facility response plan. For each individual, list: name,
position, home and work addresses (street addresses, not P.O. boxes),
emergency phone number, and specific response training experience.
1.2.6 Date of Oil Storage Start-up: Enter the year which the
present facility first started storing oil.
1.2.7 Current Operation: Briefly describe the facility's operations
and include the North American Industrial Classification System (NAICS)
code.
1.2.8 Dates and Type of Substantial Expansion: Include information
on expansions that have occurred at the facility. Examples of such
expansions include, but are not limited to: Throughput expansion,
addition of a product line, change of a product line, and installation
of additional oil storage capacity. The data provided shall include all
facility historical information and detail the expansion of the
facility. An example of substantial expansion is any material alteration
of the facility which causes the owner or operator of the facility to
re-evaluate and increase the response equipment necessary to adequately
respond to a worst case discharge from the facility.
Date of Last Update: ------
Facility Information Form
Facility Name:__________________________________________________________
Location (Street Address):____________________________________________
City: ------ State: ------ Zip: ------
County: ------ Phone Number: ( ) ------
Latitude: ------ Degrees ------ Minutes ------ Seconds
Longitude: ------ Degrees ------ Minutes ------ Seconds
Wellhead Protection Area:_______________________________________________
Owner:__________________________________________________________________
Owner Location (Street Address):______________________________________
(if different from Facility Address)
City: ------ State:------ Zip: ------
County: ------ Phone Number: ( ) ------
Operator (if not Owner):________________________________________________
Qualified Individual(s): (attach additional sheets if more than one)
Name:_________________________________________________________________
Position:_____________________________________________________________
Work Address:_________________________________________________________
Home Address:_________________________________________________________
Emergency Phone Number: ( )______________________________________
[[Page 89]]
Date of Oil Storage Start-up:___________________________________________
Current Operations:_____________________________________________________
________________________________________________________________________
________________________________________________________________________
Date(s) and Type(s) of Substantial Expansion(s):________________________
________________________________________________________________________
(Attach additional sheets if necessary)
1.3 Emergency Response Information
(A) The information provided in this section shall describe what
will be needed in an actual emergency involving the discharge of oil or
a combination of hazardous substances and oil discharge. The Emergency
Response Information section of the plan must include the following
components:
(1) The information provided in the Emergency Notification Phone
List in section 1.3.1 identifies and prioritizes the names and phone
numbers of the organizations and personnel that need to be notified
immediately in the event of an emergency. This section shall include all
the appropriate phone numbers for the facility. These numbers must be
verified each time the plan is updated. The contact list must be
accessible to all facility employees to ensure that, in case of a
discharge, any employee on site could immediately notify the appropriate
parties.
(2) The Spill Response Notification Form in section 1.3.1 creates a
checklist of information that shall be provided to the National Response
Center (NRC) and other response personnel. All information on this
checklist must be known at the time of notification, or be in the
process of being collected. This notification form is based on a similar
form used by the NRC. Note: Do not delay spill notification to collect
the information on the list.
(3) Section 1.3.2 provides a description of the facility's list of
emergency response equipment and location of the response equipment.
When appropriate, the amount of oil that emergency response equipment
can handle and any limitations (e.g., launching sites) must be
described.
(4) Section 1.3.3 provides information regarding response equipment
tests and deployment drills. Response equipment deployment exercises
shall be conducted to ensure that response equipment is operational and
the personnel who would operate the equipment in a spill response are
capable of deploying and operating it. Only a representative sample of
each type of response equipment needs to be deployed and operated, as
long as the remainder is properly maintained. If appropriate, testing of
response equipment may be conducted while it is being deployed.
Facilities without facility-owned response equipment must ensure that
the oil spill removal organization that is identified in the response
plan to provide this response equipment certifies that the deployment
exercises have been met. Refer to the National Preparedness for Response
Exercise Program (PREP) Guidelines (see Appendix E to this part, section
13, for availability), which satisfy Oil Pollution Act (OPA) response
exercise requirements.
(5) Section 1.3.4 lists the facility response personnel, including
those employed by the facility and those under contract to the facility
for response activities, the amount of time needed for personnel to
respond, their responsibility in the case of an emergency, and their
level of response training. Three different forms are included in this
section. The Emergency Response Personnel List shall be composed of all
personnel employed by the facility whose duties involve responding to
emergencies, including oil discharges, even when they are not physically
present at the site. An example of this type of person would be the
Building Engineer-in-Charge or Plant Fire Chief. The second form is a
list of the Emergency Response Contractors (both primary and secondary)
retained by the facility. Any changes in contractor status must be
reflected in updates to the response plan. Evidence of contracts with
response contractors shall be included in this section so that the
availability of resources can be verified. The last form is the Facility
Response Team List, which shall be composed of both emergency response
personnel (referenced by job title/position) and emergency response
contractors, included in one of the two lists described above, that will
respond immediately upon discovery of an oil discharge or other
emergency (i.e., the first people to respond). These are to be persons
normally on the facility premises or primary response contractors.
Examples of these personnel would be the Facility Hazardous Materials
(HAZMAT) Spill Team 1, Facility Fire Engine Company 1, Production
Supervisor, or Transfer Supervisor. Company personnel must be able to
respond immediately and adequately if contractor support is not
available.
(6) Section 1.3.5 lists factors that must, as appropriate, be
considered when preparing an evacuation plan.
(7) Section 1.3.6 references the responsibilities of the qualified
individual for the facility in the event of an emergency.
(B) The information provided in the emergency response section will
aid in the assessment of the facility's ability to respond to a worst
case discharge and will identify additional assistance that may be
needed. In addition, the facility owner or operator may want to produce
a wallet-size card containing a checklist of the immediate response and
notification steps to be taken in the event of an oil discharge.
1.3.1 Notification
Date of Last Update:____________________________________________________
[[Page 90]]
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:_________________________________
------------------------------------------------------------------------
Organization Phone No.
------------------------------------------------------------------------
1. National Response Center (NRC): 1-800-424-8802
------------------
2. Qualified Individual:
------------------
Evening Phone:
------------------
3. Company Response Team:
------------------
Evening Phone:
------------------
4. Federal On-Scene Coordinator (OSC) and/or Regional
Response Center (RRC):
------------------
Evening Phone(s):
------------------
Pager Number(s):
------------------
5. Local Response Team (Fire Dept./Cooperatives):
------------------
6. Fire Marshall:
------------------
Evening Phone:
------------------
7. State Emergency Response Commission (SERC):
------------------
Evening Phone:
------------------
8. State Police:
------------------
9. Local Emergency Planning Committee (LEPC):
------------------
10. Local Water Supply System:
------------------
Evening Phone:
------------------
11. Weather Report:
------------------
12. Local Television/Radio Station for Evacuation
Notification:
------------------
13. Hospitals:
------------------
------------------------------------------------------------------------
Spill Response Notification Form
Reporter's Last Name:___________________________________________________
First:__________________________________________________________________
M.I.:___________________________________________________________________
Position:_______________________________________________________________
Phone Numbers:
Day ( ) -
Evening ( ) -
Company:________________________________________________________________
Organization Type:______________________________________________________
Address:________________________________________________________________
________________________________________________________________________
City:___________________________________________________________________
State:__________________________________________________________________
Zip:____________________________________________________________________
Were Materials Discharged? ------ (Y/N) Confidential? ------ (Y/N)
Meeting Federal Obligations to Report? ------ (Y/N) Date Called: ------
Calling for Responsible Party? ------ (Y/N) Time Called: ------
Incident Description
Source and/or Cause of Incident:________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Date of Incident:_______________________________________________________
Time of Incident: ------ AM/PM
Incident Address/Location:______________________________________________
________________________________________________________________________
Nearest City:---------------- State: ------ County: -------- Zip: ------
--
Distance from City: ------ Units of Measure: ------ Direction from City:
------
Section: -------- Township: -------- Range: -------- Borough: --------
Container Type: ------ Tank Oil Storage Capacity: -------- Units of
Measure: ------
Facility Oil Storage Capacity: -------- Units of Measure: ------
Facility Latitude: ------ Degrees ------ Minutes ------ Seconds
Facility Longitude: ------ Degrees ------ Minutes ------ Seconds
Material
--------------------------------------------------------------------------------------------------------------------------------------------------------
Material Discharged
CHRIS Code Discharged quantity Unit of measure in water Quantity Unit of measure
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 91]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Response Action
Actions Taken to Correct, Control or Mitigate Incident:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Impact
Number of Injuries: ------ Number of Deaths: ------
Were there Evacuations? ------ (Y/N) Number Evacuated: ------
Was there any Damage? ------ (Y/N)
Damage in Dollars (approximate):________________________________________
Medium Affected:________________________________________________________
Description:____________________________________________________________
More Information about Medium:__________________________________________
________________________________________________________________________
________________________________________________________________________
Additional Information
Any information about the incident not recorded elsewhere in the report:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Caller Notifications
EPA? ------ (Y/N) USCG? ------ (Y/N) State? ------ (Y/N)
Other? ------ (Y/N) Describe: ------------
1.3.2 Response Equipment List
Date of Last Update:------
Facility Response Equipment List
1. Skimmers/Pumps--Operational Status:__________________________________
Type, Model, and Year:________________________________________________
______________________________________________________________________
Type Model Year
Number:_______________________________________________________________
Capacity: -------- gal./min.
Daily Effective Recovery Rate:________________________________________
Storage Location(s):__________________________________________________
Date Fuel Last Changed:_______________________________________________
2. Boom--Operational Status:____________________________________________
Type, Model, and Year:________________________________________________
Type Model Year
Number:_______________________________________________________________
Size (length): -------- ft.
Containment Area: -------- sq. ft.
Storage Location:_____________________________________________________
3. Chemicals Stored (Dispersants listed on EPA's NCP Product
Schedule)
----------------------------------------------------------------------------------------------------------------
Date Treatment Storage
Type Amount purchased capacity location
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Were appropriate procedures used to receive approval for use of
dispersants in accordance with the NCP (40 CFR 300.910) and the Area
Contingency Plan (ACP), where applicable?------ (Y/N).
Name and State of On-Scene Coordinator (OSC) authorizing use: ------
.
Date Authorized: ------ .
4. Dispersant Dispensing Equipment--Operational Status: ------ .
------------------------------------------------------------------------
Response
Type and year Capacity Storage time
location (minutes)
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
[[Page 92]]
------------------------------------------------------------------------
------------------------------------------------------------------------
5. Sorbents--Operational Status:________________________________________
Type and Year Purchased:______________________________________________
Amount:_______________________________________________________________
Absorption Capacity (gal.):___________________________________________
Storage Location(s):__________________________________________________
6. Hand Tools--Operational Status:______________________________________
------------------------------------------------------------------------
Type and year Quantity Storage location
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
7. Communication Equipment (include operating frequency and channel
and/or cellular phone numbers)--Operational Status: ------
------------------------------------------------------------------------
Storage location/
Type and year Quantity number
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
8. Fire Fighting and Personnel Protective Equipment--Operational
Status: ------
------------------------------------------------------------------------
Type and year Quantity Storage location
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
9. Other (e.g., Heavy Equipment, Boats and Motors)--Operational
Status: ------
------------------------------------------------------------------------
Type and year Quantity Storage location
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
------------------------------------------------------------------------
1.3.3 Response Equipment Testing/Deployment
Date of Last Update:--------
Response Equipment Testing and Deployment Drill Log
Last Inspection or Response Equipment Test Date:________________________
Inspection Frequency:___________________________________________________
Last Deployment Drill Date:_____________________________________________
Deployment Frequency:___________________________________________________
Oil Spill Removal Organization Certification (if applicable):___________
1.3.4 Personnel
Date of Last Update:--------
[[Page 93]]
Emergency Response Personnel
Company Personnel
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name Phone \1\ Response time Responsibility during response action Response training type/date
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.
--------------------------------------------------------------------------------------------------------------------------------------------------------
2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
3.
--------------------------------------------------------------------------------------------------------------------------------------------------------
4.
--------------------------------------------------------------------------------------------------------------------------------------------------------
5.
--------------------------------------------------------------------------------------------------------------------------------------------------------
6.
--------------------------------------------------------------------------------------------------------------------------------------------------------
7.
--------------------------------------------------------------------------------------------------------------------------------------------------------
8.
--------------------------------------------------------------------------------------------------------------------------------------------------------
9.
--------------------------------------------------------------------------------------------------------------------------------------------------------
10.
--------------------------------------------------------------------------------------------------------------------------------------------------------
11.
--------------------------------------------------------------------------------------------------------------------------------------------------------
12.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Phone number to be used when person is not on-site.
Emergency Response Contractors
Date of Last Update: --------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Contractor Phone Response time Contract responsibility \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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[[Page 94]]
3.
--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
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4.
--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
---------------------------------------------------------------------------
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\1\ Include evidence of contracts/agreements with response contractors to ensure the availability of personnel and response equipment.
Facility Response Team
Date of Last Update:--------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Team member Response time (minutes) Phone or pager number (day/evening)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Qualified Individual:
........................... /
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Note: If the facility uses contracted help in an emergency response situation, the owner or operator must provide the contractors' names and review the
contractors' capacities to provide adequate personnel and response equipment.
[[Page 96]]
1.3.5 Evacuation Plans
1.3.5.1 Based on the analysis of the facility, as discussed
elsewhere in the plan, a facility-wide evacuation plan shall be
developed. In addition, plans to evacuate parts of the facility that are
at a high risk of exposure in the event of a discharge or other release
must be developed. Evacuation routes must be shown on a diagram of the
facility (see section 1.9 of this appendix). When developing evacuation
plans, consideration must be given to the following factors, as
appropriate:
(1) Location of stored materials;
(2) Hazard imposed by discharged material;
(3) Discharge flow direction;
(4) Prevailing wind direction and speed;
(5) Water currents, tides, or wave conditions (if applicable);
(6) Arrival route of emergency response personnel and response
equipment;
(7) Evacuation routes;
(8) Alternative routes of evacuation;
(9) Transportation of injured personnel to nearest emergency medical
facility;
(10) Location of alarm/notification systems;
(11) The need for a centralized check-in area for evacuation
validation (roll call);
(12) Selection of a mitigation command center; and
(13) Location of shelter at the facility as an alternative to
evacuation.
1.3.5.2 One resource that may be helpful to owners or operators in
preparing this section of the response plan is The Handbook of Chemical
Hazard Analysis Procedures by the Federal Emergency Management Agency
(FEMA), Department of Transportation (DOT), and EPA. The Handbook of
Chemical Hazard Analysis Procedures is available from: FEMA ,
Publication Office, 500 C. Street, S.W., Washington, DC 20472, (202)
646-3484.
1.3.5.3 As specified in Sec. 112.20(h)(1)(vi), the facility owner
or operator must reference existing community evacuation plans, as
appropriate.
1.3.6 Qualified Individual's Duties
The duties of the designated qualified individual are specified in
Sec. 112.20(h)(3)(ix). The qualified individual's duties must be
described and be consistent with the minimum requirements in
Sec. 112.20(h)(3)(ix). In addition, the qualified individual must be
identified with the Facility Information in section 1.2 of the response
plan.
1.4 Hazard Evaluation
This section requires the facility owner or operator to examine the
facility's operations closely and to predict where discharges could
occur. Hazard evaluation is a widely used industry practice that allows
facility owners or operators to develop a complete understanding of
potential hazards and the response actions necessary to address these
hazards. The Handbook of Chemical Hazard Analysis Procedures, prepared
by the EPA, DOT, and the FEMA and the Hazardous Materials Emergency
Planning Guide (NRT-1), prepared by the National Response Team are good
references for conducting a hazard analysis. Hazard identification and
evaluation will assist facility owners or operators in planning for
potential discharges, thereby reducing the severity of discharge impacts
that may occur in the future. The evaluation also may help the operator
identify and correct potential sources of discharges. In addition,
special hazards to workers and emergency response personnel's health and
safety shall be evaluated, as well as the facility's oil spill history.
1.4.1 Hazard Identification
The Tank and Surface Impoundment (SI) forms, or their equivalent,
that are part of this section must be completed according to the
directions below. (``Surface Impoundment'' means a facility or part of a
facility which is a natural topographic depression, man-made excavation,
or diked area formed primarily of earthen materials (although it may be
lined with man-made materials), which is designed to hold an
accumulation of liquid wastes or wastes containing free liquids, and
which is not an injection well or a seepage facility.) Similar
worksheets, or their equivalent, must be developed for any other type of
storage containers.
(1) List each tank at the facility with a separate and distinct
identifier. Begin aboveground tank identifiers with an ``A'' and
belowground tank identifiers with a ``B'', or submit multiple sheets
with the aboveground tanks and belowground tanks on separate sheets.
(2) Use gallons for the maximum capacity of a tank; and use square
feet for the area.
(3) Using the appropriate identifiers and the following
instructions, fill in the appropriate forms:
(a) Tank or SI number--Using the aforementioned identifiers (A or B)
or multiple reporting sheets, identify each tank or SI at the facility
that stores oil or hazardous materials.
(b) Substance Stored--For each tank or SI identified, record the
material that is stored therein. If the tank or SI is used to store more
than one material, list all of the stored materials.
(c) Quantity Stored--For each material stored in each tank or SI,
report the average volume of material stored on any given day.
(d) Tank Type or Surface Area/Year--For each tank, report the type
of tank (e.g., floating top), and the year the tank was originally
installed. If the tank has been refabricated, the year that the latest
refabrication was completed must be recorded in parentheses next to the
year installed. For
[[Page 97]]
each SI, record the surface area of the impoundment and the year it went
into service.
(e) Maximum Capacity--Record the operational maximum capacity for
each tank and SI. If the maximum capacity varies with the season, record
the upper and lower limits.
(f) Failure/Cause--Record the cause and date of any tank or SI
failure which has resulted in a loss of tank or SI contents.
(4) Using the numbers from the tank and SI forms, label a schematic
drawing of the facility. This drawing shall be identical to any
schematic drawings included in the SPCC Plan.
(5) Using knowledge of the facility and its operations, describe the
following in writing:
(a) The loading and unloading of transportation vehicles that risk
the discharge of oil or release of hazardous substances during transport
processes. These operations may include loading and unloading of trucks,
railroad cars, or vessels. Estimate the volume of material involved in
transfer operations, if the exact volume cannot be determined.
(b) Day-to-day operations that may present a risk of discharging oil
or releasing a hazardous substance. These activities include scheduled
venting, piping repair or replacement, valve maintenance, transfer of
tank contents from one tank to another, etc. (not including
transportation-related activities). Estimate the volume of material
involved in these operations, if the exact volume cannot be determined.
(c) The secondary containment volume associated with each tank and/
or transfer point at the facility. The numbering scheme developed on the
tables, or an equivalent system, must be used to identify each
containment area. Capacities must be listed for each individual unit
(tanks, slumps, drainage traps, and ponds), as well as the facility
total.
(d) Normal daily throughput for the facility and any effect on
potential discharge volumes that a negative or positive change in that
throughput may cause.
Hazard Identification Tanks \1\
Date of Last Update: --------
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Substance Stored (Oil
Tank No. and Hazardous Quantity Stored Tank Type/Year Maximum Capacity Failure/Cause
Substance) (gallons) (gallons)
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\1\ Tank = any container that stores oil.
Attach as many sheets as necessary.
Hazard Identification Surface Impoundments (SIs)
Date of Last Update: --------
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Quantity Stored Maximum Capacity
SI No. Substance Stored (gallons) Surface Area/Year (gallons) Failure/Cause
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Attach as many sheets as necessary.
1.4.2 Vulnerability Analysis
The vulnerability analysis shall address the potential effects
(i.e., to human health, property, or the environment) of an oil
discharge. Attachment C-III to Appendix C to this part provides a method
that owners or operators shall use to determine appropriate distances
from the facility to fish and wildlife and sensitive environments.
Owners or operators can use a comparable formula that is considered
acceptable by the RA. If a comparable formula is used, documentation of
the reliability and analytical soundness of the formula must be attached
to the response plan cover sheet. This analysis must be prepared for
each facility and, as appropriate, must discuss the vulnerability of:
(1) Water intakes (drinking, cooling, or other);
(2) Schools;
(3) Medical facilities;
(4) Residential areas;
(5) Businesses;
(6) Wetlands or other sensitive environments; \2\
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\2\ Refer to the DOC/NOAA ``Guidance for Facility and Vessel
Response Plans: Fish and Wildlife and Sensitive Environments'' (See
appendix E to this part, section 13, for availability).
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(7) Fish and wildlife;
(8) Lakes and streams;
(9) Endangered flora and fauna;
(10) Recreational areas;
(11) Transportation routes (air, land, and water);
(12) Utilities; and
(13) Other areas of economic importance (e.g., beaches, marinas)
including terrestrially sensitive environments, aquatic environments,
and unique habitats.
1.4.3 Analysis of the Potential for an Oil Discharge
Each owner or operator shall analyze the probability of a discharge
occurring at the facility. 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. 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 discharges. The owner or
operator may need to research the age of the tanks the oil discharge
history at the facility.
1.4.4 Facility Reportable Oil Spill History
Briefly describe the facility's reportable oil spill \3\ history for
the entire life of the facility to the extent that such information is
reasonably identifiable, including:
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\3\ As described in 40 CFR part 110, reportable oil spills are those
that: (a) violate applicable water quality standards, or (b) cause a
film or sheen upon or discoloration of the surface of the water or
adjoining shorelines or cause a sludge or emulsion to be deposited
beneath the surface of the water or upon adjoining shorelines.
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(1) Date of discharge(s);
(2) List of discharge causes;
(3) Material(s) discharged;
(4) Amount discharged in gallons;
(5) Amount of discharge that reached navigable waters, if
applicable;
(6) Effectiveness and capacity of secondary containment;
(7) Clean-up actions taken;
(8) Steps taken to reduce possibility of recurrence;
(9) Total oil storage capacity of the tank(s) or impoundment(s) from
which the material discharged;
(10) Enforcement actions;
(11) Effectiveness of monitoring equipment; and
(12) Description(s) of how each oil discharge was detected.
[[Page 99]]
The information solicited in this section may be similar to requirements
in 40 CFR 112.4(a). Any duplicate information required by Sec. 112.4(a)
may be photocopied and inserted.
1.5 Discharge Scenarios
In this section, the owner or operator is required to provide a
description of the facility's worst case discharge, as well as a small
and medium discharge, as appropriate. A multi-level planning approach
has been chosen because the response actions to a discharge (i.e.,
necessary response equipment, products, and personnel) are dependent on
the magnitude of the discharge. Planning for lesser discharges is
necessary because the nature of the response may be qualitatively
different depending on the quantity of the discharge. The facility owner
or operator shall discuss the potential direction of the discharge
pathway.
1.5.1 Small and Medium Discharges
1.5.1.1 To address multi-level planning requirements, the owner or
operator must consider types of facility-specific discharge scenarios
that may contribute to a small or medium discharge. The scenarios shall
account for all the operations that take place at the facility,
including but not limited to:
(1) Loading and unloading of surface transportation;
(2) Facility maintenance;
(3) Facility piping;
(4) Pumping stations and sumps;
(5) Oil storage tanks;
(6) Vehicle refueling; and
(7) Age and condition of facility and components.
1.5.1.2 The scenarios shall also consider factors that affect the
response efforts required by the facility. These include but are not
limited to:
(1) Size of the discharge;
(2) Proximity to downgradient wells, waterways, and drinking water
intakes;
(3) Proximity to fish and wildlife and sensitive environments;
(4) Likelihood that the discharge will travel offsite (i.e.,
topography, drainage);
(5) Location of the material discharged (i.e., on a concrete pad or
directly on the soil);
(6) Material discharged;
(7) Weather or aquatic conditions (i.e., river flow);
(8) Available remediation equipment;
(9) Probability of a chain reaction of failures; and
(10) Direction of discharge pathway.
1.5.2 Worst Case Discharge
1.5.2.1 In this section, the owner or operator must identify the
worst case discharge volume at the facility. Worksheets for production
and non-production facility owners or operators to use when calculating
worst case discharge are presented in Appendix D to this part. When
planning for the worst case discharge response, all of the
aforementioned factors listed in the small and medium discharge section
of the response plan shall be addressed.
1.5.2.2 For onshore storage facilities and production facilities,
permanently manifolded oil storage tanks are defined as tanks that are
designed, installed, and/or operated in such a manner that the multiple
tanks function as one storage unit (i.e., multiple tank volumes are
equalized). In this section of the response plan, owners or operators
must provide evidence that oil storage tanks with common piping or
piping systems are not operated as one unit. If such evidence is
provided and is acceptable to the RA, the worst case discharge volume
shall be based on the combined oil storage capacity of all manifold
tanks or the oil storage capacity of the largest single oil storage tank
within the secondary containment area, whichever is greater. For
permanently manifolded oil storage tanks that function as one storage
unit, the worst case discharge shall be based on the combined oil
storage capacity of all manifolded tanks or the oil storage capacity of
the largest single tank within a secondary containment area, whichever
is greater. For purposes of the worst case discharge calculation,
permanently manifolded oil storage tanks that are separated by internal
divisions for each tank are considered to be single tanks and individual
manifolded tank volumes are not combined.
1.6 Discharge Detection Systems
In this section, the facility owner or operator shall provide a
detailed description of the procedures and equipment used to detect
discharges. A section on discharge detection by personnel and a
discussion of automated discharge detection, if applicable, shall be
included for both regular operations and after hours operations. In
addition, the facility owner or operator shall discuss how the
reliability of any automated system will be checked and how frequently
the system will be inspected.
1.6.1 Discharge Detection by Personnel
In this section, facility owners or operators shall describe the
procedures and personnel that will detect any discharge of oil or
release of a hazardous substance. A thorough discussion of facility
inspections must be included. In addition, a description of initial
response actions shall be addressed. This section shall reference
section 1.3.1 of the response plan for emergency response information.
[[Page 100]]
1.6.2 Automated Discharge Detection
In this section, facility owners or operators must describe any
automated discharge detection equipment that the facility has in place.
This section shall include a discussion of overfill alarms, secondary
containment sensors, etc. A discussion of the plans to verify an
automated alarm and the actions to be taken once verified must also be
included.
1.7 Plan Implementation
In this section, facility owners or operators must explain in detail
how to implement the facility's emergency response plan by describing
response actions to be carried out under the plan to ensure the safety
of the facility and to mitigate or prevent discharges described in
section 1.5 of the response plan. This section shall include the
identification of response resources for small, medium, and worst case
discharges; disposal plans; and containment and drainage planning. A
list of those personnel who would be involved in the cleanup shall be
identified. Procedures that the facility will use, where appropriate or
necessary, to update their plan after an oil discharge event and the
time frame to update the plan must be described.
1.7.1 Response Resources for Small, Medium, and Worst Case Discharages
1.7.1.1 Once the discharge scenarios have been identified in
section 1.5 of the response plan, the facility owner or operator shall
identify and describe implementation of the response actions. The
facility owner or operator shall demonstrate accessibility to the proper
response personnel and equipment to effectively respond to all of the
identified discharge scenarios. The determination and demonstration of
adequate response capability are presented in Appendix E to this part.
In addition, steps to expedite the cleanup of oil discharges must be
discussed. At a minimum, the following items must be addressed:
(1) Emergency plans for spill response;
(2) Additional response training;
(3) Additional contracted help;
(4) Access to additional response equipment/experts; and
(5) Ability to implement the plan including response training and
practice drills.
1.7.1.2A recommended form detailing immediate actions follows.
Oil Spill Response--Immediate Actions
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1. Stop the product flow.................. Act quickly to secure pumps,
close valves, etc.
2. Warn personnel......................... Enforce safety and security
measures.
3. Shut off ignition sources.............. Motors, electrical circuits,
open flames, etc.
4. Initiate containment................... Around the tank and/or in
the water with oil boom.
5. Notify NRC............................. 1-800-424-8802
6. Notify OSC
7. Notify, as appropriate
------------------------------------------------------------------------
Source: FOSS, Oil Spill Response--Emergency Procedures, Revised December
3, 1992.
1.7.2 Disposal Plans
1.7.2.1 Facility owners or operators must describe how and where
the facility intends to recover, reuse, decontaminate, or dispose of
materials after a discharge has taken place. The appropriate permits
required to transport or dispose of recovered materials according to
local, State, and Federal requirements must be addressed. Materials that
must be accounted for in the disposal plan, as appropriate, include:
(1) Recovered product;
(2) Contaminated soil;
(3) Contaminated equipment and materials, including drums, tank
parts, valves, and shovels;
(4) Personnel protective equipment;
(5) Decontamination solutions;
(6) Adsorbents; and
(7) Spent chemicals.
1.7.2.2 These plans must be prepared in accordance with Federal
(e.g., the Resource Conservation and Recovery Act [RCRA]), State, and
local regulations, where applicable. A copy of the disposal plans from
the facility's SPCC Plan may be inserted with this section, including
any diagrams in those plans.
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Disposal RCRA permit/
Material facility Location manifest
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1.
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2.
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3.
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4.
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1.7.3 Containment and Drainage Planning
A proper plan to contain and control a discharge through drainage
may limit the threat of harm to human health and the environment. This
section shall describe how to contain and control a discharge through
drainage, including:
[[Page 101]]
(1) The available volume of containment (use the information
presented in section 1.4.1 of the response plan);
(2) The route of drainage from oil storage and transfer areas;
(3) The construction materials used in drainage troughs;
(4) The type and number of valves and separators used in the
drainage system;
(5) Sump pump capacities;
(6) The containment capacity of weirs and booms that might be used
and their location (see section 1.3.2 of this appendix); and
(7) Other cleanup materials.
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 Self-Inspection, Drills/Exercises, and Response Training
The owner or operator must develop programs for facility response
training and for drills/exercises according to the requirements of 40
CFR 112.21. Logs must be kept for facility drills/exercises, personnel
response training, and spill prevention meetings. Much of the
recordkeeping information required by this section is also contained in
the SPCC Plan required by 40 CFR 112.3. These logs may be included in
the facility response plan or kept as an annex to the facility response
plan.
1.8.1 Facility Self-Inspection
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. Duplicate information from the
SPCC Plan may be photocopied and inserted in this section. The
inspection checklist consists of the following items:
Tank Inspection Checklist
1. Check tanks for leaks, specifically looking for:
A. drip marks;
B. discoloration of tanks;
C. puddles containing spilled or leaked material;
D. corrosion;
E. cracks; and
F. localized dead vegetation.
2. Check foundation for:
A. cracks;
B. discoloration;
C. puddles containing spilled or leaked material;
D. settling;
E. gaps between tank and foundation; and
F. damage caused by vegetation roots.
3. Check piping for:
A. droplets of stored material;
B. discoloration;
C. corrosion;
D. bowing of pipe between supports;
E. evidence of stored material seepage from valves or seals; and
F. localized dead vegetation.
Tank/Surface Impoundment Inspection Log
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Inspector Tank or SI Date Comments
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[[Page 102]]
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1.8.1.2 Response Equipment Inspection
Using the Emergency Response Equipment List provided in section
1.3.2 of the response plan, describe each type of response equipment,
checking for the following:
Response Equipment Checklist
1. Inventory (item and quantity);
2. Storage location;
3. Accessibility (time to access and respond);
4. Operational status/condition;
5. Actual use/testing (last test date and frequency of testing); and
6. Shelf life (present age, expected replacement date).
Please note any discrepancies between this list and the available
response equipment.
Response Equipment Inspection Log
[Use section 1.3.2 of the response plan as a checklist]
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Inspector Date Comments
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[[Page 103]]
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1.8.1.3 Secondary Containment Inspection
Inspect the secondary containment (as described in sections 1.4.1
and 1.7.2 of the response plan), checking the following:
Secondary Containment Checklist
1. Dike or berm system.
A. Level of precipitation in dike/available capacity;
B. Operational status of drainage valves;
C. Dike or berm permeability;
D. Debris;
E. Erosion;
F. Permeability of the earthen floor of diked area; and
G. Location/status of pipes, inlets, drainage beneath tanks, etc.
2. Secondary containment
A. Cracks;
B. Discoloration;
C. Presence of spilled or leaked material (standing liquid);
D. Corrosion; and
E. Valve conditions.
3. Retention and drainage ponds
A. Erosion;
B. Available capacity;
C. Presence of spilled or leaked material;
D. Debris; and
E. Stressed vegetation.
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. Similar requirements exist in
40 CFR 112.7(e). Duplicate information from the SPCC Plan may be
photocopied and inserted in this section.
1.8.2 Facility Drills/Exercises
(A) CWA section 311(j)(5), as amended by OPA, requires the response
plan to contain a description of facility drills/exercises. According to
40 CFR 112.21(c), the facility owner or operator shall develop a program
of facility response drills/exercises, including evaluation procedures.
Following the PREP guidelines (see Appendix E to this part, section 13,
for availability) would satisfy a facility's requirements for drills/
exercises under this part. Alternately, under Sec. 112.21(c), a facility
owner or operator may develop a program that is not based on the PREP
guidelines. Such a program is subject to approval by the Regional
Administrator based on the description of the program provided in the
response plan.
(B) The PREP Guidelines specify that the facility conduct internal
and external drills/exercises. The internal exercises include: qualified
individual notification drills, spill management team tabletop
exercises, equipment deployment exercises, and unannounced exercises.
External exercises include Area Exercises. Credit for an Area or
Facility-specific Exercise will be given to the facility for an actual
response to a discharge in the area if the plan was utilized for
response to the discharge and the objectives of the Exercise were met
and were properly evaluated, documented, and self-certified.
(C) Section 112.20(h)(8)(ii) requires the facility owner or operator
to provide a description of the drill/exercise program to be carried out
under the response plan. Qualified Individual Notification Drill and
Spill Management Team Tabletop Drill logs shall be provided in sections
1.8.2.1 and 1.8.2.2, respectively. These logs may be included in the
facility response plan or kept as an annex to the facility response
plan. See section 1.3.3 of this appendix for Equipment Deployment Drill
Logs.
[[Page 104]]
1.8.2.1 Qualified Individual Notification Drill Logs
Qualified Individual Notification Drill Log
Date:___________________________________________________________________
Company:________________________________________________________________
Qualified Individual(s):________________________________________________
Emergency Scenario:_____________________________________________________
________________________________________________________________________
________________________________________________________________________
Evaluation:_____________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Changes to be Implemented:______________________________________________
________________________________________________________________________
________________________________________________________________________
Time Table for Implementation:__________________________________________
________________________________________________________________________
1.8.2.2 Spill Management Team Tabletop Exercise Logs
Spill Management Team Tabletop Exercise Log
Date:___________________________________________________________________
Company:________________________________________________________________
Qualified Individual(s):________________________________________________
Emergency Scenario:_____________________________________________________
________________________________________________________________________
________________________________________________________________________
Evaluation:_____________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Changes to be Implemented:______________________________________________
________________________________________________________________________
________________________________________________________________________
Time Table for Implementation:__________________________________________
1.8.3 Response Training
Section 112.21(a) requires facility owners or operators to develop
programs for facility response training. Facility owners or operators
are required by Sec. 112.20(h)(8)(iii) to provide a description of the
response training program to be carried out under the response plan. A
facility's training program can be based on the USCG's Training Elements
for Oil Spill Response, to the extent applicable to facility operations,
or another response training program acceptable to the RA. The training
elements are available from the USCG Office of Response (G-MOR) at (202)
267-0518 or fax (202) 267-4085. Personnel response training logs and
discharge prevention meeting logs shall be included in sections 1.8.3.1
and 1.8.3.2 of the response plan respectively. These logs may be
included in the facility response plan or kept as an annex to the
facility response plan.
1.8.3.1 Personnel Response Training Logs
Personnel Response Training Log
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Response training/ Prevention training/
Name date and number of date and number of
hours hours
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1.8.3.2 Discharge Prevention Meetings Logs
Discharge Prevention Meeting Log
Date:___________________________________________________________________
Attendees:______________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
[[Page 105]]
________________________________________________________________________
------------------------------------------------------------------------
Subject/issue identified Required action Implementation date
------------------------------------------------------------------------
------------------------------------------------------------------------
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1.9 Diagrams
The facility-specific response plan shall include the following
diagrams. Additional diagrams that would aid in the development of
response plan sections may also be included.
(1) The Site Plan Diagram shall, as appropriate, include and identify:
(A) the entire facility to scale;
(B) above and below ground bulk oil storage tanks;
(C) the contents and capacities of bulk oil storage tanks;
(D) the contents and capacity of drum oil storage areas;
(E) the contents and capacities of surface impoundments;
(F) process buildings;
(G) transfer areas;
(H) secondary containment systems (location and capacity);
(I) structures where hazardous materials are stored or handled,
including materials stored and capacity of storage;
(J) location of communication and emergency response equipment;
(K) location of electrical equipment which contains oil; and
(L) for complexes only, the interface(s) (i.e., valve or component)
between the portion of the facility regulated by EPA and the portion(s)
regulated by other Agencies. In most cases, this interface is defined as
the last valve inside secondary containment before piping leaves the
secondary containment area to connect to the transportation-related
portion of the facility (i.e., the structure used or intended to be used
to transfer oil to or from a vessel or pipeline). In the absence of
secondary containment, this interface is the valve manifold adjacent to
the tank nearest the transfer structure as described above. The
interface may be defined differently at a specific facility if agreed to
by the RA and the appropriate Federal official.
(2) The Site Drainage Plan Diagram shall, as appropriate, include:
(A) major sanitary and storm sewers, manholes, and drains;
(B) weirs and shut-off valves;
(C) surface water receiving streams;
(D) fire fighting water sources;
(E) other utilities;
(F) response personnel ingress and egress;
(G) response equipment transportation routes; and
(H) direction of discharge flow from discharge points.
(3) The Site Evacuation Plan Diagram shall, as appropriate, include:
(A) site plan diagram with evacuation route(s); and
(B) location of evacuation regrouping areas.
1.10 Security
According to 40 CFR 112.7(g) facilities are required to maintain a
certain level of security, as appropriate. In this section, a
description of the facility security shall be provided and include, as
appropriate:
(1) emergency cut-off locations (automatic or manual valves);
(2) enclosures (e.g., fencing, etc.);
(3) guards and their duties, day and night;
(4) lighting;
(5) valve and pump locks; and
(6) pipeline connection caps.
The SPCC Plan contains similar information. Duplicate information may be
photocopied and inserted in this section.
2.0 Response Plan Cover Sheet
A three-page form has been developed to be completed and submitted
to the RA by owners or operators who are required to prepare and submit
a facility-specific response plan. The cover sheet (Attachment F-1) must
accompany the response plan to provide the Agency with basic information
concerning the facility. This section will describe the Response Plan
Cover Sheet and provide instructions for its completion.
2.1 General Information
Owner/Operator of Facility: Enter the name of the owner of the
facility (if the owner is the operator). Enter the operator of the
facility if otherwise. If the owner/operator of
[[Page 106]]
the facility is a corporation, enter the name of the facility's
principal corporate executive. Enter as much of the name as will fit in
each section.
(1) Facility Name: Enter the proper name of the facility.
(2) Facility Address: Enter the street address, city, State, and zip
code.
(3) Facility Phone Number: Enter the phone number of the facility.
(4) Latitude and Longitude: Enter the facility latitude and
longitude in degrees, minutes, and seconds.
(5) Dun and Bradstreet Number: Enter the facility's Dun and
Bradstreet number if available (this information may be obtained from
public library resources).
(6) 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.)
(7) Largest Oil Storage Tank Capacity: Enter the capacity in GALLONS
of the largest aboveground oil storage tank at the facility.
(8) Maximum Oil Storage Capacity: Enter the total maximum capacity
in GALLONS of all aboveground oil storage tanks at the facility.
(9) Number of Oil Storage Tanks: Enter the number of all aboveground
oil storage tanks at the facility.
(10) Worst Case Discharge Amount: Using information from the
worksheets in Appendix D, enter the amount of the worst case discharge
in GALLONS.
(11) Facility Distance to Navigable Waters: Mark the appropriate
line for the nearest distance between an opportunity for discharge
(i.e., oil storage tank, piping, or flowline) and a navigable water.
2.2 Applicability of Substantial Harm Criteria
Using the flowchart provided in Attachment C-I to Appendix C to this
part, mark the appropriate answer to each question. Explanations of
referenced terms can be found in Appendix C to this part. If a
comparable formula to the ones described in Attachment C-III to Appendix
C to this part is used to calculate the planning distance, documentation
of the reliability and analytical soundness of the formula must be
attached to the response plan cover sheet.
2.3 Certification
Complete this block after all other questions have been answered.
3.0 Acronyms
ACP: Area Contingency Plan
ASTM: American Society of Testing Materials
bbls: Barrels
bpd: Barrels per Day
bph: Barrels per Hour
CHRIS: Chemical Hazards Response Information System
CWA: Clean Water Act
DOI: Department of Interior
DOC: Department of Commerce
DOT: Department of Transportation
EPA: Environmental Protection Agency
FEMA: Federal Emergency Management Agency
FR: Federal Register
gal: Gallons
gpm: Gallons per Minute
HAZMAT: Hazardous Materials
LEPC: Local Emergency Planning Committee
MMS: Minerals Management Service (part of DOI)
NAICS: North American Industrial Classification System
NCP: National Oil and Hazardous Substances Pollution Contingency Plan
NOAA: National Oceanic and Atmospheric Administration (part of DOC)
NRC: National Response Center
NRT: National Response Team
OPA: Oil Pollution Act of 1990
OSC: On-Scene Coordinator
PREP: National Preparedness for Response Exercise Program
RA: Regional Administrator
RCRA: Resource Conservation and Recovery Act
RRC: Regional Response Centers
RRT: Regional Response Team
RSPA: Research and Special Programs Administration
SARA: Superfund Amendments and Reauthorization Act
SERC: State Emergency Response Commission
SDWA: Safe Drinking Water Act of 1986
SI: Surface Impoundment
SPCC: Spill Prevention, Control, and Countermeasures
USCG: United States Coast Guard
4.0 References
CONCAWE. 1982. Methodologies for Hazard Analysis and Risk Assessment
in the Petroleum Refining and Storage Industry. Prepared by CONCAWE's
Risk Assessment Ad-hoc Group.
U.S. Department of Housing and Urban Development. 1987. Siting of
HUD-Assisted Projects Near Hazardous Facilities: Acceptable Separation
Distances from Explosive and Flammable Hazards. Prepared by the Office
of Environment and Energy, Environmental Planning Division, Department
of Housing and Urban Development. Washington, DC.
U.S. DOT, FEMA and U.S. EPA. Handbook of Chemical Hazard Analysis
Procedures.
U.S. DOT, FEMA and U.S. EPA. Technical Guidance for Hazards
Analysis: Emergency
[[Page 107]]
Planning for Extremely Hazardous Substances.
The National Response Team. 1987. Hazardous Materials Emergency
Planning Guide. Washington, DC.
The National Response Team. 1990. Oil Spill Contingency Planning,
National Status: A Report to the President. Washington, DC. U.S.
Government Printing Office.
Offshore Inspection and Enforcement Division. 1988. Minerals
Management Service, Offshore Inspection Program: National Potential
Incident of Noncompliance (PINC) List. Reston, VA.
Attachments to Appendix F
Attachment F-1--Response Plan Cover Sheet
This cover sheet will provide EPA with basic information concerning
the facility. It must accompany a submitted facility response plan.
Explanations and detailed instructions can be found in Appendix F.
Please type or write legibly in blue or black ink. Public reporting
burden for the collection of this information is estimated to vary from
1 hour to 270 hours per response in the first year, with an average of 5
hours per response. This estimate includes time for reviewing
instructions, searching existing data sources, gathering the data
needed, and completing and reviewing the collection of information. Send
comments regarding the burden estimate of this information, including
suggestions for reducing this burden to: Chief, Information Policy
Branch, Mail Code: PM-2822, U.S. Environmental Protection Agency, Ariel
Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; and
to the Office of Information and Regulatory Affairs, Office of
Management and Budget, Washington D.C. 20503.
General Information
Owner/Operator of Facility:
________________________________________________________________________
Facility Name:__________________________________________________________
Facility Address (street address or route):
________________________________________________________________________
________________________________________________________________________
City, State, and U.S. Zip Code:
________________________________________________________________________
Facility Phone No.:_____________________________________________________
Latitude (Degrees: North):
________________________________________________________________________
degrees, minutes, seconds
Dun & Bradstreet Number: \1\
\1\ These numbers may be obtained from public library resources.
---------------------------------------------------------------------------
________________________________________________________________________
Largest Aboveground Oil Storage Tank Capacity (Gallons):
________________________________________________________________________
Number of Aboveground Oil Storage Tanks:
________________________________________________________________________
Longitude (Degrees: West):
________________________________________________________________________
degrees, minutes, seconds_______________________________________________
North American Industrial Classification System (NAICS) Code: \1\_______
________________________________________________________________________
Maximum Oil Storage Capacity (Gallons):_________________________________
Worst Case Oil Discharge Amount (Gallons):______________________________
Facility Distance to Navigable Water. Mark the appropriate line.________
0-\1/4\ mile ---- \1/4\-\1/2\ mile ---- \1/2\-1 mile ---- 1
mile ----
Applicability of Substantial Harm Criteria
Does the facility transfer oil over-water \2\ to or from vessels and
does the facility have a total oil storage capacity greater than or
equal to 42,000 gallons?
---------------------------------------------------------------------------
\2\ Explanations of the above-referenced terms can be found in
Appendix C to this part. If a comparable formula to the ones contained
in Attachment C-III is used to establish the appropriate distance to
fish and wildlife and sensitive environments or public drinking water
intakes, documentation of the reliability and analytical soundness of
the formula must be attached to this form.
---------------------------------------------------------------------------
Yes_____________________________________________________________________
No______________________________________________________________________
Does the facility have a total oil storage capacity greater than or
equal to 1 million gallons and, within any storage area, does the
facility lack secondary containment \2\ that is sufficiently large to
contain the capacity of the largest aboveground oil storage tank plus
sufficient freeboard to allow for precipitation?
Yes_____________________________________________________________________
No______________________________________________________________________
Does the facility have a total oil storage capacity greater than or
equal to 1 million gallons and is the facility located at a distance \2\
(as calculated using the appropriate formula in Appendix C or a
comparable formula) such that a discharge from the facility could cause
injury to fish and wildlife and sensitive environments? \3\
---------------------------------------------------------------------------
\3\ For further description of fish and wildlife and sensitive
environments, see Appendices I, II, and III to DOC/NOAA's ``Guidance for
Facility and Vessel Response Plans: Fish and Wildlife and Sensitive
Environments'' (see Appendix E to this part, section 13, for
availability) and the applicable ACP.
---------------------------------------------------------------------------
Yes_____________________________________________________________________
No______________________________________________________________________
Does the facility have a total oil storage capacity greater than or
equal to 1 million
[[Page 108]]
gallons and is the facility located at a distance \2\ (as calculated
using the appropriate formula in Appendix C or a comparable formula)
such that a discharge from the facility would shut down a public
drinking water intake? \2\______________________________________________
Yes_____________________________________________________________________
No______________________________________________________________________
Does the facility have a total oil storage capacity greater than or
equal to 1 million gallons and has the facility experienced a reportable
oil spill \2\ in an amount greater than or equal to 10,000 gallons
within the last 5 years?
Yes_____________________________________________________________________
No______________________________________________________________________
Certification
I certify under penalty of law that I have personally examined and
am familiar with the information submitted in this document, and that
based on my inquiry of those individuals responsible for obtaining
information, I believe that the submitted information is true, accurate,
and complete.
Signature:______________________________________________________________
Name (Please type or print):____________________________________________
________________________________________________________________________
Title:__________________________________________________________________
Date:___________________________________________________________________
[59 FR 34122, July 1, 1994; 59 FR 49006, Sept. 26, 1994, as amended at
65 FR 40816, June 30, 2000; 65 FR 43840, July 14, 2000; 66 FR 34561,
June 29, 2001; 67 FR 47152, July 17, 2002]