[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: 40CFR112.7]

[Page 29-32]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 112--OIL POLLUTION PREVENTION--Table of Contents
 
Subpart A--Applicability, Definitions, and General Requirements for All 
                    Facilities and All Types of Oils
 
Sec. 112.7  General requirements for Spill Prevention, Control, and 
Countermeasure Plans.

    If you are the owner or operator of a facility subject to this part 
you must prepare a Plan in accordance with good engineering practices. 
The Plan must have the full approval of management at a level of 
authority to commit the necessary resources to fully implement the Plan. 
You must prepare the Plan in writing. If you do not follow the sequence 
specified in this section for the Plan, you must prepare an equivalent 
Plan acceptable to the Regional Administrator that meets all of the 
applicable requirements listed in this part, and you must supplement it 
with a section cross-referencing the location of requirements listed in 
this part and the equivalent requirements in the other prevention plan. 
If the Plan calls for additional facilities or procedures, methods, or 
equipment not yet fully operational, you must discuss these items in 
separate paragraphs, and must explain separately the details of 
installation and operational start-up. As detailed elsewhere in this 
section, you must also:
    (a)(1) Include a discussion of your facility's conformance with the 
requirements listed in this part.
    (2) Comply with all applicable requirements listed in this part. 
Your Plan may deviate from the requirements in paragraphs (g), (h)(2) 
and (3), and (i) of this section and the requirements in subparts B and 
C of this part, except the secondary containment requirements in 
paragraphs (c) and (h)(1) of this section, and 
Secs. 112.8(c)(2),112.8(c)(11), 112.9(c)(2), 112.10(c), 112.12(c)(2), 
112.12(c)(11),112.13(c)(2), and 112.14(c), where applicable to a 
specific facility, if you provide equivalent environmental protection by 
some other means of spill prevention, control, or countermeasure. Where 
your Plan does not conform to the applicable requirements in paragraphs 
(g), (h)(2) and (3), and (i) of this section, or the requirements of 
subparts B and C of this part, except the secondary containment 
requirements in paragraphs (c) and (h)(1) of this section, and 
Secs. 112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.10(c), 112.12(c)(2), 
112.12(c)(11), 112.13(c)(2), and 112.14(c), you must state the reasons 
for nonconformance in your Plan and describe in detail alternate methods 
and how you will achieve equivalent environmental protection. If the 
Regional Administrator determines that the measures described in your 
Plan do not provide equivalent environmental protection, he may require 
that you amend your Plan, following the procedures in Sec. 112.4(d) and 
(e).
    (3) Describe in your Plan the physical layout of the facility and 
include a facility diagram, which must mark the location and contents of 
each container. The facility diagram must include completely buried 
tanks that are otherwise exempted from the requirements of this part 
under Sec. 112.1(d)(4). The facility diagram must also include all 
transfer stations and connecting pipes. You must also address in your 
Plan:
    (i) The type of oil in each container and its storage capacity;
    (ii) Discharge prevention measures including procedures for routine 
handling of products (loading, unloading, and facility transfers, etc.);

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    (iii) Discharge or drainage controls such as secondary containment 
around containers and other structures, equipment, and procedures for 
the control of a discharge;
    (iv) Countermeasures for discharge discovery, response, and cleanup 
(both the facility's capability and those that might be required of a 
contractor);
    (v) Methods of disposal of recovered materials in accordance with 
applicable legal requirements; and
    (vi) Contact list and phone numbers for the facility response 
coordinator, National Response Center, cleanup contractors with whom you 
have an agreement for response, and all appropriate Federal, State, and 
local agencies who must be contacted in case of a discharge as described 
in Sec. 112.1(b).
    (4) Unless you have submitted a response plan under Sec. 112.20, 
provide information and procedures in your Plan to enable a person 
reporting a discharge as described in Sec. 112.1(b) to relate 
information on the exact address or location and phone number of the 
facility; the date and time of the discharge, the type of material 
discharged; estimates of the total quantity discharged; estimates of the 
quantity discharged as described in Sec. 112.1(b); the source of the 
discharge; a description of all affected media; the cause of the 
discharge; any damages or injuries caused by the discharge; actions 
being used to stop, remove, and mitigate the effects of the discharge; 
whether an evacuation may be needed; and, the names of individuals and/
or organizations who have also been contacted.
    (5) Unless you have submitted a response plan under Sec. 112.20, 
organize portions of the Plan describing procedures you will use when a 
discharge occurs in a way that will make them readily usable in an 
emergency, and include appropriate supporting material as appendices.
    (b) Where experience indicates a reasonable potential for equipment 
failure (such as loading or unloading equipment, tank overflow, rupture, 
or leakage, or any other equipment known to be a source of a discharge), 
include in your Plan a prediction of the direction, rate of flow, and 
total quantity of oil which could be discharged from the facility as a 
result of each type of major equipment failure.
    (c) Provide appropriate containment and/or diversionary structures 
or equipment to prevent a discharge as described in Sec. 112.1(b). The 
entire containment system, including walls and floor, must be capable of 
containing oil and must be constructed so that any discharge from a 
primary containment system, such as a tank or pipe, will not escape the 
containment system before cleanup occurs. At a minimum, you must use one 
of the following prevention systems or its equivalent:
    (1) For onshore facilities:
    (i) Dikes, berms, or retaining walls sufficiently impervious to 
contain oil;
    (ii) Curbing;
    (iii) Culverting, gutters, or other drainage systems;
    (iv) Weirs, booms, or other barriers;
    (v) Spill diversion ponds;
    (vi) Retention ponds; or
    (vii) Sorbent materials.
    (2) For offshore facilities:
    (i) Curbing or drip pans; or
    (ii) Sumps and collection systems.
    (d) If you determine that the installation of any of the structures 
or pieces of equipment listed in paragraphs (c) and (h)(1) of this 
section, and Secs. 112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.10(c), 
112.12(c)(2), 112.12(c)(11), 112.13(c)(2), and 112.14(c) to prevent a 
discharge as described in Sec. 112.1(b) from any onshore or offshore 
facility is not practicable, you must clearly explain in your Plan why 
such measures are not practicable; for bulk storage containers, conduct 
both periodic integrity testing of the containers and periodic integrity 
and leak testing of the valves and piping; and, unless you have 
submitted a response plan under Sec. 112.20, provide in your Plan the 
following:
    (1) An oil spill contingency plan following the provisions of part 
109 of this chapter.
    (2) A written commitment of manpower, equipment, and materials 
required to expeditiously control and remove any quantity of oil 
discharged that may be harmful.
    (e) Inspections, tests, and records. Conduct inspections and tests 
required by this part in accordance with written procedures that you or 
the certifying

[[Page 31]]

engineer develop for the facility. You must keep these written 
procedures and a record of the inspections and tests, signed by the 
appropriate supervisor or inspector, with the SPCC Plan for a period of 
three years. Records of inspections and tests kept under usual and 
customary business practices will suffice for purposes of this 
paragraph.
    (f) Personnel, training, and discharge prevention procedures. (1) At 
a minimum, train your oil-handling personnel in the operation and 
maintenance of equipment to prevent discharges; discharge procedure 
protocols; applicable pollution control laws, rules, and regulations; 
general facility operations; and, the contents of the facility SPCC 
Plan.
    (2) Designate a person at each applicable facility who is 
accountable for discharge prevention and who reports to facility 
management.
    (3) Schedule and conduct discharge prevention briefings for your 
oil-handling personnel at least once a year to assure adequate 
understanding of the SPCC Plan for that facility. Such briefings must 
highlight and describe known discharges as described in Sec. 112.1(b) or 
failures, malfunctioning components, and any recently developed 
precautionary measures.
    (g) Security (excluding oil production facilities). (1) Fully fence 
each facility handling, processing, or storing oil, and lock and/or 
guard entrance gates when the facility is not in production or is 
unattended.
    (2) Ensure that the master flow and drain valves and any other 
valves permitting direct outward flow of the container's contents to the 
surface have adequate security measures so that they remain in the 
closed position when in non-operating or non-standby status.
    (3) Lock the starter control on each oil pump in the ``off'' 
position and locate it at a site accessible only to authorized personnel 
when the pump is in a non-operating or non-standby status.
    (4) Securely cap or blank-flange the loading/unloading connections 
of oil pipelines or facility piping when not in service or when in 
standby service for an extended time. This security practice also 
applies to piping that is emptied of liquid content either by draining 
or by inert gas pressure.
    (5) Provide facility lighting commensurate with the type and 
location of the facility that will assist in the:
    (i) Discovery of discharges occurring during hours of darkness, both 
by operating personnel, if present, and by non-operating personnel (the 
general public, local police, etc.); and
    (ii) Prevention of discharges occurring through acts of vandalism.
    (h) Facility tank car and tank truck loading/unloading rack 
(excluding offshore facilities). (1) Where loading/unloading area 
drainage does not flow into a catchment basin or treatment facility 
designed to handle discharges, use a quick drainage system for tank car 
or tank truck loading and unloading areas. You must design any 
containment system to hold at least the maximum capacity of any single 
compartment of a tank car or tank truck loaded or unloaded at the 
facility.
    (2) Provide an interlocked warning light or physical barrier system, 
warning signs, wheel chocks, or vehicle break interlock system in 
loading/unloading areas to prevent vehicles from departing before 
complete disconnection of flexible or fixed oil transfer lines.
    (3) Prior to filling and departure of any tank car or tank truck, 
closely inspect for discharges the lowermost drain and all outlets of 
such vehicles, and if necessary, ensure that they are tightened, 
adjusted, or replaced to prevent liquid discharge while in transit.
    (i) If a field-constructed aboveground container undergoes a repair, 
alteration, reconstruction, or a change in service that might affect the 
risk of a discharge or failure due to brittle fracture or other 
catastrophe, or has discharged oil or failed due to brittle fracture 
failure or other catastrophe, evaluate the container for risk of 
discharge or failure due to brittle fracture or other catastrophe, and 
as necessary, take appropriate action.
    (j) In addition to the minimal prevention standards listed under 
this section, include in your Plan a complete discussion of conformance 
with the applicable requirements and other effective discharge 
prevention and containment procedures listed in this part or

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any applicable more stringent State rules, regulations, and guidelines.