[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR194.121]

[Page 149-152]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 194_RESPONSE PLANS FOR ONSHORE OIL PIPELINES--Table of Contents
 
                        Subpart B_Response Plans
 
Sec. 194.121  Response plan review and update procedures.

    (a) Each operator shall review its response plan at least every 5 
years from the date of submission and modify the plan to address new or 
different operating conditions or information included in the plan.
    (b) If a new or different operating condition or information would 
substantially affect the implementation of a response plan, the operator 
must immediately modify its response plan to address such a change and, 
within 30 days of making such a change, submit the change to RSPA. 
Examples of changes in operating conditions that would cause a 
significant change to an operator's response plan are:
    (1) An extension of the existing pipeline or construction of a new 
pipeline in a response zone not covered by the previously approved plan;
    (2) Relocation or replacement of the pipeline in a way that 
substantially affects the information included in the response plan, 
such as a change to the worst case discharge volume;
    (3) The type of oil transported, if the type affects the required 
response resources, such as a change from crude oil to gasoline;
    (4) The name of the oil spill removal organization;
    (5) Emergency response procedures;
    (6) The qualified individual;
    (7) A change in the NCP or an ACP that has significant impact on the 
equipment appropriate for response activities; and
    (8) Any other information relating to circumstances that may affect 
full implementation of the plan.
    (c) If RSPA determines that a change to a response plan does not 
meet the requirements of this part, RSPA will notify the operator of any 
alleged deficiencies, and provide the operator an opportunity to 
respond, including an opportunity for an informal conference, to any 
proposed plan revisions and an opportunity to correct any deficiencies.
    (d) An operator who disagrees with a determination that proposed 
revisions to a plan are deficient may petition RSPA for reconsideration, 
within 30 days from the date of receipt of RSPA's notice. After 
considering all relevant material presented in writing or at the 
conference, RSPA will notify the operator of its final decision. The 
operator must comply with the final decision within 30 days of issuance 
unless RSPA allows additional time.

[58 FR 253, Jan. 5, 1993, as amended by Amdt. 194-1, 62 FR 67293, Dec. 
24, 1997]

Appendix A to Part 194--Guidelines for the Preparation of Response Plans

    This appendix provides a recommended form for the preparation and 
submission of response plans required by 49 CFR part 194. Operators may 
use other forms provided the form chosen provides the information 
required by 49 CFR part 194.

              Response Plan: Section 1. Information Summary

    Section 1 would include the following:
    (a) For the core plan:
    (1) The name and address of the operator; and

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    (2) For each response zone which contains one or more line sections 
that meet the criteria for determining significant and substantial harm 
as described in Sec. 194.103, a listing and description of the response 
zones, including county(s) and state(s).
    (b) For each response zone appendix:
    (1) The information summary for the core plan;
    (2) The name and telephone number of the qualified individual, 
available on a 24-hour basis;
    (3) A description of the response zone, including county(s) and 
state(s) in which a worst case discharge could cause substantial harm to 
the environment;
    (4) A list of line sections contained in the response zone, 
identified by milepost or survey station number or other operator 
designation.
    (5) The basis for the operator's determination of significant and 
substantial harm; and
    (6) The type of oil and volume of the worst case discharge.
    (c) The certification that the operator has obtained, through 
contract or other approved means, the necessary private personnel and 
equipment to respond, to the maximum extent practicable, to a worst case 
discharge or a substantial threat of such a discharge.

            Response Plan: Section 2. Notification Procedures

    Section 2 would include the following:
    (a) Notification requirements that apply in each area of operation 
of pipelines covered by the plan, including applicable State or local 
requirements;
    (b) A checklist of notifications the operator or qualified 
individual is required to make under the response plan, listed in the 
order of priority;
    (c) Names of persons (individuals or organizations) to be notified 
of a discharge, indicating whether notification is to be performed by 
operating personnel or other personnel;
    (d) Procedures for notifying qualified individuals;
    (e) The primary and secondary communication methods by which 
notifications can be made; and
    (f) The information to be provided in the initial and each follow-up 
notification, including the following:
    (1) Name of pipeline;
    (2) Time of discharge;
    (3) Location of discharge;
    (4) Name of oil involved;
    (5) Reason for discharge (e.g., material failure, excavation damage, 
corrosion);
    (6) Estimated volume of oil discharged;
    (7) Weather conditions on scene; and
    (8) Actions taken or planned by persons on scene.

Response Plan: Section 3. Spill Detection and On-Scene Spill Mitigation 
                               Procedures

    Section 3 would include the following:
    (a) Methods of initial discharge detection;
    (b) Procedures, listed in the order of priority, that personnel are 
required to follow in responding to a pipeline emergency to mitigate or 
prevent any discharge from the pipeline;
    (c) A list of equipment that may be needed in response activities on 
land and navigable waters, including--
    (1) Transfer hoses and connection equipment;
    (2) Portable pumps and ancillary equipment; and
    (3) Facilities available to transport and receive oil from a leaking 
pipeline;
    (d) Identification of the availability, location, and contact 
telephone numbers to obtain equipment for response activities on a 24-
hour basis; and
    (e) Identification of personnel and their location, telephone 
numbers, and responsibilities for use of equipment in response 
activities on a 24-hour basis.

              Response Plan: Section 4. Response Activities

    Section 4 would include the following:
    (a) Responsibilities of, and actions to be taken by, operating 
personnel to initiate and supervise response actions pending the arrival 
of the qualified individual or other response resources identified in 
the response plan;
    (b) The qualified individual's responsibilities and authority, 
including notification of the response resources identified in the plan;
    (c) Procedures for coordinating the actions of the operator or 
qualified individual with the action of the OSC responsible for 
monitoring or directing those actions;
    (d) Oil spill response organizations available, through contract or 
other approved means, to respond to a worst case discharge to the 
maximum extent practicable; and
    (e) For each organization identified under paragraph (d) of this 
section, a listing of:
    (1) Equipment and supplies available; and
    (2) Trained personnel necessary to continue operation of the 
equipment and staff the oil spill removal organization for the first 7 
days of the response.

               Response Plan: Section 5. List of Contacts

    Section 5 would include the names and addresses of the following 
individuals or organizations, with telephone numbers at which they can 
be contacted on a 24-hour basis:
    (a) A list of persons the plan requires the operator to contact;
    (b) Qualified individuals for the operator's areas of operation;
    (c) Applicable insurance representatives or surveyors for the 
operator's areas of operation; and

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    (d) Persons or organizations to notify for activation of response 
resources.

              Response plan: Section 6. Training Procedures

    Section 6 would include a description of the training procedures and 
programs of the operator.

               Response plan: Section 7. Drill Procedures

    Section 7 would include a description of the drill procedures and 
programs the operator uses to assess whether its response plan will 
function as planned. It would include:
    (a) Announced and unannounced drills;
    (b) The types of drills and their frequencies. For example, drills 
could be described as follows:
    (1) Manned pipeline emergency procedures and qualified individual 
notification drills conducted quarterly.
    (2) Drills involving emergency actions by assigned operating or 
maintenance personnel and notification of the qualified individual on 
pipeline facilities which are normally unmanned, conducted quarterly.
    (3) Shore-based spill management team tabletop drills conducted 
yearly.
    (4) Oil spill removal organization field equipment deployment drills 
conducted yearly.
    (5) A drill that exercises the entire response plan for each 
response zone, would be conducted at least once every 3 years.

  Response plan: Section 8. Response Plan Review and Update Procedures

    Section 8 would include the following:
    (a) Procedures to meet Sec. 194.121; and
    (b) Procedures to review the plan after a worst case discharge and 
to evaluate and record the plan's effectiveness.

           Response plan: Section 9. Response Zone Appendices.

    Each response zone appendix would provide the following information:
    (a) The name and telephone number of the qualified individual;
    (b) Notification procedures;
    (c) Spill detection and mitigation procedures;
    (d) Name, address, and telephone number of oil spill response 
organization;
    (e) Response activities and response resources including--
    (1) Equipment and supplies necessary to meet Sec. 194.115, and
    (2) The trained personnel necessary to sustain operation of the 
equipment and to staff the oil spill removal organization and spill 
management team for the first 7 days of the response;
    (f) Names and telephone numbers of Federal, state and local agencies 
which the operator expects to assume pollution response 
responsibilities;
    (g) The worst case discharge volume;
    (h) The method used to determine the worst case discharge volume, 
with calculations;
    (i) A map that clearly shows--
    (1) The location of the worst case discharge, and
    (2) The distance between each line section in the response zone 
and--
    (i) Each potentially affected public drinking water intake, lake, 
river, and stream within a radius of 5 miles (8 kilometers) of the line 
section, and
    (ii) Each potentially affected environmentally sensitive area within 
a radius of 1 mile (1.6 kilometer) of the line section;
    (j) A piping diagram and plan-profile drawing of each line section, 
which may be kept separate from the response plan if the location is 
identified; and
    (k) For every oil transported by each pipeline in the response zone, 
emergency response data that--
    (1) Include the name, description, physical and chemical 
characteristics, health and safety hazards, and initial spill-handling 
and firefighting methods; and
    (2) Meet 29 CFR 1910.1200 or 49 CFR 172.602.

[58 FR 253, Jan. 5, 1993, as amended by Amdt. 194-3, 63 FR 37505, July 
13, 1998]

                Appendix B to Part 194--High Volume Areas

    As of January 5, 1993 the following areas are high volume areas:

------------------------------------------------------------------------
               Major rivers                    Nearest town and state
------------------------------------------------------------------------
Arkansas River............................  N. Little Rock, AR.
Arkansas River............................  Jenks, OK.
Arkansas River............................  Little Rock, AR.
Black Warrior River.......................  Moundville, AL.
Black Warrior River.......................  Akron, AL.
Brazos River..............................  Glen Rose, TX.
Brazos River..............................  Sealy, TX.
Catawba River.............................  Mount Holly, NC.
Chattahoochee River.......................  Sandy Springs, GA.
Colorado River............................  Yuma, AZ.
Colorado River............................  LaPaz, AZ.
Connecticut River.........................  Lancaster, NH.
Coosa River...............................  Vincent, AL.
Cumberland River..........................  Clarksville, TN.
Delaware River............................  Frenchtown, NJ.
Delaware River............................  Lower Chichester, NJ.
Gila River................................  Gila Bend, AZ.
Grand River...............................  Bosworth, MO.
Illinois River............................  Chillicothe, IL.
Illinois River............................  Havanna, IL.
James River...............................  Arvonia, VA.
Kankakee River............................  Kankakee, IL.
Kankakee River............................  South Bend, IN.
Kankakee River............................  Wilmington, IL.
Kentucky River............................  Salvisa, KY.
Kentucky River............................  Worthville, KY.
Maumee River..............................  Defiance, OH.
Maumee River..............................  Toledo, OH.
Mississippi River.........................  Myrtle Grove, LA.
Mississippi River.........................  Woodriver, IL.
Mississippi River.........................  Chester, IL.
Mississippi River.........................  Cape Girardeau, MO.

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Mississippi River.........................  Woodriver, IL.
Mississippi River.........................  St. James, LA.
Mississippi River.........................  New Roads, LA.
Mississippi River.........................  Ball Club, MN.
Mississippi River.........................  Mayersville, MS.
Mississippi River.........................  New Roads, LA.
Mississippi River.........................  Quincy, IL.
Mississippi River.........................  Ft. Madison, IA.
Missouri River............................  Waverly, MO.
Missouri River............................  St. Joseph, MO.
Missouri River............................  Weldon Springs, MO.
Missouri River............................  New Frankfort, MO.
Naches River..............................  Beaumont, TX.
Ohio River................................  Joppa, IL.
Ohio River................................  Cincinnati, OH.
Ohio River................................  Owensboro, KY.
Pascagoula River..........................  Lucedale, MS.
Pascagoula River..........................  Wiggins, MS.
Pearl River...............................  Columbia, MS.
Pearl River...............................  Oria, TX.
Platte River..............................  Ogaliala, NE.
Potomac River.............................  Reston, VA.
Rappahannock River........................  Midland, VA.
Raritan River.............................  South Bound Brook, NJ.
Raritan River.............................  Highland Park, NJ.
Red River (of the South)..................  Hanna, LA.
Red River (of the South)..................  Bonham, TX.
Red River (of the South)..................  Dekalb, TX.
Red River (of the South)..................  Sentell Plantation, LA.
Red River (of the North)..................  Wahpeton, ND.
Rio Grande................................  Anthony, NM.
Sabine River..............................  Edgewood, TX.
Sabine River..............................  Leesville, LA.
Sabine River..............................  Orange, TX.
Sabine River..............................  Echo, TX.
Savannah River............................  Hartwell, GA.
Smokey Hill River.........................  Abilene, KS.
Susquehanna River.........................  Darlington, MD.
Tenessee River............................  New Johnsonville, TN.
Wabash River..............................  Harmony, IN.
Wabash River..............................  Terre Haute, IN.
Wabash River..............................  Mt. Carmel, IL.
White River...............................  Batesville, AR.
White River...............................  Grand Glaise, AR.
Wisconsin River...........................  Wisconsin Rapids, WI.
Yukon River...............................  Fairbanks, AK.
------------------------------------------------------------------------

                         Other Navigable Waters

Arthur Kill Channel, NY
Cook Inlet, AK
Freeport, TX
Los Angeles/Long Beach Harbor, CA
Port Lavaca, TX
San Fransico/San Pablo Bay, CA