[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

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 Sec. Sec.  

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 

Sec. Sec.  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;



[[Page 30]]



    (ii) Discharge prevention measures including procedures for routine 

handling of products (loading, unloading, and facility transfers, etc.);

    (iii) Discharge or drainage controls such as secondary containment 

around containers and other structures, equipment, and procedures for 

the control of a discharge;

    (iv) Countermeasures for discharge discovery, response, and cleanup 

(both the facility's capability and those that might be required of a 

contractor);

    (v) Methods of disposal of recovered materials in accordance with 

applicable legal requirements; and

    (vi) Contact list and phone numbers for the facility response 

coordinator, National Response Center, cleanup contractors with whom you 

have an agreement for response, and all appropriate Federal, State, and 

local agencies who must be contacted in case of a discharge as described 

in Sec.  112.1(b).

    (4) Unless you have submitted a response plan under Sec.  112.20, 

provide information and procedures in your Plan to enable a person 

reporting a discharge as described in Sec.  112.1(b) to relate 

information on the exact address or location and phone number of the 

facility; the date and time of the discharge, the type of material 

discharged; estimates of the total quantity discharged; estimates of the 

quantity discharged as described in Sec.  112.1(b); the source of the 

discharge; a description of all affected media; the cause of the 

discharge; any damages or injuries caused by the discharge; actions 

being used to stop, remove, and mitigate the effects of the discharge; 

whether an evacuation may be needed; and, the names of individuals and/

or organizations who have also been contacted.

    (5) Unless you have submitted a response plan under Sec.  112.20, 

organize portions of the Plan describing procedures you will use when a 

discharge occurs in a way that will make them readily usable in an 

emergency, and include appropriate supporting material as appendices.

    (b) Where experience indicates a reasonable potential for equipment 

failure (such as loading or unloading equipment, tank overflow, rupture, 

or leakage, or any other equipment known to be a source of a discharge), 

include in your Plan a prediction of the direction, rate of flow, and 

total quantity of oil which could be discharged from the facility as a 

result of each type of major equipment failure.

    (c) Provide appropriate containment and/or diversionary structures 

or equipment to prevent a discharge as described in Sec.  112.1(b). The 

entire containment system, including walls and floor, must be capable of 

containing oil and must be constructed so that any discharge from a 

primary containment system, such as a tank or pipe, will not escape the 

containment system before cleanup occurs. At a minimum, you must use one 

of the following prevention systems or its equivalent:

    (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 Sec. Sec.  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.



[[Page 31]]



    (e) Inspections, tests, and records. Conduct inspections and tests 

required by this part in accordance with written procedures that you or 

the certifying engineer develop for the facility. You must keep these 

written procedures and a record of the inspections and tests, signed by 

the appropriate supervisor or inspector, with the SPCC Plan for a period 

of three years. Records of inspections and tests kept under usual and 

customary business practices will suffice for purposes of this 

paragraph.

    (f) Personnel, training, and discharge prevention procedures. (1) At 

a minimum, train your oil-handling personnel in the operation and 

maintenance of equipment to prevent discharges; discharge procedure 

protocols; applicable pollution control laws, rules, and regulations; 

general facility operations; and, the contents of the facility SPCC 

Plan.

    (2) Designate a person at each applicable facility who is 

accountable for discharge prevention and who reports to facility 

management.

    (3) Schedule and conduct discharge prevention briefings for your 

oil-handling personnel at least once a year to assure adequate 

understanding of the SPCC Plan for that facility. Such briefings must 

highlight and describe known discharges as described in Sec.  112.1(b) 

or failures, malfunctioning components, and any recently developed 

precautionary measures.

    (g) Security (excluding oil production facilities). (1) Fully fence 

each facility handling, processing, or storing oil, and lock and/or 

guard entrance gates when the facility is not in production or is 

unattended.

    (2) Ensure that the master flow and drain valves and any other 

valves permitting direct outward flow of the container's contents to the 

surface have adequate security measures so that they remain in the 

closed position when in non-operating or non-standby status.

    (3) Lock the starter control on each oil pump in the ``off'' 

position and locate it at a site accessible only to authorized personnel 

when the pump is in a non-operating or non-standby status.

    (4) Securely cap or blank-flange the loading/unloading connections 

of oil pipelines or facility piping when not in service or when in 

standby service for an extended time. This security practice also 

applies to piping that is emptied of liquid content either by draining 

or by inert gas pressure.

    (5) Provide facility lighting commensurate with the type and 

location of the facility that will assist in the:

    (i) Discovery of discharges occurring during hours of darkness, both 

by operating personnel, if present, and by non-operating personnel (the 

general public, local police, etc.); and

    (ii) Prevention of discharges occurring through acts of vandalism.

    (h) Facility tank car and tank truck loading/unloading rack 

(excluding offshore facilities). (1) Where loading/unloading area 

drainage does not flow into a catchment basin or treatment facility 

designed to handle discharges, use a quick drainage system for tank car 

or tank truck loading and unloading areas. You must design any 

containment system to hold at least the maximum capacity of any single 

compartment of a tank car or tank truck loaded or unloaded at the 

facility.

    (2) Provide an interlocked warning light or physical barrier system, 

warning signs, wheel chocks, or vehicle break interlock system in 

loading/unloading areas to prevent vehicles from departing before 

complete disconnection of flexible or fixed oil transfer lines.

    (3) Prior to filling and departure of any tank car or tank truck, 

closely inspect for discharges the lowermost drain and all outlets of 

such vehicles, and if necessary, ensure that they are tightened, 

adjusted, or replaced to prevent liquid discharge while in transit.

    (i) If a field-constructed aboveground container undergoes a repair, 

alteration, reconstruction, or a change in service that might affect the 

risk of a discharge or failure due to brittle fracture or other 

catastrophe, or has discharged oil or failed due to brittle fracture 

failure or other catastrophe, evaluate the container for risk of 

discharge or failure due to brittle fracture or other catastrophe, and 

as necessary, take appropriate action.

    (j) In addition to the minimal prevention standards listed under 

this section, include in your Plan a complete



[[Page 32]]



discussion of conformance with the applicable requirements and other 

effective discharge prevention and containment procedures listed in this 

part or any applicable more stringent State rules, regulations, and 

guidelines.