[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: 40CFR112.8]



[Page 32-34]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 112_OIL POLLUTION PREVENTION--Table of Contents

 

Subpart B_Requirements for Petroleum Oils and Non-Petroleum Oils, Except 

 Animal Fats and Oils and Greases, and Fish and Marine Mammal Oils; and 

  Vegetable Oils (Including Oils from Seeds, Nuts, Fruits, and Kernels)

 

Sec.  112.8  Spill Prevention, Control, and Countermeasure Plan 

requirements for onshore facilities (excluding production facilities).



    Source: 67 FR 47146, July 17, 2002, unless otherwise noted.





    If you are the owner or operator of an onshore facility (excluding a 

production facility), you must:

    (a) Meet the general requirements for the Plan listed under Sec.  

112.7, and the specific discharge prevention and containment procedures 

listed in this section.

    (b) Facility drainage. (1) Restrain drainage from diked storage 

areas by valves to prevent a discharge into the drainage system or 

facility effluent treatment system, except where facility systems are 

designed to control such discharge. You may empty diked areas by pumps 

or ejectors; however, you must manually activate these pumps or ejectors 

and must inspect the condition of the accumulation before starting, to 

ensure no oil will be discharged.

    (2) Use valves of manual, open-and-closed design, for the drainage 

of diked areas. You may not use flapper-type drain valves to drain diked 

areas. If your facility drainage drains directly into a watercourse and 

not into an on-site wastewater treatment plant, you must inspect and may 

drain uncontaminated retained stormwater, as provided in paragraphs 

(c)(3)(ii), (iii), and (iv) of this section.

    (3) Design facility drainage systems from undiked areas with a 

potential for a discharge (such as where piping is located outside 

containment walls or where tank truck discharges may occur outside the 

loading area) to flow into ponds, lagoons, or catchment basins designed 

to retain oil or return it to the facility. You must not locate 

catchment basins in areas subject to periodic flooding.

    (4) If facility drainage is not engineered as in paragraph (b)(3) of 

this section, equip the final discharge of all ditches inside the 

facility with a diversion system that would, in the event of an 

uncontrolled discharge, retain oil in the facility.

    (5) Where drainage waters are treated in more than one treatment 

unit and such treatment is continuous, and pump transfer is needed, 

provide two ``lift'' pumps and permanently install at least one of the 

pumps. Whatever techniques you use, you must engineer facility drainage 

systems to prevent a discharge as described in Sec.  112.1(b) in case 

there is an equipment failure or human error at the facility.

    (c) Bulk storage containers. (1) Not use a container for the storage 

of oil unless its material and construction are compatible with the 

material stored and conditions of storage such as pressure and 

temperature.

    (2) Construct all bulk storage container installations so that you 

provide a secondary means of containment for the entire capacity of the 

largest single container and sufficient freeboard to contain 

precipitation. You must ensure that diked areas are sufficiently 

impervious to contain discharged oil. Dikes, containment curbs, and pits 

are commonly employed for this purpose. You may also use an alternative 

system consisting of a drainage trench enclosure that must be arranged 

so that any discharge will terminate and be safely confined in a 

facility catchment basin or holding pond.

    (3) Not allow drainage of uncontaminated rainwater from the diked 

area into a storm drain or discharge of an effluent into an open 

watercourse, lake, or pond, bypassing the facility treatment system 

unless you:

    (i) Normally keep the bypass valve sealed closed.

    (ii) Inspect the retained rainwater to ensure that its presence will 

not cause a discharge as described in Sec.  112.1(b).



[[Page 33]]



    (iii) Open the bypass valve and reseal it following drainage under 

responsible supervision; and

    (iv) Keep adequate records of such events, for example, any records 

required under permits issued in accordance with Sec. Sec.  122.41(j)(2) 

and 122.41(m)(3) of this chapter.

    (4) Protect any completely buried metallic storage tank installed on 

or after January 10, 1974 from corrosion by coatings or cathodic 

protection compatible with local soil conditions. You must regularly 

leak test such completely buried metallic storage tanks.

    (5) Not use partially buried or bunkered metallic tanks for the 

storage of oil, unless you protect the buried section of the tank from 

corrosion. You must protect partially buried and bunkered tanks from 

corrosion by coatings or cathodic protection compatible with local soil 

conditions.

    (6) Test each aboveground container for integrity on a regular 

schedule, and whenever you make material repairs. The frequency of and 

type of testing must take into account container size and design (such 

as floating roof, skid-mounted, elevated, or partially buried). You must 

combine visual inspection with another testing technique such as 

hydrostatic testing, radiographic testing, ultrasonic testing, acoustic 

emissions testing, or another system of non-destructive shell testing. 

You must keep comparison records and you must also inspect the 

container's supports and foundations. In addition, you must frequently 

inspect the outside of the container for signs of deterioration, 

discharges, or accumulation of oil inside diked areas. Records of 

inspections and tests kept under usual and customary business practices 

will suffice for purposes of this paragraph.

    (7) Control leakage through defective internal heating coils by 

monitoring the steam return and exhaust lines for contamination from 

internal heating coils that discharge into an open watercourse, or pass 

the steam return or exhaust lines through a settling tank, skimmer, or 

other separation or retention system.

    (8) Engineer or update each container installation in accordance 

with good engineering practice to avoid discharges. You must provide at 

least one of the following devices:

    (i) High liquid level alarms with an audible or visual signal at a 

constantly attended operation or surveillance station. In smaller 

facilities an audible air vent may suffice.

    (ii) High liquid level pump cutoff devices set to stop flow at a 

predetermined container content level.

    (iii) Direct audible or code signal communication between the 

container gauger and the pumping station.

    (iv) A fast response system for determining the liquid level of each 

bulk storage container such as digital computers, telepulse, or direct 

vision gauges. If you use this alternative, a person must be present to 

monitor gauges and the overall filling of bulk storage containers.

    (v) You must regularly test liquid level sensing devices to ensure 

proper operation.

    (9) Observe effluent treatment facilities frequently enough to 

detect possible system upsets that could cause a discharge as described 

in Sec.  112.1(b).

    (10) Promptly correct visible discharges which result in a loss of 

oil from the container, including but not limited to seams, gaskets, 

piping, pumps, valves, rivets, and bolts. You must promptly remove any 

accumulations of oil in diked areas.

    (11) Position or locate mobile or portable oil storage containers to 

prevent a discharge as described in Sec.  112.1(b). You must furnish a 

secondary means of containment, such as a dike or catchment basin, 

sufficient to contain the capacity of the largest single compartment or 

container with sufficient freeboard to contain precipitation.

    (d) Facility transfer operations, pumping, and facility process. (1) 

Provide buried piping that is installed or replaced on or after August 

16, 2002, with a protective wrapping and coating. You must also 

cathodically protect such buried piping installations or otherwise 

satisfy the corrosion protection standards for piping in part 280 of 

this chapter or a State program approved under part 281 of this chapter. 

If a section of buried line is exposed for any reason, you must 

carefully inspect it for deterioration. If you find corrosion damage,



[[Page 34]]



you must undertake additional examination and corrective action as 

indicated by the magnitude of the damage.

    (2) Cap or blank-flange the terminal connection at the transfer 

point and mark it as to origin when piping is not in service or is in 

standby service for an extended time.

    (3) Properly design pipe supports to minimize abrasion and corrosion 

and allow for expansion and contraction.

    (4) Regularly inspect all aboveground valves, piping, and 

appurtenances. During the inspection you must assess the general 

condition of items, such as flange joints, expansion joints, valve 

glands and bodies, catch pans, pipeline supports, locking of valves, and 

metal surfaces. You must also conduct integrity and leak testing of 

buried piping at the time of installation, modification, construction, 

relocation, or replacement.

    (5) Warn all vehicles entering the facility to be sure that no 

vehicle will endanger aboveground piping or other oil transfer 

operations.