[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR112.8]

[Page 35-37]
 
                   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 tank installations (except mobile 
refuelers) 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).
    (iii) Open the bypass valve and reseal it following drainage under 
responsible supervision; and

[[Page 36]]

    (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). Except for mobile 
refuelers, 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 37]]

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.

[67 FR 47146, July 17, 2002, as amended at 71 FR 77293, Dec. 26, 2006]