[Code of Federal Regulations]
[Title 40, Volume 9, Parts 87 to 135]
[Revised as of July 1, 1996]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR112]

[Page 290-361]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 112--OIL POLLUTION PREVENTION

Sec.
112.1  General applicability.
112.2  Definitions.
112.3  Requirements for preparation and implementation of Spill 
          Prevention Control and Countermeasure Plans.
112.4  Amendment of SPCC Plans by Regional Administrator.
112.5  Amendment of Spill Prevention Control and Countermeasure Plans by 
          owners or operators.
112.7  Guidelines for the preparation and implementation of a Spill 
          Prevention Control and Countermeasure Plan.
112.20  Facility response plans.
112.21  Facility response training and drills/exercises.

Appendix A to Part 112--Memorandum of Understanding Between the 
          Secretary of Transportation and the Administrator of the 
          Environmental Protection Agency
Appendix B to Part 112--Memorandum of Understanding Among the Secretary 
          of the Interior, Secretary of Transportation, and 
          Administrator of the Environmental Protection Agency
Appendix C to Part 112--Substantial Harm Criteria
Appendix D to Part 112--Determination of a Worst Case Discharge Planning 
          Volume
Appendix E to Part 112--Determination and Evaluation of Required 
          Response Resources for Facility Response Plans
Appendix F to Part 112--Facility-Specific Response Plan

    Authority: 33 U.S.C. 1321 and 1361; E.O. 12777 (October 18, 1991), 3 
CFR, 1991 Comp., p. 351.

    Source: 38 FR 34165, Dec. 11, 1973, unless otherwise noted.


Sec. 112.1   General applicability.

    (a) This part establishes procedures, methods and equipment and 
other requirements for equipment to prevent the discharge of oil from 
non-transportation-related onshore and offshore facilities into or upon 
the navigable waters of the United States or adjoining shorelines.
    (b) Except as provided in paragraph (d) of this section, this part 
applies to owners or operators of non-transportation-related onshore and 
offshore facilities engaged in drilling, producing, gathering, storing, 
processing, refining, transferring, distributing or consuming oil and 
oil products, and which, due to their location, could reasonably be 
expected to discharge oil in harmful quantities, as defined in part 110 
of this chapter, into or upon the navigable waters of the United States 
or adjoining shorelines.
    (c) As provided in section 313 (86 Stat. 875) departments, agencies, 
and instrumentalities of the Federal government are subject to these 
regulations to the

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same extent as any person, except for the provisions of Sec. 112.6.
    (d) This part does not apply to:
    (1) Facilities, equipment or operations which are not subject to the 
jurisdiction of the Environmental Protection Agency, as follows:
    (i) Onshore and offshore facilities, which, due to their location, 
could not reasonably be expected to discharge oil into or upon the 
navigable waters of the United States or adjoining shorelines. This 
determination shall be based solely upon a consideration of the 
geographical, locational aspects of the facility (such as proximity to 
navigable waters or adjoining shorelines, land contour, drainage, etc.) 
and shall exclude consideration of manmade features such as dikes, 
equipment or other structures which may serve to restrain, hinder, 
contain, or otherwise prevent a discharge of oil from reaching navigable 
waters of the United States or adjoining shorelines; and
    (ii) Equipment or operations of vessels or transportation-related 
onshore and offshore facilities which are subject to authority and 
control of the Department of Transportation, as defined in the 
Memorandum of Understanding between the Secretary of Transportation and 
the Administrator of the Environmental Protection Agency, dated November 
24, 1971, 36 FR 24000.
    (2) Those facilities which, although otherwise subject to the 
jurisdiction of the Environmental Protection Agency, meet both of the 
following requirements:
    (i) The underground buried storage capacity of the facility is 
42,000 gallons or less of oil, and
    (ii) The storage capacity, which is not buried, of the facility is 
1,320 gallons or less of oil, provided no single container has a 
capacity in excess of 660 gallons.
    (e) This part provides for the preparation and implementation of 
Spill Prevention Control and Countermeasure Plans prepared in accordance 
with Sec. 112.7, designed to complement existing laws, regulations, 
rules, standards, policies and procedures pertaining to safety 
standards, fire prevention and pollution prevention rules, so as to form 
a comprehensive balanced Federal/State spill prevention program to 
minimize the potential for oil discharges. Compliance with this part 
does not in any way relieve the owner or operator of an onshore or an 
offshore facility from compliance with other Federal, State or local 
laws.

[38 FR 34165, Dec. 11, 1973, as amended at 41 FR 12657, Mar. 26, 1976]

Sec. 112.2   Definitions.

    For the purposes of this part:
    Adverse weather means the weather conditions that make it difficult 
for response equipment and personnel to cleanup or remove spilled oil, 
and that will be considered when identifying response systems and 
equipment in a response plan for the applicable operating environment. 
Factors to consider include significant wave height as specified in 
Appendix E to this part, as appropriate, ice conditions, temperatures, 
weather-related visibility, and currents within the area in which the 
systems or equipment are intended to function.
    Complex means a facility possessing a combination of transportation-
related and non-transportation-related components that is subject to the 
jurisdiction of more than one Federal agency under section 311(j) of the 
Clean Water Act.
    Contract or other approved means: (1) A written contractual 
agreement with an oil spill removal organization(s) that identifies and 
ensures the availability of the necessary personnel and equipment within 
appropriate response times; and/or
    (2) A written certification by the owner or operator that the 
necessary personnel and equipment resources, owned or operated by the 
facility owner or operator, are available to respond to a discharge 
within appropriate response times; and/or
    (3) Active membership in a local or regional oil spill removal 
organization(s) that has identified and ensures adequate access through 
such membership to necessary personnel and equipment to respond to a 
discharge within appropriate response times in the specified geographic 
areas; and/or
    (4) Other specific arrangements approved by the Regional 
Administrator upon request of the owner or operator.
    Discharge includes but is not limited to, any spilling, leaking, 
pumping,

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pouring, emitting, emptying or dumping. For purposes of this part, the 
term discharge shall not include any discharge of oil which is 
authorized by a permit issued pursuant to section 13 of the River and 
Harbor Act of 1899 (30 Stat. 1121, 33 U.S.C. 407), or sections 402 or 
405 of the FWPCA Amendments of 1972 (86 Stat. 816 et seq., 33 U.S.C. 
1251 et seq.).
    Fish and wildlife and sensitive environments means areas that may be 
identified by either their legal designation or by evaluations of Area 
Committees (for planning) or members of the Federal On-Scene 
Coordinator's spill response structure (during responses). These areas 
may include wetlands, National and State parks, critical habitats for 
endangered/threatened species, wilderness and natural resource areas, 
marine sanctuaries and estuarine reserves, conservation areas, 
preserves, wildlife areas, wildlife refuges, wild and scenic rivers, 
recreational areas, national forests, Federal and State lands that are 
research national areas, heritage program areas, land trust areas, and 
historical and archeological sites and parks. These areas may also 
include unique habitats such as: aquaculture sites and agricultural 
surface water intakes, bird nesting areas, critical biological resource 
areas, designated migratory routes, and designated seasonal habitats.
    Injury means a measurable adverse change, either long- or short-
term, in the chemical or physical quality or the viability of a natural 
resource resulting either directly or indirectly from exposure to a 
discharge of oil, or exposure to a product of reactions resulting from a 
discharge of oil.
    Maximum extent practicable means the limitations used to determine 
oil spill planning resources and response times for on-water recovery, 
shoreline protection, and cleanup for worst case discharges from onshore 
non- transportation-related facilities in adverse weather. It considers 
the planned capability to respond to a worst case discharge in adverse 
weather, as contained in a response plan that meets the requirements in 
Sec. 112.20 or in a specific plan approved by the Regional 
Administrator.
    The term navigable waters of the United States means navigable 
waters as defined in section 502(7) of the FWPCA, and includes:
    (1) All navigable waters of the United States, as defined in 
judicial decisions prior to passage of the 1972 Amendments to the FWPCA 
(Pub. L. 92-500), and tributaries of such waters;
    (2) Interstate waters;
    (3) Intrastate lakes, rivers, and streams which are utilized by 
interstate travelers for recreational or other purposes; and
    (4) Intrastate lakes, rivers, and streams from which fish or 
shellfish are taken and sold in interstate commerce.

Navigable waters do not include prior converted cropland. 
Notwithstanding the determination of an area's status as prior converted 
cropland by any other federal agency, for the purposes of the Clean 
Water Act, the final authority regarding Clean Water Act jurisdiction 
remains with EPA.

    Offshore facility means any facility of any kind located in, on, or 
under any of the navigable waters of the United States, which is not a 
transportation-related facility.
    Oil means oil of any kind or in any form, including, but not limited 
to petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes 
other than dredged spoil.
    Oil Spill Removal Organization means an entity that provides oil 
spill response resources, and includes any for-profit or not-for-profit 
contractor, cooperative, or in-house response resources that have been 
established in a geographic area to provide required response resources.
    Onshore facility means any facility of any kind located in, on, or 
under any land within the United States, other than submerged lands, 
which is not a transportation-related facility.
    Owner or operator means any person owning or operating an onshore 
facility or an offshore facility, and in the case of any abandoned 
offshore facility, the person who owned or operated such facility 
immediately prior to such abandonment.
    Person includes an individual, firm, corporation, association, and a 
partnership.

[[Page 293]]

    Regional Administrator, means the Regional Administrator of the 
Environmental Protection Agency, or his designee, in and for the Region 
in which the facility is located.
    Spill event means a discharge of oil into or upon the navigable 
waters of the United States or adjoining shorelines in harmful 
quantities, as defined at 40 CFR part 110.
    Transportation-related and non-transportation-related as applied to 
an onshore or offshore facility, are defined in the Memorandum of 
Understanding between the Secretary of Transportation and the 
Administrator of the Environmental Protection Agency, dated November 24, 
1971, 36 FR 24080.
    United States means the States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the 
Virgin Islands, and the Trust Territory of the Pacific Islands.
    Vessel means every description of watercraft or other artificial 
contrivance used, or capable of being used as a means of transportation 
on water, other than a public vessel.
    Worst case discharge for an onshore non-transportation-related 
facility means the largest foreseeable discharge in adverse weather 
conditions as determined using the worksheets in Appendix D to this 
part.

[38 FR 34165, Dec. 11, 1973, as amended at 58 FR 45039, Aug. 25, 1993; 
59 FR 34097, July 1, 1994]

Sec. 112.3   Requirements for preparation and implementation of Spill 
          Prevention Control and Countermeasure Plans.

    (a) Owners or operators of onshore and offshore facilities in 
operation on or before the effective date of this part that have 
discharged or, due to their location, could reasonably be expected to 
discharge oil in harmful quantities, as defined in 40 CFR part 110, into 
or upon the navigable waters of the United States or adjoining 
shorelines, shall prepare a Spill Prevention Control and Countermeasure 
Plan (hereinafter ``SPCC Plan''), in writing and in accordance with 
Sec. 112.7. Except as provided for in paragraph (f) of this section, 
such SPCC Plan shall be prepared within six months after the effective 
date of this part and shall be fully implemented as soon as possible, 
but not later than one year after the effective date of this part.
    (b) Owners or operators of onshore and offshore facilities that 
become operational after the effective date of this part, and that have 
discharged or could reasonably be expected to discharge oil in harmful 
quantities, as defined in 40 CFR part 110, into or upon the navigable 
waters of the United States or adjoining shorelines, shall prepare an 
SPCC Plan in accordance with Sec. 112.7. Except as provided for in 
paragraph (f) of this section, such SPCC Plan shall be prepared within 
six months after the date such facility begins operations and shall be 
fully implemented as soon as possible, but not later than one year after 
such facility begins operations.
    (c) Owners or operators of onshore and offshore mobile or portable 
facilities, such as onshore drilling or workover rigs, barge mounted 
offshore drilling or workover rigs, and portable fueling facilities 
shall prepare and implement an SPCC Plan as required by paragraphs (a), 
(b) and (d) of this section. The owners or operators of such facility 
need not prepare a new SPCC Plan each time the facility is moved to a 
new site. The SPCC Plan may be a general plan, prepared in accordance 
with Sec. 112.7, using good engineering practice. When the mobile or 
portable facility is moved, it must be located and installed using the 
spill prevention practices outlined in the SPCC Plan for the facility. 
No mobile or portable facility subject to this regulation shall operate 
unless the SPCC Plan has been implemented. The SPCC Plan shall only 
apply while the facility is in a fixed (non-transportation) operating 
mode.
    (d) No SPCC Plan shall be effective to satisfy the requirements of 
this part unless it has been reviewed by a Registered Professional 
Engineer and certified to by such Professional Engineer. By means of 
this certification the engineer, having examined the facility and being 
familiar with the provisions of this part, shall attest that the SPCC 
Plan has been prepared in accordance with good engineering practices. 
Such certification shall in no way relieve

[[Page 294]]

the owner or operator of an onshore or offshore facility of his duty to 
prepare and fully implement such Plan in accordance with Sec. 112.7, as 
required by paragraphs (a), (b) and (c) of this section.
    (e) Owners or operators of a facility for which an SPCC Plan is 
required pursuant to paragraph (a), (b) or (c) of this section shall 
maintain a complete copy of the Plan at such facility if the facility is 
normally attended at least 8 hours per day, or at the nearest field 
office if the facility is not so attended, and shall make such Plan 
available to the Regional Administrator for on-site review during normal 
working hours.
    (f) Extensions of time. (1) The Regional Administrator may authorize 
an extension of time for the preparation and full implementation of an 
SPCC Plan beyond the time permitted for the preparation and 
implementation of an SPCC Plan pursuant to paragraph (a), (b) or (c) of 
this section where he finds that the owner or operator of a facility 
subject to paragraphs (a), (b) or (c) of this section cannot fully 
comply with the requirements of this part as a result of either 
nonavailability of qualified personnel, or delays in construction or 
equipment delivery beyond the control and without the fault of such 
owner or operator or their respective agents or employees.
    (2) Any owner or operator seeking an extension of time pursuant to 
paragraph (f)(1) of this section may submit a letter of request to the 
Regional Administrator. Such letter shall include:
    (i) A complete copy of the SPCC Plan, if completed;
    (ii) A full explanation of the cause for any such delay and the 
specific aspects of the SPCC Plan affected by the delay;
    (iii) A full discussion of actions being taken or contemplated to 
minimize or mitigate such delay;
    (iv) A proposed time schedule for the implementation of any 
corrective actions being taken or contemplated, including interim dates 
for completion of tests or studies, installation and operation of any 
necessary equipment or other preventive measures.

In addition, such owner or operator may present additional oral or 
written statements in support of his letter of request.
    (3) The submission of a letter of request for extension of time 
pursuant to paragraph (f)(2) of this section shall in no way relieve the 
owner or operator from his obligation to comply with the requirements of 
Sec. 112.3 (a), (b) or (c). Where an extension of time is authorized by 
the Regional Administrator for particular equipment or other specific 
aspects of the SPCC Plan, such extension shall in no way affect the 
owner's or operator's obligation to comply with the requirements of 
Sec. 112.3 (a), (b) or (c) with respect to other equipment or other 
specific aspects of the SPCC Plan for which an extension of time has not 
been expressly authorized.

[38 FR 34165, Dec. 11, 1973, as amended at 41 FR 12657, Mar. 26, 1976]

Sec. 112.4   Amendment of SPCC Plans by Regional Administrator.

    (a) Notwithstanding compliance with Sec. 112.3, whenever a facility 
subject to Sec. 112.3 (a), (b) or (c) has: Discharged more than 1,000 
U.S. gallons of oil into or upon the navigable waters of the United 
States or adjoining shorelines in a single spill event, or discharged 
oil in harmful quantities, as defined in 40 CFR part 110, into or upon 
the navigable waters of the United States or adjoining shorelines in two 
spill events, reportable under section 311(b)(5) of the FWPCA, occurring 
within any twelve month period, the owner or operator of such facility 
shall submit to the Regional Administrator, within 60 days from the time 
such facility becomes subject to this section, the following:
    (1) Name of the facility;
    (2) Name(s) of the owner or operator of the facility;
    (3) Location of the facility;
    (4) Date and year of initial facility operation;
    (5) Maximum storage or handling capacity of the facility and normal 
daily throughput;
    (6) Description of the facility, including maps, flow diagrams, and 
topographical maps;
    (7) A complete copy of the SPCC Plan with any amendments;
    (8) The cause(s) of such spill, including a failure analysis of 
system or subsystem in which the failure occurred;

[[Page 295]]

    (9) The corrective actions and/or countermeasures taken, including 
an adequate description of equipment repairs and/or replacements;
    (10) Additional preventive measures taken or contemplated to 
minimize the possibility of recurrence;
    (11) Such other information as the Regional Administrator may 
reasonably require pertinent to the Plan or spill event.
    (b) Section 112.4 shall not apply until the expiration of the time 
permitted for the preparation and implementation of an SPCC Plan 
pursuant to Sec. 112.3 (a), (b), (c) and (f).
    (c) A complete copy of all information provided to the Regional 
Administrator pursuant to paragraph (a) of this section shall be sent at 
the same time to the State agency in charge of water pollution control 
activities in and for the State in which the facility is located. Upon 
receipt of such information such State agency may conduct a review and 
make recommendations to the Regional Administrator as to further 
procedures, methods, equipment and other requirements for equipment 
necessary to prevent and to contain discharges of oil from such 
facility.
    (d) After review of the SPCC Plan for a facility subject to 
paragraph (a) of this section, together with all other information 
submitted by the owner or operator of such facility, and by the State 
agency under paragraph (c) of this section, the Regional Administrator 
may require the owner or operator of such facility to amend the SPCC 
Plan if he finds that the Plan does not meet the requirements of this 
part or that the amendment of the Plan is necessary to prevent and to 
contain discharges of oil from such facility.
    (e) When the Regional Administrator proposes to require an amendment 
to the SPCC Plan, he shall notify the facility operator by certified 
mail addressed to, or by personal delivery to, the facility owner or 
operator, that he proposes to require an amendment to the Plan, and 
shall specify the terms of such amendment. If the facility owner or 
operator is a corporation, a copy of such notice shall also be mailed to 
the registered agent, if any, of such corporation in the State where 
such facility is located. Within 30 days from receipt of such notice, 
the facility owner or operator may submit written information, views, 
and arguments on the amendment. After considering all relevant material 
presented, the Regional Administrator shall notify the facility owner or 
operator of any amendment required or shall rescind the notice. The 
amendment required by the Regional Administrator shall become part of 
the Plan 30 days after such notice, unless the Regional Administrator, 
for good cause, shall specify another effective date. The owner or 
operator of the facility shall implement the amendment of the Plan as 
soon as possible, but not later than six months after the amendment 
becomes part of the Plan, unless the Regional Administrator specifies 
another date.
    (f) An owner or operator may appeal a decision made by the Regional 
Administrator requiring an amendment to an SPCC Plan. The appeal shall 
be made to the Administrator of the United States Environmental 
Protection Agency and must be made in writing within 30 days of receipt 
of the notice from the Regional Administrator requiring the amendment. A 
complete copy of the appeal must be sent to the Regional Administrator 
at the time the appeal is made. The appeal shall contain a clear and 
concise statement of the issues and points of fact in the case. It may 
also contain additional information from the owner or operator, or from 
any other person. The Administrator or his designee may request 
additional information from the owner or operator, or from any other 
person. The Administrator or his designee shall render a decision within 
60 days of receiving the appeal and shall notify the owner or operator 
of his decision.

[38 FR 34165, Dec. 11, 1973, as amended at 41 FR 12658, Mar. 26, 1976]

Sec. 112.5   Amendment of Spill Prevention Control and Countermeasure 
          Plans by owners or operators.

    (a) Owners or operators of facilities subject to Sec. 112.3 (a), (b) 
or (c) shall amend the SPCC Plan for such facility in accordance with 
Sec. 112.7 whenever there is a change in facility design, construction, 
operation or maintenance which materially affects the facility's 
potential for the discharge of

[[Page 296]]

oil into or upon the navigable waters of the United States or adjoining 
shore lines. Such amendments shall be fully implemented as soon as 
possible, but not later than six months after such change occurs.
    (b) Notwithstanding compliance with paragraph (a) of this section, 
owners and operators of facilities subject to Sec. 112.3 (a), (b) or (c) 
shall complete a review and evaluation of the SPCC Plan at least once 
every three years from the date such facility becomes subject to this 
part. As a result of this review and evaluation, the owner or operator 
shall amend the SPCC Plan within six months of the review to include 
more effective prevention and control technology if: (1) Such technology 
will significantly reduce the likelihood of a spill event from the 
facility, and (2) if such technology has been field-proven at the time 
of the review.
    (c) No amendment to an SPCC Plan shall be effective to satisfy the 
requirements of this section unless it has been certified by a 
Professional Engineer in accordance with Sec. 112.3(d).

Sec. 112.7   Guidelines for the preparation and implementation of a 
          Spill Prevention Control and Countermeasure Plan.

    The SPCC Plan shall be a carefully thought-out plan, prepared in 
accordance with good engineering practices, and which has the full 
approval of management at a level with authority to commit the necessary 
resources. If the plan calls for additional facilities or procedures, 
methods, or equipment not yet fully operational, these items should be 
discussed in separate paragraphs, and the details of installation and 
operational start-up should be explained separately. The complete SPCC 
Plan shall follow the sequence outlined below, and include a discussion 
of the facility's conformance with the appropriate guidelines listed:
    (a) A facility which has experienced one or more spill events within 
twelve months prior to the effective date of this part should include a 
written description of each such spill, corrective action taken and 
plans for preventing recurrence.
    (b) Where experience indicates a reasonable potential for equipment 
failure (such as tank overflow, rupture, or leakage), the plan should 
include 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 
major type of failure.
    (c) Appropriate containment and/or diversionary structures or 
equipment to prevent discharged oil from reaching a navigable water 
course should be provided. One of the following preventive systems or 
its equivalent should be used as a minimum:
    (1) Onshore facilities:
    (i) Dikes, berms or retaining walls sufficiently impervious to 
contain spilled oil;
    (ii) Curbing;
    (iii) Culverting, gutters or other drainage systems;
    (iv) Weirs, booms or other barriers;
    (v) Spill diversion ponds;
    (vi) Retention ponds;
    (vii) Sorbent materials.
    (2) Offshore facilities:
    (i) Curbing, drip pans;
    (ii) Sumps and collection systems.
    (d) When it is determined that the installation of structures or 
equipment listed in Sec. 112.7(c) to prevent discharged oil from 
reaching the navigable waters is not practicable from any onshore or 
offshore facility, the owner or operator should clearly demonstrate such 
impracticability and provide the following:
    (1) A strong oil spill contingency plan following the provision of 
40 CFR part 109.
    (2) A written commitment of manpower, equipment and materials 
required to expeditiously control and remove any harmful quantity of oil 
discharged.
    (e) In addition to the minimal prevention standards listed under 
Sec. 112.7(c), sections of the Plan should include a complete discussion 
of conformance with the following applicable guidelines, other effective 
spill prevention and containment procedures (or, if more stringent, with 
State rules, regulations and guidelines):
    (1) Facility drainage (onshore); (excluding production facilities). 
(i) Drainage from diked storage areas should be restrained by valves or 
other positive means to prevent a spill or other excessive leakage of 
oil into the drainage

[[Page 297]]

system or inplant effluent treatment system, except where plan systems 
are designed to handle such leakage. Diked areas may be emptied by pumps 
or ejectors; however, these should be manually activated and the 
condition of the accumulation should be examined before starting to be 
sure no oil will be discharged into the water.
    (ii) Flapper-type drain valves should not be used to drain diked 
areas. Valves used for the drainage of diked areas should, as far as 
practical, be of manual, open-and-closed design. When plant drainage 
drains directly into water courses and not into wastewater treatment 
plants, retained storm water should be inspected as provided in 
paragraphs (e)(2)(iii) (B), (C) and (D) of this section before drainage.
    (iii) Plant drainage systems from undiked areas should, if possible, 
flow into ponds, lagoons or catchment basins, designed to retain oil or 
return it to the facility. Catchment basins should not be located in 
areas subject to periodic flooding.
    (iv) If plant drainage is not engineered as above, the final 
discharge of all in-plant ditches should be equipped with a diversion 
system that could, in the event of an uncontrolled spill, return the oil 
to the plant.
    (v) Where drainage waters are treated in more than one treatment 
unit, natural hydraulic flow should be used. If pump transfer is needed, 
two ``lift'' pumps should be provided, and at least one of the pumps 
should be permanently installed when such treatment is continuous. In 
any event, whatever techniques are used facility drainage systems should 
be adequately engineered to prevent oil from reaching navigable waters 
in the event of equipment failure or human error at the facility.
    (2) Bulk storage tanks (onshore); (excluding production facilities). 
(i) No tank should be used 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, etc.
    (ii) All bulk storage tank installations should be constructed so 
that a secondary means of containment is provided for the entire 
contents of the largest single tank plus sufficient freeboard to allow 
for precipitation. Diked areas should be sufficiently impervious to 
contain spilled oil. Dikes, containment curbs, and pits are commonly 
employed for this purpose, but they may not always be appropriate. An 
alternative system could consist of a complete drainage trench enclosure 
arranged so that a spill could terminate and be safely confined in an 
in-plant catchment basin or holding pond.
    (iii) Drainage of rainwater from the diked area into a storm drain 
or an effluent discharge that empties into an open water course, lake, 
or pond, and bypassing the in-plant treatment system may be acceptable 
if:
    (A) The bypass valve is normally sealed closed.
    (B) Inspection of the run-off rain water ensures compliance with 
applicable water quality standards and will not cause a harmful 
discharge as defined in 40 CFR part 110.
    (C) The bypass valve is opened, and resealed following drainage 
under responsible supervision.
    (D) Adequate records are kept of such events.
    (iv) Buried metallic storage tanks represent a potential for 
undetected spills. A new buried installation should be protected from 
corrosion by coatings, cathodic protection or other effective methods 
compatible with local soil conditions. Such buried tanks should at least 
be subjected to regular pressure testing.
    (v) Partially buried metallic tanks for the storage of oil should be 
avoided, unless the buried section of the shell is adequately coated, 
since partial burial in damp earth can cause rapid corrosion of metallic 
surfaces, especially at the earth/air interface.
    (vi) Aboveground tanks should be subject to periodic integrity 
testing, taking into account tank design (floating roof, etc.) and using 
such techniques as hydrostatic testing, visual inspection or a system of 
non-destructive shell thickness testing. Comparison records should be 
kept where appropriate, and tank supports and foundations should be 
included in these inspections. In addition, the outside of the tank 
should frequently be observed by operating personnel for signs of 
deterioration, leaks which might cause a

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spill, or accumulation of oil inside diked areas.
    (vii) To control leakage through defective internal heating coils, 
the following factors should be considered and applied, as appropriate.
    (A) The steam return or exhaust lines from internal heating coils 
which discharge into an open water course should be monitored for 
contamination, or passed through a settling tank, skimmer, or other 
separation or retention system.
    (B) The feasibility of installing an external heating system should 
also be considered.
    (viii) New and old tank installations should, as far as practical, 
be fail-safe engineered or updated into a fail-safe engineered 
installation to avoid spills. Consideration should be given to providing 
one or more of the following devices:
    (A) High liquid level alarms with an audible or visual signal at a 
constantly manned operation or surveillance station; in smaller plants 
an audible air vent may suffice.
    (B) Considering size and complexity of the facility, high liquid 
level pump cutoff devices set to stop flow at a predetermined tank 
content level.
    (C) Direct audible or code signal communication between the tank 
gauger and the pumping station.
    (D) A fast response system for determining the liquid level of each 
bulk storage tank such as digital computers, telepulse, or direct vision 
gauges or their equivalent.
    (E) Liquid level sensing devices should be regularly tested to 
insure proper operation.
    (ix) Plant effluents which are discharged into navigable waters 
should have disposal facilities observed frequently enough to detect 
possible system upsets that could cause an oil spill event.
    (x) Visible oil leaks which result in a loss of oil from tank seams, 
gaskets, rivets and bolts sufficiently large to cause the accumulation 
of oil in diked areas should be promptly corrected.
    (xi) Mobile or portable oil storage tanks (onshore) should be 
positioned or located so as to prevent spilled oil from reaching 
navigable waters. A secondary means of containment, such as dikes or 
catchment basins, should be furnished for the largest single compartment 
or tank. These facilities should be located where they will not be 
subject to periodic flooding or washout.
    (3) Facility transfer operations, pumping, and in-plant process 
(onshore); (excluding production facilities). (i) Buried piping 
installations should have a protective wrapping and coating and should 
be cathodically protected if soil conditions warrant. If a section of 
buried line is exposed for any reason, it should be carefully examined 
for deterioration. If corrosion damage is found, additional examination 
and corrective action should be taken as indicated by the magnitude of 
the damage. An alternative would be the more frequent use of exposed 
pipe corridors or galleries.
    (ii) When a pipeline is not in service, or in standby service for an 
extended time the terminal connection at the transfer point should be 
capped or blank-flanged, and marked as to origin.
    (iii) Pipe supports should be properly designed to minimize abrasion 
and corrosion and allow for expansion and contraction.
    (iv) All aboveground valves and pipelines should be subjected to 
regular examinations by operating personnel at which time 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 should be assessed. In addition, periodic pressure 
testing may be warranted for piping in areas where facility drainage is 
such that a failure might lead to a spill event.
    (v) Vehicular traffic granted entry into the facility should be 
warned verbally or by appropriate signs to be sure that the vehicle, 
because of its size, will not endanger above ground piping.
    (4) Facility tank car and tank truck loading/unloading rack 
(onshore). (i) Tank car and tank truck loading/unloading procedures 
should meet the minimum requirements and regulation established by the 
Department of Transportation.
    (ii) Where rack area drainage does not flow into a catchment basin 
or treatment facility designed to handle spills, a quick drainage system 
should

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be used for tank truck loading and unloading areas. The containment 
system should be designed to hold at least maximum capacity of any 
single compartment of a tank car or tank truck loaded or unloaded in the 
plant.
    (iii) An interlocked warning light or physical barrier system, or 
warning signs, should be provided in loading/unloading areas to prevent 
vehicular departure before complete disconnect of flexible or fixed 
transfer lines.
    (iv) Prior to filling and departure of any tank car or tank truck, 
the lowermost drain and all outlets of such vehicles should be closely 
examined for leakage, and if necessary, tightened, adjusted, or replaced 
to prevent liquid leakage while in transit.
    (5) Oil production facilities (onshore)--(i) Definition. An onshore 
production facility may include all wells, flowlines, separation 
equipment, storage facilities, gathering lines, and auxiliary non-
transportation-related equipment and facilities in a single geographical 
oil or gas field operated by a single operator.
    (ii) Oil production facility (onshore) drainage. (A) At tank 
batteries and central treating stations where an accidental discharge of 
oil would have a reasonable possibility of reaching navigable waters, 
the dikes or equivalent required under Sec. 112.7(c)(1) should have 
drains closed and sealed at all times except when rainwater is being 
drained. Prior to drainage, the diked area should be inspected as 
provided in paragraphs (e)(2)(iii) (B), (C), and (D) of this section. 
Accumulated oil on the rainwater should be picked up and returned to 
storage or disposed of in accordance with approved methods.
    (B) Field drainage ditches, road ditches, and oil traps, sumps or 
skimmers, if such exist, should be inspected at regularly scheduled 
intervals for accumulation of oil that may have escaped from small 
leaks. Any such accumulations should be removed.
    (iii) Oil production facility (onshore) bulk storage tanks. (A) No 
tank should be used for the storage of oil unless its material and 
construction are compatible with the material stored and the conditions 
of storage.
    (B) All tank battery and central treating plant installations should 
be provided with a secondary means of containment for the entire 
contents of the largest single tank if feasible, or alternate systems 
such as those outlined in Sec. 112.7(c)(1). Drainage from undiked areas 
should be safely confined in a catchment basin or holding pond.
    (C) All tanks containing oil should be visually examined by a 
competent person for condition and need for maintenance on a scheduled 
periodic basis. Such examination should include the foundation and 
supports of tanks that are above the surface of the ground.
    (D) New and old tank battery installations should, as far as 
practical, be fail-safe engineered or updated into a fail-safe 
engineered installation to prevent spills. Consideration should be given 
to one or more of the following:
    (1) Adequate tank capacity to assure that a tank will not overfill 
should a pumper/gauger be delayed in making his regular rounds.
    (2) Overflow equalizing lines between tanks so that a full tank can 
overflow to an adjacent tank.
    (3) Adequate vacuum protection to prevent tank collapse during a 
pipeline run.
    (4) High level sensors to generate and transmit an alarm signal to 
the computer where facilities are a part of a computer production 
control system.
    (iv) Facility transfer operations, oil production facility 
(onshore). (A) All above ground valves and pipelines should be examined 
periodically on a scheduled basis for general condition of items such as 
flange joints, valve glands and bodies, drip pans, pipeline supports, 
pumping well polish rod stuffing boxes, bleeder and gauge valves.
    (B) Salt water (oil field brine) disposal facilities should be 
examined often, particularly following a sudden change in atmospheric 
temperature to detect possible system upsets that could cause an oil 
discharge.
    (C) Production facilities should have a program of flowline 
maintenance to prevent spills from this source. The program should 
include periodic examinations, corrosion protection, flowline 
replacement, and adequate records, as appropriate, for the individual 
facility.
    (6) Oil drilling and workover facilities (onshore). (i) Mobile 
drilling or

[[Page 300]]

workover equipment should be positioned or located so as to prevent 
spilled oil from reaching navigable waters.
    (ii) Depending on the location, catchment basins or diversion 
structures may be necessary to intercept and contain spills of fuel, 
crude oil, or oily drilling fluids.
    (iii) Before drilling below any casing string or during workover 
operations, a blowout prevention (BOP) assembly and well control system 
should be installed that is capable of controlling any well head 
pressure that is expected to be encountered while that BOP assembly is 
on the well. Casing and BOP installations should be in accordance with 
State regulatory agency requirements.
    (7) Oil drilling, production, or workover facilities (offshore). (i) 
Definition: ``An oil drilling, production or workover facility 
(offshore)'' may include all drilling or workover equipment, wells, 
flowlines, gathering lines, platforms, and auxiliary nontransportation-
related equipment and facilities in a single geographical oil or gas 
field operated by a single operator.
    (ii) Oil drainage collection equipment should be used to prevent and 
control small oil spillage around pumps, glands, valves, flanges, 
expansion joints, hoses, drain lines, separators, treaters, tanks, and 
allied equipment. Drains on the facility should be controlled and 
directed toward a central collection sump or equivalent collection 
system sufficient to prevent discharges of oil into the navigable waters 
of the United States. Where drains and sumps are not practicable oil 
contained in collection equipment should be removed as often as 
necessary to prevent overflow.
    (iii) For facilities employing a sump system, sump and drains should 
be adequately sized and a spare pump or equivalent method should be 
available to remove liquid from the sump and assure that oil does not 
escape. A regular scheduled preventive maintenance inspection and 
testing program should be employed to assure reliable operation of the 
liquid removal system and pump start-up device. Redundant automatic sump 
pumps and control devices may be required on some installations.
    (iv) In areas where separators and treaters are equipped with dump 
valves whose predominant mode of failure is in the closed position and 
pollution risk is high, the facility should be specially equipped to 
prevent the escape of oil. This could be accomplished by extending the 
flare line to a diked area if the separator is near shore, equipping it 
with a high liquid level sensor that will automatically shut-in wells 
producing to the separator, parallel redundant dump valves, or other 
feasible alternatives to prevent oil discharges.
    (v) Atmospheric storage or surge tanks should be equipped with high 
liquid level sensing devices or other acceptable alternatives to prevent 
oil discharges.
    (vi) Pressure tanks should be equipped with high and low pressure 
sensing devices to activate an alarm and/or control the flow or other 
acceptable alternatives to prevent oil discharges.
    (vii) Tanks should be equipped with suitable corrosion protection.
    (viii) A written procedure for inspecting and testing pollution 
prevention equipment and systems should be prepared and maintained at 
the facility. Such procedures should be included as part of the SPCC 
Plan.
    (ix) Testing and inspection of the pollution prevention equipment 
and systems at the facility should be conducted by the owner or operator 
on a scheduled periodic basis commensurate with the complexity, 
conditions and circumstances of the facility or other appropriate 
regulations.
    (x) Surface and subsurface well shut-in valves and devices in use at 
the facility should be sufficiently described to determine method of 
activation or control, e.g., pressure differential, change in fluid or 
flow conditions, combination of pressure and flow, manual or remote 
control mechanisms. Detailed records for each well, while not 
necessarily part of the plan should be kept by the owner or operator.
    (xi) Before drilling below any casing string, and during workover 
operations a blowout preventer (BOP) assembly and well control system 
should be installed that is capable of controlling any well-head 
pressure that is expected

[[Page 301]]

to be encountered while that BOP assembly is on the well. Casing and BOP 
installations should be in accordance with State regulatory agency 
requirements.
    (xii) Extraordinary well control measures should be provided should 
emergency conditions, including fire, loss of control and other abnormal 
conditions, occur. The degree of control system redundancy should vary 
with hazard exposure and probable consequences of failure. It is 
recommended that surface shut-in systems have redundant or ``fail 
close'' valving. Subsurface safety valves may not be needed in producing 
wells that will not flow but should be installed as required by 
applicable State regulations.
    (xiii) In order that there will be no misunderstanding of joint and 
separate duties and obligations to perform work in a safe and pollution 
free manner, written instructions should be prepared by the owner or 
operator for contractors and subcontractors to follow whenever contract 
activities include servicing a well or systems appurtenant to a well or 
pressure vessel. Such instructions and procedures should be maintained 
at the offshore production facility. Under certain circumstances and 
conditions such contractor activities may require the presence at the 
facility of an authorized representative of the owner or operator who 
would intervene when necessary to prevent a spill event.
    (xiv) All manifolds (headers) should be equipped with check valves 
on individual flowlines.
    (xv) If the shut-in well pressure is greater than the working 
pressure of the flowline and manifold valves up to and including the 
header valves associated with that individual flowline, the flowline 
should be equipped with a high pressure sensing device and shut-in valve 
at the wellhead unless provided with a pressure relief system to prevent 
over pressuring.
    (xvi) All pipelines appurtenant to the facility should be protected 
from corrosion. Methods used, such as protective coatings or cathodic 
protection, should be discussed.
    (xvii) Sub-marine pipelines appurtenant to the facility should be 
adequately protected against environmental stresses and other activities 
such as fishing operations.
    (xviii) Sub-marine pipelines appurtenant to the facility should be 
in good operating condition at all times and inspected on a scheduled 
periodic basis for failures. Such inspections should be documented and 
maintained at the facility.
    (8) Inspections and records. Inspections required by this part 
should be in accordance with written procedures developed for the 
facility by the owner or operator. These written procedures and a record 
of the inspections, signed by the appropriate supervisor or inspector, 
should be made part of the SPCC Plan and maintained for a period of 
three years.
    (9) Security (excluding oil production facilities). (i) All plants 
handling, processing, and storing oil should be fully fenced, and 
entrance gates should be locked and/or guarded when the plant is not in 
production or is unattended.
    (ii) The master flow and drain valves and any other valves that will 
permit direct outward flow of the tank's content to the surface should 
be securely locked in the closed position when in non-operating or non-
standby status.
    (iii) The starter control on all oil pumps should be locked in the 
``off'' position or located at a site accessible only to authorized 
personnel when the pumps are in a non-operating or non-standby status.
    (iv) The loading/unloading connections of oil pipelines should be 
securely capped or blank-flanged when not in service or standby service 
for an extended time. This security practice should also apply to 
pipelines that are emptied of liquid content either by draining or by 
inert gas pressure.
    (v) Facility lighting should be commensurate with the type and 
location of the facility. Consideration should be given to: (A) 
Discovery of spills occurring during hours of darkness, both by 
operating personnel, if present, and by non-operating personnel (the 
general public, local police, etc.) and (B) prevention of spills 
occurring through acts of vandalism.

[[Page 302]]

    (10) Personnel, training and spill prevention procedures. (i) Owners 
or operators are responsible for properly instructing their personnel in 
the operation and maintenance of equipment to prevent the discharges of 
oil and applicable pollution control laws, rules and regulations.
    (ii) Each applicable facility should have a designated person who is 
accountable for oil spill prevention and who reports to line management.
    (iii) Owners or operators should schedule and conduct spill 
prevention briefings for their operating personnel at intervals frequent 
enough to assure adequate understanding of the SPCC Plan for that 
facility. Such briefings should highlight and describe known spill 
events or failures, malfunctioning components, and recently developed 
precautionary measures.

Sec. 112.20  Facility response plans.

    (a) The owner or operator of any non-transportation-related onshore 
facility that, because of its location, could reasonably be expected to 
cause substantial harm to the environment by discharging oil into or on 
the navigable waters or adjoining shorelines shall prepare and submit a 
facility response plan to the Regional Administrator, according to the 
following provisions:
    (1) For the owner or operator of a facility in operation on or 
before February 18, 1993 who is required to prepare and submit a 
response plan under 33 U.S.C. 1321(j)(5), the Oil Pollution Act of 1990 
(Pub. L. 101-380, 33 U.S.C. 2701 et seq.) requires the submission of a 
response plan that satisfies the requirements of 33 U.S.C. 1321(j)(5) no 
later than February 18, 1993.
    (i) The owner or operator of an existing facility that was in 
operation on or before February 18, 1993 who submitted a response plan 
by February 18, 1993 shall revise the response plan to satisfy the 
requirements of this section and resubmit the response plan or updated 
portions of the response plan to the Regional Administrator by February 
18, 1995.
    (ii) The owner or operator of an existing facility in operation on 
or before February 18, 1993 who failed to submit a response plan by 
February 18, 1993 shall prepare and submit a response plan that 
satisfies the requirements of this section to the Regional Administrator 
before August 30, 1994.
    (2) The owner or operator of a facility in operation on or after 
August 30, 1994 that satisfies the criteria in paragraph (f)(1) of this 
section or that is notified by the Regional Administrator pursuant to 
paragraph (b) of this section shall prepare and submit a facility 
response plan that satisfies the requirements of this section to the 
Regional Administrator.
    (i) For a facility that commenced operations after February 18, 1993 
but prior to August 30, 1994, and is required to prepare and submit a 
response plan based on the criteria in paragraph (f)(1) of this section, 
the owner or operator shall submit the response plan or updated portions 
of the response plan, along with a completed version of the response 
plan cover sheet contained in Appendix F to this part, to the Regional 
Administrator prior to August 30, 1994.
    (ii) For a newly constructed facility that commences operation after 
August 30, 1994, and is required to prepare and submit a response plan 
based on the criteria in paragraph (f)(1) of this section, the owner or 
operator shall submit the response plan, along with a completed version 
of the response plan cover sheet contained in Appendix F to this part, 
to the Regional Administrator prior to the start of operations 
(adjustments to the response plan to reflect changes that occur at the 
facility during the start-up phase of operations must be submitted to 
the Regional Administrator after an operational trial period of 60 
days).
    (iii) For a facility required to prepare and submit a response plan 
after August 30, 1994, as a result of a planned change in design, 
construction, operation, or maintenance that renders the facility 
subject to the criteria in paragraph (f)(1) of this section, the owner 
or operator shall submit the response plan, along with a completed 
version of the response plan cover sheet contained in Appendix F to this 
part, to the Regional Administrator before the portion of the facility 
undergoing change commences operations (adjustments to the response plan 
to reflect

[[Page 303]]

changes that occur at the facility during the start-up phase of 
operations must be submitted to the Regional Administrator after an 
operational trial period of 60 days).
    (iv) For a facility required to prepare and submit a response plan 
after August 30, 1994, as a result of an unplanned event or change in 
facility characteristics that renders the facility subject to the 
criteria in paragraph (f)(1) of this section, the owner or operator 
shall submit the response plan, along with a completed version of the 
response plan cover sheet contained in Appendix F to this part, to the 
Regional Administrator within six months of the unplanned event or 
change.
    (3) In the event the owner or operator of a facility that is 
required to prepare and submit a response plan uses an alternative 
formula that is comparable to one contained in Appendix C to this part 
to evaluate the criterion in paragraph (f)(1)(ii)(B) or (f)(1)(ii)(C) of 
this section, the owner or operator shall attach documentation to the 
response plan cover sheet contained in Appendix F to this part that 
demonstrates the reliability and analytical soundness of the alternative 
formula.
    (b)(1) The Regional Administrator may at any time require the owner 
or operator of any non-transportation-related onshore facility to 
prepare and submit a facility response plan under this section after 
considering the factors in paragraph (f)(2) of this section. If such a 
determination is made, the Regional Administrator shall notify the 
facility owner or operator in writing and shall provide a basis for the 
determination. If the Regional Administrator notifies the owner or 
operator in writing of the requirement to prepare and submit a response 
plan under this section, the owner or operator of the facility shall 
submit the response plan to the Regional Administrator within six months 
of receipt of such written notification.
    (2) The Regional Administrator shall review plans submitted by such 
facilities to determine whether the facility could, because of its 
location, reasonably be expected to cause significant and substantial 
harm to the environment by discharging oil into or on the navigable 
waters or adjoining shorelines.
    (c) The Regional Administrator shall determine whether a facility 
could, because of its location, reasonably be expected to cause 
significant and substantial harm to the environment by discharging oil 
into or on the navigable waters or adjoining shorelines, based on the 
factors in paragraph (f)(3) of this section. If such a determination is 
made, the Regional Administrator shall notify the owner or operator of 
the facility in writing and:
    (1) Promptly review the facility response plan;
    (2) Require amendments to any response plan that does not meet the 
requirements of this section;
    (3) Approve any response plan that meets the requirements of this 
section; and
    (4) Review each response plan periodically thereafter on a schedule 
established by the Regional Administrator provided that the period 
between plan reviews does not exceed five years.
    (d)(1) The owner or operator of a facility for which a response plan 
is required under this part shall revise and resubmit revised portions 
of the response plan within 60 days of each facility change that 
materially may affect the response to a worst case discharge, including:
    (i) A change in the facility's configuration that materially alters 
the information included in the response plan;
    (ii) A change in the type of oil handled, stored, or transferred 
that materially alters the required response resources;
    (iii) A material change in capabilities of the oil spill removal 
organization(s) that provide equipment and personnel to respond to 
discharges of oil described in paragraph (h)(5) of this section;
    (iv) A material change in the facility's spill prevention and 
response equipment or emergency response procedures; and
    (v) Any other changes that materially affect the implementation of 
the response plan.
    (2) Except as provided in paragraph (d)(1) of this section, 
amendments to personnel and telephone number lists included in the 
response plan and a

[[Page 304]]

change in the oil spill removal organization(s) that does not result in 
a material change in support capabilities do not require approval by the 
Regional Administrator. Facility owners or operators shall provide a 
copy of such changes to the Regional Administrator as the revisions 
occur.
    (3) The owner or operator of a facility that submits changes to a 
response plan as provided in paragraph (d)(1) or (d)(2) of this section 
shall provide the EPA-issued facility identification number (where one 
has been assigned) with the changes.
    (4) The Regional Administrator shall review for approval changes to 
a response plan submitted pursuant to paragraph (d)(1) of this section 
for a facility determined pursuant to paragraph (f)(3) of this section 
to have the potential to cause significant and substantial harm to the 
environment.
    (e) If the owner or operator of a facility determines pursuant to 
paragraph (a)(2) of this section that the facility could not, because of 
its location, reasonably be expected to cause substantial harm to the 
environment by discharging oil into or on the navigable waters or 
adjoining shorelines, the owner or operator shall complete and maintain 
at the facility the certification form contained in Appendix C to this 
part and, in the event an alternative formula that is comparable to one 
contained in Appendix C to this part is used to evaluate the criterion 
in paragraph (f)(1)(ii)(B) or (f)(1)(ii)(C) of this section, the owner 
or operator shall attach documentation to the certification form that 
demonstrates the reliability and analytical soundness of the comparable 
formula and shall notify the Regional Administrator in writing that an 
alternative formula was used.
    (f)(1) A facility could, because of its location, reasonably be 
expected to cause substantial harm to the environment by discharging oil 
into or on the navigable waters or adjoining shorelines pursuant to 
paragraph (a)(2) of this section, if it meets any of the following 
criteria applied in accordance with the flowchart contained in 
Attachment C-I to Appendix C to this part:
    (i) The facility transfers oil over water to or from vessels and has 
a total oil storage capacity greater than or equal to 42,000 gallons; or
    (ii) The facility's total oil storage capacity is greater than or 
equal to 1 million gallons, and one of the following is true:
    (A) The facility does not have secondary containment for each 
aboveground storage area sufficiently large to contain the capacity of 
the largest aboveground oil storage tank within each storage area plus 
sufficient freeboard to allow for precipitation;
    (B) The facility is located at a distance (as calculated using the 
appropriate formula in Appendix C to this part or a comparable formula) 
such that a discharge from the facility could cause injury to fish and 
wildlife and sensitive environments. For further description of fish and 
wildlife and sensitive environments, see Appendices I, II, and III of 
the ``Guidance for Facility and Vessel Response Plans: Fish and Wildlife 
and Sensitive Environments'' (see Appendix E to this part, section 10, 
for availability) and the applicable Area Contingency Plan prepared 
pursuant to section 311(j)(4) of the Clean Water Act;
    (C) The facility is located at a distance (as calculated using the 
appropriate formula in Appendix C to this part or a comparable formula) 
such that a discharge from the facility would shut down a public 
drinking water intake; or
    (D) The facility has had a reportable oil spill in an amount greater 
than or equal to 10,000 gallons within the last 5 years.
    (2)(i) To determine whether a facility could, because of its 
location, reasonably be expected to cause substantial harm to the 
environment by discharging oil into or on the navigable waters or 
adjoining shorelines pursuant to paragraph (b) of this section, the 
Regional Administrator shall consider the following:
    (A) Type of transfer operation;
    (B) Oil storage capacity;
    (C) Lack of secondary containment;
    (D) Proximity to fish and wildlife and sensitive environments and 
other areas determined by the Regional Administrator to possess 
ecological value;

[[Page 305]]

    (E) Proximity to drinking water intakes;
    (F) Spill history; and
    (G) Other site-specific characteristics and environmental factors 
that the Regional Administrator determines to be relevant to protecting 
the environment from harm by discharges of oil into or on navigable 
waters or adjoining shorelines.
    (ii) Any person, including a member of the public or any 
representative from a Federal, State, or local agency who believes that 
a facility subject to this section could, because of its location, 
reasonably be expected to cause substantial harm to the environment by 
discharging oil into or on the navigable waters or adjoining shorelines 
may petition the Regional Administrator to determine whether the 
facility meets the criteria in paragraph (f)(2)(i) of this section. Such 
petition shall include a discussion of how the factors in paragraph 
(f)(2)(i) of this section apply to the facility in question. The RA 
shall consider such petitions and respond in an appropriate amount of 
time.
    (3) To determine whether a facility could, because of its location, 
reasonably be expected to cause significant and substantial harm to the 
environment by discharging oil into or on the navigable waters or 
adjoining shorelines, the Regional Administrator may consider the 
factors in paragraph (f)(2) of this section as well as the following:
    (i) Frequency of past spills;
    (ii) Proximity to navigable waters;
    (iii) Age of oil storage tanks; and
    (iv) Other facility-specific and Region-specific information, 
including local impacts on public health.
    (g)(1) All facility response plans shall be consistent with the 
requirements of the National Oil and Hazardous Substance Pollution 
Contingency Plan (40 CFR part 300) and applicable Area Contingency Plans 
prepared pursuant to section 311(j)(4) of the Clean Water Act. The 
facility response plan should be coordinated with the local emergency 
response plan developed by the local emergency planning committee under 
section 303 of Title III of the Superfund Amendments and Reauthorization 
Act of 1986 (42 U.S.C. 11001 et seq.). Upon request, the owner or 
operator should provide a copy of the facility response plan to the 
local emergency planning committee or State emergency response 
commission.
    (2) The owner or operator shall review relevant portions of the 
National Oil and Hazardous Substances Pollution Contingency Plan and 
applicable Area Contingency Plan annually and, if necessary, revise the 
facility response plan to ensure consistency with these plans.
    (3) The owner or operator shall review and update the facility 
response plan periodically to reflect changes at the facility.
    (h) A response plan shall follow the format of the model facility-
specific response plan included in Appendix F to this part, unless an 
equivalent response plan has been prepared to meet State or other 
Federal requirements. A response plan that does not follow the specified 
format in Appendix F to this part shall have an emergency response 
action plan as specified in paragraphs (h)(1) of this section and be 
supplemented with a cross-reference section to identify the location of 
the elements listed in paragraphs (h)(2) through (h)(10) of this 
section. To meet the requirements of this part, a response plan shall 
address the following elements, as further described in Appendix F to 
this part:
    (1) Emergency response action plan. The response plan shall include 
an emergency response action plan in the format specified in paragraphs 
(h)(1)(i) through (viii) of this section that is maintained in the front 
of the response plan, or as a separate document accompanying the 
response plan, and that includes the following information:
    (i) The identity and telephone number of a qualified individual 
having full authority, including contracting authority, to implement 
removal actions;
    (ii) The identity of individuals or organizations to be contacted in 
the event of a discharge so that immediate communications between the 
qualified individual identified in paragraph (h)(1) of this section and 
the appropriate Federal officials and the persons providing response 
personnel and equipment can be ensured;

[[Page 306]]

    (iii) A description of information to pass to response personnel in 
the event of a reportable spill;
    (iv) A description of the facility's response equipment and its 
location;
    (v) A description of response personnel capabilities, including the 
duties of persons at the facility during a response action and their 
response times and qualifications;
    (vi) Plans for evacuation of the facility and a reference to 
community evacuation plans, as appropriate;
    (vii) A description of immediate measures to secure the source of 
the discharge, and to provide adequate containment and drainage of 
spilled oil; and
    (viii) A diagram of the facility.
    (2) Facility information. The response plan shall identify and 
discuss the location and type of the facility, the identity and tenure 
of the present owner and operator, and the identity of the qualified 
individual identified in paragraph (h)(1) of this section.
    (3) Information about emergency response. The response plan shall 
include:
    (i) The identity of private personnel and equipment necessary to 
remove to the maximum extent practicable a worst case discharge and 
other discharges of oil described in paragraph (h)(5) of this section, 
and to mitigate or prevent a substantial threat of a worst case 
discharge (To identify response resources to meet the facility response 
plan requirements of this section, owners or operators shall follow 
Appendix E to this part or, where not appropriate, shall clearly 
demonstrate in the response plan why use of Appendix E of this part is 
not appropriate at the facility and make comparable arrangements for 
response resources);
    (ii) Evidence of contracts or other approved means for ensuring the 
availability of such personnel and equipment;
    (iii) The identity and the telephone number of individuals or 
organizations to be contacted in the event of a discharge so that 
immediate communications between the qualified individual identified in 
paragraph (h)(1) of this section and the appropriate Federal official 
and the persons providing response personnel and equipment can be 
ensured;
    (iv) A description of information to pass to response personnel in 
the event of a reportable spill;
    (v) A description of response personnel capabilities, including the 
duties of persons at the facility during a response action and their 
response times and qualifications;
    (vi) A description of the facility's response equipment, the 
location of the equipment, and equipment testing;
    (vii) Plans for evacuation of the facility and a reference to 
community evacuation plans, as appropriate;
    (viii) A diagram of evacuation routes; and
    (ix) A description of the duties of the qualified individual 
identified in paragraph (h)(1) of this section, that include:
    (A) Activate internal alarms and hazard communication systems to 
notify all facility personnel;
    (B) Notify all response personnel, as needed;
    (C) Identify the character, exact source, amount, and extent of the 
release, as well as the other items needed for notification;
    (D) Notify and provide necessary information to the appropriate 
Federal, State, and local authorities with designated response roles, 
including the National Response Center, State Emergency Response 
Commission, and Local Emergency Planning Committee;
    (E) Assess the interaction of the spilled substance with water and/
or other substances stored at the facility and notify response personnel 
at the scene of that assessment;
    (F) Assess the possible hazards to human health and the environment 
due to the release. This assessment must consider both the direct and 
indirect effects of the release (i.e., the effects of any toxic, 
irritating, or asphyxiating gases that may be generated, or the effects 
of any hazardous surface water runoffs from water or chemical agents 
used to control fire and heat-induced explosion);
    (G) Assess and implement prompt removal actions to contain and 
remove the substance released;
    (H) Coordinate rescue and response actions as previously arranged 
with all response personnel;

[[Page 307]]

    (I) Use authority to immediately access company funding to initiate 
cleanup activities; and
    (J) Direct cleanup activities until properly relieved of this 
responsibility.
    (4) Hazard evaluation. The response plan shall discuss the 
facility's known or reasonably identifiable history of discharges 
reportable under 40 CFR part 110 for the entire life of the facility and 
shall identify areas within the facility where discharges could occur 
and what the potential effects of the discharges would be on the 
affected environment. To assess the range of areas potentially affected, 
owners or operators shall, where appropriate, consider the distance 
calculated in paragraph (f)(1)(ii) of this section to determine whether 
a facility could, because of its location, reasonably be expected to 
cause substantial harm to the environment by discharging oil into or on 
the navigable waters or adjoining shorelines.
    (5) Response planning levels. The response plan shall include 
discussion of specific planning scenarios for:
    (i) A worst case discharge, as calculated using the appropriate 
worksheet in Appendix D to this part. In cases where the Regional 
Administrator determines that the worst case discharge volume calculated 
by the facility is not appropriate, the Regional Administrator may 
specify the worst case discharge amount to be used for response planning 
at the facility. For complexes, the worst case planning quantity shall 
be the larger of the amounts calculated for each component of the 
facility;
    (ii) A discharge of 2,100 gallons or less, provided that this amount 
is less than the worst case discharge amount. For complexes, this 
planning quantity shall be the larger of the amounts calculated for each 
component of the facility; and
    (iii) A discharge greater than 2,100 gallons and less than or equal 
to 36,000 gallons or 10 percent of the capacity of the largest tank at 
the facility, whichever is less, provided that this amount is less than 
the worst case discharge amount. For complexes, this planning quantity 
shall be the larger of the amounts calculated for each component of the 
facility.
    (6) Discharge detection systems. The response plan shall describe 
the procedures and equipment used to detect discharges.
    (7) Plan implementation. The response plan shall describe:
    (i) Response actions to be carried out by facility personnel or 
contracted personnel under the response plan to ensure the safety of the 
facility and to mitigate or prevent discharges described in paragraph 
(h)(5) of this section or the substantial threat of such discharges;
    (ii) A description of the equipment to be used for each scenario;
    (iii) Plans to dispose of contaminated cleanup materials; and
    (iv) Measures to provide adequate containment and drainage of 
spilled oil.
    (8) Self-inspection, drills/exercises, and response training. The 
response plan shall include:
    (i) A checklist and record of inspections for tanks, secondary 
containment, and response equipment;
    (ii) A description of the drill/exercise program to be carried out 
under the response plan as described in Sec. 112.21;
    (iii) A description of the training program to be carried out under 
the response plan as described in Sec. 112.21; and
    (iv) Logs of discharge prevention meetings, training sessions, and 
drills/exercises. These logs may be maintained as an annex to the 
response plan.
    (9) Diagrams. The response plan shall include site plan and drainage 
plan diagrams.
    (10) Security systems. The response plan shall include a description 
of facility security systems.
    (11) Response plan cover sheet. The response plan shall include a 
completed response plan cover sheet provided in Section 2.0 of Appendix 
F to this part.
    (i)(1) In the event the owner or operator of a facility does not 
agree with the Regional Administrator's determination that the facility 
could, because of its location, reasonably be expected to cause 
substantial harm or significant and substantial harm to the environment 
by discharging oil into or on the navigable waters or adjoining 
shorelines, or that amendments to the facility response plan are 
necessary prior to

[[Page 308]]

approval, such as changes to the worst case discharge planning volume, 
the owner or operator may submit a request for reconsideration to the 
Regional Administrator and provide additional information and data in 
writing to support the request. The request and accompanying information 
must be submitted to the Regional Administrator within 60 days of 
receipt of notice of the Regional Administrator's original decision. The 
Regional Administrator shall consider the request and render a decision 
as rapidly as practicable.
    (2) In the event the owner or operator of a facility believes a 
change in the facility's classification status is warranted because of 
an unplanned event or change in the facility's characteristics (i.e., 
substantial harm or significant and substantial harm), the owner or 
operator may submit a request for reconsideration to the Regional 
Administrator and provide additional information and data in writing to 
support the request. The Regional Administrator shall consider the 
request and render a decision as rapidly as practicable.
    (3) After a request for reconsideration under paragraph (i)(1) or 
(i)(2) of this section has been denied by the Regional Administrator, an 
owner or operator may appeal a determination made by the Regional 
Administrator. The appeal shall be made to the EPA Administrator and 
shall be made in writing within 60 days of receipt of the decision from 
the Regional Administrator that the request for reconsideration was 
denied. A complete copy of the appeal must be sent to the Regional 
Administrator at the time the appeal is made. The appeal shall contain a 
clear and concise statement of the issues and points of fact in the 
case. It also may contain additional information from the owner or 
operator, or from any other person. The EPA Administrator may request 
additional information from the owner or operator, or from any other 
person. The EPA Administrator shall render a decision as rapidly as 
practicable and shall notify the owner or operator of the decision.

[59 FR 34098, July 1, 1994]

Sec. 112.21  Facility response training and drills/exercises.

    (a) The owner or operator of any facility required to prepare a 
facility response plan under Sec. 112.20 shall develop and implement a 
facility response training program and a drill/exercise program that 
satisfy the requirements of this section. The owner or operator shall 
describe the programs in the response plan as provided in 
Sec. 112.20(h)(8).
    (b) The facility owner or operator shall develop a facility response 
training program to train those personnel involved in oil spill response 
activities. It is recommended that the training program be based on the 
USCG's Training Elements for Oil Spill Response, as applicable to 
facility operations. An alternative program can also be acceptable 
subject to approval by the Regional Administrator.
    (1) The owner or operator shall be responsible for the proper 
instruction of facility personnel in the procedures to respond to 
discharges of oil and in applicable oil spill response laws, rules, and 
regulations.
    (2) Training shall be functional in nature according to job tasks 
for both supervisory and non-supervisory operational personnel.
    (3) Trainers shall develop specific lesson plans on subject areas 
relevant to facility personnel involved in oil spill response and 
cleanup.
    (c) The facility owner or operator shall develop a program of 
facility response drills/exercises, including evaluation procedures. A 
program that follows the National Preparedness for Response Exercise 
Program (PREP) (see Appendix E to this part, section 10, for 
availability) will be deemed satisfactory for purposes of this section. 
An alternative program can also be acceptable subject to approval by the 
Regional Administrator.

[59 FR 34101, July 1, 1994]

    Appendix A to Part 112--Memorandum of Understanding Between the 
 Secretary of Transportation and the Administrator of the Environmental 
                            Protection Agency

                         section ii--definitions

    The Environmental Protection Agency and the Department of 
Transportation agree that

[[Page 309]]

for the purposes of Executive Order 11548, the term:
    (1) Non-transportation-related onshore and offshore facilities 
means:
    (A) Fixed onshore and offshore oil well drilling facilities 
including all equipment and appurtenances related thereto used in 
drilling operations for exploratory or development wells, but excluding 
any terminal facility, unit or process integrally associated with the 
handling or transferring of oil in bulk to or from a vessel.
    (B) Mobile onshore and offshore oil well drilling platforms, barges, 
trucks, or other mobile facilities including all equipment and 
appurtenances related thereto when such mobile facilities are fixed in 
position for the purpose of drilling operations for exploratory or 
development wells, but excluding any terminal facility, unit or process 
integrally associated with the handling or transferring of oil in bulk 
to or from a vessel.
    (C) Fixed onshore and offshore oil production structures, platforms, 
derricks, and rigs including all equipment and appurtenances related 
thereto, as well as completed wells and the wellhead separators, oil 
separators, and storage facilities used in the production of oil, but 
excluding any terminal facility, unit or process integrally associated 
with the handling or transferring of oil in bulk to or from a vessel.
    (D) Mobile onshore and offshore oil production facilities including 
all equipment and appurtenances related thereto as well as completed 
wells and wellhead equipment, piping from wellheads to oil separators, 
oil separators, and storage facilities used in the production of oil 
when such mobile facilities are fixed in position for the purpose of oil 
production operations, but excluding any terminal facility, unit or 
process integrally associated with the handling or transferring of oil 
in bulk to or from a vessel.
    (E) Oil refining facilities including all equipment and 
appurtenances related thereto as well as in-plant processing units, 
storage units, piping, drainage systems and waste treatment units used 
in the refining of oil, but excluding any terminal facility, unit or 
process integrally associated with the handling or transferring of oil 
in bulk to or from a vessel.
    (F) Oil storage facilities including all equipment and appurtenances 
related thereto as well as fixed bulk plant storage, terminal oil 
storage facilities, consumer storage, pumps and drainage systems used in 
the storage of oil, but excluding inline or breakout storage tanks 
needed for the continuous operation of a pipeline system and any 
terminal facility, unit or process integrally associated with the 
handling or transferring of oil in bulk to or from a vessel.
    (G) Industrial, commercial, agricultural or public facilities which 
use and store oil, but excluding any terminal facility, unit or process 
integrally associated with the handling or transferring of oil in bulk 
to or from a vessel.
    (H) Waste treatment facilities including in-plant pipelines, 
effluent discharge lines, and storage tanks, but excluding waste 
treatment facilities located on vessels and terminal storage tanks and 
appurtenances for the reception of oily ballast water or tank washings 
from vessels and associated systems used for off-loading vessels.
    (I) Loading racks, transfer hoses, loading arms and other equipment 
which are appurtenant to a nontransportation-related facility or 
terminal facility and which are used to transfer oil in bulk to or from 
highway vehicles or railroad cars.
    (J) Highway vehicles and railroad cars which are used for the 
transport of oil exclusively within the confines of a nontransportation-
related facility and which are not intended to transport oil in 
interstate or intrastate commerce.
    (K) Pipeline systems which are used for the transport of oil 
exclusively within the confines of a nontransportation-related facility 
or terminal facility and which are not intended to transport oil in 
interstate or intrastate commerce, but excluding pipeline systems used 
to transfer oil in bulk to or from a vessel.
    (2) Transportation-related onshore and offshore facilities means:
    (A) Onshore and offshore terminal facilities including transfer 
hoses, loading arms and other equipment and appurtenances used for the 
purpose of handling or transferring oil in bulk to or from a vessel as 
well as storage tanks and appurtenances for the reception of oily 
ballast water or tank washings from vessels, but excluding terminal 
waste treatment facilities and terminal oil storage facilities.
    (B) Transfer hoses, loading arms and other equipment appurtenant to 
a non-transportation-related facility which is used to transfer oil in 
bulk to or from a vessel.
    (C) Interstate and intrastate onshore and offshore pipeline systems 
including pumps and appurtenances related thereto as well as in-line or 
breakout storage tanks needed for the continuous operation of a pipeline 
system, and pipelines from onshore and offshore oil production 
facilities, but excluding onshore and offshore piping from wellheads to 
oil separators and pipelines which are used for the transport of oil 
exclusively within the confines of a nontransportation-related facility 
or terminal facility and which are not intended to transport oil in 
interstate or intrastate commerce or to transfer oil in bulk to or from 
a vessel.
    (D) Highway vehicles and railroad cars which are used for the 
transport of oil in interstate or intrastate commerce and the

[[Page 310]]

equipment and appurtenances related thereto, and equipment used for the 
fueling of locomotive units, as well as the rights-of-way on which they 
operate. Excluded are highway vehicles and railroad cars and motive 
power used exclusively within the confines of a nontransportation-
related facility or terminal facility and which are not intended for use 
in interstate or intrastate commerce.

Appendix B to Part 112--Memorandum of Understanding Among the Secretary 
 of the Interior, Secretary of Transportation, and Administrator of the 
                     Environmental Protection Agency

                                 Purpose

    This Memorandum of Understanding (MOU) establishes the 
jurisdictional responsibilities for offshore facilities, including 
pipelines, pursuant to section 311 (j)(1)(c), (j)(5), and (j)(6)(A) of 
the Clean Water Act (CWA), as amended by the Oil Pollution Act of 1990 
(Public Law 101-380). The Secretary of the Department of the Interior 
(DOI), Secretary of the Department of Transportation (DOT), and 
Administrator of the Environmental Protection Agency (EPA) agree to the 
division of responsibilities set forth below for spill prevention and 
control, response planning, and equipment inspection activities pursuant 
to those provisions.

                               Background

    Executive Order (E.O.) 12777 (56 FR 54757) delegates to DOI, DOT, 
and EPA various responsibilities identified in section 311(j) of the 
CWA. Sections 2(b)(3), 2(d)(3), and 2(e)(3) of E.O. 12777 assigned to 
DOI spill prevention and control, contingency planning, and equipment 
inspection activities associated with offshore facilities. Section 
311(a)(11) defines the term ``offshore facility'' to include facilities 
of any kind located in, on, or under navigable waters of the United 
States. By using this definition, the traditional DOI role of regulating 
facilities on the Outer Continental Shelf is expanded by E.O. 12777 to 
include inland lakes, rivers, streams, and any other inland waters.

                            Responsibilities

    Pursuant to section 2(i) of E.O. 12777, DOI redelegates, and EPA and 
DOT agree to assume, the functions vested in DOI by sections 2(b)(3), 
2(d)(3), and 2(e)(3) of E.O. 12777 as set forth below. For purposes of 
this MOU, the term ``coast line'' shall be defined as in the Submerged 
Lands Act (43 U.S.C. 1301(c)) to mean ``the line of ordinary low water 
along that portion of the coast which is in direct contact with the open 
sea and the line marking the seaward limit of inland waters.''
    1. To EPA, DOI redelegates responsibility for non-transportation-
related offshore facilities located landward of the coast line.
    2. To DOT, DOI redelegates responsibility for transportation-related 
facilities, including pipelines, located landward of the coast line. The 
DOT retains jurisdiction for deepwater ports and their associated 
seaward pipelines, as delegated by E.O. 12777.
    3. The DOI retains jurisdiction over facilities, including 
pipelines, located seaward of the coast line, except for deepwater ports 
and associated seaward pipelines delegated by E.O. 12777 to DOT.

                             Effective Date

    This MOU is effective on the date of the final execution by the 
indicated signatories.

                               Limitations

    1. The DOI, DOT, and EPA may agree in writing to exceptions to this 
MOU on a facility-specific basis. Affected parties will receive 
notification of the exceptions.
    2. Nothing in this MOU is intended to replace, supersede, or modify 
any existing agreements between or among DOI, DOT, or EPA.

                      Modification and Termination

    Any party to this agreement may propose modifications by submitting 
them in writing to the heads of the other agency/department. No 
modification may be adopted except with the consent of all parties. All 
parties shall indicate their consent to or disagreement with any 
proposed modification within 60 days of receipt. Upon the request of any 
party, representatives of all parties shall meet for the purpose of 
considering exceptions or modifications to this agreement. This MOU may 
be terminated only with the mutual consent of all parties.

    Dated: November 8, 1993.
Bruce Babbitt,
    Secretary of the Interior.
    Dated: December 14, 1993.
Federico Pena,
    Secretary of Transportation.
    Dated: February 3, 1994.
Carol M. Browner,
    Administrator, Environmental Protection Agency.

[59 FR 34102, July 1, 1994]

            Appendix C to Part 112--Substantial Harm Criteria

                            1.0  Introduction

    The flowchart provided in Attachment C-I to this appendix shows the 
decision tree with the criteria to identify whether a facility ``could 
reasonably be expected to cause substantial harm to the environment by 
discharging into or on the navigable waters or

[[Page 311]]

adjoining shorelines.'' In addition, the Regional Administrator has the 
discretion to identify facilities that must prepare and submit facility-
specific response plans to EPA.

                            1.1  Definitions

    1.1.1  Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence River 
as far as Saint Regis, and adjacent port areas.

                 1.1.2  Higher Volume Port Areas include

    (1) Boston, MA;
    (2) New York, NY;
    (3) Delaware Bay and River to Philadelphia, PA;
    (4) St. Croix, VI;
    (5) Pascagoula, MS;
    (6) Mississippi River from Southwest Pass, LA to Baton Rouge, LA;
    (7) Louisiana Offshore Oil Port (LOOP), LA;
    (8) Lake Charles, LA;
    (9) Sabine-Neches River, TX;
    (10) Galveston Bay and Houston Ship Channel, TX;
    (11) Corpus Christi, TX;
    (12) Los Angeles/Long Beach Harbor, CA;
    (13) San Francisco Bay, San Pablo Bay, Carquinez Strait, and Suisun 
Bay to Antioch, CA;
    (14) Straits of Juan de Fuca from Port Angeles, WA to and including 
Puget Sound, WA;
    (15) Prince William Sound, AK; and
    (16) Others as specified by the Regional Administrator for any EPA 
Region.
    1.1.3  Inland Area means the area shoreward of the boundary lines 
defined in 46 CFR part 7, except in the Gulf of Mexico. In the Gulf of 
Mexico, it means the area shoreward of the lines of demarcation (COLREG 
lines as defined in 33 CFR 80.740--80.850). The inland area does not 
include the Great Lakes.
    1.1.4  Rivers and Canals means a body of water confined within the 
inland area, including the Intracoastal Waterways and other waterways 
artificially created for navigating that have project depths of 12 feet 
or less.

    2.0  Description of Screening Criteria for the Substantial Harm 
                                Flowchart

    A facility that has the potential to cause substantial harm to the 
environment in the event of a discharge must prepare and submit a 
facility-specific response plan to EPA in accordance with Appendix F to 
this part. A description of the screening criteria for the substantial 
harm flowchart is provided below:
    2.1  Non-Transportation-Related Facilities With a Total Oil Storage 
Capacity Greater Than or Equal to 42,000 Gallons Where Operations 
Include Over-Water Transfers of Oil. A non-transportation-related 
facility with a total oil storage capacity greater than 42,000 gallons 
that transfers oil over water to or from vessels must submit a response 
plan to EPA. Daily oil transfer operations at these types of facilities 
occur between barges and vessels and onshore bulk storage tanks over 
open water. These facilities are located adjacent to navigable water.
    2.2  Lack of Adequate Secondary Containment at Facilities With a 
Total Oil Storage Capacity Greater Than or Equal to 1 Million Gallons. 
Any facility with a total oil storage capacity greater than or equal to 
1 million gallons without secondary containment sufficiently large to 
contain the capacity of the largest aboveground oil storage tank within 
each area plus sufficient freeboard to allow for precipitation must 
submit a response plan to EPA. Secondary containment structures that 
meet the standard of good engineering practice for the purposes of this 
part include berms, dikes, retaining walls, curbing, culverts, gutters, 
or other drainage systems.
    2.3  Proximity to Fish and Wildlife and Sensitive Environments at 
Facilities With a Total Oil Storage Capacity Greater Than or Equal to 1 
Million Gallons. A facility with a total oil storage capacity greater 
than or equal to 1 million gallons must submit its response plan if it 
is located at a distance such that a discharge from the facility could 
cause injury (as defined at 40 CFR 112.2) to fish and wildlife and 
sensitive environments. For further description of fish and wildlife and 
sensitive environments, see Appendices I, II, and III to DOC/NOAA's 
``Guidance for Facility and Vessel Response Plans: Fish and Wildlife and 
Sensitive Environments'' (see Appendix E to this part, section 10, for 
availability) and the applicable Area Contingency Plan. Facility owners 
or operators must determine the distance at which an oil spill could 
cause injury to fish and wildlife and sensitive environments using the 
appropriate formula presented in Attachment C-III to this appendix or a 
comparable formula.
    2.4  Proximity to Public Drinking Water Intakes at Facilities with a 
Total Storage Oil Capacity Greater Than or Equal to 1 Million Gallons. A 
facility with a total storage capacity greater than or equal to 1 
million gallons must submit its response plan if it is located at a 
distance such that a discharge from the facility would shut down a 
public drinking water intake, which is analogous to a public water 
system as described at 40 CFR 143.2(c). The distance at which an oil 
spill from an SPCC-regulated facility would shut down a public drinking 
water intake shall be calculated using the appropriate formula presented 
in Attachment C-III to this appendix or a comparable formula.
    2.5  Facilities That Have Experienced Reportable Oil Spills in an 
Amount Greater Than or Equal to 10,000 Gallons Within the Past 5 Years

[[Page 312]]

and That Have a Total Oil Storage Capacity Greater Than or Equal to 1 
Million Gallons. A facility's oil spill history within the past 5 years 
shall be considered in the evaluation for substantial harm. Any facility 
with a total oil storage capacity greater than or equal to 1 million 
gallons that has experienced a reportable oil spill in an amount greater 
than or equal to 10,000 gallons within the past 5 years must submit a 
response plan to EPA.

   3.0  Certification for Facilities That Do Not Pose Substantial Harm

    If the facility does not meet the substantial harm criteria listed 
in Attachment C-I to this appendix, the owner or operator shall complete 
and maintain at the facility the certification form contained in 
Attachment C-II to this appendix. In the event an alternative formula 
that is comparable to the one in this appendix is used to evaluate the 
substantial harm criteria, the owner or operator shall attach 
documentation to the certification form that demonstrates the 
reliability and analytical soundness of the comparable formula and shall 
notify the Regional Administrator in writing that an alternative formula 
was used.

                             4.0  References

    Chow, V.T. 1959. Open Channel Hydraulics. McGraw Hill.
    USCG IFR (58 FR 7353, February 5, 1993). This document is available 
through EPA's rulemaking docket as noted in Appendix E to this part, 
section 10.

                        Attachments to Appendix C

[[Page 313]]

[GRAPHIC] [TIFF OMITTED] TC01MR92.009



[[Page 314]]

 Attachment C-II--Certification of the Applicability of the Substantial 
                              Harm Criteria

Facility Name:__________________________________________________________
Facility Address:_______________________________________________________
    1. Does the facility transfer oil over water to or from vessels and 
does the facility have a total oil storage capacity greater than or 
equal to 42,000 gallons?
    Yes ______       No ______      
    2. Does the facility have a total oil storage capacity greater than 
or equal to 1 million gallons and does the facility lack secondary 
containment that is sufficiently large to contain the capacity of the 
largest aboveground oil storage tank plus sufficient freeboard to allow 
for precipitation within any aboveground oil storage tank area?
    Yes ______       No ______      
    3. Does the facility have a total oil storage capacity greater than 
or equal to 1 million gallons and is the facility located at a distance 
(as calculated using the appropriate formula in Attachment C-III to this 
appendix or a comparable formula \1\) such that a discharge from the 
facility could cause injury to fish and wildlife and sensitive 
environments? For further description of fish and wildlife and sensitive 
environments, see Appendices I, II, and III to DOC/NOAA's ``Guidance for 
Facility and Vessel Response Plans: Fish and Wildlife and Sensitive 
Environments'' (see Appendix E to this part, section 10, for 
availability) and the applicable Area Contingency Plan.
    Yes ______      No ______      
    4. Does the facility have a total oil storage capacity greater than 
or equal to 1 million gallons and is the facility located at a distance 
(as calculated using the appropriate formula in Attachment C-III to this 
appendix or a comparable formula \1\) such that a discharge from the 
facility would shut down a public drinking water intake \2\ ?
---------------------------------------------------------------------------

    \1\ If a comparable formula is used, documentation of the 
reliability and analytical soundness of the comparable formula must be 
attached to this form.
    \2\ For the purposes of 40 CFR part 112, public drinking water 
intakes are analogous to public water systems as described at 40 CFR 
143.2(c).
---------------------------------------------------------------------------

    Yes ______      No ______      
    5. Does the facility have a total oil storage capacity greater than 
or equal to 1 million gallons and has the facility experienced a 
reportable oil spill in an amount greater than or equal to 10,000 
gallons within the last 5 years?
    Yes ______      No ______      

                              Certification

    I certify under penalty of law that I have personally examined and 
am familiar with the information submitted in this document, and that 
based on my inquiry of those individuals responsible for obtaining this 
information, I believe that the submitted information is true, accurate, 
and complete.
_______________________________________________________________________
Signature

_______________________________________________________________________
Name (please type or print)

_______________________________________________________________________
Title

_______________________________________________________________________
Date

         Attachment C-III--Calculation of the Planning Distance

                            1.0  Introduction

    1.1  The facility owner or operator must evaluate whether the 
facility is located at a distance such that a discharge from the 
facility could cause injury to fish and wildlife and sensitive 
environments or disrupt operations at a public drinking water intake. To 
quantify that distance, EPA considered oil transport mechanisms over 
land and on still, tidal influence, and moving navigable waters. EPA has 
determined that the primary concern for calculation of a planning 
distance is the transport of oil in navigable waters during adverse 
weather conditions. Therefore, two formulas have been developed to 
determine distances for planning purposes from the point of discharge at 
the facility to the potential site of impact on moving and still waters, 
respectively. The formula for oil transport on moving navigable water is 
based on the velocity of the water body and the time interval for 
arrival of response resources. The still water formula accounts for the 
spread of discharged oil over the surface of the water. The method to 
determine oil transport on tidal influence areas is based on the type of 
oil spilled and the distance down current during ebb tide and up current 
during flood tide to the point of maximum tidal influence.
    1.2  EPA's formulas were designed to be simple to use. However, 
facility owners or operators may calculate planning distances using more 
sophisticated formulas, which take into account broader scientific or 
engineering principles, or local conditions. Such comparable formulas 
may result in different planning distances than EPA's formulas. In the 
event that an alternative formula that is comparable to one contained in 
this appendix is used to evaluate the criterion in 40 CFR 
112.20(f)(1)(ii)(B) or (f)(1)(ii)(C), the owner or operator shall attach 
documentation to the response plan cover sheet contained in Appendix F 
to this part that demonstrates the reliability and analytical soundness 
of the alternative formula and shall notify the Regional Administrator 
in

[[Page 315]]

writing that an alternative formula was used.\1\
---------------------------------------------------------------------------

    \1\ For persistent oils or non-persistent oils, a worst case 
trajectory model (i.e., an alternative formula) may be substituted for 
the distance formulas described in still, moving, and tidal waters, 
subject to Regional Administrator's review of the model. An example of 
an alternative formula that is comparable to the one contained in this 
appendix would be a worst case trajectory calculation based on credible 
adverse winds, currents, and/or river stages, over a range of seasons, 
weather conditions, and river stages. Based on historical information or 
a spill trajectory model, the Agency may require that additional fish 
and wildlife and sensitive environments or public drinking water intakes 
also be protected.
---------------------------------------------------------------------------

    1.3  A regulated facility may meet the criteria for the potential to 
cause substantial harm to the environment without having to perform a 
planning distance calculation. For facilities that meet the substantial 
harm criteria because of inadequate secondary containment or oil spill 
history, as listed in the flowchart in Attachment C-I to this appendix, 
calculation of the planning distance is unnecessary. For facilities that 
do not meet the substantial harm criteria for secondary containment or 
oil spill history as listed in the flowchart, calculation of a planning 
distance for proximity to fish and wildlife and sensitive environments 
and public drinking water intakes is required, unless it is clear 
without performing the calculation (e.g., the facility is located in a 
wetland) that these areas would be impacted.
    1.4  A facility owner or operator who must perform a planning 
distance calculation on navigable water is only required to do so for 
the type of navigable water conditions (i.e., moving water, still water, 
or tidal- influenced water) applicable to the facility. If a facility 
owner or operator determines that more than one type of navigable water 
condition applies, then the facility owner or operator is required to 
perform a planning distance calculation for each navigable water type to 
determine the greatest single distance that oil may be transported. As a 
result, the final planning distance for oil transport on water shall be 
the greatest individual distance rather than a summation of each 
calculated planning distance.
    1.5  The planning distance formula for transport on moving waterways 
contains three variables: the velocity of the navigable water (v), the 
response time interval (t), and a conversion factor (c). The velocity, 
v, is determined by using the Chezy-Manning equation, which, in this 
case, models the flood flow rate of water in open channels. The Chezy-
Manning equation contains three variables which must be determined by 
facility owners or operators. Manning's Roughness Coefficient (for flood 
flow rates), n, can be determined from Table 1 of this attachment. The 
hydraulic radius, r, can be estimated using the average mid-channel 
depth from charts provided by the sources listed in Table 2 of this 
attachment. The average slope of the river, s, can be determined using 
topographic maps that can be ordered from the U.S. Geological Survey, as 
listed in Table 2 of this attachment.
    1.6  Table 3 of this attachment contains specified time intervals 
for estimating the arrival of response resources at the scene of a 
discharge. Assuming no prior planning, response resources should be able 
to arrive at the discharge site within 12 hours of the discovery of any 
oil discharge in Higher Volume Port Areas and within 24 hours in Great 
Lakes and all other river, canal, inland, and nearshore areas. The 
specified time intervals in Table 3 of Appendix C are to be used only to 
aid in the identification of whether a facility could cause substantial 
harm to the environment. Once it is determined that a plan must be 
developed for the facility, the owner or operator shall reference 
Appendix E to this part to determine appropriate resource levels and 
response times. The specified time intervals of this appendix include a 
3-hour time period for deployment of boom and other response equipment. 
The Regional Administrator may identify additional areas as appropriate.

              2.0  Oil Transport on Moving Navigable Waters

    2.1  The facility owner or operator must use the following formula 
or a comparable formula as described in Sec. 112.20(a)(3) to calculate 
the planning distance for oil transport on moving navigable water:

d=v x t x c; where
d: the distance downstream from a facility within which fish and 
          wildlife and sensitive environments could be injured or a 
          public drinking water intake would be shut down in the event 
          of an oil discharge (in miles);
v: the velocity of the river/navigable water of concern (in ft/sec) as 
          determined by Chezy-Manning's equation (see below and Tables 1 
          and 2 of this attachment);
t: the time interval specified in Table 3 based upon the type of water 
          body and location (in hours); and
c: constant conversion factor 0.68 sec<bullet>mile/hr<bullet>ft (3600 
          sec/hr <divide> 5280 ft/mile).

    2.2 Chezy-Manning's equation is used to determine velocity:
v=1.5/n x r\2/3\ x s\1/2\; where
v=the velocity of the river of concern (in ft/sec);
n=Manning's Roughness Coefficient from Table 1 of this attachment;

[[Page 316]]

r=the hydraulic radius; the hydraulic radius can be approximated for 
          parabolic channels by multiplying the average mid-channel 
          depth of the river (in feet) by 0.667 (sources for obtaining 
          the mid-channel depth are listed in Table 2 of this 
          attachment); and
s=the average slope of the river (unitless) obtained from U.S. 
          Geological Survey topographic maps at the address listed in 
          Table 2 of this attachment.

      Table 1.--Manning's Roughness Coefficient for Natural Streams     
 [Note: Coefficients are presented for high flow rates at or near flood 
                                 stage.]                                
------------------------------------------------------------------------
                                                              Roughness 
                     Stream description                      coefficient
                                                                 (n)    
------------------------------------------------------------------------
             Minor Streams (Top Width <100 ft.)                         
Clean:                                                                  
  Straight.................................................        0.03 
  Winding..................................................        0.04 
Sluggish (Weedy, deep pools):                                           
  No trees or brush........................................        0.06 
  Trees and/or brush.......................................        0.10 
             Major Streams (Top Width >100 ft.)                         
Regular section:                                                        
  (No boulders/brush)......................................       0.035 
Irregular section:                                                      
  (Brush)..................................................        0.05 
------------------------------------------------------------------------


       Table 2.--Sources of r and s for the Chezy-Manning Equation      
All of the charts and related publications for navigational waters may  
 be ordered from:                                                       
  Distribution Branch                                                   
  (N/CG33)                                                              
  National Ocean Service                                                
  Riverdale, Maryland 20737-1199                                        
  Phone: (301) 436-6990                                                 
  There will be a charge for materials ordered and a VISA or Mastercard 
   will be accepted.                                                    
The mid-channel depth to be used in the calculation of the hydraulic    
 radius (r) can be obtained directly from the following sources:        
  Charts of Canadian Coastal and Great Lakes Waters:                    
  Canadian Hydrographic Service                                         
  Department of Fisheries and Oceans Institute                          
  P.O. Box 8080                                                         
  1675 Russell Road                                                     
  Ottawa, Ontario KIG 3H6                                               
  Canada                                                                
  Phone: (613) 998-4931                                                 
                                                                        
  Charts and Maps of Lower Mississippi River                            
  (Gulf of Mexico to Ohio River and St. Francis, White, Big Sunflower,  
   Atchafalaya, and other rivers):                                      
  U.S. Army Corps of Engineers                                          
  Vicksburg District                                                    
  P.O. Box 60                                                           
  Vicksburg, Mississippi 39180                                          
  Phone: (601) 634-5000                                                 
                                                                        
  Charts of Upper Mississippi River and Illinois Waterway to Lake       
   Michigan:                                                            
  U.S. Army Corps of Engineers                                          
  Rock Island District                                                  
  P.O. Box 2004                                                         
  Rock Island, Illinois 61204                                           
  Phone: (309) 794-5552                                                 
                                                                        
  Charts of Missouri River:                                             
  U.S. Army Corps of Engineers                                          
  Omaha District                                                        
  6014 U.S. Post Office and Courthouse                                  
  Omaha, Nebraska 68102                                                 
  Phone: (402) 221-3900                                                 
                                                                        
  Charts of Ohio River:                                                 
  U.S. Army Corps of Engineers                                          
  Ohio River Division                                                   
  P.O. Box 1159                                                         
  Cincinnati, Ohio 45201                                                
  Phone: (513) 684-3002                                                 
                                                                        
  Charts of Tennessee Valley Authority Reservoirs, Tennessee River and  
   Tributaries:                                                         
  Tennessee Valley Authority                                            
  Maps and Engineering Section                                          
  416 Union Avenue                                                      
  Knoxville, Tennessee 37902                                            
  Phone: (615) 632-2921                                                 
                                                                        
  Charts of Black Warrior River, Alabama River, Tombigbee River,        
   Apalachicola River and Pearl River:                                  
  U.S. Army Corps of Engineers                                          
  Mobile District                                                       
  P.O. Box 2288                                                         
  Mobile, Alabama 36628-0001                                            
  Phone: (205) 690-2511                                                 
                                                                        
The average slope of the river (s) may be obtained from topographic     
 maps:                                                                  
  U.S. Geological Survey                                                
  Map Distribution                                                      
  Federal Center                                                        
  Bldg. 41                                                              
  Box 25286                                                             
  Denver, Colorado 80225                                                
                                                                        

[[Page 317]]

                                                                        
Additional information can be obtained from the following sources:      
  1. The State's Department of Natural Resources (DNR) or the State's   
   Aids to Navigation office;                                           
  2. A knowledgeable local marina operator; or                          
  3. A knowledgeable local water authority (e.g., State water           
   commission)                                                          
                                                                        


    2.3  The average slope of the river (s) can be determined from the 
topographic maps using the following steps:
    (1) Locate the facility on the map.
    (2) Find the Normal Pool Elevation at the point of discharge from 
the facility into the water (A).
    (3) Find the Normal Pool Elevation of the public drinking water 
intake or fish and wildlife and sensitive environment located downstream 
(B) (Note: The owner or operator should use a minimum of 20 miles 
downstream as a cutoff to obtain the average slope if the location of a 
specific public drinking water intake or fish and wildlife and sensitive 
environment is unknown).
    (4) If the Normal Pool Elevation is not available, the elevation 
contours can be used to find the slope. Determine elevation of the water 
at the point of discharge from the facility (A). Determine the elevation 
of the water at the appropriate distance downstream (B). The formula 
presented below can be used to calculate the slope.
    (5) Determine the distance (in miles) between the facility and the 
public drinking water intake or fish and wildlife and sensitive 
environments (C).
    (6) Use the following formula to find the slope, which will be a 
unitless value: Average Slope=[(A-B) (ft)/C (miles)]  x  [1 mile/5280 
feet]
    2.4  If it is not feasible to determine the slope and mid-channel 
depth by the Chezy-Manning equation, then the river velocity can be 
approximated on- site. A specific length, such as 100 feet, can be 
marked off along the shoreline. A float can be dropped into the stream 
above the mark, and the time required for the float to travel the 
distance can be used to determine the velocity in feet per second. 
However, this method will not yield an average velocity for the length 
of the stream, but a velocity only for the specific location of 
measurement. In addition, the flow rate will vary depending on weather 
conditions such as wind and rainfall. It is recommended that facility 
owners or operators repeat the measurement under a variety of conditions 
to obtain the most accurate estimate of the surface water velocity under 
adverse weather conditions.
    2.5  The planning distance calculations for moving and still 
navigable waters are based on worst case discharges of persistent oils. 
Persistent oils are of concern because they can remain in the water for 
significant periods of time and can potentially exist in large 
quantities downstream. Owners or operators of facilities that store 
persistent as well as non-persistent oils may use a comparable formula. 
The volume of oil discharged is not included as part of the planning 
distance calculation for moving navigable waters. Facilities that will 
meet this substantial harm criterion are those with facility capacities 
greater than or equal to 1 million gallons. It is assumed that these 
facilities are capable of having an oil discharge of sufficient quantity 
to cause injury to fish and wildlife and sensitive environments or shut 
down a public drinking water intake. While owners or operators of 
transfer facilities that store greater than or equal to 42,000 gallons 
are not required to use a planning distance formula for purposes of the 
substantial harm criteria, they should use a planning distance 
calculation in the development of facility-specific response plans.

                   Table 3.--Specified Time Intervals                   
------------------------------------------------------------------------
                                              Substantial harm planning 
              Operating areas                        time (hrs)         
------------------------------------------------------------------------
Higher volume port area...................  12 hour arrival+3 hour      
                                             deployment=15 hours.       
Great Lakes...............................  24 hour arrival+3 hour      
                                             deployment=27 hours.       
All other rivers and canals, inland, and    24 hour arrival+3 hour      
 nearshore areas.                            deployment=27 hours.       
------------------------------------------------------------------------

    2.6  Example of the Planning Distance Calculation for Oil Transport 
on Moving Navigable Waters. The following example provides a sample 
calculation using the planning distance formula for a facility 
discharging oil into the Monongahela River:
    (1) Solve for v by evaluating n, r, and s for the Chezy-Manning 
equation:
    Find the roughness coefficient, n, on Table 1 of this attachment for 
a regular section of a major stream with a top width greater than 100 
feet. The top width of the river can be found from the topographic map.

n=0.035.
Find slope, s, where A=727 feet, B=710 feet, and C=25 miles.

Solving:
s=[(727 ft-1710 ft)/25 miles] x [1 mile/5280 feet]=1.3 x 10<SUP>-4

    The average mid-channel depth is found by averaging the mid-channel 
depth for each mile along the length of the river between

[[Page 318]]

the facility and the public drinking water intake or the fish or 
wildlife or sensitive environment (or 20 miles downstream if 
applicable). This value is multiplied by 0.667 to obtain the hydraulic 
radius. The mid-channel depth is found by obtaining values for r and s 
from the sources shown in Table 2 for the Monongahela River.

Solving:
r=0.667 x 20 feet=13.33 feet
Solve for v using:
v=1.5/n x r<SUP>2/3 x s<SUP>1/2:
v=[1.5/0.035] x (13.33)<SUP>2/3 x (1.3 x 10<SUP>-4)<SUP>1/2
v=2.73 feet/second
    (2) Find t from Table 3 of this attachment. The Monongahela River's 
resource response time is 27 hours.
    (3) Solve for planning distance, d:

d=v x t x c
d=(2.73 ft/sec) x (27 hours) x (0.68 sec<bullet>mile/hr<bullet>ft)
d=50 miles

Therefore, 50 miles downstream is the appropriate planning distance for 
this facility.

                    3.0  Oil Transport on Still Water

    3.1  For bodies of water including lakes or ponds that do not have a 
measurable velocity, the spreading of the oil over the surface must be 
considered. Owners or operators of facilities located next to still 
water bodies may use a comparable means of calculating the planning 
distance. If a comparable formula is used, documentation of the 
reliability and analytical soundness of the comparable calculation must 
be attached to the response plan cover sheet.
    3.2  Example of the Planning Distance Calculation for Oil Transport 
on Still Water. To assist those facilities which could potentially 
discharge into a still body of water, the following analysis was 
performed to provide an example of the type of formula that may be used 
to calculate the planning distance. For this example, a worst case 
discharge of 2,000,000 gallons is used.
    (1) The surface area in square feet covered by an oil spill on still 
water, A1, can be determined by the following formula,\2\ where V is the 
volume of the spill in gallons and C is a constant conversion factor:

    \2\ Huang, J.C. and Monastero, F.C., 1982. Review of the State-of-
the-Art of Oil Pollution Models. Final report submitted to the American 
Petroleum Institute by Raytheon Ocean Systems, Co., East Providence, 
Rhode Island.
---------------------------------------------------------------------------

A<INF>1=10<SUP>5 x V\<SUP>3/4\ x C
C=0.1643
A<INF>1=10<SUP>5 x (2,000,000 gallons)\<SUP>3/4\ x (0.1643)
A<INF>1=8.74 x 10<SUP>8 ft<SUP>2
    (2) The spreading formula is based on the theoretical condition that 
the oil will spread uniformly in all directions forming a circle. In 
reality, the outfall of the discharge will direct the oil to the surface 
of the water where it intersects the shoreline. Although the oil will 
not spread uniformly in all directions, it is assumed that the discharge 
will spread from the shoreline into a semi-circle (this assumption does 
not account for winds or wave action).
    (3) The area of a circle=<dagger>r<SUP>2
    (4) To account for the assumption that oil will spread in a semi-
circular shape, the area of a circle is divided by 2 and is designated 
as A<INF>2.

A<INF>2=(<dagger>r<SUP>2)/2
Solving for the radius, r, using the relationship A<INF>1=A<INF>2: 
          8.74 x 10<SUP>8 ft<SUP>2=(<dagger><SUP>2)/2
Therefore, r=23,586 ft
r=23,586 ft<divide>5,280 ft/mile=4.5 miles
Assuming a 20 knot wind under storm conditions:
1 knot=1.15 miles/hour
20 knots x 1.15 miles/hour/knot=23 miles/hr
Assuming that the oil slick moves at 3 percent of the wind's speed:\3\
---------------------------------------------------------------------------

    \3\ Oil Spill Prevention & Control. National Spill Control School, 
Corpus Christi State University, Thirteenth Edition, May 1990.
---------------------------------------------------------------------------

23 miles/hour x 0.03=0.69 miles/hour

    (5) To estimate the distance that the oil will travel, use the times 
required for response resources to arrive at different geographic 
locations as shown in Table 3 of this attachment.

For example:
For Higher Volume Port Areas: 15 hrs x 0.69 miles/hr=10.4 miles
For Great Lakes and all other areas: 27 hrs x 0.69 miles/hr=18.6 miles
    (6) The total distance that the oil will travel from the point of 
discharge, including the distance due to spreading, is calculated as 
follows:

Higher Volume Port Areas: d=10.4+4.5 miles or approximately 15 miles
Great Lakes and all other areas: d=18.6+4.5 miles or approximately 23 
          miles

               4.0  Oil Transport on Tidal-Influence Areas

    4.1  The planning distance method for tidal influence navigable 
water is based on worst case discharges of persistent and non-persistent 
oils. Persistent oils are of primary concern because they can 
potentially cause harm over a greater distance. For persistent oils 
discharged into tidal waters, the planning distance is 15 miles from the 
facility down current during ebb tide and to the point of maximum tidal 
influence or 15 miles, whichever is less, during flood tide.
    4.2  For non-persistent oils discharged into tidal waters, the 
planning distance is 5 miles from the facility down current during ebb 
tide and to the point of maximum tidal influence or 5 miles, whichever 
is less, during flood tide.

[[Page 319]]

    4.3  Example of Determining the Planning Distance for Two Types of 
Navigable Water Conditions. Below is an example of how to determine the 
proper planning distance when a facility could impact two types of 
navigable water conditions: moving water and tidal water.
    (1) Facility X stores persistent oil and is located downstream from 
locks along a slow moving river which is affected by tides. The river 
velocity, v, is determined to be 0.5 feet/second from the Chezy-Manning 
equation used to calculate oil transport on moving navigable waters. The 
specified time interval, t, obtained from Table 3 of this attachment for 
river areas is 27 hours. Therefore, solving for the planning distance, 
d:

d=v x t x c
d=(0.5 ft/sec) x (27 hours) x (0.68 sec\mile/hr\ft)
d=9.18 miles.

    (2) However, the planning distance for maximum tidal influence down 
current during ebb tide is 15 miles, which is greater than the 
calculated 9.18 miles. Therefore, 15 miles downstream is the appropriate 
planning distance for this facility.

                      5.0  Oil Transport Over Land

    5.1  Facility owners or operators must evaluate the potential for 
oil to be transported over land to navigable waters of the United 
States. The owner or operator must evaluate the likelihood that portions 
of a worst case discharge would reach navigable waters via open channel 
flow or from sheet flow across the land, or be prevented from reaching 
navigable waters when trapped in natural or man-made depressions 
excluding secondary containment structures.
    5.2  As discharged oil travels over land, it may enter a storm drain 
or open concrete channel intended for drainage. It is assumed that once 
oil reaches such an inlet, it will flow into the receiving navigable 
water. During a storm event, it is highly probable that the oil will 
either flow into the drainage structures or follow the natural contours 
of the land and flow into the navigable water. Expected minimum and 
maximum velocities are provided as examples of open concrete channel and 
pipe flow. The ranges listed below reflect minimum and maximum 
velocities used as design criteria.\4\ The calculation below 
demonstrates that the time required for oil to travel through a storm 
drain or open concrete channel to navigable water is negligible and can 
be considered instantaneous. The velocities are:

    \4\ The design velocities were obtained from Howard County, Maryland 
Department of Public Works' Storm Drainage Design Manual.
---------------------------------------------------------------------------

For open concrete channels:
maximum velocity=25 feet per second
minimum velocity=3 feet per second
For storm drains:
maximum velocity=25 feet per second
minimum velocity=2 feet per second

    5.3  Assuming a length of 0.5 mile from the point of discharge 
through an open concrete channel or concrete storm drain to a navigable 
water, the travel times (distance/velocity) are:

1.8 minutes at a velocity of 25 feet per second
14.7 minutes at a velocity of 3 feet per second
22.0 minutes for at a velocity of 2 feet per second

    5.4  The distances that shall be considered to determine the 
planning distance are illustrated in Figure C-I of this attachment. The 
relevant distances can be described as follows:

D1=Distance from the nearest opportunity for discharge, X<INF>1, to a 
          storm drain or an open concrete channel leading to navigable 
          water.
D2=Distance through the storm drain or open concrete channel to 
          navigable water.
D3=Distance downstream from the outfall within which fish and wildlife 
          and sensitive environments could be injured or a public 
          drinking water intake would be shut down as determined by the 
          planning distance formula.
D4=Distance from the nearest opportunity for discharge, X<INF>2, to fish 
          and wildlife and sensitive environments not bordering 
          navigable water.

    5.5  A facility owner or operator whose nearest opportunity for 
discharge is located within 0.5 mile of a navigable water must complete 
the planning distance calculation (D3) for the type of navigable water 
near the facility or use a comparable formula.
    5.6  A facility that is located at a distance greater than 0.5 mile 
from a navigable water must also calculate a planning distance (D3) if 
it is in close proximity (i.e., D1 is less than 0.5 mile and other 
factors are conducive to oil travel over land) to storm drains that flow 
to navigable waters. Factors to be considered in assessing oil transport 
over land to storm drains shall include the topography of the 
surrounding area, drainage patterns, man-made barriers (excluding 
secondary containment structures), and soil distribution and porosity. 
Storm drains or concrete drainage channels that are located in close 
proximity to the facility can provide a direct pathway to navigable 
waters, regardless of the length of the drainage pipe. If D1 is less 
than or equal to 0.5 mile, a discharge from the facility could pose 
substantial harm because the time to travel the distance from the storm 
drain to the navigable water (D2) is virtually instantaneous.

[[Page 320]]

    5.7  A facility's proximity to fish and wildlife and sensitive 
environments not bordering a navigable water, as depicted as D4 in 
Figure C-I of this attachment, must also be considered, regardless of 
the distance from the facility to navigable waters. Factors to be 
considered in assessing oil transport over land to fish and wildlife and 
sensitive environments should include the topography of the surrounding 
area, drainage patterns, man-made barriers (excluding secondary 
containment structures), and soil distribution and porosity.
    5.8  If a facility is not found to pose substantial harm to fish and 
wildlife and sensitive environments not bordering navigable waters via 
oil transport on land, then supporting documentation should be 
maintained at the facility. However, such documentation should be 
submitted with the response plan if a facility is found to pose 
substantial harm.

[[Page 321]]

[GRAPHIC] [TIFF OMITTED] TC01MR92.010


[59 FR 34102, July 1, 1994]

[[Page 322]]



Appendix D to Part 112--Determination of a Worst Case Discharge Planning 
                                 Volume

                            1.0  Instructions

    1.1  An owner or operator is required to complete this worksheet if 
the facility meets the criteria, as presented in Appendix C to this 
part, or it is determined by the RA that the facility could cause 
substantial harm to the environment. The calculation of a worst case 
discharge planning volume is used for emergency planning purposes, and 
is required in 40 CFR 112.20 for facility owners or operators who must 
prepare a response plan. When planning for the amount of resources and 
equipment necessary to respond to the worst case discharge planning 
volume, adverse weather conditions must be taken into consideration. An 
owner or operator is required to determine the facility's worst case 
discharge planning volume from either Part A of this appendix for an 
onshore storage facility, or Part B of this appendix for an onshore 
production facility. The worksheet considers the provision of adequate 
secondary containment at a facility.
    1.2  For onshore storage facilities and production facilities, 
permanently manifolded oil storage tanks are defined as tanks that are 
designed, installed, and/or operated in such a manner that the multiple 
tanks function as one storage unit (i.e., multiple tank volumes are 
equalized). In a worst case discharge scenario, a single failure could 
cause the discharge of the contents of more than one tank. The owner or 
operator must provide evidence in the response plan that tanks with 
common piping or piping systems are not operated as one unit. If such 
evidence is provided and is acceptable to the RA, the worst case 
discharge planning volume would be based on the capacity of the largest 
oil storage tank within a common secondary containment area or the 
largest oil storage tank within a single secondary containment area, 
whichever is greater. For permanently manifolded tanks that function as 
one oil storage unit, the worst case discharge planning volume would be 
based on the combined oil storage capacity of all manifolded tanks or 
the capacity of the largest single oil storage tank within a secondary 
containment area, whichever is greater. For purposes of this rule, 
permanently manifolded tanks that are separated by internal divisions 
for each tank are considered to be single tanks and individual 
manifolded tank volumes are not combined.
    1.3  For production facilities, the presence of exploratory wells, 
production wells, and oil storage tanks must be considered in the 
calculation. Part B of this appendix takes these additional factors into 
consideration and provides steps for their inclusion in the total worst 
case discharge planning volume. Onshore oil production facilities may 
include all wells, flowlines, separation equipment, storage facilities, 
gathering lines, and auxiliary non-transportation-related equipment and 
facilities in a single geographical oil or gas field operated by a 
single operator. Although a potential worst case discharge planning 
volume is calculated within each section of the worksheet, the final 
worst case amount depends on the risk parameter that results in the 
greatest volume.
    1.4  Marine transportation-related transfer facilities that contain 
fixed aboveground onshore structures used for bulk oil storage are 
jointly regulated by EPA and the U.S. Coast Guard (USCG), and are termed 
``complexes.'' Because the USCG also requires response plans from 
transportation-related facilities to address a worst case discharge of 
oil, a separate calculation for the worst case discharge planning volume 
for USCG-related facilities is included in the USCG IFR (see Appendix E 
to this part, section 10, for availability). All complexes that are 
jointly regulated by EPA and the USCG must compare both calculations for 
worst case discharge planning volume derived by using the EPA and USCG 
methodologies and plan for whichever volume is greater.

  PART A: WORST CASE DISCHARGE PLANNING VOLUME CALCULATION FOR ONSHORE 
                         STORAGE FACILITIES \1\
---------------------------------------------------------------------------

    \1\ ``Storage facilities'' represent all facilities subject to this 
part, excluding oil production facilities.
---------------------------------------------------------------------------

    Part A of this worksheet is to be completed by the owner or operator 
of an SPCC-regulated facility (excluding oil production facilities) if 
the facility meets the criteria as presented in Appendix C to this part, 
or if it is determined by the RA that the facility could cause 
substantial harm to the environment. If you are the owner or operator of 
a production facility, please proceed to Part B of this worksheet.

                       A.1  SINGLE-TANK FACILITIES

    For facilities containing only one aboveground oil storage tank, the 
worst case discharge planning volume equals the capacity of the oil 
storage tank. If adequate secondary containment (sufficiently large to 
contain the capacity of the aboveground oil storage tank plus sufficient 
freeboard to allow for precipitation) exists for the oil storage tank, 
multiply the capacity of the tank by 0.8.
    (1) FINAL WORST CASE VOLUME: ________ GAL
    (2) Do not proceed further.

[[Page 323]]

          A.2  SECONDARY CONTAINMENT--MULTIPLE-TANK FACILITIES

    Are all aboveground oil storage tanks or groups of aboveground oil 
storage tanks at the facility without adequate secondary containment? 
\2\

    \2\ Secondary containment is defined in 40 CFR 112.7(e)(2). 
Acceptable methods and structures for containment are also given in 40 
CFR 112.7(c)(1).
---------------------------------------------------------------------------

________ (Y/N)

    A.2.1  If the answer is yes, the final worst case discharge planning 
volume equals the total aboveground oil storage capacity at the 
facility.
    (1) FINAL WORST CASE VOLUME: ________ GAL
    (2) Do not proceed further.
    A.2.2  If the answer is no, calculate the total aboveground oil 
storage capacity of tanks without adequate secondary containment. If all 
aboveground oil storage tanks or groups of aboveground oil storage tanks 
at the facility have adequate secondary containment, ENTER ``0'' (zero).

________ GAL

    A.2.3  Calculate the capacity of the largest single aboveground oil 
storage tank within an adequate secondary containment area or the 
combined capacity of a group of aboveground oil storage tanks 
permanently manifolded together, whichever is greater, PLUS THE VOLUME 
FROM QUESTION A.2.2.
    FINAL WORST CASE VOLUME: \3\ ________ GAL
---------------------------------------------------------------------------

    \3\ All complexes that are jointly regulated by EPA and the USCG 
must also calculate the worst case discharge planning volume for the 
transportation-related portions of the facility and plan for whichever 
volume is greater.
---------------------------------------------------------------------------

  PART B: WORST CASE DISCHARGE PLANNING VOLUME CALCULATION FOR ONSHORE 
                          PRODUCTION FACILITIES

    Part B of this worksheet is to be completed by the owner or operator 
of an SPCC-regulated oil production facility if the facility meets the 
criteria presented in Appendix C to this part, or if it is determined by 
the RA that the facility could cause substantial harm. A production 
facility consists of all wells (producing and exploratory) and related 
equipment in a single geographical oil or gas field operated by a single 
operator.

                       B.1  SINGLE-TANK FACILITIES

    B.1.1  For facilities containing only one aboveground oil storage 
tank, the worst case discharge planning volume equals the capacity of 
the aboveground oil storage tank plus the production volume of the well 
with the highest output at the facility. If adequate secondary 
containment (sufficiently large to contain the capacity of the 
aboveground oil storage tank plus sufficient freeboard to allow for 
precipitation) exists for the storage tank, multiply the capacity of the 
tank by 0.8.
    B.1.2  For facilities with production wells producing by pumping, if 
the rate of the well with the highest output is known and the number of 
days the facility is unattended can be predicted, then the production 
volume is equal to the pumping rate of the well multiplied by the 
greatest number of days the facility is unattended.
    B.1.3  If the pumping rate of the well with the highest output is 
estimated or the maximum number of days the facility is unattended is 
estimated, then the production volume is determined from the pumping 
rate of the well multiplied by 1.5 times the greatest number of days 
that the facility has been or is expected to be unattended.
    B.1.4  Attachment D-1 to this appendix provides methods for 
calculating the production volume for exploratory wells and production 
wells producing under pressure.
    (1) FINAL WORST CASE VOLUME: ________ GAL
    (2) Do not proceed further.

          B.2  SECONDARY CONTAINMENT--MULTIPLE-TANK FACILITIES

    Are all aboveground oil storage tanks or groups of aboveground oil 
storage tanks at the facility without adequate secondary containment?

______ (Y/N)

    B.2.1  If the answer is yes, the final worst case volume equals the 
total aboveground oil storage capacity without adequate secondary 
containment plus the production volume of the well with the highest 
output at the facility.
    (1) For facilities with production wells producing by pumping, if 
the rate of the well with the highest output is known and the number of 
days the facility is unattended can be predicted, then the production 
volume is equal to the pumping rate of the well multiplied by the 
greatest number of days the facility is unattended.
    (2) If the pumping rate of the well with the highest output is 
estimated or the maximum number of days the facility is unattended is 
estimated, then the production volume is determined from the pumping 
rate of the well multiplied by 1.5 times the greatest number of days 
that the facility has been or is expected to be unattended.
    (3) Attachment D-1 to this appendix provides methods for calculating 
the production volumes for exploratory wells and production wells 
producing under pressure.
    (A) FINAL WORST CASE VOLUME: ________ GAL
    (B) Do not proceed further.

[[Page 324]]

    B.2.2  If the answer is no, calculate the total aboveground oil 
storage capacity of tanks without adequate secondary containment. If all 
aboveground oil storage tanks or groups of aboveground oil storage tanks 
at the facility have adequate secondary containment, ENTER ``0'' (zero).

________ GAL

    B.2.3  Calculate the capacity of the largest single aboveground oil 
storage tank within an adequate secondary containment area or the 
combined capacity of a group of aboveground oil storage tanks 
permanently manifolded together, whichever is greater, plus the 
production volume of the well with the highest output, PLUS THE VOLUME 
FROM QUESTION B.2.2. Attachment D-1 provides methods for calculating the 
production volumes for exploratory wells and production wells producing 
under pressure.
    (1) FINAL WORST CASE VOLUME: \4\ ________ GAL
---------------------------------------------------------------------------

    \4\ All complexes that are jointly regulated by EPA and the USCG 
must also calculate the worst case discharge planning volume for the 
transportation-related portions of the facility and plan for whichever 
volume is greater.
---------------------------------------------------------------------------

    (2) Do not proceed further.

                        Attachments to Appendix D

 Attachment D-I--Methods to Calculate Production Volumes for Production 
 Facilities With Exploratory Wells or Production Wells Producing Under 
                                Pressure

                            1.0  Introduction

    The owner or operator of a production facility with exploratory 
wells or production wells producing under pressure shall compare the 
well rate of the highest output well (rate of well), in barrels per day, 
to the ability of response equipment and personnel to recover the volume 
of oil that could be discharged (rate of recovery), in barrels per day. 
The result of this comparison will determine the method used to 
calculate the production volume for the production facility. This 
production volume is to be used to calculate the worst case discharge 
planning volume in Part B of this appendix.

                       2.0  Description of Methods

    2.1  Method A
    If the well rate would overwhelm the response efforts (i.e., rate of 
well/rate of recovery <gr-thn-eq> 1), then the production volume would 
be the 30-day forecasted well rate for a well 10,000 feet deep or less, 
or the 45-day forecasted well rate for a well deeper than 10,000 feet.
    (1) For wells 10,000 feet deep or less:
Production volume=30 days  x  rate of well.
    (2) For wells deeper than 10,000 feet:
Production volume=45 days  x  rate of well.
    2.2  Method B
    2.2.1  If the rate of recovery would be greater than the well rate 
(i.e., rate of well/rate of recovery <1), then the production volume 
would equal the sum of two terms:

Production volume=discharge volume<INF>1 + discharge volume<INF>2

    2.2.2  The first term represents the volume of the oil discharged 
from the well between the time of the blowout and the time the response 
resources are on scene and recovering oil (discharge volume<INF>1).

Discharge volume<INF>1=(days unattended+days to respond)  x  (rate of 
          well)

    2.2.3  The second term represents the volume of oil discharged from 
the well after the response resources begin operating until the spill is 
stopped, adjusted for the recovery rate of the response resources 
(discharge volume<INF>2).
    (1) For wells 10,000 feet deep or less:
Discharge volume<INF>2=[30 days-(days unattended + days to respond)]  x  
          (rate of well)  x  (rate of well/rate of recovery)
    (2) For wells deeper than 10,000 feet:
Discharge volume<INF>2=[45 days-(days unattended + days to respond)]  x  
          (rate of well)  x  (rate of well/rate of recovery)

                              3.0  Example

    3.1  A facility consists of two production wells producing under 
pressure, which are both less than 10,000 feet deep. The well rate of 
well A is 5 barrels per day, and the well rate of well B is 10 barrels 
per day. The facility is unattended for a maximum of 7 days. The 
facility operator estimates that it will take 2 days to have response 
equipment and personnel on scene and responding to a blowout, and that 
the projected rate of recovery will be 20 barrels per day.
    (1) First, the facility operator determines that the highest output 
well is well B. The facility operator calculates the ratio of the rate 
of well to the rate of recovery:

10 barrels per day/20 barrels per day=0.5 Because the ratio is less than 
          one, the facility operator will use Method B to calculate the 
          production volume.
    (2) The first term of the equation is:

Discharge volume<INF>1=(7 days + 2 days)  x  (10 barrels per day)=90 
          barrels

    (3) The second term of the equation is:

Discharge volume<INF>2=[30 days--(7 days + 2 days)]  x  (10 barrels per 
          day)  x  (0.5)=105 barrels

    (4) Therefore, the production volume is:

Production volume=90 barrels + 105 barrels=195 barrels

    3.2  If the recovery rate was 5 barrels per day, the ratio of rate 
of well to rate of recovery would be 2, so the facility operator would

[[Page 325]]

use Method A. The production volume would have been:

30 days  x  10 barrels per day=300 barrels

[59 FR 34110, July 1, 1994; 59 FR 49006, Sept. 26, 1994]

    Appendix E to Part 112--Determination and Evaluation of Required 
             Response Resources for Facility Response Plans

                      1.0  Purpose and Definitions

    1.1  The purpose of this appendix is to describe the procedures to 
identify response resources to meet the requirements of Sec. 112.20. To 
identify response resources to meet the facility response plan 
requirements of 40 CFR 112.20(h), owners or operators shall follow this 
appendix or, where not appropriate, shall clearly demonstrate in the 
response plan why use of this appendix is not appropriate at the 
facility and make comparable arrangements for response resources.
    1.2  Definitions.
    1.2.1  Nearshore is an operating area defined as extending seaward 
12 miles from the boundary lines defined in 46 CFR part 7, except in the 
Gulf of Mexico. In the Gulf of Mexico, it means the area extending 12 
miles from the line of demarcation (COLREG lines) defined in 49 CFR 
80.740 and 80.850.
    1.2.2  Non-persistent oils or Group 1 oils include:
    (1) A petroleum-based oil that, at the time of shipment, consists of 
hydrocarbon fractions:
    (A) At least 50 percent of which by volume, distill at a temperature 
of 340 degrees C (645 degrees F); and
    (B) At least 95 percent of which by volume, distill at a temperature 
of 370 degrees C (700 degrees F); and
    (2) A non-petroleum oil with a specific gravity less than 0.8.
    1.2.3  Non-petroleum oil is oil of any kind that is not petroleum-
based. It includes, but is not limited to, animal and vegetable oils.
    1.2.4  Ocean means the nearshore area.
    1.2.5  Operating area means Rivers and Canals, Inland, Nearshore, 
and Great Lakes geographic location(s) in which a facility is handling, 
storing, or transporting oil.
    1.2.6  Operating environment means Rivers and Canals, Inland, Great 
Lakes, or Ocean. These terms are used to define the conditions in which 
response equipment is designed to function.
    1.2.7  Persistent oils include:
    (1) A petroleum-based oil that does not meet the distillation 
criteria for a non-persistent oil. Persistent oils are further 
classified based on specific gravity as follows:
    (A) Group 2--specific gravity less than 0.85;
    (B) Group 3--specific gravity equal to or greater than 0.85 and less 
than 0.95;
    (C) Group 4--specific gravity equal to or greater than 0.95 and less 
than 1.0; or
    (D) Group 5--specific gravity equal to or greater than 1.0.
    (2) A non-petroleum oil with a specific gravity of 0.8 or greater. 
These oils are further classified based on specific gravity as follows:
    (A) Group 2--specific gravity equal to or greater than 0.8 and less 
than 0.85;
    (B) Group 3--specific gravity equal to or greater than 0.85 and less 
than 0.95;
    (C) Group 4--specific gravity equal to or greater than 0.95 and less 
than 1.0; or
    (D) Group 5--specific gravity equal to or greater than 1.0.
    1.2.8  Other definitions are included in Sec. 112.2 and section 1.1 
of Appendix C.

                2.0  Equipment Operability and Readiness

    2.1  All equipment identified in a response plan must be designed to 
operate in the conditions expected in the facility's geographic area 
(i.e., operating environment). These conditions vary widely based on 
location and season. Therefore, it is difficult to identify a single 
stockpile of response equipment that will function effectively in each 
geographic location (i.e., operating area).
    2.2  Facilities handling, storing, or transporting oil in more than 
one operating environment as indicated in Table 1 of this appendix must 
identify equipment capable of successfully functioning in each operating 
environment.
    2.3  When identifying equipment for the response plan (based on the 
use of this appendix), a facility owner or operator must consider the 
inherent limitations of the operability of equipment components and 
response systems. The criteria in Table 1 of this appendix shall be used 
to evaluate the operability in a given environment. These criteria 
reflect the general conditions in certain operating environments.
    2.3.1  The Regional Administrator may require documentation that the 
boom identified in a facility response plan meets the criteria in Table 
1 of this appendix. Absent acceptable documentation, the Regional 
Administrator may require that the boom be tested to demonstrate that it 
meets the criteria in Table 1 of this appendix. Testing must be in 
accordance with ASTM F 715, ASTM F 989, or other tests approved by EPA 
as deemed appropriate (see Appendix E to this part, section 10, for 
general availability of documents).
    2.4  Table 1 of this appendix lists criteria for oil recovery 
devices and boom. All other equipment necessary to sustain or support 
response operations in an operating environment must be designed to 
function in the same conditions. For example, boats that deploy or 
support skimmers or boom must be

[[Page 326]]

capable of being safely operated in the significant wave heights listed 
for the applicable operating environment.
    2.5  A facility owner or operator shall refer to the applicable Area 
Contingency Plan (ACP), where available, to determine if ice, debris, 
and weather-related visibility are significant factors to evaluate the 
operability of equipment. The ACP may also identify the average 
temperature ranges expected in the facility's operating area. All 
equipment identified in a response plan must be designed to operate 
within those conditions or ranges.
    2.6  This appendix provides information on response resource 
mobilization and response times. The distance of the facility from the 
storage location of the response resources must be used to determine 
whether the resources can arrive on-scene within the stated time. A 
facility owner or operator shall include the time for notification, 
mobilization, and travel of resources identified to meet the medium and 
Tier 1 worst case discharge requirements identified in section 4.3 of 
this appendix (for medium discharges) and section 5.3 of this appendix 
(for worst case discharges). The facility owner or operator must plan 
for notification and mobilization of Tier 2 and 3 response resources as 
necessary to meet the requirements for arrival on-scene in accordance 
with section 5.3 of this appendix. An on-water speed of 5 knots and a 
land speed of 35 miles per hour is assumed, unless the facility owner or 
operator can demonstrate otherwise.
    2.7  In identifying equipment, the facility owner or operator shall 
list the storage location, quantity, and manufacturer's make and model. 
For oil recovery devices, the effective daily recovery capacity, as 
determined using section 6 of this appendix, must be included. For boom, 
the overall boom height (draft and freeboard) shall be included. A 
facility owner or operator is responsible for ensuring that the 
identified boom has compatible connectors.

    3.0  Determining Response Resources Required for Small Discharges

    3.1  A facility owner or operator shall identify sufficient response 
resources available, by contract or other approved means as described in 
Sec. 112.2, to respond to a small discharge. A small discharge is 
defined as any discharge volume less than or equal to 2,100 gallons, but 
not to exceed the calculated worst case discharge. The equipment must be 
designed to function in the operating environment at the point of 
expected use.
    3.2  Complexes that are regulated by EPA and the USCG must also 
consider planning quantities for the transportation-related transfer 
portion of the facility. The USCG planning level that corresponds to 
EPA's ``small discharge'' is termed ``the average most probable 
discharge.'' The USCG revisions to 33 CFR part 154 define ``the average 
most probable discharge'' as a discharge of 50 barrels (2,100 gallons). 
Owners or operators of complexes must compare oil spill volumes for a 
small discharge and an average most probable discharge and plan for 
whichever quantity is greater.
    3.3  The response resources shall, as appropriate, include:
    3.3.1  One thousand feet of containment boom (or, for complexes with 
marine transfer components, 1,000 feet of containment boom or two times 
the length of the largest vessel that regularly conducts oil transfers 
to or from the facility, whichever is greater), and a means of deploying 
it within 1 hour of the discovery of a spill;
    3.3.2  Oil recovery devices with an effective daily recovery 
capacity equal to the amount of oil discharged in a small discharge or 
greater which is available at the facility within 2 hours of the 
detection of an oil discharge; and
    3.3.3  Oil storage capacity for recovered oily material indicated in 
section 9.2 of this appendix.

   4.0  Determining Response Resources Required for Medium Discharges

    4.1  A facility owner or operator shall identify sufficient response 
resources available, by contract or other approved means as described in 
Sec. 112.2, to respond to a medium discharge of oil for that facility. 
This will require response resources capable of containing and 
collecting up to 36,000 gallons of oil or 10 percent of the worst case 
discharge, whichever is less. All equipment identified must be designed 
to operate in the applicable operating environment specified in Table 1 
of this appendix.
    4.2  Complexes that are regulated by EPA and the USCG must also 
consider planning quantities for the transportation-related transfer 
portion of the facility. The USCG planning level that corresponds to 
EPA's ``medium discharge'' is termed ``the maximum most probable 
discharge.'' The USCG revisions to 33 CFR part 154 define ``the maximum 
most probable discharge'' as a discharge of 1,200 barrels (50,400 
gallons) or 10 percent of the worst case discharge, whichever is less. 
Owners or operators of complexes must compare spill volumes for a medium 
discharge and a maximum most probable discharge and plan for whichever 
quantity is greater.
    4.3  Oil recovery devices identified to meet the applicable medium 
discharge volume planning criteria must be located such that they are 
capable of arriving on-scene within 6 hours in higher volume port areas 
and the Great Lakes and within 12 hours in all other areas. Higher 
volume port areas and Great Lakes areas are defined in section 1.1 of 
Appendix C to this part.
    4.4  Because rapid control, containment, and removal of oil are 
critical to reduce spill

[[Page 327]]

impact, the owner or operator must determine response resources using an 
effective daily recovery capacity for oil recovery devices equal to 50 
percent of the planning volume applicable for the facility as determined 
in section 4.1 of this appendix. The effective daily recovery capacity 
for oil recovery devices identified in the plan must be determined using 
the criteria in section 6 of this appendix.
    4.5  In addition to oil recovery capacity, the plan shall, as 
appropriate, identify sufficient quantity of containment boom available, 
by contract or other approved means as described in Sec. 112.2, to 
arrive within the required response times for oil collection and 
containment and for protection of fish and wildlife and sensitive 
environments. For further description of fish and wildlife and sensitive 
environments, see Appendices I, II, and III to DOC/NOAA's ``Guidance for 
Facility and Vessel Response Plans: Fish and Wildlife and Sensitive 
Environments'' (see Appendix E to this part, section 10, for 
availability) and the applicable ACP. While the regulation does not set 
required quantities of boom for oil collection and containment, the 
response plan shall identify and ensure, by contract or other approved 
means as described in Sec. 112.2, the availability of the quantity of 
boom identified in the plan for this purpose.
    4.6  The plan must indicate the availability of temporary storage 
capacity to meet section 9.2 of this appendix. If available storage 
capacity is insufficient to meet this level, then the effective daily 
recovery capacity must be derated (downgraded) to the limits of the 
available storage capacity.
    4.7  The following is an example of a medium discharge volume 
planning calculation for equipment identification in a higher volume 
port area: The facility's largest aboveground storage tank volume is 
840,000 gallons. Ten percent of this capacity is 84,000 gallons. Because 
10 percent of the facility's largest tank, or 84,000 gallons, is greater 
than 36,000 gallons, 36,000 gallons is used as the planning volume. The 
effective daily recovery capacity is 50 percent of the planning volume, 
or 18,000 gallons per day. The ability of oil recovery devices to meet 
this capacity must be calculated using the procedures in section 6 of 
this appendix. Temporary storage capacity available on-scene must equal 
twice the daily recovery capacity as indicated in section 9.2 of this 
appendix, or 36,000 gallons per day. This is the information the 
facility owner or operator must use to identify and ensure the 
availability of the required response resources, by contract or other 
approved means as described in Sec. 112.2. The facility owner shall also 
identify how much boom is available for use.

    5.0  Determining Response Resources Required for the Worst Case 
               Discharge to the Maximum Extent Practicable

    5.1  A facility owner or operator shall identify and ensure the 
availability of, by contract or other approved means as described in 
Sec. 112.2, sufficient response resources to respond to the worst case 
discharge of oil to the maximum extent practicable. Section 7 of this 
appendix describes the method to determine the necessary response 
resources. A worksheet is provided as Attachment E-1 at the end of this 
appendix to simplify the procedures involved in calculating the planning 
volume for response resources for the worst case discharge.
    5.2  Complexes that are regulated by EPA and the USCG must also 
consider planning for the worst case discharge at the transportation-
related portion of the facility. The USCG requires that transportation-
related facility owners or operators use a different calculation for the 
worst case discharge in the revisions to 33 CFR part 154. Owners or 
operators of complex facilities that are regulated by EPA and the USCG 
must compare both calculations of worst case discharge derived by EPA 
and the USCG and plan for whichever volume is greater.
    5.3  Oil spill response resources identified in the response plan 
and available, by contract or other approved means as described in 
Sec. 112.2, to meet the applicable worst case discharge planning volume 
must be located such that they are capable of arriving at the scene of a 
discharge within the times specified for the applicable response tier 
listed below:

------------------------------------------------------------------------
                                   Tier 1        Tier 2        Tier 3   
------------------------------------------------------------------------
Higher volume port areas.....  6 hrs........  30 hrs......  54 hrs      
Great Lakes..................  12 hrs.......  36 hrs......  60 hrs      
All other river and canal,     12 hrs.......  36 hrs......  60 hrs      
 inland, and nearshore areas.                                           
------------------------------------------------------------------------

The three levels of response tiers apply to the amount of time in which 
facility owners or operators must plan for response resources to arrive 
at the scene of a spill to respond to the worst case discharge planning 
volume. For example, at a worst case discharge in an inland area, the 
first tier of response resources (i.e., that amount of on-water and 
shoreline cleanup capacity necessary to respond to the fraction of the 
worst case discharge as indicated through the series of steps described 
in sections 7.2 and 7.3 of this appendix) would arrive at the scene of 
the discharge within 12 hours; the second tier of response resources 
would arrive within 36 hours; and the third tier of response resources 
would arrive within 60 hours.

[[Page 328]]

    5.4  The effective daily recovery capacity for oil recovery devices 
identified in the response plan must be determined using the criteria in 
section 6 of this appendix. A facility owner or operator shall identify 
the storage locations of all response resources used for each tier. The 
owner or operator of a facility whose required daily recovery capacity 
exceeds the applicable contracting caps in Table 5 of this appendix 
shall, as appropriate, identify sources of additional equipment, their 
location, and the arrangements made to obtain this equipment during a 
response. The owner or operator of a facility whose calculated planning 
volume exceeds the applicable contracting caps in Table 5 of this 
appendix shall, as appropriate, identify sources of additional equipment 
equal to twice the cap listed in Tier 3 or the amount necessary to reach 
the calculated planning volume, whichever is lower. The resources 
identified above the cap shall be capable of arriving on-scene not later 
than the Tier 3 response times in section 5.3 of this appendix. No 
contract is required. While general listings of available response 
equipment may be used to identify additional sources (i.e., ``public'' 
resources vs. ``private'' resources), the response plan shall identify 
the specific sources, locations, and quantities of equipment that a 
facility owner or operator has considered in his or her planning. When 
listing USCG-classified oil spill removal organization(s) that have 
sufficient removal capacity to recover the volume above the response 
capacity cap for the specific facility, as specified in Table 5 of this 
appendix, it is not necessary to list specific quantities of equipment.
    5.5  A facility owner or operator shall identify the availability of 
temporary storage capacity to meet section 9.2 of this appendix. If 
available storage capacity is insufficient, then the effective daily 
recovery capacity must be derated (downgraded) to the limits of the 
available storage capacity.
    5.6  When selecting response resources necessary to meet the 
response plan requirements, the facility owner or operator shall, as 
appropriate, ensure that a portion of those resources is capable of 
being used in close-to-shore response activities in shallow water. For 
any EPA-regulated facility that is required to plan for response in 
shallow water, at least 20 percent of the on-water response equipment 
identified for the applicable operating area shall, as appropriate, be 
capable of operating in water of 6 feet or less depth.
    5.7  In addition to oil spill recovery devices, a facility owner or 
operator shall identify sufficient quantities of boom that are 
available, by contract or other approved means as described in 
Sec. 112.2, to arrive on-scene within the specified response times for 
oil containment and collection. The specific quantity of boom required 
for collection and containment will depend on the facility-specific 
information and response strategies employed. A facility owner or 
operator shall, as appropriate, also identify sufficient quantities of 
oil containment boom to protect fish and wildlife and sensitive 
environments. For further description of fish and wildlife and sensitive 
environments, see Appendices I, II, and III to DOC/NOAA's ``Guidance for 
Facility and Vessel Response Plans: Fish and Wildlife and Sensitive 
Environments'' (see Appendix E to this part, section 10, for 
availability), and the applicable ACP. Refer to this guidance document 
for the number of days and geographic areas (i.e., operating 
environments) specified in Table 2 of this appendix.
    5.8  A facility owner or operator shall also identify, by contract 
or other approved means as described in Sec. 112.2, the availability of 
an oil spill removal organization(s) (as described in Sec. 112.2) 
capable of responding to a shoreline cleanup operation involving the 
calculated volume of oil and emulsified oil that might impact the 
affected shoreline. The volume of oil that shall, as appropriate, be 
planned for is calculated through the application of factors contained 
in Tables 2 and 3 of this appendix. The volume calculated from these 
tables is intended to assist the facility owner or operator to identify 
an oil spill removal organization with sufficient resources and 
expertise.

  6.0  Determining Effective Daily Recovery Capacity for Oil Recovery 
                                 Devices

    6.1  Oil recovery devices identified by a facility owner or operator 
must be identified by the manufacturer, model, and effective daily 
recovery capacity. These capacities must be used to determine whether 
there is sufficient capacity to meet the applicable planning criteria 
for a small discharge, a medium discharge, and a worst case discharge to 
the maximum extent practicable.
    6.2  To determine the effective daily recovery capacity of oil 
recovery devices, the formula listed in section 6.2.1 of this appendix 
shall be used. This formula considers potential limitations due to 
available daylight, weather, sea state, and percentage of emulsified oil 
in the recovered material. The RA may assign a lower efficiency factor 
to equipment listed in a response plan if it is determined that such a 
reduction is warranted.
    6.2.1  The following formula shall be used to calculate the 
effective daily recovery capacity:

R = T  x  24 hours  x  E

where:

R--Effective daily recovery capacity;
T--Throughput rate in barrels per hour (nameplate capacity); and

[[Page 329]]

E--20 percent efficiency factor (or lower factor as determined by the 
          Regional Administrator).

    6.2.2  For those devices in which the pump limits the throughput of 
liquid, throughput rate shall be calculated using the pump capacity.
    6.2.3  For belt or moptype devices, the throughput rate shall be 
calculated using the speed of the belt or mop through the device, 
assumed thickness of oil adhering to or collected by the device, and 
surface area of the belt or mop. For purposes of this calculation, the 
assumed thickness of oil will be \1/4\ inch.
    6.2.4  Facility owners or operators that include oil recovery 
devices whose throughput is not measurable using a pump capacity or 
belt/mop speed may provide information to support an alternative method 
of calculation. This information must be submitted following the 
procedures in section 6.3.2 of this appendix.
    6.3  As an alternative to section 6.2 of this appendix, a facility 
owner or operator may submit adequate evidence that a different 
effective daily recovery capacity should be applied for a specific oil 
recovery device. Adequate evidence is actual verified performance data 
in spill conditions or tests using American Society of Testing and 
Materials (ASTM) Standard F 631-80, F 808-83 (1988), or an equivalent 
test approved by EPA as deemed appropriate (see Appendix E to this part, 
section 10, for general availability of documents).
    6.3.1  The following formula must be used to calculate the effective 
daily recovery capacity under this alternative:

R = D  x  U

where:

R--Effective daily recovery capacity;
D--Average Oil Recovery Rate in barrels per hour (Item 26 in F 808-83; 
          Item 13.1.15 in F 631-80; or actual performance data); and
U--Hours per day that equipment can operate under spill conditions. Ten 
          hours per day must be used unless a facility owner or operator 
          can demonstrate that the recovery operation can be sustained 
          for longer periods.

    6.3.2  A facility owner or operator submitting a response plan shall 
provide data that supports the effective daily recovery capacities for 
the oil recovery devices listed. The following is an example of these 
calculations:
    (1) A weir skimmer identified in a response plan has a 
manufacturer's rated throughput at the pump of 267 gallons per minute 
(gpm).

267 gpm=381 barrels per hour (bph)
R=381 bph x 24 hr/day x 0.2=1,829 barrels per day

    (2) After testing using ASTM procedures, the skimmer's oil recovery 
rate is determined to be 220 gpm. The facility owner or operator 
identifies sufficient resources available to support operations for 12 
hours per day.

220 gpm=314 bph
R=314 bph x 12 hr/day=3,768 barrels per day

    (3) The facility owner or operator will be able to use the higher 
capacity if sufficient temporary oil storage capacity is available. 
Determination of alternative efficiency factors under section 6.2 of 
this appendix or the acceptability of an alternative effective daily 
recovery capacity under section 6.3 of this appendix will be made by the 
Regional Administrator as deemed appropriate.

      7.0  Calculating Planning Volumes for a Worst Case Discharge

    7.1  A facility owner or operator shall plan for a response to the 
facility's worst case discharge. The planning for on-water oil recovery 
must take into account a loss of some oil to the environment due to 
evaporative and natural dissipation, potential increases in volume due 
to emulsification, and the potential for deposition of oil on the 
shoreline. The procedures for non-petroleum oils are discussed in 
section 7.7 of this appendix.
    7.2  The following procedures must be used by a facility owner or 
operator in determining the required on-water oil recovery capacity:
    7.2.1  The following must be determined: the worst case discharge 
volume of oil in the facility; the appropriate group(s) for the types of 
oil handled, stored, or transported at the facility [persistent (Groups 
2, 3, 4, 5) or non-persistent (Group 1)]; and the facility's specific 
operating area. See sections 1.2.2 and 1.2.7 of this appendix for the 
definitions of non-persistent and persistent oils, respectively. 
Facilities that handle, store, or transport oil from different oil 
groups must calculate each group separately, unless the oil group 
constitutes 10 percent or less by volume of the facility's total oil 
storage capacity. This information is to be used with Table 2 of this 
appendix to determine the percentages of the total volume to be used for 
removal capacity planning. Table 2 of this appendix divides the volume 
into three categories: oil lost to the environment; oil deposited on the 
shoreline; and oil available for on-water recovery.
    7.2.2  The on-water oil recovery volume shall, as appropriate, be 
adjusted using the appropriate emulsification factor found in Table 3 of 
this appendix. Facilities that handle, store, or transport oil from 
different petroleum groups must compare the on-water recovery volume for 
each oil group (unless the oil group constitutes 10 percent or less by 
volume of the facility's total storage capacity) and use the calculation 
that results in the largest on-water oil recovery volume to plan for the 
amount of response resources for a worst case discharge.

[[Page 330]]

    7.2.3  The adjusted volume is multiplied by the on-water oil 
recovery resource mobilization factor found in Table 4 of this appendix 
from the appropriate operating area and response tier to determine the 
total on-water oil recovery capacity in barrels per day that must be 
identified or contracted to arrive on-scene within the applicable time 
for each response tier. Three tiers are specified. For higher volume 
port areas, the contracted tiers of resources must be located such that 
they are capable of arriving on-scene within 6 hours for Tier 1, 30 
hours for Tier 2, and 54 hours for Tier 3 of the discovery of an oil 
discharge. For all other rivers and canals, inland, nearshore areas, and 
the Great Lakes, these tiers are 12, 36, and 60 hours.
    7.2.4  The resulting on-water oil recovery capacity in barrels per 
day for each tier is used to identify response resources necessary to 
sustain operations in the applicable operating area. The equipment shall 
be capable of sustaining operations for the time period specified in 
Table 2 of this appendix. The facility owner or operator shall identify 
and ensure the availability, by contract or other approved means as 
described in Sec. 112.2, of sufficient oil spill recovery devices to 
provide the effective daily oil recovery capacity required. If the 
required capacity exceeds the applicable cap specified in Table 5 of 
this appendix, then a facility owner or operator shall ensure, by 
contract or other approved means as described in Sec. 112.2, only for 
the quantity of resources required to meet the cap, but shall identify 
sources of additional resources as indicated in section 5.4 of this 
appendix. The owner or operator of a facility whose planning volume 
exceeded the cap in 1993 must make arrangements to identify and ensure 
the availability, by contract or other approved means as described in 
Sec. 112.2, for additional capacity to be under contract by 1998 or 
2003, as appropriate. For a facility that handles multiple groups of 
oil, the required effective daily recovery capacity for each oil group 
is calculated before applying the cap. The oil group calculation 
resulting in the largest on-water recovery volume must be used to plan 
for the amount of response resources for a worst case discharge, unless 
the oil group comprises 10 percent or less by volume of the facility's 
total oil storage capacity.
    7.3  The procedures discussed in sections 7.3.1-7.3.3 of this 
appendix must be used to calculate the planning volume for identifying 
shoreline cleanup capacity (for Group 1 through Group 4 oils).
    7.3.1  The following must be determined: the worst case discharge 
volume of oil for the facility; the appropriate group(s) for the types 
of oil handled, stored, or transported at the facility [persistent 
(Groups 2, 3, or 4) or non-persistent (Group 1)]; and the geographic 
area(s) in which the facility operates (i.e., operating areas). For a 
facility handling, storing, or transporting oil from different groups, 
each group must be calculated separately. Using this information, Table 
2 of this appendix must be used to determine the percentages of the 
total volume to be used for shoreline cleanup resource planning.
    7.3.2  The shoreline cleanup planning volume must be adjusted to 
reflect an emulsification factor using the same procedure as described 
in section 7.2.2 of this appendix.
    7.3.3  The resulting volume shall be used to identify an oil spill 
removal organization with the appropriate shoreline cleanup capability.
    7.4  A response plan must identify response resources with fire 
fighting capability. The owner or operator of a facility that handles, 
stores, or transports Group 1 through Group 4 oils that does not have 
adequate fire fighting resources located at the facility or that cannot 
rely on sufficient local fire fighting resources must identify adequate 
fire fighting resources. It is recommended that the facility owner or 
operator ensure, by contract or other approved means as described in 
Sec. 112.2, the availability of these resources. The response plan must 
also identify an individual located at the facility to work with the 
fire department for Group 1 through Group 4 oil fires. This individual 
shall also verify that sufficient well-trained fire fighting resources 
are available within a reasonable response time to a worst case 
scenario. The individual may be the qualified individual identified in 
the response plan or another appropriate individual located at the 
facility.
    7.5  The following is an example of the procedure described above in 
sections 7.2 and 7.3 of this appendix: A facility with a 270,000 barrel 
(11.3 million gallons) capacity for #6 oil (specific gravity 0.96) is 
located in a higher volume port area. The facility is on a peninsula and 
has docks on both the ocean and bay sides. The facility has four 
aboveground oil storage tanks with a combined total capacity of 80,000 
barrels (3.36 million gallons) and no secondary containment. The 
remaining facility tanks are inside secondary containment structures. 
The largest aboveground oil storage tank (90,000 barrels or 3.78 million 
gallons) has its own secondary containment. Two 50,000 barrel (2.1 
million gallon) tanks (that are not connected by a manifold) are within 
a common secondary containment tank area, which is capable of holding 
100,000 barrels (4.2 million gallons) plus sufficient freeboard.
    7.5.1  The worst case discharge for the facility is calculated by 
adding the capacity of all aboveground oil storage tanks without 
secondary containment (80,000 barrels) plus the capacity of the largest 
aboveground oil storage tank inside secondary containment. The resulting 
worst case discharge volume is 170,000 barrels or 7.14 million gallons.

[[Page 331]]

    7.5.2  Because the requirements for Tiers 1, 2, and 3 for inland and 
nearshore exceed the caps identified in Table 5 of this appendix, the 
facility owner will contract for a response to 10,000 barrels per day 
(bpd) for Tier 1, 20,000 bpd for Tier 2, and 40,000 bpd for Tier 3. 
Resources for the remaining 7,850 bpd for Tier 1, 9,750 bpd for Tier 2, 
and 7,600 bpd for Tier 3 shall be identified but need not be contracted 
for in advance. The facility owner or operator shall, as appropriate, 
also identify or contract for quantities of boom identified in their 
response plan for the protection of fish and wildlife and sensitive 
environments within the area potentially impacted by a worst case 
discharge from the facility. For further description of fish and 
wildlife and sensitive environments, see Appendices I, II, and III to 
DOC/NOAA's ``Guidance for Facility and Vessel Response Plans: Fish and 
Wildlife and Sensitive Environments,'' (see Appendix E to this part, 
section 10, for availability) and the applicable ACP. Attachment C-III 
to Appendix C provides a method for calculating a planning distance to 
fish and wildlife and sensitive environments and public drinking water 
intakes that may be impacted in the event of a worst case discharge.
    7.6  The procedures discussed in sections 7.6.1--7.6.3 of this 
appendix must be used to determine appropriate response resources for 
facilities with Group 5 oils.
    7.6.1  The owner or operator of a facility that handles, stores, or 
transports Group 5 oils shall, as appropriate, identify the response 
resources available by contract or other approved means, as described in 
Sec. 112.2. The equipment identified in a response plan shall, as 
appropriate, include:
    (1) Sonar, sampling equipment, or other methods for locating the oil 
on the bottom or suspended in the water column;
    (2) Containment boom, sorbent boom, silt curtains, or other methods 
for containing the oil that may remain floating on the surface or to 
reduce spreading on the bottom;
    (3) Dredges, pumps, or other equipment necessary to recover oil from 
the bottom and shoreline;
    (4) Equipment necessary to assess the impact of such discharges; and
    (5) Other appropriate equipment necessary to respond to a discharge 
involving the type of oil handled, stored, or transported.
    7.6.2  Response resources identified in a response plan for a 
facility that handles, stores, or transports Group 5 oils under section 
7.6.1 of this appendix shall be capable of being deployed (on site) 
within 24 hours of discovery of a discharge to the area where the 
facility is operating.
    7.6.3  A response plan must identify response resources with fire 
fighting capability. The owner or operator of a facility that handles, 
stores, or transports Group 5 oils that does not have adequate fire 
fighting resources located at the facility or that cannot rely on 
sufficient local fire fighting resources must identify adequate fire 
fighting resources. It is recommended that the owner or operator ensure, 
by contract or other approved means as described in Sec. 112.2, the 
availability of these resources. The response plan shall also identify 
an individual located at the facility to work with the fire department 
for Group 5 oil fires. This individual shall also verify that sufficient 
well-trained fire fighting resources are available within a reasonable 
response time to respond to a worst case discharge. The individual may 
be the qualified individual identified in the response plan or another 
appropriate individual located at the facility.
    7.7  The procedures described in sections 7.7.1-7.7.5 of this 
appendix must be used to determine appropriate response plan development 
and evaluation criteria for facilities that handle, store, or transport 
non-petroleum oils. Refer to section 8 of this appendix for information 
on the limitations on the use of dispersants for inland and nearshore 
areas.
    7.7.1  An owner or operator of a facility that handles, stores, or 
transports non-petroleum oil must provide information in his or her plan 
that identifies:
    (1) Procedures and strategies for responding to a worst case 
discharge of non-petroleum oils to the maximum extent practicable; and
    (2) Sources of the equipment and supplies necessary to locate, 
recover, and mitigate such a discharge.
    7.7.2  An owner or operator of a facility that handles, stores, or 
transports non-petroleum oil must ensure that any equipment identified 
in a response plan is capable of operating in the conditions expected in 
the geographic area(s) (i.e., operating environments) in which the 
facility operates using the criteria in Table 1 of this appendix. When 
evaluating the operability of equipment, the facility owner or operator 
must consider limitations that are identified in the appropriate ACPs, 
including:
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    7.7.3  The owner or operator of a facility that handles, stores, or 
transports non-petroleum oil must identify the response resources that 
are available by contract or other approved means, as described in 
Sec. 112.2. The equipment described in the response plan shall, as 
appropriate, include:
    (1) Containment boom, sorbent boom, or other methods for containing 
oil floating on the surface or to protect shorelines from impact;
    (2) Oil recovery devices appropriate for the type of non-petroleum 
oil carried; and

[[Page 332]]

    (3) Other appropriate equipment necessary to respond to a discharge 
involving the type of oil carried.
    7.7.4  Response resources identified in a response plan according to 
section 7.7.3 of this appendix must be capable of commencing an 
effective on-scene response within the applicable tier response times in 
section 5.3 of this appendix.
    7.7.5  A response plan must identify response resources with fire 
fighting capability. The owner or operator of a facility that handles, 
stores, or transports non-petroleum oils that does not have adequate 
fire fighting resources located at the facility or that cannot rely on 
sufficient local fire fighting resources must identify adequate fire 
fighting resources. It is recommended that the owner or operator ensure, 
by contract or other approved means as described in Sec. 112.2, the 
availability of these resources. The response plan must also identify an 
individual located at the facility to work with the fire department for 
non-petroleum fires. This individual shall also verify that sufficient 
well-trained fire fighting resources are available within a reasonable 
response time to a worst case scenario. The individual may be the 
qualified individual identified in the response plan or another 
appropriate individual located at the facility.

    8.0  Determining the Availability of Alternative Response Methods

    8.1  For dispersants to be identified in a response plan, they must 
be on the NCP Product Schedule that is maintained by EPA. (Some States 
have a list of approved dispersants for use within State waters. These 
State-approved dispersants are listed on the NCP Product Schedule.)
    8.2  Identification of dispersant application in the plan does not 
imply that the use of this technique will be authorized. Actual 
authorization for use during a spill response will be governed by the 
provisions of the NCP and the applicable ACP. To date, dispersant 
application has not been approved by ACPs for inland areas or shallow 
nearshore areas.

   9.0  Additional Equipment Necessary to Sustain Response Operations

    9.1  A facility owner or operator shall, as appropriate, ensure that 
sufficient numbers of trained personnel and boats, aerial spotting 
aircraft, containment boom, sorbent materials, boom anchoring materials, 
and other supplies are available to sustain response operations to 
completion. All such equipment must be suitable for use with the primary 
equipment identified in the response plan. A facility owner or operator 
is not required to list these resources, but shall certify their 
availability.
    9.2  A facility owner or operator shall evaluate the availability of 
adequate temporary storage capacity to sustain the effective daily 
recovery capacities from equipment identified in the plan. Because of 
the inefficiencies of oil spill recovery devices, response plans must 
identify daily storage capacity equivalent to twice the effective daily 
recovery capacity required on-scene. This temporary storage capacity may 
be reduced if a facility owner or operator can demonstrate by waste 
stream analysis that the efficiencies of the oil recovery devices, 
ability to decant waste, or the availability of alternative temporary 
storage or disposal locations will reduce the overall volume of oily 
material storage requirement.
    9.3  A facility owner or operator shall ensure that his or her 
planning includes the capability to arrange for disposal of recovered 
oil products. Specific disposal procedures will be addressed in the 
applicable ACP.

                    10.0  References and Availability

    10.1  All materials listed in this section are part of EPA's 
rulemaking docket, and are located in the Superfund Docket, Room M2615, 
at the U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460 (Docket Number SPCC-2P). The docket is available 
for inspection between 9:00 a.m. and 4:00 p.m., Monday through Friday, 
excluding Federal holidays. Appointments to review the docket can be 
made by calling 202-260-3046. The public may copy a maximum of 266 pages 
from any regulatory docket at no cost. If the number of pages copied 
exceeds 266, however, a charge of 15 cents will be incurred for each 
additional page, plus a $25.00 administrative fee. Charges for copies 
and docket hours are subject to change.
    10.2  The docket will mail copies of materials to requestors who are 
outside the Washington D.C. metro area. Materials may be available from 
other sources, as noted in this section. The ERNS/SPCC Information line 
at 202-260-2342 or the RCRA/Superfund Hotline at 800-424-9346 may also 
provide additional information on where to obtain documents. To contact 
the RCRA/Superfund Hotline in the Washington, DC metropolitan area, dial 
703-412-9810. The Telecommunications Device for the Deaf (TDD) Hotline 
number is 800-553-7672, or, in the Washington, DC metropolitan area, 
703-412-3323.
    10.3  Documents Referenced
    (1) National Preparedness for Response Exercise Program (PREP). The 
PREP draft guidelines are available from United States Coast Guard 
Headquarters (G-MEP-4), 2100 Second Street, SW., Washington, DC 20593. 
(See 58 FR 53990, October 19, 1993, Notice of Availability of PREP 
Guidelines).
    (2) ``Guidance for Facility and Vessel Response Plans: Fish and 
Wildlife and Sensitive Environments'' (published in the Federal

[[Page 333]]

Register by DOC/NOAA at 59 FR 14713, March 29, 1994). The guidance is 
available in the Superfund Docket (see sections 10.1 and 10.2 of this 
appendix).
    (3) ASTM Standards. ASTM F 715, ASTM F 989, ASTM F 631-80, ASTM F 
808-83 (1988). The ASTM standards are available from the American 
Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 
19103-1187.

       Table 1 to Appendix E--Response Resource Operating Criteria      
------------------------------------------------------------------------
                          Oil Recovery Devices                          
-------------------------------------------------------------------------
                                    Significant wave height             
      Operating environment                   \1\             Sea state 
------------------------------------------------------------------------
Rivers and Canals................  <ls-thn-eq> 1 foot......            1
Inland...........................  <ls-thn-eq> 3 feet......            2
Great Lakes......................  <ls-thn-eq> 4 feet......          2-3
Ocean............................  <ls-thn-eq> 6 feet......          3-4
------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                      Boom                                                      
-----------------------------------------------------------------------------------------------------------------
                                                                         Use                                    
           Boom property           -----------------------------------------------------------------------------
                                     Rivers and canals        Inland           Great Lakes           Ocean      
----------------------------------------------------------------------------------------------------------------
Significant Wave Height \1\.......  <ls-thn-eq> 1.....  <ls-thn-eq> 3.....  <ls-thn-eq> 4....  <ls-thn-eq> 6    
Sea State.........................  1.................  2.................  2-3..............  3-4              
Boom height--inches (draft plus     6-18..............  18-42.............  18-42............  <gr-thn-eq> 42   
 freeboard).                                                                                                    
Reserve Buoyancy to Weight Ratio..  2:1...............  2:1...............  2:1..............  3:1 to 4:1       
Total Tensile Strength--pounds....  4,500.............  15,000-20,000.....  15,000-20,000....  <gr-thn-eq>      
                                                                                                20,000          
Skirt Fabric Tensile Strength--     200...............  300...............  300..............  500              
 pounds.                                                                                                        
Skirt Fabric Tear Strength--pounds  100...............  100...............  100..............  125              
----------------------------------------------------------------------------------------------------------------
\1\ Oil recovery devices and boom shall be at least capable of operating in wave heights up to and including the
  values listed in Table 1 for each operating environment.                                                      


                             Table 2 to Appendix E--Removal Capacity Planning Table                             
----------------------------------------------------------------------------------------------------------------
          Spill location                      Rivers and canals                 Nearshore/inland Great Lakes    
----------------------------------------------------------------------------------------------------------------
  Sustainability of on-water oil                    3 days                                 4 days               
             recovery              -----------------------------------------------------------------------------
-----------------------------------                Percent                                Percent               
                                      Percent     recovered   Percent oil    Percent     recovered   Percent oil
           Oil group \1\              natural      floating     onshore      natural      floating     Onshore  
                                    dissipation      oil                   dissipation      oil                 
----------------------------------------------------------------------------------------------------------------
1. Non-persistent oils............           80           10           10           80           20           10
2. Light crudes...................           40           15           45           50           50           30
3. Medium crudes and fuels........           20           15           65           30           50           50
4. Heavy crudes and fuels.........            5           20           75           10           50           70
Group 5 oils are defined in section 1.2.7 of this appendix; the response resource considerations are outlined in
 section 7.6 of this appendix.                                                                                  
----------------------------------------------------------------------------------------------------------------
\1\ Non-petroleum oils are defined in section 1.2.3 of this appendix; the response resource considerations are  
  outlined in section 7.7 of this appendix.                                                                     


 Table 3 to Appendix E--Emulsification Factors for Petroleum Oil Groups 
                                   \1\                                  
                                                                        
                                                                        
Non-Persistent Oil:                                                     
  Group 1..........  1.0                                                
Persistent Oil:                                                         
  Group 2..........  1.8                                                
  Group 3..........  2.0                                                
  Group 4..........  1.4                                                
Group 5 oils are defined in section 1.2.7 of this appendix; the         
 response resource considerations are outlined in section 7.6 of        
 this appendix.                                                         
\1\ See sections 1.2.2 and 1.2.7 of this appendix for group designations
  for non-persistent and persistent oils, respectively.                 


   Table 4 to Appendix E--On-Water Oil Recovery Resource Mobilization   
                                 Factors                                
------------------------------------------------------------------------
                Operating area                  Tier 1   Tier 2   Tier 3
------------------------------------------------------------------------
Rivers and Canals............................     0.30     0.40     0.60
Inland/Nearshore Great Lakes.................     0.15     0.25    0.40 
------------------------------------------------------------------------
Note: These mobilization factors are for total resources mobilized, not 
  incremental response resources.                                       


[[Page 334]]


                        Table 5 to Appendix E--Response Capability Caps by Operating Area                       
----------------------------------------------------------------------------------------------------------------
                                        Tier 1                      Tier 2                      Tier 3          
----------------------------------------------------------------------------------------------------------------
February 18, 1993:                                                                                              
    All except Rivers &       10K bbls/day..............  20K bbls/day..............  40K bbls/day.             
     Canals, Great Lakes.                                                                                       
    Great Lakes.............  5K bbls/day...............  10K bbls/day..............  20K bbls/day.             
    Rivers & Canals.........  1.5K bbls/day.............  3.0K bbls/day.............  6.0K bbls/day.            
February 18, 1998:                                                                                              
    All except Rivers &       12.5K bbls/day............  25K bbls/day..............  50K bbls/day.             
     Canals, Great Lakes.                                                                                       
    Great Lakes.............  6.35K bbls/day............  12.3K bbls/day............  25K bbls/day.             
    Rivers & Canals.........  1.875K bbls/day...........  3.75K bbls/day............  7.5K bbls/day.            
February 18, 2003:                                                                                              
    All except Rivers &       TBD.......................  TBD.......................  TBD.                      
     Canals, Great Lakes.                                                                                       
    Great Lakes.............  TBD.......................  TBD.......................  TBD.                      
    Rivers & Canals.........  TBD.......................  TBD.......................  TBD.                      
----------------------------------------------------------------------------------------------------------------
Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.            
TBD=To Be Determined.                                                                                           


[[Page 335]]

                        Attachments to Appendix E
[GRAPHIC] [TIFF OMITTED] TC01MR92.011


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[GRAPHIC] [TIFF OMITTED] TC01MR92.012



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[GRAPHIC] [TIFF OMITTED] TC01MR92.013



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[GRAPHIC] [TIFF OMITTED] TC01MR92.014


[59 FR 34111, July 1, 1994; 59 FR 49006, Sept. 26, 1994]

[[Page 339]]



         Appendix F To Part 112--Facility-Specific Response Plan

                            Table of Contents

1.0  Model Facility-Specific Response Plan
1.1  Emergency Response Action Plan
1.2  Facility Information
1.3  Emergency Response Information
    1.3.1  Notification
    1.3.2  Response Equipment List
    1.3.3  Response Equipment Testing/Deployment
    1.3.4  Personnel
    1.3.5  Evacuation Plans
    1.3.6  Qualified Individual's Duties
1.4  Hazard Evaluation
    1.4.1  Hazard Identification
    1.4.2  Vulnerability Analysis
    1.4.3  Analysis of the Potential for an Oil Spill
    1.4.4  Facility Reportable Oil Spill History
1.5  Discharge Scenarios
    1.5.1  Small and Medium Discharges
    1.5.2  Worst Case Discharge
1.6  Discharge Detection Systems
    1.6.1  Discharge Detection By Personnel
    1.6.2  Automated Discharge Detection
1.7  Plan Implementation
    1.7.1  Response Resources for Small, Medium, and Worst Case Spills
    1.7.2  Disposal Plans
    1.7.3  Containment and Drainage Planning
1.8  Self-Inspection, Drills/Exercises, and Response Training
    1.8.1  Facility Self-Inspection
    1.8.1.1  Tank Inspection
    1.8.1.2  Response Equipment Inspection
    1.8.1.3  Secondary Containment Inspection
    1.8.2  Facility Drills/Exercises
    1.8.2.1  Qualified Individual Notification Drill Logs
    1.8.2.2  Spill Management Team Tabletop Exercise Logs
    1.8.3  Response Training
    1.8.3.1  Personnel Response Training Logs
    1.8.3.2  Discharge Prevention Meeting Logs
1.9  Diagrams
1.10  Security
2.0  Response Plan Cover Sheet
3.0  Acronyms
4.0  References

                1.0 Model Facility-Specific Response Plan

    (A) Owners or operators of facilities regulated under this part 
which pose a threat of substantial harm to the environment by 
discharging oil into or on navigable waters or adjoining shorelines are 
required to prepare and submit facility-specific response plans to EPA 
in accordance with the provisions in this appendix. This appendix 
further describes the required elements in Sec. 112.20(h).
    (B) Response plans must be sent to the appropriate EPA Regional 
office. Figure F-1 of this Appendix lists each EPA Regional office and 
the address where owners or operators must submit their response plans. 
Those facilities deemed by the Regional Administrator (RA) to pose a 
threat of significant and substantial harm to the environment will have 
their plans reviewed and approved by EPA. In certain cases, information 
required in the model response plan is similar to information currently 
maintained in the facility's Spill Prevention, Control, and 
Countermeasures (SPCC) Plan as required by 40 CFR 112.3. In these cases, 
owners or operators may reproduce the information and include a 
photocopy in the response plan.
    (C) A complex may develop a single response plan with a set of core 
elements for all regulating agencies and separate sections for the non-
transportation-related and transportation-related components, as 
described in Sec. 112.20(h). Owners or operators of large facilities 
that handle, store, or transport oil at more than one geographically 
distinct location (e.g., oil storage areas at opposite ends of a single, 
continuous parcel of property) shall, as appropriate, develop separate 
sections of the response plan for each storage area.

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[GRAPHIC] [TIFF OMITTED] TC01MR92.015



[[Page 341]]

                   1.1  Emergency Response Action Plan

    Several sections of the response plan shall be co-located for easy 
access by response personnel during an actual emergency or oil spill. 
This collection of sections shall be called the Emergency Response 
Action Plan. The Agency intends that the Action Plan contain only as 
much information as is necessary to combat the spill and be arranged so 
response actions are not delayed. The Action Plan may be arranged in a 
number of ways. For example, the sections of the Emergency Response 
Action Plan may be photocopies or condensed versions of the forms 
included in the associated sections of the response plan. Each Emergency 
Response Action Plan section may be tabbed for quick reference. The 
Action Plan shall be maintained in the front of the same binder that 
contains the complete response plan or it shall be contained in a 
separate binder. In the latter case, both binders shall be kept together 
so that the entire plan can be accessed by the qualified individual and 
appropriate spill response personnel. The Emergency Response Action Plan 
shall be made up of the following sections:

1. Qualified Individual Information (Section 1.2) partial
2. Emergency Notification Phone List (Section 1.3.1) partial
3. Spill Response Notification Form (Section 1.3.1) partial
4. Response Equipment List and Location (Section 1.3.2) complete
5. Response Equipment Testing and Deployment (Section 1.3.3) complete
6. Facility Response Team (Section 1.3.4) partial
7. Evacuation Plan (Section 1.3.5) condensed
8. Immediate Actions (Section 1.7.1) complete
9. Facility Diagram (Section 1.9) complete

                        1.2  Facility Information

    The facility information form is designed to provide an overview of 
the site and a description of past activities at the facility. Much of 
the information required by this section may be obtained from the 
facility's existing SPCC Plan.
    1.2.1  Facility name and location: Enter facility name and street 
address. Enter the address of corporate headquarters only if corporate 
headquarters are physically located at the facility. Include city, 
county, state, zip code, and phone number.
    1.2.2  Latitude and Longitude: Enter the latitude and longitude of 
the facility. Include degrees, minutes, and seconds of the main entrance 
of the facility.
    1.2.3  Wellhead Protection Area: Indicate if the facility is located 
in or drains into a wellhead protection area as defined by the Safe 
Drinking Water Act of 1986 (SDWA).\1\ The response plan requirements in 
the Wellhead Protection Program are outlined by the State or Territory 
in which the facility resides.
---------------------------------------------------------------------------

    \1\ A wellhead protection area is defined as the surface and 
subsurface area surrounding a water well or wellfield, supplying a 
public water system, through which contaminants are reasonably likely to 
move toward and reach such water well or wellfield. For further 
information regarding State and territory protection programs, facility 
owners or operators may contact the SDWA Hotline at 1-800-426-4791.
---------------------------------------------------------------------------

    1.2.4  Owner/operator: Write the name of the company or person 
operating the facility and the name of the person or company that owns 
the facility, if the two are different. List the address of the owner, 
if the two are different.
    1.2.5  Qualified Individual: Write the name of the qualified 
individual for the entire facility. If more than one person is listed, 
each individual indicated in this section shall have full authority to 
implement the facility response plan. For each individual, list: name, 
position, home and work addresses (street addresses, not P.O. boxes), 
emergency phone number, and specific response training experience.
    1.2.6  Date of Oil Storage Start-up: Enter the year which the 
present facility first started storing oil.
    1.2.7  Current Operation: Briefly describe the facility's operations 
and include the Standard Industry Classification (SIC) code.
    1.2.8  Dates and Type of Substantial Expansion: Include information 
on expansions that have occurred at the facility. Examples of such 
expansions include, but are not limited to: Throughput expansion, 
addition of a product line, change of a product line, and installation 
of additional oil storage capacity. The data provided shall include all 
facility historical information and detail the expansion of the 
facility. An example of substantial expansion is any material alteration 
of the facility which causes the owner or operator of the facility to 
re-evaluate and increase the response equipment necessary to adequately 
respond to a worst case discharge from the facility.
Date of Last Update: ______

                        Facility Information Form

Facility Name:__________________________________________________________
  Location (Street Address):____________________________________________
    City: ______ State: ______ Zip: ______
    County: ______ Phone Number: (    ) ______
    Latitude: ______ Degrees ______ Minutes ______ Seconds
    Longitude: ______ Degrees ______ Minutes ______ Seconds
Wellhead Protection Area:_______________________________________________

[[Page 342]]

Owner:__________________________________________________________________
  Owner Location (Street Address):______________________________________
        (if different from Facility Address)
    City: ______ State:______ Zip: ______
    County: ______ Phone Number: (    ) ______
Operator (if not Owner):________________________________________________
Qualified Individual(s): (attach additional sheets if more than one)
  Name:_________________________________________________________________
  Position:_____________________________________________________________
  Work Address:_________________________________________________________
  Home Address:_________________________________________________________
  Emergency Phone Number: (      )______________________________________
Date of Oil Storage Start-up:___________________________________________
Current Operations:_____________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Date(s) and Type(s) of Substantial Expansion(s):________________________
_______________________________________________________________________
(Attach additional sheets if necessary)

                   1.3  Emergency Response Information

    (A) The information provided in this section shall describe what 
will be needed in an actual emergency involving the discharge of oil or 
a combination of hazardous substances and oil discharge. The Emergency 
Response Information section of the plan must include the following 
components:

    (1) The information provided in the Emergency Notification Phone 
List in section 1.3.1 identifies and prioritizes the names and phone 
numbers of the organizations and personnel that need to be notified 
immediately in the event of an emergency. This section shall include all 
the appropriate phone numbers for the facility. These numbers must be 
verified each time the plan is updated. The contact list must be 
accessible to all facility employees to ensure that, in case of a 
discharge, any employee on site could immediately notify the appropriate 
parties.
    (2) The Spill Response Notification Form in section 1.3.1 creates a 
checklist of information that shall be provided to the National Response 
Center (NRC) and other response personnel. All information on this 
checklist must be known at the time of notification, or be in the 
process of being collected. This notification form is based on a similar 
form used by the NRC. Note: Do not delay spill notification to collect 
the information on the list.
    (3) Section 1.3.2 provides a description of the facility's list of 
emergency response equipment and location of the response equipment. 
When appropriate, the amount of oil that emergency response equipment 
can handle and any limitations (e.g., launching sites) must be 
described.
    (4) Section 1.3.3 provides information regarding response equipment 
tests and deployment drills. Response equipment deployment exercises 
shall be conducted to ensure that response equipment is operational and 
the personnel who would operate the equipment in a spill response are 
capable of deploying and operating it. Only a representative sample of 
each type of response equipment needs to be deployed and operated, as 
long as the remainder is properly maintained. If appropriate, testing of 
response equipment may be conducted while it is being deployed. 
Facilities without facility-owned response equipment must ensure that 
the oil spill removal organization that is identified in the response 
plan to provide this response equipment certifies that the deployment 
exercises have been met. Refer to the National Preparedness for Response 
Exercise Program (PREP) Guidelines (see Appendix E to this part, section 
10, for availability), which satisfy Oil Pollution Act (OPA) response 
exercise requirements.
    (5) Section 1.3.4 lists the facility response personnel, including 
those employed by the facility and those under contract to the facility 
for response activities, the amount of time needed for personnel to 
respond, their responsibility in the case of an emergency, and their 
level of response training. Three different forms are included in this 
section. The Emergency Response Personnel List shall be composed of all 
personnel employed by the facility whose duties involve responding to 
emergencies, including oil spills, even when they are not physically 
present at the site. An example of this type of person would be the 
Building Engineer-in-Charge or Plant Fire Chief. The second form is a 
list of the Emergency Response Contractors (both primary and secondary) 
retained by the facility. Any changes in contractor status must be 
reflected in updates to the response plan. Evidence of contracts with 
response contractors shall be included in this section so that the 
availability of resources can be verified. The last form is the Facility 
Response Team List, which shall be composed of both emergency response 
personnel (referenced by job title/position) and emergency response 
contractors, included in one of the two lists described above, that will 
respond immediately upon discovery of an oil spill or other emergency 
(i.e., the first people to respond). These are to be persons normally on 
the facility premises or primary response contractors. Examples of these 
personnel would be the Facility Hazardous Materials (HAZMAT) Spill Team 
1, Facility Fire Engine Company 1, Production Supervisor, or Transfer 
Supervisor. Company personnel must be able to respond immediately and 
adequately if contractor support is not available.
    (6) Section 1.3.5 lists factors that must, as appropriate, be 
considered when preparing an evacuation plan.
    (7) Section 1.3.6 references the responsibilities of the qualified 
individual for the facility in the event of an emergency.

[[Page 343]]

    (B) The information provided in the emergency response section will 
aid in the assessment of the facility's ability to respond to a worst 
case discharge and will identify additional assistance that may be 
needed. In addition, the facility owner or operator may want to produce 
a wallet-size card containing a checklist of the immediate response and 
notification steps to be taken in the event of an oil discharge.

                           1.3.1  Notification

Date of Last Update:____________________________________________________

            Emergency Notification Phone List Whom To Notify

Reporter's Name:________________________________________________________
Date:___________________________________________________________________
Facility Name:__________________________________________________________
Owner Name:_____________________________________________________________
Facility Identification Number:_________________________________________
Date and Time of Each NRC Notification:_________________________________

------------------------------------------------------------------------
                     Organization                          Phone No.    
------------------------------------------------------------------------
1. National Response Center (NRC):                        1-800-424-8802
                                                      ------------------
                                                                        
2. Qualified Individual:                                                
                                                      ------------------
                                                                        
  Evening Phone:                                                        
                                                      ------------------
                                                                        
3. Company Response Team:                                               
                                                      ------------------
                                                                        
  Evening Phone:                                                        
                                                      ------------------
                                                                        
4. Federal On-Scene Coordinator (OSC) and/or Regional                   
 Response Center (RRC):                                                 
                                                      ------------------
                                                                        
  Evening Phone(s):                                                     
                                                      ------------------
                                                                        
  Pager Number(s):                                                      
                                                      ------------------
                                                                        
5. Local Response Team (Fire Dept./Cooperatives):                       
                                                      ------------------
                                                                        
6. Fire Marshall:                                                       
                                                      ------------------
                                                                        
  Evening Phone:                                                        
                                                      ------------------
                                                                        
7. State Emergency Response Commission (SERC):                          
                                                      ------------------
                                                                        
  Evening Phone:                                                        
                                                      ------------------
                                                                        
8. State Police:                                                        
                                                      ------------------
                                                                        
9. Local Emergency Planning Committee (LEPC):                           
                                                      ------------------
                                                                        
10. Local Water Supply System:                                          
                                                      ------------------
                                                                        
  Evening Phone:                                                        
                                                      ------------------
                                                                        
11. Weather Report:                                                     
                                                      ------------------
                                                                        
12. Local Television/Radio Station for Evacuation                       
 Notification:                                                          
                                                      ------------------
                                                                        
13. Hospitals:                                                          
                                                      ------------------
                                                                        
------------------------------------------------------------------------

                    Spill Response Notification Form

Reporter's Last Name:___________________________________________________
First:__________________________________________________________________
M.I.:___________________________________________________________________
Position:_______________________________________________________________
Phone Numbers:

    Day (    )      -
    Evening (    )      -

Company:________________________________________________________________

Organization Type:______________________________________________________

Address:________________________________________________________________

_______________________________________________________________________

City:___________________________________________________________________

State:__________________________________________________________________

Zip:____________________________________________________________________

Were Materials Discharged? ______ (Y/N) Confidential? ______ (Y/N)
Meeting Federal Obligations to Report? ______ (Y/N) Date Called: ______
Calling for Responsible Party? ______ (Y/N) Time Called: ______

                          Incident Description

Source and/or Cause of Incident:________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

Date of Incident:_______________________________________________________

Time of Incident: ______ AM/PM

Incident Address/Location:______________________________________________

_______________________________________________________________________

Nearest City:________________ State: ______ County: ________ Zip: 
________
Distance from City: ______ Units of Measure: ______ Direction from City: 
______
Section: ________ Township: ________ Range: ________ Borough: ________
Container Type: ______ Tank Oil Storage Capacity: ________ Units of 
Measure: ______
Facility Oil Storage Capacity: ________ Units of Measure: ______
Facility Latitude: ______ Degrees ______ Minutes ______ Seconds
Facility Longitude: ______ Degrees ______ Minutes ______ Seconds

                                Material

[[Page 344]]



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                                                                                      Material Discharged                                               
             CHRIS Code                Discharged quantity       Unit of measure            in water               Quantity           Unit of measure   
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--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                                                                                                                                                        
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                             Response Action

Actions Taken to Correct, Control or Mitigate Incident:

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

                                 Impact

Number of Injuries: ______ Number of Deaths: ______
Were there Evacuations? ______ (Y/N) Number Evacuated: ______
Was there any Damage? ______ (Y/N)
Damage in Dollars (approximate):________________________________________

Medium Affected:________________________________________________________

Description:____________________________________________________________

More Information about Medium:__________________________________________

_______________________________________________________________________

_______________________________________________________________________

                         Additional Information

Any information about the incident not recorded elsewhere in the report:

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

                          Caller Notifications

EPA? ______ (Y/N) USCG? ______ (Y/N) State? ______ (Y/N)
Other? ______ (Y/N) Describe: ____________

                     1.3.2  Response Equipment List

    Date of Last Update:______

                    Facility Response Equipment List

1. Skimmers/Pumps--Operational Status:__________________________________
  Type, Model, and Year:________________________________________________
  ______________________________________________________________________
    Type    Model    Year
  Number:_______________________________________________________________
  Capacity: ________ gal./min.
  Daily Effective Recovery Rate:________________________________________
  Storage Location(s):__________________________________________________
  Date Fuel Last Changed:_______________________________________________
2. Boom--Operational Status:____________________________________________
  Type, Model, and Year:________________________________________________
    Type    Model    Year
  Number:_______________________________________________________________
    Size (length): ________ ft.
    Containment Area: ________ sq. ft.
  Storage Location:_____________________________________________________
    3. Chemicals Stored (Dispersants listed on EPA's NCP Product 
Schedule)

----------------------------------------------------------------------------------------------------------------
                                                                               Date      Treatment     Storage  
                            Type                                 Amount     purchased     capacity     location 
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------

    Were appropriate procedures used to receive approval for use of 
dispersants in accordance with the NCP (40 CFR 300.910) and the Area 
Contingency Plan (ACP), where applicable?______ (Y/N).
    Name and State of On-Scene Coordinator (OSC) authorizing use: ______ 
.
    Date Authorized: ______ .
    4. Dispersant Dispensing Equipment--Operational Status: ______ .

[[Page 345]]



------------------------------------------------------------------------
                                                               Response 
          Type and year              Capacity     Storage        time   
                                                  location    (minutes) 
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------

5. Sorbents--Operational Status:________________________________________
  Type and Year Purchased:______________________________________________
  Amount:_______________________________________________________________
  Absorption Capacity (gal.):___________________________________________
  Storage Location(s):__________________________________________________
6. Hand Tools--Operational Status:______________________________________

------------------------------------------------------------------------
     Type and year               Quantity            Storage  location  
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------

    7. Communication Equipment (include operating frequency and channel 
and/or cellular phone numbers)--Operational Status: ______

------------------------------------------------------------------------
                                                     Storage location/  
     Type and year               Quantity                 number        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------

    8. Fire Fighting and Personnel Protective Equipment--Operational 
Status: ______

------------------------------------------------------------------------
     Type and year               Quantity            Storage  location  
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------

    9. Other (e.g., Heavy Equipment, Boats and Motors)--Operational 
Status: ______

------------------------------------------------------------------------
     Type and year               Quantity            Storage  location  
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------

              1.3.3  Response Equipment Testing/Deployment

    Date of Last Update:________

           Response Equipment Testing and Deployment Drill Log

Last Inspection or Response Equipment Test Date:________________________
Inspection Frequency:___________________________________________________
Last Deployment Drill Date:_____________________________________________
Deployment Frequency:___________________________________________________
Oil Spill Removal Organization Certification (if applicable):___________

                            1.3.4  Personnel

    Date of Last Update:________

[[Page 346]]



                                                              Emergency Response Personnel                                                              
                                                                    Company Personnel                                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
         Name                  Phone \1\             Response time       Responsibility during response action         Response training type/date      
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.                                                                                                                                                      
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2.                                                                                                                                                      
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3.                                                                                                                                                      
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4.                                                                                                                                                      
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5.                                                                                                                                                      
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6.                                                                                                                                                      
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7.                                                                                                                                                      
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8.                                                                                                                                                      
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9.                                                                                                                                                      
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10.                                                                                                                                                     
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11.                                                                                                                                                     
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12.                                                                                                                                                     
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\1\ Phone number to be used when person is not on-site.                                                                                                 


                                                             Emergency Response Contractors                                                             
                                                              Date of Last Update: ________                                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
       Contractor                   Phone                 Response time                               Contract responsibility \1\                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.                                                                                                                                                      
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                                                                             ---------------------------------------------------------------------------
                                                                                                                                                        
                                                                             ---------------------------------------------------------------------------
2.                                                                                                                                                      
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[[Page 347]]

                                                                                                                                                        
3.                                                                                                                                                      
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4.                                                                                                                                                      
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                                                                             ---------------------------------------------------------------------------
                                                                                                                                                        
                                                                             ---------------------------------------------------------------------------
                                                                                                                                                        
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\1\ Include evidence of contracts/agreements with response contractors to ensure the availability of personnel and response equipment.                  


                                                                 Facility Response Team                                                                 
                                                              Date of Last Update: ________                                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Team member                             Response time (minutes)                 Phone or pager number (day/evening)            
--------------------------------------------------------------------------------------------------------------------------------------------------------
Qualified Individual:                                                                                                                                   
                                                               ...........................                      /                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               ...........................                      /                                       
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                                                               ...........................                      /                                       
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                                                               ...........................                      /                                       
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[[Page 348]]

                                                                                                                                                        
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                                                               ...........................                      /                                       
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Note: If the facility uses contracted help in an emergency response situation, the owner or operator must provide the contractors' names and review the 
  contractors' capacities to provide adequate personnel and response equipment.                                                                         


[[Page 349]]

                         1.3.5  Evacuation Plans

    1.3.5.1  Based on the analysis of the facility, as discussed 
elsewhere in the plan, a facility-wide evacuation plan shall be 
developed. In addition, plans to evacuate parts of the facility that are 
at a high risk of exposure in the event of a spill or other release must 
be developed. Evacuation routes must be shown on a diagram of the 
facility (see section 1.9 of this appendix). When developing evacuation 
plans, consideration must be given to the following factors, as 
appropriate:
    (1) Location of stored materials;
    (2) Hazard imposed by spilled material;
    (3) Spill flow direction;
    (4) Prevailing wind direction and speed;
    (5) Water currents, tides, or wave conditions (if applicable);
    (6) Arrival route of emergency response personnel and response 
equipment;
    (7) Evacuation routes;
    (8) Alternative routes of evacuation;
    (9) Transportation of injured personnel to nearest emergency medical 
facility;
    (10) Location of alarm/notification systems;
    (11) The need for a centralized check-in area for evacuation 
validation (roll call);
    (12) Selection of a mitigation command center; and
    (13) Location of shelter at the facility as an alternative to 
evacuation.
    1.3.5.2  One resource that may be helpful to owners or operators in 
preparing this section of the response plan is The Handbook of Chemical 
Hazard Analysis Procedures by the Federal Emergency Management Agency 
(FEMA), Department of Transportation (DOT), and EPA. The Handbook of 
Chemical Hazard Analysis Procedures is available from: FEMA , 
Publication Office, 500 C. Street, S.W., Washington, DC 20472, (202) 
646-3484.
    1.3.5.3  As specified in Sec. 112.20(h)(1)(vi), the facility owner 
or operator must reference existing community evacuation plans, as 
appropriate.

                  1.3.6  Qualified Individual's Duties

    The duties of the designated qualified individual are specified in 
Sec. 112.20(h)(3)(ix). The qualified individual's duties must be 
described and be consistent with the minimum requirements in 
Sec. 112.20(h)(3)(ix). In addition, the qualified individual must be 
identified with the Facility Information in section 1.2 of the response 
plan.

                         1.4  Hazard Evaluation

    This section requires the facility owner or operator to examine the 
facility's operations closely and to predict where discharges could 
occur. Hazard evaluation is a widely used industry practice that allows 
facility owners or operators to develop a complete understanding of 
potential hazards and the response actions necessary to address these 
hazards. The Handbook of Chemical Hazard Analysis Procedures, prepared 
by the EPA, DOT, and the FEMA and the Hazardous Materials Emergency 
Planning Guide (NRT-1), prepared by the National Response Team are good 
references for conducting a hazard analysis. Hazard identification and 
evaluation will assist facility owners or operators in planning for 
potential discharges, thereby reducing the severity of discharge impacts 
that may occur in the future. The evaluation also may help the operator 
identify and correct potential sources of discharges. In addition, 
special hazards to workers and emergency response personnel's health and 
safety shall be evaluated, as well as the facility's oil spill history.

                      1.4.1  Hazard  Identification

    The Tank and Surface Impoundment (SI) forms, or their equivalent, 
that are part of this section must be completed according to the 
directions below. (``Surface Impoundment'' means a facility or part of a 
facility which is a natural topographic depression, man-made excavation, 
or diked area formed primarily of earthen materials (although it may be 
lined with man-made materials), which is designed to hold an 
accumulation of liquid wastes or wastes containing free liquids, and 
which is not an injection well or a seepage facility.) Similar 
worksheets, or their equivalent, must be developed for any other type of 
storage containers.
    (1) List each tank at the facility with a separate and distinct 
identifier. Begin aboveground tank identifiers with an ``A'' and 
belowground tank identifiers with a ``B'', or submit multiple sheets 
with the aboveground tanks and belowground tanks on separate sheets.
    (2) Use gallons for the maximum capacity of a tank; and use square 
feet for the area.
    (3) Using the appropriate identifiers and the following 
instructions, fill in the appropriate forms:
    (a) Tank or SI number--Using the aforementioned identifiers (A or B) 
or multiple reporting sheets, identify each tank or SI at the facility 
that stores oil or hazardous materials.
    (b) Substance Stored--For each tank or SI identified, record the 
material that is stored therein. If the tank or SI is used to store more 
than one material, list all of the stored materials.
    (c) Quantity Stored--For each material stored in each tank or SI, 
report the average volume of material stored on any given day.
    (d) Tank Type or Surface Area/Year--For each tank, report the type 
of tank (e.g., floating top), and the year the tank was originally 
installed. If the tank has been refabricated, the year that the latest 
refabrication was completed must be recorded in parentheses next to the 
year installed. For

[[Page 350]]

each SI, record the surface area of the impoundment and the year it went 
into service.
    (e) Maximum Capacity--Record the operational maximum capacity for 
each tank and SI. If the maximum capacity varies with the season, record 
the upper and lower limits.
    (f) Failure/Cause--Record the cause and date of any tank or SI 
failure which has resulted in a loss of tank or SI contents.
    (4) Using the numbers from the tank and SI forms, label a schematic 
drawing of the facility. This drawing shall be identical to any 
schematic drawings included in the SPCC Plan.
    (5) Using knowledge of the facility and its operations, describe the 
following in writing:
    (a) The loading and unloading of transportation vehicles that risk 
the discharge of oil or release of hazardous substances during transport 
processes. These operations may include loading and unloading of trucks, 
railroad cars, or vessels. Estimate the volume of material involved in 
transfer operations, if the exact volume cannot be determined.
    (b) Day-to-day operations that may present a risk of discharging oil 
or releasing a hazardous substance. These activities include scheduled 
venting, piping repair or replacement, valve maintenance, transfer of 
tank contents from one tank to another, etc. (not including 
transportation-related activities). Estimate the volume of material 
involved in these operations, if the exact volume cannot be determined.
    (c) The secondary containment volume associated with each tank and/
or transfer point at the facility. The numbering scheme developed on the 
tables, or an equivalent system, must be used to identify each 
containment area. Capacities must be listed for each individual unit 
(tanks, slumps, drainage traps, and ponds), as well as the facility 
total.
    (d) Normal daily throughput for the facility and any effect on 
potential discharge volumes that a negative or positive change in that 
throughput may cause.

                                                             Hazard Identification Tanks \1\                                                            
                                                              Date of Last Update: ________                                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Substance Stored (Oil                                                                                             
              Tank No.                    and Hazardous          Quantity Stored         Tank Type/Year        Maximum Capacity        Failure/Cause    
                                           Substance)               (gallons)                                     (gallons)                             
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\1\ Tank = any container that stores oil.                                                                                                               
Attach as many sheets as necessary.                                                                                                                     


                                                    Hazard Identification Surface Impoundments (SIs)                                                    
                                                              Date of Last Update: ________                                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Quantity Stored                               Maximum Capacity                         
               SI No.                   Substance Stored            (gallons)          Surface Area/Year          (gallons)            Failure/Cause    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
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[[Page 351]]

                                                                                                                                                        
                                                                                                                                                        
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Attach as many sheets as necessary.                                                                                                                     

                      1.4.2  Vulnerability Analysis

    The vulnerability analysis shall address the potential effects 
(i.e., to human health, property, or the environment) of an oil spill. 
Attachment C-III to Appendix C to this part provides a method that 
owners or operators shall use to determine appropriate distances from 
the facility to fish and wildlife and sensitive environments. Owners or 
operators can use a comparable formula that is considered acceptable by 
the RA. If a comparable formula is used, documentation of the 
reliability and analytical soundness of the formula must be attached to 
the response plan cover sheet. This analysis must be prepared for each 
facility and, as appropriate, must discuss the vulnerability of:
    (1) Water intakes (drinking, cooling, or other);
    (2) Schools;
    (3) Medical facilities;
    (4) Residential areas;
    (5) Businesses;
    (6) Wetlands or other sensitive environments; \2\
---------------------------------------------------------------------------

    \2\ Refer to the DOC/NOAA ``Guidance for Facility and Vessel 
Response Plans: Fish and Wildlife and Sensitive Environments'' (See 
appendix E to this part, section 10, for availability).
---------------------------------------------------------------------------

    (7) Fish and wildlife;
    (8) Lakes and streams;
    (9) Endangered flora and fauna;
    (10) Recreational areas;
    (11) Transportation routes (air, land, and water);
    (12) Utilities; and
    (13) Other areas of economic importance (e.g., beaches, marinas) 
including terrestrially sensitive environments, aquatic environments, 
and unique habitats.

            1.4.3  Analysis of the Potential for an Oil Spill

    Each owner or operator shall analyze the probability of a spill 
occurring at the facility. This analysis shall incorporate factors such 
as oil spill history, horizontal range of a potential spill, and 
vulnerability to natural disaster, and shall, as appropriate, 
incorporate other factors such as tank age. This analysis will provide 
information for developing discharge scenarios for a worst case 
discharge and small and medium discharges and aid in the development of 
techniques to reduce the size and frequency of spills. The owner or 
operator may need to research the age of the tanks and the oil spill 
history at the facility.

              1.4.4  Facility Reportable Oil Spill History

    Briefly describe the facility's reportable oil spill \3\ history for 
the entire life of the facility to the extent that such information is 
reasonably identifiable, including:
---------------------------------------------------------------------------

    \3\ As described in 40 CFR part 110, reportable oil spills are those 
that: (a) violate applicable water quality standards, or (b) cause a 
film or sheen upon or discoloration of the surface of the water or 
adjoining shorelines or cause a sludge or emulsion to be deposited 
beneath the surface of the water or upon adjoining shorelines.
---------------------------------------------------------------------------

    (1) Date of discharge(s);
    (2) List of discharge causes;
    (3) Material(s) discharged;
    (4) Amount discharged in gallons;
    (5) Amount of discharge that reached navigable waters, if 
applicable;
    (6) Effectiveness and capacity of secondary containment;
    (7) Clean-up actions taken;
    (8) Steps taken to reduce possibility of recurrence;
    (9) Total oil storage capacity of the tank(s) or impoundment(s) from 
which the material discharged;
    (10) Enforcement actions;
    (11) Effectiveness of monitoring equipment; and

[[Page 352]]

    (12) Description(s) of how each oil spill was detected.

The information solicited in this section may be similar to requirements 
in 40 CFR 112.4(a). Any duplicate information required by Sec. 112.4(a) 
may be photocopied and inserted.

                        1.5  Discharge Scenarios

    In this section, the owner or operator is required to provide a 
description of the facility's worst case discharge, as well as a small 
and medium spill, as appropriate. A multi-level planning approach has 
been chosen because the response actions to a spill (i.e., necessary 
response equipment, products, and personnel) are dependent on the 
magnitude of the spill. Planning for lesser discharges is necessary 
because the nature of the response may be qualitatively different 
depending on the quantity of the discharge. The facility owner or 
operator shall discuss the potential direction of the spill pathway.

                   1.5.1  Small and Medium Discharges

    1.5.1.1  To address multi-level planning requirements, the owner or 
operator must consider types of facility-specific spill scenarios that 
may contribute to a small or medium spill. The scenarios shall account 
for all the operations that take place at the facility, including but 
not limited to:
    (1) Loading and unloading of surface transportation;
    (2) Facility maintenance;
    (3) Facility piping;
    (4) Pumping stations and sumps;
    (5) Oil storage tanks;
    (6) Vehicle refueling; and
    (7) Age and condition of facility and components.
    1.5.1.2  The scenarios shall also consider factors that affect the 
response efforts required by the facility. These include but are not 
limited to:
    (1) Size of the spill;
    (2) Proximity to downgradient wells, waterways, and drinking water 
intakes;
    (3) Proximity to fish and wildlife and sensitive environments;
    (4) Likelihood that the discharge will travel offsite (i.e., 
topography, drainage) ;
    (5) Location of the material spilled (i.e., on a concrete pad or 
directly on the soil);
    (6) Material discharged;
    (7) Weather or aquatic conditions (i.e., river flow);
    (8) Available remediation equipment;
    (9) Probability of a chain reaction of failures; and
    (10) Direction of spill pathway.

                       1.5.2  Worst Case Discharge

    1.5.2.1  In this section, the owner or operator must identify the 
worst case discharge volume at the facility. Worksheets for production 
and non-production facility owners or operators to use when calculating 
worst case discharge are presented in Appendix D to this part. When 
planning for the worst case discharge response, all of the 
aforementioned factors listed in the small and medium discharge section 
of the response plan shall be addressed.
    1.5.2.2  For onshore storage facilities and production facilities, 
permanently manifolded oil storage tanks are defined as tanks that are 
designed, installed, and/or operated in such a manner that the multiple 
tanks function as one storage unit (i.e., multiple tank volumes are 
equalized). In this section of the response plan, owners or operators 
must provide evidence that oil storage tanks with common piping or 
piping systems are not operated as one unit. If such evidence is 
provided and is acceptable to the RA, the worst case discharge volume 
shall be based on the combined oil storage capacity of all manifold 
tanks or the oil storage capacity of the largest single oil storage tank 
within the secondary containment area, whichever is greater. For 
permanently manifolded oil storage tanks that function as one storage 
unit, the worst case discharge shall be based on the combined oil 
storage capacity of all manifolded tanks or the oil storage capacity of 
the largest single tank within a secondary containment area, whichever 
is greater. For purposes of the worst case discharge calculation, 
permanently manifolded oil storage tanks that are separated by internal 
divisions for each tank are considered to be single tanks and individual 
manifolded tank volumes are not combined.

                    1.6  Discharge Detection Systems

    In this section, the facility owner or operator shall provide a 
detailed description of the procedures and equipment used to detect 
discharges. A section on spill detection by personnel and a discussion 
of automated spill detection, if applicable, shall be included for both 
regular operations and after hours operations. In addition, the facility 
owner or operator shall discuss how the reliability of any automated 
system will be checked and how frequently the system will be inspected.

                 1.6.1  Discharge Detection by Personnel

    In this section, facility owners or operators shall describe the 
procedures and personnel that will detect any spill or uncontrolled 
discharge of oil or release of a hazardous substance. A thorough 
discussion of facility inspections must be included. In addition, a 
description of initial response actions shall be addressed. This section 
shall reference section 1.3.1 of the response plan for emergency 
response information.

[[Page 353]]

                  1.6.2  Automated Discharge Detection

    In this section, facility owners or operators must describe any 
automated spill detection equipment that the facility has in place. This 
section shall include a discussion of overfill alarms, secondary 
containment sensors, etc. A discussion of the plans to verify an 
automated alarm and the actions to be taken once verified must also be 
included.

                        1.7  Plan Implementation

    In this section, facility owners or operators must explain in detail 
how to implement the facility's emergency response plan by describing 
response actions to be carried out under the plan to ensure the safety 
of the facility and to mitigate or prevent discharges described in 
section 1.5 of the response plan. This section shall include the 
identification of response resources for small, medium, and worst case 
spills; disposal plans; and containment and drainage planning. A list of 
those personnel who would be involved in the cleanup shall be 
identified. Procedures that the facility will use, where appropriate or 
necessary, to update their plan after an oil spill event and the time 
frame to update the plan must be described.

   1.7.1  Response Resources for Small, Medium, and Worst Case Spills

    1.7.1.1  Once the spill scenarios have been identified in section 
1.5 of the response plan, the facility owner or operator shall identify 
and describe implementation of the response actions. The facility owner 
or operator shall demonstrate accessibility to the proper response 
personnel and equipment to effectively respond to all of the identified 
spill scenarios. The determination and demonstration of adequate 
response capability are presented in Appendix E to this part. In 
addition, steps to expedite the cleanup of oil spills must be discussed. 
At a minimum, the following items must be addressed:
    (1) Emergency plans for spill response;
    (2) Additional response training;
    (3) Additional contracted help;
    (4) Access to additional response equipment/experts; and
    (5) Ability to implement the plan including response training and 
practice drills.
    1.7.1.2A recommended form detailing immediate actions follows.

                  Oil Spill Response--Immediate Actions                 
                                                                        
                                                                        
1. Stop the        Act quickly to secure pumps,                         
 product flow.      close valves, etc.                                  
2. Warn personnel  Enforce safety and security                          
                    measures.                                           
3. Shut off        Motors, electrical circuits, open                    
 ignition sources.  flames, etc.                                        
4. Initiate        Around the tank and/or in the                        
 containment.       water with oil boom.                                
5. Notify NRC....  1-800-424-8802                                       
6. Notify OSC                                                           
7. Notify, as                                                           
 appropriate                                                            
Source: FOSS, Oil Spill Response--Emergency Procedures, Revised December
  3, 1992.                                                              

                          1.7.2  Disposal Plans

    1.7.2.1  Facility owners or operators must describe how and where 
the facility intends to recover, reuse, decontaminate, or dispose of 
materials after a discharge has taken place. The appropriate permits 
required to transport or dispose of recovered materials according to 
local, State, and Federal requirements must be addressed. Materials that 
must be accounted for in the disposal plan, as appropriate, include:
    (1) Recovered product;
    (2) Contaminated soil;
    (3) Contaminated equipment and materials, including drums, tank 
parts, valves, and shovels;
    (4) Personnel protective equipment;
    (5) Decontamination solutions;
    (6) Adsorbents; and
    (7) Spent chemicals.
    1.7.2.2  These plans must be prepared in accordance with Federal 
(e.g., the Resource Conservation and Recovery Act [RCRA]), State, and 
local regulations, where applicable. A copy of the disposal plans from 
the facility's SPCC Plan may be inserted with this section, including 
any diagrams in those plans.

------------------------------------------------------------------------
                                     Disposal                RCRA permit/
             Material                facility     Location     manifest 
------------------------------------------------------------------------
1.                                                                      
------------------------------------------------------------------------
2.                                                                      
------------------------------------------------------------------------
3.                                                                      
------------------------------------------------------------------------
4.                                                                      
------------------------------------------------------------------------

                1.7.3  Containment and Drainage Planning

    A proper plan to contain and control a spill through drainage may 
limit the threat of harm to human health and the environment. This 
section shall describe how to contain and control a spill through 
drainage, including:
    (1) The available volume of containment (use the information 
presented in section 1.4.1 of the response plan);
    (2) The route of drainage from oil storage and transfer areas;

[[Page 354]]

    (3) The construction materials used in drainage troughs;
    (4) The type and number of valves and separators used in the 
drainage system;
    (5) Sump pump capacities;
    (6) The containment capacity of weirs and booms that might be used 
and their location (see section 1.3.2 of this appendix); and
    (7) Other cleanup materials.

In addition, facility owners or operators must meet the inspection and 
monitoring requirements for drainage contained in 40 CFR 112.7(e). A 
copy of the containment and drainage plans that are required in 40 CFR 
112.7(e) may be inserted in this section, including any diagrams in 
those plans.

    Note: The general permit for stormwater drainage may contain 
additional requirements.

      1.8  Self-Inspection, Drills/Exercises, and Response Training

    The owner or operator must develop programs for facility response 
training and for drills/exercises according to the requirements of 40 
CFR 112.21. Logs must be kept for facility drills/exercises, personnel 
response training, and spill prevention meetings. Much of the 
recordkeeping information required by this section is also contained in 
the SPCC Plan required by 40 CFR 112.3. These logs may be included in 
the facility response plan or kept as an annex to the facility response 
plan.

                     1.8.1  Facility Self-Inspection

    Pursuant to 40 CFR 112.7(e)(8), each facility shall include the 
written procedures and records of inspections in the SPCC Plan. The 
inspection shall include the tanks, secondary containment, and response 
equipment at the facility. Records of the inspections of tanks and 
secondary containment required by 40 CFR 112.7(e) shall be cross-
referenced in the response plan. The inspection of response equipment is 
a new requirement in this plan. Facility self-inspection requires two 
steps: (1) a checklist of things to inspect; and (2) a method of 
recording the actual inspection and its findings. The date of each 
inspection shall be noted. These records are required to be maintained 
for 5 years.

                        1.8.1.1  Tank Inspection

    The tank inspection checklist presented below has been included as 
guidance during inspections and monitoring. Similar requirements exist 
in 40 CFR 112.7(e). Duplicate information from the SPCC Plan may be 
photocopied and inserted in this section. The inspection checklist 
consists of the following items:

                        Tank Inspection Checklist

1. Check tanks for leaks, specifically looking for:
    A. drip marks;
    B. discoloration of tanks;
    C. puddles containing spilled or leaked material;
    D. corrosion;
    E. cracks; and
    F. localized dead vegetation.
2. Check foundation for:
    A. cracks;
    B. discoloration;
    C. puddles containing spilled or leaked material;
    D. settling;
    E. gaps between tank and foundation; and
    F. damage caused by vegetation roots.
3. Check piping for:
    A. droplets of stored material;
    B. discoloration;
    C. corrosion;
    D. bowing of pipe between supports;
    E. evidence of stored material seepage from valves or seals; and
    F. localized dead vegetation.

                                     Tank/Surface Impoundment Inspection Log                                    
----------------------------------------------------------------------------------------------------------------
              Inspector                      Tank or SI#                  Date                   Comments       
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                 1.8.1.2  Response Equipment Inspection

    Using the Emergency Response Equipment List provided in section 
1.3.2 of the response plan, describe each type of response equipment, 
checking for the following:

                      Response Equipment Checklist

    1. Inventory (item and quantity);
    2. Storage location;
    3. Accessibility (time to access and respond);
    4. Operational status/condition;
    5. Actual use/testing (last test date and frequency of testing); and
    6. Shelf life (present age, expected replacement date).

Please note any discrepancies between this list and the available 
response equipment.

                                        Response Equipment Inspection Log                                       
                             [Use section 1.3.2 of the response plan as a checklist]                            
----------------------------------------------------------------------------------------------------------------
              Inspector                               Date                                Comments              
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                1.8.1.3  Secondary Containment Inspection

    Inspect the secondary containment (as described in sections 1.4.1 
and 1.7.2 of the response plan), checking the following:

                     Secondary Containment Checklist

1. Dike or berm system.
    A. Level of precipitation in dike/available capacity;
    B. Operational status of drainage valves;
    C. Dike or berm permeability;
    D. Debris;
    E. Erosion;
    F. Permeability of the earthen floor of diked area; and
    G. Location/status of pipes, inlets, drainage beneath tanks, etc.
2. Secondary containment
    A. Cracks;
    B. Discoloration;
    C. Presence of spilled or leaked material (standing liquid);
    D. Corrosion; and
    E. Valve conditions.
3. Retention and drainage ponds
    A. Erosion;
    B. Available capacity;
    C. Presence of spilled or leaked material;
    D. Debris; and
    E. Stressed vegetation.

During inspection, make note of discrepancies in any of the above 
mentioned items, and report them immediately to the proper facility 
personnel. Similar requirements exist in 40 CFR 112.7(e). Duplicate 
information from the SPCC Plan may be photocopied and inserted in this 
section.

                    1.8.2  Facility Drills/Exercises

    (A) CWA section 311(j)(5), as amended by OPA, requires the response 
plan to contain a description of facility drills/exercises. According to 
40 CFR 112.21(c), the facility owner or operator shall develop a program 
of facility response drills/exercises, including evaluation procedures. 
Following the PREP guidelines (see Appendix E to this part, section 10, 
for availability) would satisfy a facility's requirements for drills/
exercises under this part. Alternately, under Sec. 112.21(c), a facility 
owner or operator may develop a program that is not based on the PREP 
guidelines. Such a program is subject to approval by the Regional 
Administrator based on the description of the program provided in the 
response plan.
    (B) The PREP Guidelines specify that the facility conduct internal 
and external drills/exercises. The internal exercises include: qualified 
individual notification drills, spill management team tabletop 
exercises, equipment deployment exercises, and unannounced exercises. 
External exercises include Area Exercises. Credit for an Area or 
Facility-specific Exercise will be given to the facility for an actual 
response to a spill in the area if the plan was utilized for response to 
the spill and the objectives of the Exercise were met and were properly 
evaluated, documented and self-certified.
    (C) Section 112.20(h)(8)(ii) requires the facility owner or operator 
to provide a description of the drill/exercise program to be carried out 
under the response plan. Qualified Individual Notification Drill and 
Spill Management Team Tabletop Drill logs shall be provided in sections 
1.8.2.1 and 1.8.2.2, respectively. These logs may be included in the 
facility response plan or kept as an annex to the facility response 
plan. See section 1.3.3 of this appendix for Equipment Deployment Drill 
Logs.

    1.8.2.1  Qualified Individual Notification Drill Logs Qualified 
                    Individual Notification Drill Log

Date:___________________________________________________________________
Company:________________________________________________________________

[[Page 357]]

Qualified Individual(s):________________________________________________
Emergency Scenario:_____________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Evaluation:_____________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Changes to be Implemented:______________________________________________
_______________________________________________________________________
_______________________________________________________________________
Time Table for Implementation:__________________________________________
_______________________________________________________________________

 1.8.2.2  Spill Management Team Tabletop Exercise Logs Spill Management 
                       Team Tabletop Exercise Log

Date:___________________________________________________________________
Company:________________________________________________________________
Qualified Individual(s):________________________________________________
Emergency Scenario:_____________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Evaluation:_____________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Changes to be Implemented:______________________________________________
_______________________________________________________________________
_______________________________________________________________________
Time Table for Implementation:__________________________________________

                        1.8.3  Response Training

    Section 112.21(a) requires facility owners or operators to develop 
programs for facility response training. Facility owners or operators 
are required by Sec. 112.20(h)(8)(iii) to provide a description of the 
response training program to be carried out under the response plan. A 
facility's training program can be based on the USCG's Training Elements 
for Oil Spill Response, to the extent applicable to facility operations, 
or another response training program acceptable to the RA. The training 
elements are available from Petty Officer Daniel Caras at (202) 267-6570 
or fax 267-4085/4065. Personnel response training logs and discharge 
prevention meeting logs shall be included in sections 1.8.3.1 and 
1.8.3.2 of the response plan respectively. These logs may be included in 
the facility response plan or kept as an annex to the facility response 
plan.

                1.8.3.1  Personnel Response Training Logs

                     Personnel Response Training Log                    
------------------------------------------------------------------------
                               Response training/   Prevention training/
            Name               date and number of    date and number of 
                                      hours                 hours       
------------------------------------------------------------------------
                                                                        
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               1.8.3.2  Discharge Prevention Meetings Logs

                    Discharge Prevention Meeting Log

Date:___________________________________________________________________

Attendees:______________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________


------------------------------------------------------------------------
  Subject/issue identified       Required action     Implementation date
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------

[[Page 358]]

                                                                        
                                                                        
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                              1.9  Diagrams

    The facility-specific response plan shall include the following 
diagrams. Additional diagrams that would aid in the development of 
response plan sections may also be included.

(1) The Site Plan Diagram shall, as appropriate, include and identify:
    (A) the entire facility to scale;
    (B) above and below ground bulk oil storage tanks;
    (C) the contents and capacities of bulk oil storage tanks;
    (D) the contents and capacity of drum oil storage areas;
    (E) the contents and capacities of surface impoundments;
    (F) process buildings;
    (G) transfer areas;
    (H) secondary containment systems (location and capacity);
    (I) structures where hazardous materials are stored or handled, 
including materials stored and capacity of storage;
    (J) location of communication and emergency response equipment;
    (K) location of electrical equipment which contains oil; and
    (L) for complexes only, the interface(s) (i.e., valve or component) 
between the portion of the facility regulated by EPA and the portion(s) 
regulated by other Agencies. In most cases, this interface is defined as 
the last valve inside secondary containment before piping leaves the 
secondary containment area to connect to the transportation-related 
portion of the facility (i.e., the structure used or intended to be used 
to transfer oil to or from a vessel or pipeline). In the absence of 
secondary containment, this interface is the valve manifold adjacent to 
the tank nearest the transfer structure as described above. The 
interface may be defined differently at a specific facility if agreed to 
by the RA and the appropriate Federal official.
(2) The Site Drainage Plan Diagram shall, as appropriate, include:
    (A) major sanitary and storm sewers, manholes, and drains;
    (B) weirs and shut-off valves;
    (C) surface water receiving streams;
    (D) fire fighting water sources;
    (E) other utilities;
    (F) response personnel ingress and egress;
    (G) response equipment transportation routes; and
    (H) direction of spill flow from discharge points.
(3) The Site Evacuation Plan Diagram shall, as appropriate, include:
    (A) site plan diagram with evacuation route(s); and
    (B) location of evacuation regrouping areas.

                             1.10  Security

    According to 40 CFR 112.7(e)(9), facilities are required to maintain 
a certain level of security, as appropriate. In this section, a 
description of the facility security shall be provided and include, as 
appropriate:

(1) emergency cut-off locations (automatic or manual valves);
(2) enclosures (e.g., fencing, etc.);
(3) guards and their duties, day and night;
(4) lighting;
(5) valve and pump locks; and
(6) pipeline connection caps.

The SPCC Plan contains similar information. Duplicate information may be 
photocopied and inserted in this section.

                     2.0  Response Plan Cover Sheet

    A three-page form has been developed to be completed and submitted 
to the RA by owners or operators who are required to prepare and submit 
a facility-specific response plan. The cover sheet (Attachment F-1) must 
accompany the response plan to provide the Agency with basic information 
concerning the facility. This section will describe the Response Plan 
Cover Sheet and provide instructions for its completion.

                        2.1  General Information

    Owner/Operator of Facility: Enter the name of the owner of the 
facility (if the owner is the operator). Enter the operator of the 
facility if otherwise. If the owner/operator of the facility is a 
corporation, enter the name

[[Page 359]]

of the facility's principal corporate executive. Enter as much of the 
name as will fit in each section.
    (1) Facility Name: Enter the proper name of the facility.
    (2) Facility Address: Enter the street address, city, State, and zip 
code.
    (3) Facility Phone Number: Enter the phone number of the facility.
    (4) Latitude and Longitude: Enter the facility latitude and 
longitude in degrees, minutes, and seconds.
    (5) Dun and Bradstreet Number: Enter the facility's Dun and 
Bradstreet number if available (this information may be obtained from 
public library resources).
    (6) Standard Industrial Classification (SIC) Code: Enter the 
facility's SIC code as determined by the Office of Management and Budget 
(this information may be obtained from public library resources).
    (7) Largest Oil Storage Tank Capacity: Enter the capacity in GALLONS 
of the largest aboveground oil storage tank at the facility.
    (8) Maximum Oil Storage Capacity: Enter the total maximum capacity 
in GALLONS of all aboveground oil storage tanks at the facility.
    (9) Number of Oil Storage Tanks: Enter the number of all aboveground 
oil storage tanks at the facility.
    (10) Worst Case Discharge Amount: Using information from the 
worksheets in Appendix D, enter the amount of the worst case discharge 
in GALLONS.
    (11) Facility Distance to Navigable Waters: Mark the appropriate 
line for the nearest distance between an opportunity for discharge 
(i.e., oil storage tank, piping, or flowline) and a navigable water.

             2.2  Applicability of Substantial Harm Criteria

    Using the flowchart provided in Attachment C-I to Appendix C to this 
part, mark the appropriate answer to each question. Explanations of 
referenced terms can be found in Appendix C to this part. If a 
comparable formula to the ones described in Attachment C-III to Appendix 
C to this part is used to calculate the planning distance, documentation 
of the reliability and analytical soundness of the formula must be 
attached to the response plan cover sheet.

                           2.3  Certification

    Complete this block after all other questions have been answered.

                              3.0  Acronyms

ACP: Area Contingency Plan
ASTM: American Society of Testing Materials
bbls: Barrels
bpd: Barrels per Day
bph: Barrels per Hour
CHRIS: Chemical Hazards Response Information System
CWA: Clean Water Act
DOI: Department of Interior
DOC: Department of Commerce
DOT: Department of Transportation
EPA: Environmental Protection Agency
FEMA: Federal Emergency Management Agency
FR: Federal Register
gal: Gallons
gpm: Gallons per Minute
HAZMAT: Hazardous Materials
LEPC: Local Emergency Planning Committee
MMS: Minerals Management Service (part of DOI)
NCP: National Oil and Hazardous Substances Pollution Contingency Plan
NOAA: National Oceanic and Atmospheric Administration (part of DOC)
NRC: National Response Center
NRT: National Response Team
OPA: Oil Pollution Act of 1990
OSC: On-Scene Coordinator
PREP: National Preparedness for Response Exercise Program
RA: Regional Administrator
RCRA: Resource Conservation and Recovery Act
RRC: Regional Response Centers
RRT: Regional Response Team
RSPA: Research and Special Programs Administration
SARA: Superfund Amendments and Reauthorization Act
SERC: State Emergency Response Commission
SDWA: Safe Drinking Water Act of 1986
SI: Surface Impoundment
SIC: Standard Industrial Classification
SPCC: Spill Prevention, Control, and Countermeasures
USCG: United States Coast Guard

                             4.0  References

    CONCAWE. 1982. Methodologies for Hazard Analysis and Risk Assessment 
in the Petroleum Refining and Storage Industry. Prepared by CONCAWE's 
Risk Assessment Ad-hoc Group.
    U.S. Department of Housing and Urban Development. 1987. Siting of 
HUD-Assisted Projects Near Hazardous Facilities: Acceptable Separation 
Distances from Explosive and Flammable Hazards. Prepared by the Office 
of Environment and Energy, Environmental Planning Division, Department 
of Housing and Urban Development. Washington, DC.
    U.S. DOT, FEMA and U.S. EPA. Handbook of Chemical Hazard Analysis 
Procedures.
    U.S. DOT, FEMA and U.S. EPA. Technical Guidance for Hazards 
Analysis: Emergency Planning for Extremely Hazardous Substances.

[[Page 360]]

    The National Response Team. 1987. Hazardous Materials Emergency 
Planning Guide. Washington, DC.
    The National Response Team. 1990. Oil Spill Contingency Planning, 
National Status: A Report to the President. Washington, DC. U.S. 
Government Printing Office.
    Offshore Inspection and Enforcement Division. 1988. Minerals 
Management Service, Offshore Inspection Program: National Potential 
Incident of Noncompliance (PINC) List. Reston, VA.

                        Attachments to Appendix F

                Attachment F-1--Response Plan Cover Sheet

    This cover sheet will provide EPA with basic information concerning 
the facility. It must accompany a submitted facility response plan. 
Explanations and detailed instructions can be found in Appendix F. 
Please type or write legibly in blue or black ink. Public reporting 
burden for the collection of this information is estimated to vary from 
1 hour to 270 hours per response in the first year, with an average of 5 
hours per response. This estimate includes time for reviewing 
instructions, searching existing data sources, gathering the data 
needed, and completing and reviewing the collection of information. Send 
comments regarding the burden estimate of this information, including 
suggestions for reducing this burden to: Chief, Information Policy 
Branch, PM-223, U.S. Environmental Protection Agency, 401 M St., SW., 
Washington, D.C. 20460; and to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Washington D.C. 20503.

                           General Information

Owner/Operator of Facility:
_______________________________________________________________________

Facility Name:__________________________________________________________
Facility Address (street address or route):
_______________________________________________________________________

_______________________________________________________________________

City, State, and U.S. Zip Code:
_______________________________________________________________________

Facility Phone No.:_____________________________________________________

Latitude (Degrees: North):

_______________________________________________________________________
degrees, minutes, seconds

Dun & Bradstreet Number: \1\

    \1\ These numbers may be obtained from public library resources.
---------------------------------------------------------------------------

_______________________________________________________________________

Largest Aboveground Oil Storage Tank Capacity (Gallons):

_______________________________________________________________________

Number of Aboveground Oil Storage Tanks:

_______________________________________________________________________
Longitude (Degrees: West):

_______________________________________________________________________
degrees, minutes, seconds_______________________________________________

Standard Industrial Classification (SIC) Code: \1\______________________

_______________________________________________________________________

Maximum Oil Storage Capacity (Gallons):_________________________________

Worst Case Oil Discharge Amount (Gallons):______________________________

Facility Distance to Navigable Water. Mark the appropriate line.________
0-\1/4\ mile ____ \1/4\-\1/2\ mile ____ \1/2\-1 mile ____ >1 mile ____

               Applicability of Substantial Harm Criteria

    Does the facility transfer oil over-water \2\ to or from vessels and 
does the facility have a total oil storage capacity greater than or 
equal to 42,000 gallons?

    \2\ Explanations of the above-referenced terms can be found in 
Appendix C to this part. If a comparable formula to the ones contained 
in Attachment C-III is used to establish the appropriate distance to 
fish and wildlife and sensitive environments or public drinking water 
intakes, documentation of the reliability and analytical soundness of 
the formula must be attached to this form.

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Yes_____________________________________________________________________

No______________________________________________________________________

    Does the facility have a total oil storage capacity greater than or 
equal to 1 million gallons and, within any storage area, does the 
facility lack secondary containment \2\ that is sufficiently large to 
contain the capacity of the largest aboveground oil storage tank plus 
sufficient freeboard to allow for precipitation?

Yes_____________________________________________________________________

No______________________________________________________________________
    Does the facility have a total oil storage capacity greater than or 
equal to 1 million gallons and is the facility located at a distance \2\ 
(as calculated using the appropriate formula in Appendix C or a 
comparable formula) such that a discharge from the facility could cause 
injury to fish and wildlife and sensitive environments? \3\
---------------------------------------------------------------------------

    \3\ For further description of fish and wildlife and sensitive 
environments, see Appendices I, II, and III to DOC/NOAA's ``Guidance for 
Facility and Vessel Response Plans: Fish and Wildlife and Sensitive 
Environments'' (see Appendix E to this part, section 10, for 
availability) and the applicable ACP.

---------------------------------------------------------------------------
Yes_____________________________________________________________________

No______________________________________________________________________

Does the facility have a total oil storage capacity greater than or 
equal to 1 million gallons and is the facility located at a distance \2\ 
(as calculated using the appropriate

[[Page 361]]

formula in Appendix C or a comparable formula) such that a discharge 
from the facility would shut down a public drinking water intake? \2\___

Yes_____________________________________________________________________

No______________________________________________________________________

    Does the facility have a total oil storage capacity greater than or 
equal to 1 million gallons and has the facility experienced a reportable 
oil spill \2\ in an amount greater than or equal to 10,000 gallons 
within the last 5 years?

Yes_____________________________________________________________________

No______________________________________________________________________

                              Certification

    I certify under penalty of law that I have personally examined and 
am familiar with the information submitted in this document, and that 
based on my inquiry of those individuals responsible for obtaining 
information, I believe that the submitted information is true, accurate, 
and complete.

Signature:______________________________________________________________

Name (Please type or print):____________________________________________

_______________________________________________________________________

Title:__________________________________________________________________

Date:___________________________________________________________________

[59 FR 34122, July 1, 1994; 59 FR 49006, Sept. 26, 1994]