[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 fis