**SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN**

# 

**TABLE OF CONTENTS**

1\. PREVENTATIVE MEASURES [1](#preventative-measures)

1.1 TRAINING [1](#training)

1.2 EQUIPMENT INSPECTION/MAINTENANCE
[1](#equipment-inspectionmaintenance)

1.3 REFUELING [2](#refueling)

1.4 STORAGE [3](#storage)

1.5 PERSONNEL SUPPORT [3](#personnel-support)

2\. IMPACT MINIMIZATION MEASURES [3](#impact-minimization-measures)

3\. SUGGESTED EQUIPMENT LIST [6](#suggested-equipment-list)

3.1 TERRESTRIAL CONSTRUCTION [6](#terrestrial-construction)

3.1.1 Fuels and Lubricating Oil Storage
[7](#fuels-and-lubricating-oil-storage)

3.1.2 Routine Refueling and Maintenance
[7](#routine-refueling-and-maintenance)

3.1.3 Equipment Failure [7](#equipment-failure)

3.2 WATERBODY AND WETLAND CROSSINGS
[7](#waterbody-and-wetland-crossings)

**SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN**

######### 1. PREVENTATIVE MEASURES

The spill prevention and control methods listed in this section are
based on experience and several proven plans and have been successful in
the past. This plan is comprehensive and addresses actions used to
*prevent* spills in addition to specifying actions that will be taken
should any spills occur, including emergency notification procedures.
The Project\'s on-site Environmental Inspector(s) (EI(s)) is responsible
for ensuring that Contractors implement and maintain spill control
measures. The responsibilities of these inspectors are described in the
Federal Energy Regulatory Commission's ("FERC's") Erosion and Sediment
Control Plan, which has been incorporated into the Sparrows Point
Environmental Construction Plan.

########## 1.1 TRAINING

> The Contractor will instruct personnel on the operation and
> maintenance of equipment to prevent the accidental discharge or spill
> of fuel, oil, and lubricants. Personnel will also be made aware of the
> pollution control laws, rules, and regulations applicable to their
> work.
>
> Spill prevention briefings with the construction crew will be
> scheduled and conducted by the Contractor to ensure adequate
> understanding of spill prevention measures. These briefings will
> highlight:
>
> • precautionary measures to prevent spills;
>
> • sources of spills, such as equipment failure or malfunction;
>
> • standard operating procedures in case of a spill;
>
> • equipment, materials, and supplies available for clean-up of a
> spill; and
>
> • a list of known spill events.
>
> ***A spill is an un-permitted release of product, raw materials, or
> chemicals outside any secondary containment and into the environment.
> Spills can occur as a result of leaks, accidents, or third party
> incidents.***

########## 1.2 EQUIPMENT INSPECTION/MAINTENANCE

> The Contractor will inspect and maintain equipment that must be fueled
> and/or lubricated according to a strict schedule. The Contractor will
> submit to the Company for approval written documentation of the
> methods used and work performed.
>
> All containers, valves, pipelines, and hoses will be examined
> regularly to assess their general condition. The examination will
> identify any signs of deterioration that could cause a spill and signs
> of leaks, such as accumulated fluids. All leaks will be promptly
> corrected and/or repaired.

########## 1.3 REFUELING

> \(1\) The Contractor will ensure that equipment is refueled and
> lubricated within the ROW, compressor station yard, meter station
> site, or temporary workspace and at least 100 feet away from all
> waterbodies and wetlands with the following exceptions:
>
> • The EI finds, in advance, that no reasonable alternative is
> available and the Contractor and Company have taken appropriate steps
> (including secondary containment structures) to prevent spills and
> provide for prompt cleanup in the event of a spill;
>
> • Areas such as rugged terrain or steep slopes where movement of
> equipment to refueling stations would cause excessive disturbance to
> the ROW or workspace;
>
> • Areas where removing equipment from a wetland for servicing would
> increase adverse impacts to the wetland;
>
> • Sites where moving equipment to refueling stations from
> pre-fabricated equipment pads is impracticable or where there is a
> barrier from the waterbody/wetland (i.e., road or railroad);
>
> • Locations where the waterbody or wetland is located adjacent to a
> road crossing, compressor station yard, or meter station site (from
> which the equipment can be serviced); and
>
> • Refueling of immobile equipment including, but not limited to,
> bending and boring machines, air compressors, padding machines, and
> hydro-test fill pumps.
>
> In these areas, auxiliary fuel tanks will be used to reduce the
> frequency of refueling operations and in no case will refueling take
> place within 100 feet of any known potable water wells.
>
> \(2\) The Contractor will assure that all refueling is done pursuant
> to the following conditions:
>
> • Impact minimization measures and equipment will be sufficient to
> prevent discharged fluids from leaving the ROW, compressor station
> yard, meter station site, or workspace or reaching wetlands or
> waterbodies, and be readily available for use. These will include some
> combination of the following:
>
> a\. dikes, berms or retaining walls sufficiently impervious to contain
> spilled oil;
>
> b\. sorbent and barrier materials in quantities determined by the
> Contractor to be sufficient to capture the largest reasonably
> foreseeable spill;
>
> c\. drums or containers suitable for holding and transporting
> contaminated materials;
>
> d\. curbing;
>
> e\. culverts, gutters, or other drainage systems;
>
> f\. weirs, booms, or other barriers;
>
> g\. spill diversion or retention ponds; and
>
> h\. sumps and collection systems.
>
> • All spills will be cleaned up immediately. Containment equipment
> will not be used for storing contaminated material.
>
> \(3\) The Contractor will prepare for approval by the Company a list
> of the type, quantity, and the storage location of containment and
> clean up equipment to be used during construction.

########## 1.4 STORAGE

> Storage containment areas will not have drains, unless such drains
> lead to a containment area or vessel where the entire spill can be
> recovered.

########## 1.5 PERSONNEL SUPPORT

> Prior to construction, the ROW inspector or agent shall identify and
> prepare a written inventory of water wells within 150 feet of the
> construction site. The Construction ROW Agent will notify the
> authorities of all potable water supply intakes located within three
> miles downstream of any crossings a minimum of one week prior to
> construction.

######### 2. IMPACT MINIMIZATION MEASURES

Containment is the first priority in the case of a spill. A spill will
be contained on the Company\'s property, ROW, compressor station yard,
meter station site, or workspace, if possible. Clean up procedures will
begin immediately after a spill is contained. In no case will
containment equipment be used to store contaminated material.

Upon discovery, personnel will report any spill or release of the
following materials *regardless of location* (on-property or
off-property) to the EI for notification to the appropriate Company
representative as indicated below:

-   Oil or petroleum products;

-   Hazardous substances or hazardous wastes;

-   Chemicals;

-   Unplanned natural gas (flaring or venting); and,

-   Asbestos-containing materials.

The following contacts are currently assigned to the Project and are
subject to change (call in the order listed until someone is reached):

[Mid-Atlantic Express, LLC (Lockport, NY)]{.underline}

Project Manager: - To be completed prior to initiation of construction

Deputy Project Manager: - To be completed prior to initiation of
construction

[The AES Corporation Office (Lockport, NY)]{.underline}

General Dept. Number: - To be completed prior to initiation of
construction

Environmental Coordinator: - To be completed prior to initiation of
construction

Department Manager: - To be completed prior to initiation of
construction

Department Director: - To be completed prior to initiation of
construction

[Haley & Aldrich (Rochester, NY) / NEA (Buffalo, NY)]{.underline}

Project Manager: - To be completed prior to initiation of construction

Deputy Project Manager: - To be completed prior to initiation of
construction

If a spill enters a body of water, the Contractor will take samples
upstream and downstream from point of entry and refrigerate samples. If
advised, additional analysis will be completed and/or additional samples
will be gathered.

If the EI agrees and the Contractor determines that a spill is small
enough such that the construction crew can safely handle it, the crew
will use construction equipment to containerize all spilled material,
contaminated soil, and sorbent material in a manner consistent with the
spilled materials\' characterization.

If the EI agrees and the Contractor determines that a spill cannot be
adequately excavated and disposed of by the construction crew alone, the
Contractor will contact waste containment specialists. The Contractor
will ensure that all excavated wastes are transported to a Company
approved disposal facility licensed to accept such wastes. Wastes will
not be transported to a company facility (i.e., Compressor Station,
Meter Station Facility, etc.) unless the Field Environmental Coordinator
approves it in writing.

The Contractor will prepare a Construction Site Spill Report form to be
given to the Company that includes:

a\. the date, time and location of the occurrence or discovery of the
occurrence;

b\. a description or identity of the material spilled;

c\. an estimate of the quantity spilled;

d\. the circumstances that caused the spill (e.g., equipment failure);

e\. a list of waterbodies affected or potentially affected by the spill;

f\. a statement verifying whether a sheen is present;

g\. the size of the affected area;

h\. an estimate of the depth that the material has reached in water or
on soil;

i\. a determination of whether the spill will migrate off of the
Company\'s property or the ROW or workspace;

j\. a determination of whether the spill is under control;

k\. a statement verifying that clean-up has begun and a description of
the methods being used to clean up the spill;

l\. the names of the people observing the spill (with their
affiliations) and the extent of injuries, if any;

m\. the Field "Report of Spill" form.

The Company shall ensure that the Contractor\'s spill report is complete
and shall forward it to the Field Environmental Coordinator. The
Contractor shall follow the *"Contractor's Environmental Guidelines -
Waste Disposal and Spill Notification"* procedures regarding all
required regulatory notifications, subject to Company's prior approval,
and for obtaining any necessary state and local licenses, permits, or
other authorizations associated with the project, except as otherwise
provided in the scope of work. Contractor is responsible for knowing
what state and local environmental authorizations are necessary for the
specific job at hand. Any above-mentioned permits, clearances or
authorizations obtained by Contractor shall be furnished to Company.

The following releases require immediate (within 1 hour of discovery)
notification to the National Response Center ("NRC"):

> \(1\) Any petroleum product released into streams, rivers, lakes, or
> dry washes;
>
> \(2\) A release that exceeds the reportable quantity ("RQ") of any
> CERCLA hazardous substances in any 24-hour period which is not fully
> contained;
>
> \(3\) A release of a hazardous substance or hazardous waste which
> occurs during transportation; and,
>
> \(4\) A release of hazardous waste which contains a RQ of a hazardous
> substance.

• The National Response Center (1-800-424-8802) will be notified
immediately if spills occur above threshold levels (Clean Water Act, 40
CFR 110.10) into surface waters and/or wetlands.

######### 3. SUGGESTED EQUIPMENT LIST

Section 1.3 of this plan states that the Contractor will prepare a list
of the type, quantity, and location of storage or containment and clean
up equipment to be used on the construction site. The list will include
the procedures and impact minimization measures to be used in response
to a spill. The Contractor\'s choice of impact minimization measures and
equipment will be tailored to meet the characteristics of the affected
terrain as well as the types and amounts of material that could
potentially be spilled. The types of equipment that the Company expects
to use to control spills at terrestrial sites and wetlands are described
in the Federal Energy Regulatory Commission's ("FERC's") Erosion and
Sediment Control Plan, which has been incorporated into the Sparrows
Point Environmental Construction Plan.

########## 3.1 TERRESTRIAL CONSTRUCTION

> General equipment that the Contractor will use for spill containment
> and cleanup on terrestrial areas includes:
>
> • sorbents (pillows, socks, and wipe sheets) for containment and pick
> up of spilled liquids;
>
> • commercially available spill kits (or the functional equivalent
> thereof) that are prepackaged, self-contained spill kits containing a
> variety of sorbents for small to large spills;
>
> • structures such as gutters, culverts, and dikes for immediate spill
> containment;
>
> • shovels, backhoes, etc., for excavating contaminated materials;
>
> • sumps and collection systems; and,
>
> • drums, barrels, and temporary storage bags to clean up and transport
> contaminated materials.

########### [3.1.1 Fuels and Lubricating Oil Storage]{.underline}

> The Contractor will implement special measures to prevent spills in
> areas where trucks carrying fuel and where oil barrels are loaded.
> Containment equipment will be kept close to tanks and barrels to
> minimize spill response time, and will include absorbent pads or mats.
> The quantity and capabilities of the mats will be sufficient to
> capture the largest foreseeable spill, given ROW or workspace
> characteristics and crankcase and other fuel vessel capacities.

########### [3.1.2 Routine Refueling and Maintenance]{.underline}

> Absorbent pads and mats will be placed on the ground beneath equipment
> before refueling and maintenance. Equipment that will be stored on
> site for routine refueling and maintenance includes small sorbent kits
> (or their functional equivalent).

########### [3.1.3 Equipment Failure]{.underline}

> Kits with the capacity of absorbing up to five gallons of liquid can
> fit beneath the operator\'s seat on construction equipment for use in
> an equipment failure.

########## 3.2 WATERBODY AND WETLAND CROSSINGS

> For each wetland and waterbody crossed, the equipment listed below
> will be available in addition to that needed for terrestrial
> construction. This equipment will be stored close to the water or
> wetland to minimize response time, and will include:
>
> • oil containment booms and the related equipment needed for rapid
> deployment, and
>
> • equipment to remove oils from water, such as oleophilic and
> hydrophobic absorbent booms and mats, and/or mechanical skimmers.