## 22 40 CFR Ch. I (7–1–15 Edition) Pt. 112

in accordance with such procedures as the Secretary of Transportation mayprescribe. The procedures for such notice are set forth in U.S. Coast Guard regulations, 33 CFR part 153, subpart B
and in the National Oil and Hazardous Substances Pollution Contingency Plan, 40 CFR part 300, subpart E.

(Approved by the Office of Management and Budget under control number 2050–0046)

[52 FR 10719, Apr. 2, 1987. Redesignated and amended at 61 FR 7421, Feb. 28, 1996; 61 FR 14032, Mar. 29, 1996]



## PART 112—OIL POLLUTION PREVENTION

Subpart A—Applicability, Definitions, and General Requirements For All Facilities and All Types of Oils

Sec. 112.1 General applicability.

112.2 Definitions.112.3 Requirement to prepare and implement a Spill Prevention, Control, and
Countermeasure Plan.112.4 Amendment of Spill Prevention, Control, and Countermeasure Plan by Regional Administrator.112.5 Amendment of Spill Prevention, Control, and Countermeasure Plan by owners or operators. 112.6 Qualified Facility Plan Requirements.112.7 General requirements for Spill Prevention, Control, and Countermeasure
Plans.



### Subpart B—Requirements for Petroleum Oils and Non-Petroleum Oils, Except Animal Fats and Oils and Greases, and Fish and Marine Mammal Oils; and Vegetable Oils (Including Oils from Seeds, Nuts, Fruits, and Kernels)

112.8 Spill Prevention, Control, and Countermeasure Plan requirements for onshore facilities (excluding production facilities).112.9 Spill Prevention, Control, and Countermeasure Plan Requirements for onshore oil production facilities (excluding drilling and workover facilities).112.10 Spill Prevention, Control, and Countermeasure Plan requirements for onshore oil drilling and workover facilities.112.11 Spill Prevention, Control, and Countermeasure Plan requirements for offshore oil drilling, production, or
workover facilities.



### Subpart C—Requirements for Animal Fats and Oils and Greases, and Fish andMarine Mammal Oils; and for Vegetable Oils, Including Oils from Seeds, Nuts, Fruits and Kernels

112.12 Spill Prevention, Control, and Countermeasure Plan requirements. 112.13–112.15 [Reserved]



### Subpart D—Response Requirements

112.20 Facility response plans. 112.21 Facility response training and drills/
exercises.

A PPENDIX A TO P ART 112—M EMORANDUM OF U NDERSTANDING B ETWEEN THE S ECRETARY

OF T RANSPORTATION AND THE A DMINIS

TRATOR OF THE E NVIRONMENTAL P ROTEC

TION A GENCY A PPENDIX B TO P ART 112—M EMORANDUM OF U NDERSTANDING A MONG THE S ECRETARY

OF THE I NTERIOR , S ECRETARY OF T RANS

PORTATION

, AND A DMINISTRATOR OF THE E NVIRONMENTAL P ROTECTION A GENCY A PPENDIX C TO P ART 112—S UBSTANTIAL H ARM C RITERIA A PPENDIX D TO P ART 112—D ETERMINATION OF

A W ORST C ASE D ISCHARGE P LANNING V OL

UME A PPENDIX E TO P ART 112—D ETERMINATION

AND E VALUATION OF R EQUIRED R ESPONSE R ESOURCES FOR F ACILITY R ESPONSE P LANS A PPENDIX F TO P ART 112—F ACILITY -S PECIFIC R ESPONSE P LAN A PPENDIX G TO P ART 112—T IER I Q UALIFIED F ACILITY SPCC P LAN

A UTHORITY : 33 U.S.C. 1251 et seq.; 33 U.S.C. 2720; E.O. 12777 (October 18, 1991), 3 CFR, 1991 Comp., p. 351.

E FFECTIVE D ATE N OTE : At 80 FR 37108, June 29, 2015, the authority citation to part 112 was revised, effective Aug. 28, 2015. For the convenience of the user, the revised text is
set forth as follows:

A UTHORITY : 33 U.S.C. 1251 et seq.

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

E DITORIAL N OTE : Nomenclature changes to part 112 appear at 65 FR 40798, June 30, 2000.



## Subpart A—Applicability, Definitions, and General Requirements for All Facilities and All Types of Oils

S OURCE : 67 FR 47140, July 17, 2002, unless
otherwise noted.


## 23 Environmental Protection Agency § 112.1

§ 112.1 General applicability.

(a)(1) This part establishes procedures, methods, equipment, and other requirements 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,or into or upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or that may affect natural resources belonging to, appertaining to, or under the exclusive managementauthority of the United States (including resources under the Magnuson Fishery Conservation and Management Act).

(2) As used in this part, words in the singular also include the plural andwords in the masculine gender also include the feminine and vice versa, as the case may require.

(b) Except as provided in paragraph (d) of this section, this part applies toany owner or operator of a non-transportation-related onshore or offshore facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil and oil products, which due to its location, could reasonably be expected to discharge oil in quantities that may be harmful, as described in part 110 of this chapter, into or upon the navigable waters of the United States or adjoining shorelines, or into or upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Actof 1974, or that may affect natural resources belonging to, appertaining to,or under the exclusive management authority of the United States (including resources under the Magnuson Fishery Conservation and Management Act)
that has oil in:

(1) Any aboveground container;(2) Any completely buried tank as defined in §112.2;

(3) Any container that is used for standby storage, for seasonal storage,or for temporary storage, or not otherwise ‘‘permanently closed’’ as defined in §112.2;

(4) Any ‘‘bunkered tank’’ or ‘‘partially buried tank’’ as defined in §112.2, or any container in a vault, each of which is considered an aboveground storage container for purposes of this part.

(c) As provided in section 313 of the Clean Water Act (CWA), departments, agencies, and instrumentalities of the Federal government are subject to this part to the same extent as any person.

(d) Except as provided in paragraph (f) of this section, this part does not apply to:

(1) The owner or operator of any facility, equipment, or operation that is not subject to the jurisdiction of the Environmental Protection Agency (EPA) under section 311(j)(1)(C) of the CWA, as follows:

(i) Any onshore or offshore facility,that due to its location, could not reasonably be expected to have a discharge as described in paragraph (b) of this section. This determination must be based solely upon consideration of the geographical and location aspects of the facility (such as proximity tonavigable waters or adjoining shorelines, land contour, drainage, etc.) and
must exclude consideration of manmade features such as dikes, equipment or other structures, which may serveto restrain, hinder, contain, or otherwise prevent a discharge as described in paragraph (b) of this section.

(ii) Any equipment, or operation of avessel or transportation-related onshore or offshore facility which is subject to the authority and control of the U.S. Department of Transportation, as
defined in the Memorandum of Understanding between the Secretary of Transportation and the Administratorof EPA, dated November 24, 1971 (appendix A of this part).

(iii) Any equipment, or operation of a vessel or onshore or offshore facility which is subject to the authority and control of the U.S. Department of Transportation or the U.S. Departmentof the Interior, as defined in the Memorandum of Understanding between theSecretary of Transportation, the Secretary of the Interior, and the Administrator of EPA, dated November 8, 1993 (appendix B of this part).

(2) Any facility which, although otherwise subject to the jurisdiction ofEPA, meets both of the following requirements:


## 24 40 CFR Ch. I (7–1–15 Edition) § 112.1

(i) The completely buried storage capacity of the facility is 42,000 U.S. gallons or less of oil. For purposes of thisexemption, the completely buried storage capacity of a facility excludes the capacity of a completely buried tank,as defined in §112.2, and connected underground piping, underground ancillary equipment, and containment systems, that is currently subject to all of the technical requirements of part 280 of this chapter or all of the technicalrequirements of a State program approved under part 281 of this chapter, or the capacity of any underground oil storage tanks deferred under 40 CFR part 280 that supply emergency dieselgenerators at a nuclear power generation facility licensed by the Nuclear Regulatory Commission and subject to any Nuclear Regulatory Commission provision regarding design and quality criteria, including, but not limited to, 10 CFR part 50. The completely buriedstorage capacity of a facility also excludes the capacity of a container that is ‘‘permanently closed,’’ as defined in §112.2 and the capacity of intra-facilitygathering lines subject to the regulatory requirements of 49 CFR part 192 or 195.

(ii) The aggregate aboveground storage capacity of the facility is 1,320 U.S. gallons or less of oil. For the purposes of this exemption, only containers with a capacity of 55 U.S. gallons or greaterare counted. The aggregate aboveground storage capacity of a facility
excludes:

(A) The capacity of a container that is ‘‘permanently closed’’ as defined in §112.2;

(B) The capacity of a ‘‘motive power container’’ as defined in §112.2;

(C) The capacity of hot-mix asphalt or any hot-mix asphalt container;

(D) The capacity of a container forheating oil used solely at a single-family residence;

(E) The capacity of pesticide application equipment and related mix containers.

(F) The capacity of any milk and milk product container and associated piping and appurtenances.

(3) Any offshore oil drilling, production, or workover facility that is subject to the notices and regulations of the Minerals Management Service, as specified in the Memorandum of Understanding between the Secretary of Transportation, the Secretary of the Interior, and the Administrator of EPA, dated November 8, 1993 (appendix B of this part).

(4) Any completely buried storagetank, as defined in §112.2, and connected underground piping, underground ancillary equipment, and containment systems, at any facility, thatis subject to all of the technical requirements of part 280 of this chapter or a State program approved underpart 281 of this chapter, or any underground oil storage tanks including below-grade vaulted tanks, deferred under 40 CFR part 280, as originally promulgated, that supply emergency diesel generators at a nuclear powergeneration facility licensed by the Nuclear Regulatory Commission, providedthat such a tank is subject to any Nuclear Regulatory Commission provision regarding design and quality criteria, including, but not limited to, 10 CFR part 50. Such emergency generator tanks must be marked on the facility diagram as provided in §112.7(a)(3), if the facility is otherwise subject to this part.

(5) Any container with a storage capacity of less than 55 gallons of oil.

(6) Any facility or part thereof used exclusively for wastewater treatmentand not used to satisfy any requirement of this part. The production, recovery, or recycling of oil is not wastewater treatment for purposes of this paragraph.

(7) Any ‘‘motive power container,’’ as defined in §112.2. The transfer of fuel or other oil into a motive power container at an otherwise regulated facility is not eligible for this exemption.

(8) Hot-mix asphalt, or any hot-mix asphalt container.

(9) Any container for heating oil used solely at a single-family residence.

(10) Any pesticide application equipment or related mix containers.

(11) Intra-facility gathering lines subject to the regulatory requirements of 49 CFR part 192 or 195, except that such
a line’s location must be identified and marked as ‘‘exempt’’ on the facility diagram as provided in §112.7(a)(3), if the facility is otherwise subject to this part.


## 25 Environmental Protection Agency § 112.1

(12) Any milk and milk product container and associated piping and appurtenances.

(e) This part establishes requirements for the preparation and implementation of Spill Prevention, Control, and Countermeasure (SPCC) Plans.SPCC Plans are designed to complement existing laws, regulations,rules, standards, policies, and procedures pertaining to safety standards,fire prevention, and pollution prevention rules. The purpose of an SPCCPlan is to form a comprehensive Federal/State spill prevention programthat minimizes the potential for discharges. The SPCC Plan must address all relevant spill prevention, control, and countermeasures necessary at the specific facility. 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.

(f) Notwithstanding paragraph (d) ofthis section, the Regional Administrator may require that the owner or operator of any facility subject to the jurisdiction of EPA under section 311(j) of the CWA prepare and implement an SPCC Plan, or any applicable part, to carry out the purposes of the CWA.

(1) Following a preliminary determination, the Regional Administrator must provide a written notice to the owner or operator stating the reasons why he must prepare an SPCC Plan, orapplicable part. The Regional Administrator must send such notice to the owner or operator by certified mail or by personal delivery. If the owner or operator is a corporation, the Regional Administrator must also mail a copy of such notice to the registered agent, if any and if known, of the corporation in the State where the facility is located.

(2) Within 30 days of receipt of such written notice, the owner or operator may provide information and data and may consult with the Agency about theneed to prepare an SPCC Plan, or applicable part.

(3) Within 30 days following the time under paragraph (b)(2) of this section within which the owner or operator may provide information and data and consult with the Agency about theneed to prepare an SPCC Plan, or applicable part, the Regional Administrator must make a final determination regarding whether the owner or operator is required to prepare and implement an SPCC Plan, or applicable part. The Regional Administrator must send thefinal determination to the owner or operator by certified mail or by personal delivery. If the owner or operator is acorporation, the Regional Administrator must also mail a copy of the final determination to the registeredagent, if any and if known, of the corporation in the State where the facility
is located.

(4) If the Regional Administrator
makes a final determination that anSPCC Plan, or applicable part, is necessary, the owner or operator must prepare the Plan, or applicable part, within six months of that final determination and implement the Plan, or applicable part, as soon as possible, but not later than one year after the Regional
Administrator has made a final determination.

(5) The owner or operator may appeala final determination made by the Regional Administrator requiring preparation and implementation of an SPCC Plan, or applicable part, under this paragraph. The owner or operator must make the appeal to the Administrator of EPA within 30 days of receipt of the final determination under paragraph (b)(3) of this section from the Regional Administrator requiring preparation and/or implementation of an SPCC Plan, or applicable part. The owner or operator must send a complete copy ofthe appeal to the Regional Administrator at the time he makes the appeal to the Administrator. The appeal must
contain a clear and concise statement of the issues and points of fact in thecase. In the appeal, the owner or operator may also provide additional information. The additional informationmay be from any person. The Administrator may request additional information from the owner or operator. The
Administrator must render a decision within 60 days of receiving the appeal or additional information submitted by the owner or operator and must serve the owner or operator with the decision


## 26 40 CFR Ch. I (7–1–15 Edition) § 112.2

made in the appeal in the manner described in paragraph (f)(1) of this section.

[67 FR 47140, July 17, 2002, as amended at 71 FR 77290, Dec. 26, 2006; 73 FR 74300, Dec. 5, 2008; 74 FR 58809, Nov. 13, 2009; 76 FR 21660, Apr. 18, 2011]



### § 112.2 Definitions.

For the purposes of this part: Adverse weather means weather conditions that make it difficult for response equipment and personnel to clean up or remove spilled oil, and that must be considered when identifying response systems and equipment in aresponse plan for the applicable operating environment. Factors to consider include significant wave height as specified in appendix E to this part (asappropriate), ice conditions, temperatures, weather-related visibility, and
currents within the area in which the systems or equipment is intended to
function.

Alteration means any work on a container involving cutting, burning, welding, or heating operations that changes the physical dimensions or configuration of the container.

Animal fat means a non-petroleum oil, fat, or grease of animal, fish, or marine mammal origin.

Breakout tank means a container usedto relieve surges in an oil pipeline system or to receive and store oil transported by a pipeline for reinjection and continued transportation by pipeline.

Bulk storage container means any container used to store oil. These containers are used for purposes including, but not limited to, the storage of oil prior to use, while being used, or prior to further distribution in commerce.Oil-filled electrical, operating, or manufacturing equipment is not a bulk storage container.

Bunkered tank means a container constructed or placed in the ground by cutting the earth and re-covering the
container in a manner that breaks the surrounding natural grade, or that lies above grade, and is covered with earth,sand, gravel, asphalt, or other material. A bunkered tank is considered anaboveground storage container for purposes of this part.

Completely buried tank means any container completely below grade and covered with earth, sand, gravel, asphalt, or other material. Containers in vaults, bunkered tanks, or partially
buried tanks are considered aboveground storage containers for purposes of this part.

Complex means a facility possessing a combination of transportation-relatedand non-transportation-related components that is subject to the jurisdiction of more than one Federal agency under section 311(j) of the CWA.

Contiguous zone means the zone established by the United States under
Article 24 of the Convention of the Territorial Sea and Contiguous Zone, that is contiguous to the territorial sea and
that extends nine miles seaward from the outer limit of the territorial area.

Contract or other approved means

means:

(1) A written contractual agreement with an oil spill removal organization
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 facilityowner 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
that has identified and ensures adequate access through such membership to necessary personnel and equipmentto respond to a discharge within appropriate response times in the specified geographic area; and/or

(4) Any other specific arrangementapproved by the Regional Administrator upon request of the owner or operator.

Discharge includes, but is not limited to, any spilling, leaking, pumping,pouring, emitting, emptying, or dumping of oil, but excludes discharges incompliance with a permit under section 402 of the CWA; discharges resulting from circumstances identified, reviewed, and made a part of the public record with respect to a permit issued or modified under section 402 of the CWA, and subject to a condition insuch permit; or continuous or anticipated intermittent discharges from a


## 27 Environmental Protection Agency § 112.2

point source, identified in a permit or permit application under section 402 ofthe CWA, that are caused by events occurring within the scope of relevant operating or treatment systems. For purposes of this part, the term discharge shall not include any discharge of oil that is authorized by a permit issuedunder section 13 of the River and Harbor Act of 1899 (33 U.S.C. 407).

Facility means any mobile or fixed, onshore or offshore building, property, parcel, lease, structure, installation, equipment, pipe, or pipeline (other than a vessel or a public vessel) used inoil well drilling operations, oil production, oil refining, oil storage, oil gathering, oil processing, oil transfer, oil distribution, and oil waste treatment, or in which oil is used, as described inappendix A to this part. The boundaries of a facility depend on several site-specific factors, including but not limited to, the ownership or operation of buildings, structures, and equipment on the same site and types of activityat the site. Contiguous or non-contiguous buildings, properties, parcels, leases, structures, installations, pipes,or pipelines under the ownership or operation of the same person may be considered separate facilities. Only this definition governs whether a facility is subject to this part.

Farm means a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, $1,000 or more of agricultural products during a

year.

Fish and wildlife and sensitive environments means areas that may be identified by 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 forendangered or 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 archaeological 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 theviability of a natural resource resulting either directly or indirectly from exposure to a discharge, or exposure to a product of reactions resulting from a discharge.

Loading/unloading rack means a fixedstructure (such as a platform, gangway) necessary for loading or unloading a tank truck or tank car, which islocated at a facility subject to the requirements of this part. A loading/unloading rack includes a loading or unloading arm, and may include any combination of the following: piping assemblages, valves, pumps, shut-off devices, overfill sensors, or personnel safety devices.

Maximum extent practicable meanswithin 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 includes the planned capability to respond to aworst case discharge in adverse weather, as contained in a response plan that meets the requirements in §112.20 or ina specific plan approved by the Regional Administrator.

Mobile refueler means a bulk storage container onboard a vehicle or towed, that is designed or used solely to store and transport fuel for transfer into orfrom an aircraft, motor vehicle, locomotive, vessel, ground service equipment, or other oil storage container.

Motive power container means any onboard bulk storage container used primarily to power the movement of amotor vehicle, or ancillary onboard oilfilled operational equipment. An onboard bulk storage container which is
used to store or transfer oil for furtherdistribution is not a motive power container. The definition of motive power


## 28 40 CFR Ch. I (7–1–15 Edition) § 112.2

container does not include oil drilling or workover equipment, including rigs.

Navigable waters of the United States means ‘‘navigable waters’’ as defined insection 502(7) of the FWPCA, and includes:

(1) All navigable waters of the United States, as defined in judicial decisionsprior 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, andstreams 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.

Non-petroleum oil means oil of anykind that is not petroleum-based, including but not limited to: Fats, oils, and greases of animal, fish, or marinemammal origin; and vegetable oils, including oils from seeds, nuts, fruits, and kernels.

Offshore facility means any facility of any kind (other than a vessel or public vessel) located in, on, or under any of the navigable waters of the United States, and any facility of any kind that is subject to the jurisdiction of the United States and is located in, on, or under any other waters.

Oil means oil of any kind or in any form, including, but not limited to: fats, oils, or greases of animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse,
or oil mixed with wastes other than dredged spoil.

Oil-filled operational equipment means equipment that includes an oil storage container (or multiple containers) inwhich the oil is present solely to support the function of the apparatus orthe device. Oil-filled operational equipment is not considered a bulk storagecontainer, and does not include oilfilled manufacturing equipment (flowthrough process). Examples of oil-filled operational equipment include, but arenot limited to, hydraulic systems, lubricating systems ( e.g. , those for pumps, compressors and other rotating equipment, including pumpjack lubrication systems), gear boxes, machiningcoolant systems, heat transfer systems, transformers, circuit breakers, electrical switches, and other systemscontaining oil solely to enable the operation of the device.

Oil Spill Removal Organization meansan entity that provides oil spill response resources, and includes any forprofit or not-for-profit contractor, cooperative, or in-house response resources that have been established in ageographic 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.

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, theperson who owned or operated or maintained the facility immediately prior to such abandonment.

Partially buried tank means a storage container that is partially inserted orconstructed in the ground, but not entirely below grade, and not completelycovered with earth, sand, gravel, asphalt, or other material. A partially
buried tank is considered an aboveground storage container for purposes of this part.

Permanently closed means any container or facility for which:

(1) All liquid and sludge has been removed from each container and connecting line; and

(2) All connecting lines and piping
have been disconnected from the container and blanked off, all valves (except for ventilation valves) have been closed and locked, and conspicuoussigns have been posted on each container stating that it is a permanently closed container and noting the date of
closure.

Person includes an individual, firm,corporation, association, or partnership.

Petroleum oil means petroleum in any form, including but not limited to crude oil, fuel oil, mineral oil, sludge, oil refuse, and refined products.

Produced water container means a storage container at an oil production facility used to store the produced


## 29 Environmental Protection Agency § 112.2, Nt.

water after initial oil/water separation, and prior to reinjection, beneficialreuse, discharge, or transfer for disposal.

Production facility means all structures (including but not limited to wells, platforms, or storage facilities), piping (including but not limited to flowlines or intra-facility gathering lines), or equipment (including but notlimited to workover equipment, separation equipment, or auxiliary nontransportation-related equipment) used in the production, extraction, recovery, lifting, stabilization, separation or treating of oil (including condensate), or associated storage or measurement, and is located in an oil or gas field, at a facility. This definition governs whether such structures, piping, orequipment are subject to a specific section of this part.

Regional Administrator means the Regional Administrator of the Environmental Protection Agency, in and forthe Region in which the facility is located.

Repair means any work necessary to
maintain or restore a container to a condition suitable for safe operation, other than that necessary for ordinary, day-to-day maintenance to maintainthe functional integrity of the container and that does not weaken the
container.

Spill Prevention, Control, and Countermeasure Plan; SPCC Plan, or Plan means the document required by §112.3 thatdetails the equipment, workforce, procedures, and steps to prevent, control, and provide adequate countermeasures to a discharge.

Storage capacity of a container means the shell capacity of the container.

Transportation-related and non-transportation-related , as applied to an onshore or offshore facility, are defined in the Memorandum of Understandingbetween the Secretary of Transportation and the Administrator of the Environmental Protection Agency, dated November 24, 1971, (appendix A of this part).

United States means the States, theDistrict of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the U.S. Virgin Islands, and the Pacific Island Governments.

Vegetable oil means a non-petroleum oil or fat of vegetable origin, including
but not limited to oils and fats derivedfrom plant seeds, nuts, fruits, and kernels.

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.

Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typicallyadapted for life in saturated soil conditions. Wetlands generally include playa lakes, swamps, marshes, bogs, and similar areas such as sloughs, prairie potholes, wet meadows, prairie river overflows, mudflats, and natural ponds.

Worst case discharge for an onshore non-transportation-related facilitymeans the largest foreseeable discharge in adverse weather conditions as determined using the worksheets in appendix D to this part.

[67 FR 47140, July 17, 2002, as amended at 71 FR 77290, Dec. 26, 2006; 73 FR 71943, Nov. 26, 2008; 73 FR 74300, Dec. 5, 2008]

E FFECTIVE D ATE N OTE : At 80 FR 37108, June 29, 2015, §112.2 was amended by removing the definition of ‘‘wetlands’’ and revising the definition of ‘‘Navigable waters’’, effective Aug. 28, 2015. For the convenience of the user, the revised text is set forth as follows:

§ 112.2 Definitions.



### * * * * *

Navigable waters means waters of the United States, including the territorial seas.

(1) For purposes of the Clean Water Act, 33
U.S.C. 1251 et seq. and its implementing regulations, subject to the exclusions in paragraph (2) of this definition, the term ‘‘waters
of the United States’’ means:

(i) All waters which are currently used, were used in the past, or may be susceptibleto use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;

(ii) All interstate waters, including interstate wetlands;

(iii) The territorial seas; (iv) All impoundments of waters otherwise
identified as waters of the United States under this section;


## 30 40 CFR Ch. I (7–1–15 Edition) § 112.2, Nt.

(v) All tributaries, as defined in paragraph (3)(iii) of this definition, of waters identifiedin paragraphs (1)(i) through (iii) of this definition;

(vi) All waters adjacent to a water identified in paragraphs (1)(i) through (v) of this definition, including wetlands, ponds, lakes, oxbows, impoundments, and similar waters;

(vii) All waters in paragraphs (1)(vii)(A) through (E) of this definition where they are determined, on a case-specific basis, to have a significant nexus to a water identified inparagraphs (1)(i) through (iii) of this definition. The waters identified in each of paragraphs (1)(vii)(A) through (E) of this definition are similarly situated and shall be combined, for purposes of a significant nexus analysis, in the watershed that drains to the nearest water identified in paragraphs (1)(i)through (iii) of this definition. Waters identified in this paragraph shall not be combined with waters identified in paragraph(1)(vi) of this section when performing a significant nexus analysis. If waters identified in this paragraph are also an adjacent water under paragraph (1)(vi), they are an adjacent water and no case-specific significant nexus analysis is required.

(A) Prairie potholes. Prairie potholes are acomplex of glacially formed wetlands, usually occurring in depressions that lack permanent natural outlets, located in the upper
Midwest.

(B) Carolina bays and Delmarva bays.Carolina bays and Delmarva bays are ponded, depressional wetlands that occur along the Atlantic coastal plain.

(C) Pocosins. Pocosins are evergreen shruband tree dominated wetlands found predominantly along the Central Atlantic coastal plain.

(D) Western vernal pools. Western vernal pools are seasonal wetlands located in partsof California and associated with topographic depression, soils with poor drainage, mild, wet winters and hot, dry summers.

(E) Texas coastal prairie wetlands. Texascoastal prairie wetlands are freshwater wetlands that occur as a mosaic of depressions, ridges, intermound flats, and mima mound wetlands located along the Texas Gulf Coast.

(viii) All waters located within the 100-year floodplain of a water identified in paragraphs (1)(i) through (iii) of this definition and all waters located within 4,000 feet of the high tide line or ordinary high water mark of a water identified in paragraphs (1)(i) through(v) of this definition where they are determined on a case-specific basis to have a significant nexus to a water identified in paragraphs (1)(i) through (iii) of this definition. For waters determined to have a significant nexus, the entire water is a water of the United States if a portion is located within the 100-year floodplain of a water identifiedin paragraphs (1)(i) through (iii) of this definition or within 4,000 feet of the high tide line or ordinary high water mark. Watersidentified in this paragraph shall not be combined with waters identified in paragraph (1)(vi) of this definition when performing asignificant nexus analysis. If waters identified in this paragraph are also an adjacent water under paragraph (1)(vi), they are anadjacent water and no case-specific significant nexus analysis is required.

(2) The following are not ‘‘waters of the United States’’ even where they otherwise meet the terms of paragraphs (1)(iv) through (viii) of this definition.

(i) The following ditches: (A) Ditches with ephemeral flow that are not a relocated tributary or excavated in a tributary.

(B) Ditches with intermittent flow that are not a relocated tributary, excavated in a tributary, or drain wetlands.

(C) Ditches that do not flow, either directly or through another water, into a water identified in paragraphs (1)(i) through (iii) of this definition.

(ii) The following features: (A) Artificially irrigated areas that would revert to dry land should application of water to that area cease;

(B) Artificial, constructed lakes and ponds created in dry land such as farm and stockwatering ponds, irrigation ponds, settling basins, fields flooded for rice growing, log cleaning ponds, or cooling ponds;

(C) Artificial reflecting pools or swimming pools created in dry land;

(D) Small ornamental waters created in dry land;

(E) Water-filled depressions created in dryland incidental to mining or construction activity, including pits excavated for obtaining fill, sand, or gravel that fill with water;

(F) Erosional features, including gullies, rills, and other ephemeral features that donot meet the definition of tributary, nonwetland swales, and lawfully constructed grassed waterways; and

(G) Puddles. (iii) Groundwater, including groundwaterdrained through subsurface drainage systems.

(iv) Stormwater control features constructed to convey, treat, or store stormwater that are created in dry land.

(v) Wastewater recycling structures constructed in dry land; detention and retention basins built for wastewater recycling; groundwater recharge basins; percolation ponds built for wastewater recycling; and water distributary structures built for wastewater recycling.

(3) In this definition, the following terms apply:

(i) Adjacent. The term adjacent means bordering, contiguous, or neighboring a water identified in paragraphs (1)(i) through (v) of this definition, including waters separated by constructed dikes or barriers, natural


## 31 Environmental Protection Agency § 112.2, Nt.

river berms, beach dunes, and the like. For purposes of adjacency, an open water such as a pond or lake includes any wetlands within or abutting its ordinary high water mark. Adjacency is not limited to waters located laterally to a water identified in paragraphs (1)(i) through (v) of this definition. Adjacent
waters also include all waters that connect segments of a water identified in paragraphs (1)(i) through (v) or are located at the head of a water identified in paragraphs (1)(i)through (v) of this definition and are bordering, contiguous, or neighboring suchwater. Waters being used for established normal farming, ranching, and silviculture activities (33 U.S.C. 1344(f)) are not adjacent.

(ii) Neighboring. The term neighboring

means:

(A) All waters located within 100 feet of theordinary high water mark of a water identified in paragraphs (1)(i) through (v) of this definition. The entire water is neighboring ifa portion is located within 100 feet of the ordinary high water mark;

(B) All waters located within the 100-year floodplain of a water identified in paragraphs (1)(i) through (v) of this definition and not more than 1,500 feet from the ordinary high
water mark of such water. The entire water is neighboring if a portion is located within 1,500 feet of the ordinary high water mark and within the 100-year floodplain;

(C) All waters located within 1,500 feet of the high tide line of a water identified in paragraphs (1)(i) or (1)(iii) of this definition,and all waters within 1,500 feet of the ordinary high water mark of the Great Lakes. The entire water is neighboring if a portion is located within 1,500 feet of the high tide line or within 1,500 feet of the ordinary high
water mark of the Great Lakes.

(iii) Tributary and tributaries . The terms tributary and tributaries each mean a water that contributes flow, either directly orthrough another water (including an impoundment identified in paragraph (1)(iv) ofthis definition), to a water identified in paragraphs (1)(i) through (iii) of this definition that is characterized by the presence of the physical indicators of a bed and banks and an ordinary high water mark. These physicalindicators demonstrate there is volume, frequency, and duration of flow sufficient to create a bed and banks and an ordinary highwater mark, and thus to qualify as a tributary. A tributary can be a natural, man-altered, or man-made water and includes waters such as rivers, streams, canals, and ditches not excluded under paragraph (2) ofthis definition. A water that otherwise qualifies as a tributary under this definition does not lose its status as a tributary if, for any length, there are one or more constructed breaks (such as bridges, culverts, pipes, or dams), or one or more natural breaks (such as wetlands along the run of a stream, debris piles, boulder fields, or a stream that flows underground) so long as a bed and banks andan ordinary high water mark can be identified upstream of the break. A water that otherwise qualifies as a tributary under this definition does not lose its status as a tributary if it contributes flow through a water of the
United States that does not meet the definition of tributary or through a non-jurisdictional water to a water identified in paragraphs (1)(i) through (iii) of this definition.

(iv) Wetlands. The term wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

(v) Significant nexus. The term significant

nexus means that a water, including wetlands, either alone or in combination withother similarly situated waters in the region, significantly affects the chemical, physical, or biological integrity of a water identified in paragraphs (1)(i) through (iii) of this definition. The term ‘‘in the region’’
means the watershed that drains to the nearest water identified in paragraphs (1)(i) through (iii) of this definition. For an effectto be significant, it must be more than speculative or insubstantial. Waters are similarly situated when they function alike and are sufficiently close to function together in affecting downstream waters. For purposes of determining whether or not a water has asignificant nexus, the water’s effect on downstream (1)(i) through (iii) waters shall be assessed by evaluating the aquatic functions identified in paragraphs (3)(v)(A) through (I) of this definition. A water has a significantnexus when any single function or combination of functions performed by the water, alone or together with similarly situatedwaters in the region, contributes significantly to the chemical, physical, or biological integrity of the nearest water identifiedin paragraphs (1)(i) through (iii) of this section. Functions relevant to the significant nexus evaluation are the following:

(A) Sediment trapping, (B) Nutrient recycling,(C) Pollutant trapping, transformation, filtering, and transport,

(D) Retention and attenuation of flood waters,

(E) Runoff storage, (F) Contribution of flow, (G) Export of organic matter, (H) Export of food resources, and(I) Provision of life cycle dependent aquatic habitat (such as foraging, feeding, nesting, breeding, spawning, or use as a nursery area) for species located in a water identified inparagraphs (1)(i) through (iii) of this definition.


## 32 40 CFR Ch. I (7–1–15 Edition) § 112.3

(vi) Ordinary high water mark. The term ordinary high water mark means that line on the shore established by the fluctuations ofwater and indicated by physical characteristics such as a clear, natural line impressedon the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.

(vii) High tide line. The term high tide line
means the line of intersection of the land
with the water’s surface at the maximum height reached by a rising tide. The high tideline may be determined, in the absence of actual data, by a line of oil or scum alongshore objects, a more or less continuous deposit of fine shell or debris on the foreshoreor berm, other physical markings or characteristics, vegetation lines, tidal gages, orother suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other
intense storm.



### * * * * *

§ 112.3 Requirement to prepare andimplement a Spill Prevention, Control, and Countermeasure Plan.

The owner or operator or an onshoreor offshore facility subject to this section must prepare in writing and implement a Spill Prevention Control and Countermeasure Plan (hereafter ‘‘SPCC Plan’’ or ‘‘Plan’’),’’ in accordance with §112.7 and any other applicable section of this part.

(a)(1) Except as otherwise provided in this section, if your facility, or mobile or portable facility, was in operation on or before August 16, 2002, you must maintain your Plan, but must amend it, if necessary to ensure compliance with this part, and implement the
amended Plan no later than November10, 2011. If such a facility becomes operational after August 16, 2002, throughNovember 10, 2011, and could reasonably be expected to have a discharge as described in §112.1(b), you must prepareand implement a Plan on or before November 10, 2011. If such a facility (excluding oil production facilities) becomes operational after November 10, 2011, and could reasonably be expected to have a discharge as described in§112.1(b), you must prepare and implement a Plan before you begin operations. You are not required to preparea new Plan each time you move a mobile or portable facility to a new site; the Plan may be general. When you move the mobile or portable facility, you must locate and install it usingthe discharge prevention practices outlined in the Plan for the facility. ThePlan is applicable only while the mobile or portable facility is in a fixed (non-transportation) operating mode.

(2) If your drilling, production or workover facility, including a mobile or portable facility, is offshore or hasan offshore component; or your onshore facility is required to have andsubmit a Facility Response Plan pursuant to 40 CFR 112.20(a), and was in operation on or before August 16, 2002, you must maintain your Plan, but must amend it, if necessary to ensurecompliance with this part, and implement the amended Plan no later thanNovember 10, 2010. If such a facility becomes operational after August 16, 2002, through November 10, 2010, and could reasonably be expected to have a discharge as described in §112.1(b), you must prepare and implement a Plan on or before November 10, 2010. If such afacility (excluding oil production facilities) becomes operational after November 10, 2010, and could reasonablybe expected to have a discharge as described in §112.1(b), you must prepare and implement a Plan before you begin operations. You are not required to prepare a new Plan each time you move a mobile or portable facility to a new site; the Plan may be general. When you move the mobile or portable facility, you must locate and install itusing the discharge prevention practices outlined in the Plan for the facility. The Plan is applicable only while the mobile or portable facility is in a fixed (non-transportation) operating
mode.

(3) If your farm, as defined in §112.2, was in operation on or before August 16, 2002, you must maintain your Plan,but must amend it, if necessary to ensure compliance with this part, and implement the amended Plan on or before May 10, 2013. If your farm becomes operational after August 16, 2002,


## 33 Environmental Protection Agency § 112.3

through May 10, 2013, and could reasonably be expected to have a discharge as described in §112.1(b), you must prepare and implement a Plan on or before May10, 2013. If your farm becomes operational after May 10, 2013, and couldreasonably be expected to have a discharge as described in §112.1(b), youmust prepare and implement a Plan before you begin operations.

(b) If your oil production facility as described in paragraph (a)(1) of thissection becomes operational after November 10, 2011, or as described in paragraph (a)(2) of this section becomes operational after November 10, 2010, and could reasonably be expected to have a discharge as described in§112.1(b), you must prepare and implement a Plan within six months after you begin operations.

(c) [Reserved](d) Except as provided in §112.6, a licensed Professional Engineer must review and certify a Plan for it to be effective to satisfy the requirements of this part.

(1) By means of this certification the Professional Engineer attests:

(i) That he is familiar with the requirements of this part ;

(ii) That he or his agent has visited and examined the facility;

(iii) That the Plan has been prepared in accordance with good engineeringpractice, including consideration of applicable industry standards, and with the requirements of this part;

(iv) That procedures for required inspections and testing have been established; and

(v) That the Plan is adequate for the facility.

(vi) That, if applicable, for a produced water container subject to §112.9(c)(6), any procedure to minimizethe amount of free-phase oil is designed to reduce the accumulation of free-phase oil and the procedures and frequency for required inspections,maintenance and testing have been established and are described in the Plan.

(2) Such certification shall in no wayrelieve the owner or operator of a facility of his duty to prepare and fully implement such Plan in accordance with the requirements of this part. (e) If you are the owner or operatorof a facility for which a Plan is required under this section, you must:

(1) Maintain a complete copy of the Plan at the facility if the facility is normally attended at least four hours per day, or at the nearest field office if the facility is not so attended, and

(2) Have the Plan available to the Regional Administrator for on-site review during normal working hours.

(f) Extension of time. (1) The RegionalAdministrator may authorize an extension of time for the preparation and full implementation of a Plan, or any amendment thereto, beyond the timepermitted for the preparation, implementation, or amendment of a Plan under this part, when he finds that the owner or operator of a facility subject to this section, cannot fully complywith the requirements 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 his agents or employees.

(2) If you are an owner or operator seeking an extension of time under paragraph (f)(1) of this section, youmay submit a written extension request to the Regional Administrator. Your request must include:

(i) A full explanation of the cause for any such delay and the specific aspects of the Plan affected by the delay;

(ii) A full discussion of actions being taken or contemplated to minimize or mitigate such delay; and

(iii) A proposed time schedule for theimplementation of any corrective actions being taken or contemplated, including interim dates for completion oftests or studies, installation and operation of any necessary equipment, or other preventive measures. In addition you may present additional oral or written statements in support of your extension request.

(3) The submission of a written extension request under paragraph (f)(2) of this section does not relieve you ofyour obligation to comply with the requirements of this part. The Regional Administrator may request a copy ofyour Plan to evaluate the extension request. When the Regional Administrator authorizes an extension of time


## 34 40 CFR Ch. I (7–1–15 Edition) § 112.4

for particular equipment or other specific aspects of the Plan, such extension does not affect your obligation to comply with the requirements relatedto other equipment or other specific aspects of the Plan for which the Regional Administrator has not expressly authorized an extension.

(g) Qualified Facilities. The owner oroperator of a qualified facility as defined in this subparagraph may selfcertify his facility’s Plan, as provided in §112.6. A qualified facility is one that meets the following Tier I or Tier II qualified facility criteria:

(1) A Tier I qualified facility meets the qualification criteria in paragraph(g)(2) of this section and has no individual aboveground oil storage container with a capacity greater than 5,000 U.S. gallons.

(2) A Tier II qualified facility is onethat has had no single discharge as described in §112.1(b) exceeding 1,000 U.S.gallons or no two discharges as described in §112.1(b) each exceeding 42 U.S. gallons within any twelve month period in the three years prior to the SPCC Plan self-certification date, or since becoming subject to this part if the facility has been in operation forless than three years (other than discharges as described in §112.1(b) that are the result of natural disasters, actsof war, or terrorism), and has an aggregate aboveground oil storage capacity of 10,000 U.S. gallons or less.

[67 FR 47140, July 17, 2002, as amended at 68 FR 1351, Jan. 9, 2003; 68 FR 18894, Apr. 17, 2003; 69 FR 48798, Aug. 11, 2004; 71 FR 8466, Feb. 17, 2006; 71 FR 77290, Dec. 26, 2006; 72 FR 27447, May 16, 2007; 73 FR 74301, Dec. 5, 2008, 74 FR 29141, June 19, 2009; 74 FR 58809, Nov. 13, 2009; 75 FR 63102, Oct. 14, 2010; 76 FR 21660, Apr. 18, 2011; 76 FR 64248, Oct. 18, 2011; 76 FR 72124, Nov. 22, 2011]



### § 112.4 Amendment of Spill Prevention, Control, and Countermeasure Plan by Regional Administrator.

If you are the owner or operator of a facility subject to this part, you must:

(a) Notwithstanding compliance with§112.3, whenever your facility has discharged more than 1,000 U.S. gallons of oil in a single discharge as described in §112.1(b), or discharged more than 42U.S. gallons of oil in each of two discharges as described in §112.1(b), occurring within any twelve month period, submit the following information to the Regional Administrator within 60days from the time the facility becomes subject to this section:

(1) Name of the facility; (2) Your name; (3) Location of the facility;(4) Maximum storage or handling capacity of the facility and normal daily throughput;

(5) Corrective action and countermeasures you have taken, including a description of equipment repairs and replacements;

(6) An adequate description of the facility, including maps, flow diagrams, and topographical maps, as necessary;

(7) The cause of such discharge as described in §112.1(b), including a failure analysis of the system or subsystem in which the failure occurred;

(8) Additional preventive measures you have taken or contemplated to minimize the possibility of recurrence;
and

(9) Such other information as the Regional Administrator may reasonablyrequire pertinent to the Plan or discharge.

(b) Take no action under this section until it applies to your facility. Thissection does not apply until the expiration of the time permitted for the initial preparation and implementation of the Plan under §112.3, but not including any amendments to the Plan.

(c) Send to the appropriate agency oragencies in charge of oil pollution control activities in the State in which the facility is located a complete copy ofall information you provided to the Regional Administrator under paragraph (a) of this section. Upon receipt of theinformation such State agency or agencies may conduct a review and makerecommendations to the Regional Administrator as to further procedures,methods, equipment, and other requirements necessary to prevent and to contain discharges from your facility.

(d) Amend your Plan, if after review by the Regional Administrator of theinformation you submit under paragraph (a) of this section, or submission of information to EPA by the Stateagency under paragraph (c) of this section, or after on-site review of yourPlan, the Regional Administrator requires that you do so. The Regional


## 35 Environmental Protection Agency § 112.5

Administrator may require you to amend your Plan if he finds that it does not meet the requirements of this part or that amendment is necessary to prevent and contain discharges from your facility.

(e) Act in accordance with this paragraph when the Regional Administrator proposes by certified mail or by personal delivery that you amend your SPCC Plan. If the owner or operator is a corporation, he must also notify bymail the registered agent of such corporation, if any and if known, in the State in which the facility is located. The Regional Administrator must specify the terms of such proposedamendment. Within 30 days from receipt of such notice, you may submitwritten information, views, and arguments on the proposed amendment. After considering all relevant material presented, the Regional Administratormust either notify you of any amendment required or rescind the notice. You must amend your Plan as required within 30 days after such notice, unless the Regional Administrator, for good cause, specifies another effective date. You must implement the amended Plan as soon as possible, but not later than six months after you amend your Plan, unless the Regional Administrator specifies another date.

(f) If you appeal a decision made by the Regional Administrator requiring an amendment to an SPCC Plan, send the appeal to the EPA Administrator in writing within 30 days of receipt ofthe notice from the Regional Administrator requiring the amendment under paragraph (e) of this section. You must send a complete copy of the appeal to the Regional Administrator at the time you make the appeal. The appeal
must contain a clear and concise statement of the issues and points of fact inthe case. It may also contain additional information from you, or fromany other person. The EPA Administrator may request additional information from you, or from any other person. The EPA Administrator mustrender a decision within 60 days of receiving the appeal and must notify you
of his decision. § 112.5 Amendment of Spill Prevention, Control, and Countermeasure Plan by owners or operators.

If you are the owner or operator of a facility subject to this part, you must:

(a) Amend the SPCC Plan for your facility in accordance with the general requirements in §112.7, and with any specific section of this part applicable to your facility, when there is a changein the facility design, construction, operation, or maintenance that materially affects its potential for a discharge as described in §112.1(b). Examples of changes that may require amendment of the Plan include, but are not limited to: commissioning ordecommissioning containers; replacement, reconstruction, or movement ofcontainers; reconstruction, replacement, or installation of piping systems; construction or demolition that mightalter secondary containment structures; changes of product or service; orrevision of standard operation or maintenance procedures at a facility. An
amendment made under this section must be prepared within six months, and implemented as soon as possible, but not later than six months following preparation of the amendment.

(b) Notwithstanding compliance with paragraph (a) of this section, complete a review and evaluation of the SPCC Plan at least once every five years from the date your facility becomes subject to this part; or, if your facility was in operation on or before August 16, 2002, five years from the date your last review was required under this part. As a result of this review and evaluation, you must amend yourSPCC Plan within six months of the review to include more effective prevention and control technology if the technology has been field-proven at thetime of the review and will significantly reduce the likelihood of a discharge as described in §112.1(b) from the facility. You must implement any amendment as soon as possible, but notlater than six months following preparation of any amendment. You mustdocument your completion of the review and evaluation, and must sign a statement as to whether you willamend the Plan, either at the beginning or end of the Plan or in a log or an appendix to the Plan. The following


## 36 40 CFR Ch. I (7–1–15 Edition) § 112.6

words will suffice, ‘‘I have completed review and evaluation of the SPCC Plan for (name of facility) on (date), and will (will not) amend the Plan as a
result.’’

(c) Except as provided in §112.6, have a Professional Engineer certify any technical amendments to your Plan in accordance with §112.3(d).

[67 FR 47140, July 17, 2002, as amended at 71 FR 77291, Dec. 26, 2006; 73 FR 74301, Dec. 5, 2008; 74 FR 58809, Nov. 13, 2009]



### § 112.6 Qualified Facilities Plan Requirements.
Qualified facilities meeting the Tier I applicability criteria in §112.3(g)(1) aresubject to the requirements in paragraph (a) of this section. Qualified facilities meeting the Tier II applicability criteria in §112.3(g)(2) are subject to the requirements in paragraph (b) of this section.

(a) Tier I Qualified Facilities —(1) Preparation and Self-Certification of the Plan.If you are an owner or operator of a facility that meets the Tier I qualified facility criteria in §112.3(g)(1), youmust either: comply with the requirements of paragraph (a)(3) of this section; or prepare and implement a Plan meeting requirements of paragraph (b)of this section; or prepare and implement a Plan meeting the general Plan requirements in §112.7 and applicablerequirements in subparts B and C, including having the Plan certified by a Professional Engineer as required under §112.3(d). If you do not follow the appendix G template, you must prepare an equivalent Plan that meets all of the applicable requirements listed in this part, and you must supplement itwith a section cross-referencing the location of requirements listed in this part and the equivalent requirementsin the other prevention plan. To complete the template in appendix G, you must certify that:

(i) You are familiar with the applicable requirements of 40 CFR part 112;

(ii) You have visited and examined the facility;

(iii) You prepared the Plan in accordance with accepted and sound industry practices and standards;

(iv) You have established procedures for required inspections and testing in accordance with industry inspection and testing standards or recommended practices;

(v) You will fully implement the Plan;

(vi) The facility meets the qualification criteria in §112.3(g)(1);

(vii) The Plan does not deviate from any requirement of this part as allowed by §112.7(a)(2) and 112.7(d) or include measures pursuant to §112.9(c)(6) forproduced water containers and any associated piping; and

(viii) The Plan and individual(s) responsible for implementing this Plan have the approval of management, andthe facility owner or operator has committed the necessary resources to fully implement this Plan.

(2) Technical Amendments. You must certify any technical amendments toyour Plan in accordance with paragraph (a)(1) of this section when thereis a change in the facility design, construction, operation, or maintenancethat affects its potential for a discharge as described in §112.1(b). If the facility change results in the facility no longer meeting the Tier I qualifyingcriteria in §112.3(g)(1) because an individual oil storage container capacityexceeds 5,000 U.S. gallons or the facility capacity exceeds 10,000 U.S. gallonsin aggregate aboveground storage capacity, within six months following preparation of the amendment, you
must either:

(i) Prepare and implement a Plan in accordance with §112.6(b) if you meet the Tier II qualified facility criteria in §112.3(g)(2); or

(ii) Prepare and implement a Plan inaccordance with the general Plan requirements in §112.7, and applicable requirements in subparts B and C, including having the Plan certified by a Professional Engineer as required under §112.3(d).

(3) Plan Template and Applicable Requirements. Prepare and implement anSPCC Plan that meets the following requirements under §112.7 and in subparts B and C of this part: introductory paragraph of §§112.7, 112.7(a)(3)(i), 112.7(a)(3)(iv), 112.7(a)(3)(vi), 112.7(a)(4), 112.7(a)(5), 112.7(c), 112.7(e), 112.7(f), 112.7(g), 112.7(k), 112.8(b)(1), 112.8(b)(2), 112.8(c)(1), 112.8(c)(3), 112.8(c)(4), 112.8(c)(5), 112.8(c)(6), 112.8(c)(10), 112.8(d)(4), 112.9(b), 112.9(c)(1),


## 37 Environmental Protection Agency § 112.6

112.9(c)(2), 112.9(c)(3), 112.9(c)(4), 112.9(c)(5), 112.9(d)(1), 112.9(d)(3), 112.9(d)(4), 112.10(b), 112.10(c), 112.10(d), 112.12(b)(1), 112.12(b)(2), 112.12(c)(1), 112.12(c)(3), 112.12(c)(4), 112.12(c)(5), 112.12(c)(6), 112.12(c)(10), and 112.12(d)(4). The template in appendix G to thispart has been developed to meet the requirements of 40 CFR part 112 and, when completed and signed by the owner or operator, may be used as the SPCC Plan. Additionally, you must meet the following requirements:

(i) Failure analysis, in lieu of the requirements in §112.7(b). Where experience indicates a reasonable potential for equipment failure (such as loading or unloading equipment, tank overflow, rupture, or leakage, or any otherequipment known to be a source of discharge), include in your Plan a prediction of the direction and total quantity of oil which could be discharged from the facility as a result of each type of major equipment failure.

(ii) Bulk storage container secondary containment, in lieu of the requirements in §§112.8(c)(2) and (c)(11) and 112.12(c)(2) and (c)(11). Construct all bulk storage container installations(except mobile refuelers and other nontransportation-related tank trucks),including mobile or portable oil storage containers, so that you provide a secondary means of containment for the entire capacity of the largest single container plus additional capacity tocontain precipitation. Dikes, containment curbs, and pits are commonly employed for this purpose. You may also use an alternative system consisting of a drainage trench enclosure that must be arranged so that any discharge will terminate and be safely confined in acatchment basin or holding pond. Position or locate mobile or portable oilstorage containers to prevent a discharge as described in §112.1(b).

(iii) Overfill prevention, in lieu of the requirements in §§112.8(c)(8) and 112.12(c)(8). Ensure that each containeris provided with a system or documented procedure to prevent overfills of the container, describe the systemor procedure in the SPCC Plan and regularly test to ensure proper operation or efficacy.

(b) Tier II Qualified Facilities —(1) Preparation and Self-Certification of Plan. If you are the owner or operator of a facility that meets the Tier II qualified facility criteria in §112.3(g)(2), you may choose to self-certify your Plan. You must certify in the Plan
that:

(i) You are familiar with the requirements of this part;

(ii) You have visited and examined the facility;

(iii) The Plan has been prepared inaccordance with accepted and sound industry practices and standards, and with the requirements of this part;

(iv) Procedures for required inspections and testing have been established;

(v) You will fully implement the Plan;

(vi) The facility meets the qualification criteria set forth under §112.3(g)(2);

(vii) The Plan does not deviate from any requirement of this part as allowed by §112.7(a)(2) and 112.7(d) or include measures pursuant to §112.9(c)(6) forproduced water containers and any associated piping, except as provided in paragraph (b)(3) of this section; and

(viii) The Plan and individual(s) responsible for implementing the Plan have the full approval of management and the facility owner or operator has committed the necessary resources to fully implement the Plan.

(2) Technical Amendments. If you selfcertify your Plan pursuant to paragraph (b)(1) of this section, you must certify any technical amendments toyour Plan in accordance with paragraph (b)(1) of this section when thereis a change in the facility design, construction, operation, or maintenancethat affects its potential for a discharge as described in §112.1(b), except:

(i) If a Professional Engineer certified a portion of your Plan in accordance with paragraph (b)(4) of this section, and the technical amendment affects this portion of the Plan, you must have the amended provisions of yourPlan certified by a Professional Engineer in accordance with paragraph (b)(4)(ii) of this section.

(ii) If the change is such that the facility no longer meets the Tier II qualifying criteria in §112.3(g)(2) because it exceeds 10,000 U.S. gallons in aggregate aboveground storage capacity you


## 38 40 CFR Ch. I (7–1–15 Edition) § 112.7

must, within six months following the change, prepare and implement a Planin accordance with the general Plan requirements in §112.7 and the applicable requirements in subparts B and C of this part, including having the Plan certified by a Professional Engineer as required under §112.3(d).

(3) Applicable Requirements. Except asprovided in this paragraph, your selfcertified SPCC Plan must comply with §112.7 and the applicable requirements in subparts B and C of this part:

(i) Environmental Equivalence. YourPlan may not include alternate methods which provide environmental equivalence pursuant to §112.7(a)(2),
unless each alternate method has been reviewed and certified in writing by a Professional Engineer, as provided in paragraph (b)(4) of this section.

(ii) Impracticability. Your Plan may not include any determinations thatsecondary containment is impracticable and provisions in lieu of secondary containment pursuant to§112.7(d), unless each such determination and alternate measure has been reviewed and certified in writing by a Professional Engineer, as provided in paragraph (b)(4) of this section.

(iii) Produced Water Containers. Your Plan may not include any alternative procedures for skimming produced
water containers in lieu of sized secondary containment pursuant to§112.9(c)(6), unless they have been reviewed and certified in writing by a Professional Engineer, as provided in paragraph (b)(4) of this section.

(4) Professional Engineer Certificationof Portions of a Qualified Facility’s SelfCertified Plan.

(i) As described in paragraph (b)(3) ofthis section, the facility owner or operator may not self-certify alternative measures allowed under §112.7(a)(2) or (d), that are included in the facility’s Plan. Such measures must be reviewed and certified, in writing, by a licensedProfessional Engineer. For each alternative measure allowed under§112.7(a)(2), the Plan must be accompanied by a written statement by a Professional Engineer that states the
reason for nonconformance and describes the alternative method and how it provides equivalent environmental protection in accordance with §112.7(a)(2). For each determination ofimpracticability of secondary containment pursuant to §112.7(d), the Plan must clearly explain why secondarycontainment measures are not practicable at this facility and provide the alternative measures required in§112.7(d) in lieu of secondary containment. By certifying each measure allowed under §112.7(a)(2) and (d), the Professional Engineer attests:

(A) That he is familiar with the requirements of this part;

(B) That he or his agent has visited and examined the facility; and

(C) That the alternative method ofenvironmental equivalence in accordance with §112.7(a)(2) or the determination of impracticability and alternative measures in accordance with§112.7(d) is consistent with good engineering practice, including consideration of applicable industry standards, and with the requirements of this part.

(ii) As described in paragraph (b)(3) ofthis section, the facility owner or operator may not self-certify measures as described in §112.9(c)(6) for produced water containers and any associatedpiping. Such measures must be reviewed and certified, in writing, by a licensed Professional Engineer, in accordance with §112.3(d)(1)(vi).

(iii) The review and certification by the Professional Engineer under this paragraph is limited to the alternativemethod which achieves equivalent environmental protection pursuant to§112.7(a)(2); to the impracticability determination and measures in lieu of secondary containment pursuant to §112.7(d); or the measures pursuant to§112.9(c)(6) for produced water containers and any associated piping and appurtenances downstream from the
container.

[73 FR 74302, Dec. 5, 2008, as amended at 74 FR 58810, Nov. 13, 2009]



### § 112.7 General requirements for SpillPrevention, Control, and Countermeasure Plans.

If you are the owner or operator of a facility subject to this part you must prepare a Plan in accordance with good engineering practices. The Plan must have the full approval of management at a level of authority to commit the necessary resources to fully implement


## 39 Environmental Protection Agency § 112.7

the Plan. You must prepare the Plan inwriting. If you do not follow the sequence specified in this section for the Plan, you must prepare an equivalentPlan acceptable to the Regional Administrator that meets all of the applicable requirements listed in this part,and you must supplement it with a section cross-referencing the location of requirements listed in this part and the equivalent requirements in the other prevention plan. If the Plan calls for additional facilities or procedures, methods, or equipment not yet fully operational, you must discuss these items in separate paragraphs, and mustexplain separately the details of installation and operational start-up. As detailed elsewhere in this section, you
must also:

(a)(1) Include a discussion of your facility’s conformance with the requirements listed in this part.

(2) Comply with all applicable requirements listed in this part. Except as provided in §112.6, your Plan maydeviate from the requirements in paragraphs (g), (h)(2) and (3), and (i) of thissection and the requirements in subparts B and C of this part, except the secondary containment requirementsin paragraphs (c) and (h)(1) of this section, and §§112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.9(d)(3), 112.10(c),112.12(c)(2), and 112.12(c)(11), where applicable to a specific facility, if youprovide equivalent environmental protection by some other means of spillprevention, control, or countermeasure. Where your Plan does not conform to the applicable requirements in paragraphs (g), (h)(2) and (3), and (i) of this section, or the requirements of subparts B and C of this part, exceptthe secondary containment requirements in paragraph (c) and (h)(1) of this section, and §§112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.10(c), 112.12(c)(2), and 112.12(c)(11), you must
state the reasons for nonconformancein your Plan and describe in detail alternate methods and how you willachieve equivalent environmental protection. If the Regional Administrator
determines that the measures described in your Plan do not provide equivalent environmental protection, he may require that you amend your Plan, following the procedures in §112.4(d) and (e).

(3) Describe in your Plan the physicallayout of the facility and include a facility diagram, which must mark the
location and contents of each fixed oil storage container and the storage area where mobile or portable containers are located. The facility diagram must identify the location of and mark as ‘‘exempt’’ underground tanks that areotherwise exempted from the requirements of this part under §112.1(d)(4). The facility diagram must also include all transfer stations and connectingpipes, including intra-facility gathering lines that are otherwise exempted from the requirements of this partunder §112.1(d)(11). You must also address in your Plan:

(i) The type of oil in each fixed container and its storage capacity. For mobile or portable containers, eitherprovide the type of oil and storage capacity for each container or provide an estimate of the potential number of mobile or portable containers, thetypes of oil, and anticipated storage capacities;

(ii) Discharge prevention measuresincluding procedures for routine handling of products (loading, unloading, and facility transfers, etc.);

(iii) Discharge or drainage controls such as secondary containment aroundcontainers and other structures, equipment, and procedures for the control of a discharge;

(iv) Countermeasures for discharge discovery, response, and cleanup (both the facility’s capability and those that might be required of a contractor);

(v) Methods of disposal of recoveredmaterials in accordance with applicable legal requirements; and

(vi) Contact list and phone numbers for the facility response coordinator,National Response Center, cleanup contractors with whom you have an agreement for response, and all appropriate Federal, State, and local agencies who
must be contacted in case of a discharge as described in §112.1(b).

(4) Unless you have submitted a response plan under §112.20, provide information and procedures in your Planto enable a person reporting a discharge as described in §112.1(b) to relate information on the exact address


## 40 40 CFR Ch. I (7–1–15 Edition) § 112.7

or location and phone number of the facility; the date and time of the discharge, the type of material discharged; estimates of the total quantity discharged; estimates of the quantity discharged as described in §112.1(b); the source of the discharge; a description of all affected media; the cause of the discharge; any damages orinjuries caused by the discharge; actions being used to stop, remove, and mitigate the effects of the discharge; whether an evacuation may be needed;and, the names of individuals and/or organizations who have also been contacted.

(5) Unless you have submitted a response plan under §112.20, organize portions of the Plan describing procedures you will use when a discharge occurs ina way that will make them readily usable in an emergency, and include appropriate supporting material as appendices.

(b) Where experience indicates a reasonable potential for equipment failure(such as loading or unloading equipment, tank overflow, rupture, or leakage, or any other equipment known to be a source of a discharge), include in your Plan a prediction of the direction, rate of flow, and total quantity of oilwhich could be discharged from the facility as a result of each type of major equipment failure.

(c) Provide appropriate containment and/or diversionary structures or equipment to prevent a discharge asdescribed in §112.1(b), except as provided in paragraph (k) of this section for qualified oil-filled operational equipment, and except as provided in§112.9(d)(3) for flowlines and intra-facility gathering lines at an oil productionfacility. The entire containment system, including walls and floor, must be capable of containing oil and must be constructed so that any discharge from a primary containment system, such asa tank, will not escape the containment system before cleanup occurs. In determining the method, design, and capacity for secondary containment, you need only to address the typicalfailure mode, and the most likely quantity of oil that would be discharged. Secondary containment may be eitheractive or passive in design. At a minimum, you must use one of the following prevention systems or its equivalent:

(1) For onshore facilities: (i) Dikes, berms, or retaining walls sufficiently impervious to contain oil;

(ii) Curbing or drip pans; (iii) Sumps and collection systems; (iv) Culverting, gutters, or other drainage systems;

(v) Weirs, booms, or other barriers; (vi) Spill diversion ponds; (vii) Retention ponds; or (viii) Sorbent materials. (2) For offshore facilities: (i) Curbing or drip pans; or (ii) Sumps and collection systems. (d) Provided your Plan is certified by a licensed Professional Engineer under §112.3(d), or, in the case of a qualified facility that meets the criteria in §112.3(g), the relevant sections of yourPlan are certified by a licensed Professional Engineer under §112.6(d), if you determine that the installation of anyof the structures or pieces of equipment listed in paragraphs (c) and (h)(1) of this section, and §§112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.10(c), 112.12(c)(2), and 112.12(c)(11) to prevent a discharge as described in §112.1(b) from any onshore or offshore facility isnot practicable, you must clearly explain in your Plan why such measures are not practicable; for bulk storagecontainers, conduct both periodic integrity testing of the containers and periodic integrity and leak testing of the valves and piping; and, unless you have submitted a response plan under§112.20, provide in your Plan the following:

(1) An oil spill contingency plan following the provisions of part 109 of this chapter.

(2) A written commitment of manpower, equipment, and materials required to expeditiously control and remove any quantity of oil discharged that may be harmful.

(e) Inspections, tests, and records. Conduct inspections and tests required by this part in accordance with written procedures that you or the certifying engineer develop for the facility. You must keep these written procedures and a record of the inspections andtests, signed by the appropriate supervisor or inspector, with the SPCC Plan for a period of three years. Records of


## 41 Environmental Protection Agency § 112.7

inspections and tests kept under usual and customary business practices will suffice for purposes of this paragraph.

(f) Personnel, training, and discharge prevention procedures. (1) At a minimum, train your oil-handling personnel in the operation and maintenance of equipment to prevent discharges; discharge procedure protocols; applicable pollution control laws, rules, and regulations; general facilityoperations; and, the contents of the facility SPCC Plan.

(2) Designate a person at each applicable facility who is accountable for discharge prevention and who reports to facility management.

(3) Schedule and conduct dischargeprevention briefings for your oil-handling personnel at least once a year to assure adequate understanding of theSPCC Plan for that facility. Such briefings must highlight and describe known discharges as described in §112.1(b) or failures, malfunctioningcomponents, and any recently developed precautionary measures.

(g) Security (excluding oil production facilities). Describe in your Plan how you secure and control access to the oil handling, processing and storage areas; secure master flow and drain valves; prevent unauthorized access to startercontrols on oil pumps; secure out-ofservice and loading/unloading connections of oil pipelines; and address the appropriateness of security lighting toboth prevent acts of vandalism and assist in the discovery of oil discharges.

(h) Facility tank car and tank truckloading/unloading rack (excluding offshore facilities).

(1) Where loading/unloading rack drainage does not flow into a catchment basin or treatment facility designed to handle discharges, use a quick drainage system for tank car or tank truck loading/unloading racks.You must design any containment system to hold at least the maximum capacity of any single compartment of a
tank car or tank truck loaded or unloaded at the facility.

(2) Provide an interlocked warninglight or physical barrier system, warning signs, wheel chocks or vehiclebrake interlock system in the area adjacent to a loading/unloading rack, to prevent vehicles from departing before complete disconnection of flexible or
fixed oil transfer lines.

(3) Prior to filling and departure ofany tank car or tank truck, closely inspect for discharges the lowermost drain and all outlets of such vehicles, and if necessary, ensure that they aretightened, adjusted, or replaced to prevent liquid discharge while in transit.

(i) If a field-constructed abovegroundcontainer undergoes a repair, alteration, reconstruction, or a change in service that might affect the risk of adischarge or failure due to brittle fracture or other catastrophe, or has discharged oil or failed due to brittle fracture failure or other catastrophe,
evaluate the container for risk of discharge or failure due to brittle fracture or other catastrophe, and as necessary, take appropriate action.

(j) In addition to the minimal prevention standards listed under this section, include in your Plan a completediscussion of conformance with the applicable requirements and other effective discharge prevention and containment procedures listed in this part or any applicable more stringent State rules, regulations, and guidelines.

(k) Qualified Oil-filled Operational Equipment. The owner or operator of a facility with oil-filled operational equipment that meets the qualificationcriteria in paragraph (k)(1) of this subsection may choose to implement for this qualified oil-filled operational equipment the alternate requirements as described in paragraph (k)(2) of this sub-section in lieu of general secondary containment required in paragraph (c)
of this section.

(1) Qualification Criteria—Reportable Discharge History: The owner or operator of a facility that has had no single discharge as described in §112.1(b) from any oil-filled operational equipment exceeding 1,000 U.S. gallons or no two discharges as described in §112.1(b)from any oil-filled operational equipment each exceeding 42 U.S. gallons within any twelve month period in thethree years prior to the SPCC Plan certification date, or since becoming subject to this part if the facility has been in operation for less than three years (other than oil discharges as described


## 42 40 CFR Ch. I (7–1–15 Edition) § 112.8

in §112.1(b) that are the result of natural disasters, acts of war or terrorism); and

(2) Alternative Requirements to General Secondary Containment. If secondarycontainment is not provided for qualified oil-filled operational equipmentpursuant to paragraph (c) of this section, the owner or operator of a facility with qualified oil-filled operational equipment must:

(i) Establish and document the facility procedures for inspections or amonitoring program to detect equipment failure and/or a discharge; and

(ii) Unless you have submitted a response plan under §112.20, provide in your Plan the following:

(A) An oil spill contingency plan following the provisions of part 109 of this chapter.

(B) A written commitment of manpower, equipment, and materials required to expeditiously control and remove any quantity of oil discharged that may be harmful.

[67 FR 47140, July 17, 2002, as amended at 71 FR 77292, Dec. 26, 2006; 73 FR 74303, Dec. 5, 2008; 74 FR 58810, Nov. 13, 2009]



## Subpart B—Requirements for Petroleum Oils and Non-Petroleum Oils, Except Animal Fats and Oils and Greases, and Fish and Marine Mammal Oils; and Vegetable Oils (Including Oils from Seeds, Nuts, Fruits, and Kernels)

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



### § 112.8 Spill Prevention, Control, and Countermeasure Plan requirements for onshore facilities (excluding production facilities).

If you are the owner or operator of anonshore facility (excluding a production facility), you must:

(a) Meet the general requirements for the Plan listed under §112.7, and thespecific discharge prevention and containment procedures listed in this section.

(b) Facility drainage. (1) Restrain drainage from diked storage areas by valves to prevent a discharge into the drainage system or facility effluent treatment system, except where facility systems are designed to control such discharge. You may empty diked areas by pumps or ejectors; however, you must manually activate these pumps or ejectors and must inspect the
condition of the accumulation beforestarting, to ensure no oil will be discharged.

(2) Use valves of manual, open-andclosed design, for the drainage of diked areas. You may not use flapper-type
drain valves to drain diked areas. If your facility drainage drains directly
into a watercourse and not into an onsite wastewater treatment plant, you must inspect and may drain uncontaminated retained stormwater, as provided in paragraphs (c)(3)(ii), (iii), and (iv) of this section.

(3) Design facility drainage systems from undiked areas with a potential fora discharge (such as where piping is located outside containment walls or where tank truck discharges may occur outside the loading area) to flow intoponds, lagoons, or catchment basins designed to retain oil or return it to the facility. You must not locate catchment basins in areas subject to periodic flooding.

(4) If facility drainage is not engineered as in paragraph (b)(3) of this section, equip the final discharge of allditches inside the facility with a diversion system that would, in the event of an uncontrolled discharge, retain oil in the facility.

(5) Where drainage waters are treated
in more than one treatment unit and such treatment is continuous, and pump transfer is needed, provide two ‘‘lift’’ pumps and permanently install at least one of the pumps. Whatever techniques you use, you must engineer facility drainage systems to prevent a discharge as described in §112.1(b) in case there is an equipment failure or human error at the facility.

(c) Bulk storage containers. (1) Not use a container for the storage of oil unless
its material and construction are compatible with the material stored and conditions of storage such as pressure and temperature.

(2) Construct all bulk storage tank installations (except mobile refuelers and other non-transportation-related


## 43 Environmental Protection Agency § 112.8

tank trucks) so that you provide a secondary means of containment for the entire capacity of the largest single
container and sufficient freeboard to contain precipitation. You must ensurethat diked areas are sufficiently impervious to contain discharged oil. Dikes,containment curbs, and pits are commonly employed for this purpose. You may also use an alternative systemconsisting of a drainage trench enclosure that must be arranged so that any discharge will terminate and be safely confined in a facility catchment basin or holding pond.

(3) Not allow drainage of
uncontaminated rainwater from the
diked area into a storm drain or discharge of an effluent into an open watercourse, lake, or pond, bypassing the facility treatment system unless you:

(i) Normally keep the bypass valve
sealed closed.

(ii) Inspect the retained rainwater to ensure that its presence will not cause a discharge as described in §112.1(b).

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

(iv) Keep adequate records of suchevents, for example, any records required under permits issued in accordance with §§122.41(j)(2) and 122.41(m)(3) of this chapter.

(4) Protect any completely buried metallic storage tank installed on or after January 10, 1974 from corrosion by coatings or cathodic protection compatible with local soil conditions. You must regularly leak test such completely buried metallic storage
tanks.

(5) Not use partially buried or
bunkered metallic tanks for the storage of oil, unless you protect the buried section of the tank from corrosion. You must protect partially buried and bunkered tanks from corrosion bycoatings or cathodic protection compatible with local soil conditions.

(6) Test or inspect each aboveground container for integrity on a regularschedule and whenever you make material repairs. You must determine, in accordance with industry standards,the appropriate qualifications for personnel performing tests and inspections, the frequency and type of testingand inspections, which take into account container size, configuration, and design (such as containers thatare: shop-built, field-erected, skidmounted, elevated, equipped with aliner, double-walled, or partially buried). Examples of these integrity tests include, but are not limited to: visualinspection, hydrostatic testing, radiographic testing, ultrasonic testing, acoustic emissions testing, or other systems of non-destructive testing. You must keep comparison records and you must also inspect the container’s supports and foundations. In addition,you must frequently inspect the outside of the container for signs of deterioration, discharges, or accumulation
of oil inside diked areas. Records of inspections and tests kept under usualand customary business practices satisfy the recordkeeping requirements of this paragraph.

(7) Control leakage through defective internal heating coils by monitoring
the steam return and exhaust lines for contamination from internal heatingcoils that discharge into an open watercourse, or pass the steam return or exhaust lines through a settling tank,skimmer, or other separation or retention system.

(8) Engineer or update each container installation in accordance with goodengineering practice to avoid discharges. You must provide at least one of the following devices:

(i) High liquid level alarms with an audible or visual signal at a constantlyattended operation or surveillance station. In smaller facilities an audible air vent may suffice.

(ii) High liquid level pump cutoff devices set to stop flow at a predetermined container content level.

(iii) Direct audible or code signal
communication between the container gauger and the pumping station.

(iv) A fast response system for determining the liquid level of each bulkstorage container such as digital computers, telepulse, or direct vision gauges. If you use this alternative, a person must be present to monitor gauges and the overall filling of bulk storage containers.

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


## 44 40 CFR Ch. I (7–1–15 Edition) § 112.9

(9) Observe effluent treatment facilities frequently enough to detect possible system upsets that could cause a discharge as described in §112.1(b).

(10) Promptly correct visible discharges which result in a loss of oil from the container, including but not limited to seams, gaskets, piping, pumps, valves, rivets, and bolts. Youmust promptly remove any accumulations of oil in diked areas.

(11) Position or locate mobile or portable oil storage containers to prevent adischarge as described in §112.1(b). Except for mobile refuelers and other non-transportation-related tank trucks, you must furnish a secondary means of containment, such as a dikeor catchment basin, sufficient to contain the capacity of the largest singlecompartment or container with sufficient freeboard to contain precipitation.

(d) Facility transfer operations, pumping, and facility process. (1) Provide buried piping that is installed or replacedon or after August 16, 2002, with a protective wrapping and coating. You must also cathodically protect such buried piping installations or otherwisesatisfy the corrosion protection standards for piping in part 280 of this chapter or a State program approved under part 281 of this chapter. If a section of buried line is exposed for any reason,you must carefully inspect it for deterioration. If you find corrosion damage,you must undertake additional examination and corrective action as indicated by the magnitude of the damage.

(2) Cap or blank-flange the terminal connection at the transfer point and mark it as to origin when piping is not in service or is in standby service for
an extended time.

(3) Properly design pipe supports to
minimize abrasion and corrosion and allow for expansion and contraction.

(4) Regularly inspect all abovegroundvalves, piping, and appurtenances. During the inspection you must assess the general condition of items, such as flange joints, expansion joints, valve glands and bodies, catch pans, pipeline supports, locking of valves, and metalsurfaces. You must also conduct integrity and leak testing of buried pipingat the time of installation, modification, construction, relocation, or replacement.

(5) Warn all vehicles entering the facility to be sure that no vehicle will endanger aboveground piping or other oil transfer operations.

[67 FR 47146, July 17, 2002, as amended at 71 FR 77293, Dec. 26, 2006; 73 FR 74304, Dec. 5, 2008]



### § 112.9 Spill Prevention, Control, andCountermeasure Plan Requirements for onshore oil production facilities (excluding drilling and workover facilities).

If you are the owner or operator of anonshore oil production facility (excluding a drilling or workover facility), you
must:

(a) Meet the general requirements for the Plan listed under §112.7, and thespecific discharge prevention and containment procedures listed under this
section.

(b) Oil production facility drainage. (1) At tank batteries and separation andtreating areas where there is a reasonable possibility of a discharge as described in §112.1(b), close and seal at all
times drains of dikes or drains of equivalent measures required under §112.7(c)(1), except when draining
uncontaminated rainwater. Prior to drainage, you must inspect the diked area and take action as provided in §112.8(c)(3)(ii), (iii), and (iv). You must
remove accumulated oil on the rainwater and return it to storage or dispose of it in accordance with legally approved methods.

(2) Inspect at regularly scheduled intervals field drainage systems (such as drainage ditches or road ditches), and oil traps, sumps, or skimmers, for anaccumulation of oil that may have resulted from any small discharge. Youmust promptly remove any accumulations of oil.

(c) Oil production facility bulk storage
containers. (1) Not use a container for the storage of oil unless its material and construction are compatible with
the material stored and the conditions of storage.

(2) Except as described in paragraph (c)(5) of this section for flow-through process vessels and paragraph (c)(6) ofthis section for produced water containers and any associated piping and


## 45 Environmental Protection Agency § 112.9

appurtenances downstream from the container, construct all tank battery,separation, and treating facility installations, so that you provide a secondary means of containment for the entire capacity of the largest single
container and sufficient freeboard to contain precipitation. You must safely confine drainage from undiked areas in a catchment basin or holding pond.

(3) Except as described in paragraph (c)(5) of this section for flow-through process vessels and paragraph (c)(6) ofthis section for produced water containers and any associated piping and appurtenances downstream from thecontainer, periodically and upon a regular schedule visually inspect each
container of oil for deterioration andmaintenance needs, including the foundation and support of each container
that is on or above the surface of the ground.

(4) Engineer or update new and oldtank battery installations in accordance with good engineering practice to prevent discharges. You must provide at least one of the following:

(i) Container capacity adequate to assure that a container will not overfill if a pumper/gauger is delayed in making regularly scheduled rounds.

(ii) Overflow equalizing lines between
containers so that a full container can overflow to an adjacent container.

(iii) Vacuum protection adequate to prevent container collapse during a pipeline run or other transfer of oil from the container.

(iv) High level sensors to generate and transmit an alarm signal to the computer where the facility is subjectto a computer production control system.

(5) Flow-through process vessels. The owner or operator of a facility with flow-through process vessels maychoose to implement the alternate requirements as described below in lieuof sized secondary containment required in paragraphs (c)(2) and (c)(3) of this section.

(i) Periodically and on a regular schedule visually inspect and/or testflow-through process vessels and associated components (such as dump valves) for leaks, corrosion, or other
conditions that could lead to a discharge as described in §112.1(b). (ii) Take corrective action or make repairs to flow-through process vesselsand any associated components as indicated by regularly scheduled visual inspections, tests, or evidence of an oil discharge.

(iii) Promptly remove or initiate actions to stabilize and remediate any accumulations of oil discharges associated with flow-through process vessels.

(iv) If your facility discharges more than 1,000 U.S. gallons of oil in a single discharge as described in §112.1(b), or discharges more than 42 U.S. gallons ofoil in each of two discharges as described in §112.1(b) within any twelvemonth period, from flow-through process vessels (excluding discharges that are the result of natural disasters, acts of war, or terrorism) then you must,
within six months from the time thefacility becomes subject to this paragraph, ensure that all flow-through process vessels subject to this subpart comply with §112.9(c)(2) and (c)(3).

(6) Produced water containers. For each produced water container, comply with §112.9(c)(1) and (c)(4); and §112.9(c)(2) and (c)(3), or comply withthe provisions of the following paragraphs (c)(6)(i) through (v):

(i) Implement, on a regular schedule, a procedure for each produced water container that is designed to separate the free-phase oil that accumulates onthe surface of the produced water. Include in the Plan a description of theprocedures, frequency, amount of freephase oil expected to be maintained inside the container, and a Professional Engineer certification in accordance with §112.3(d)(1)(vi). Maintain records
of such events in accordance with §112.7(e). Records kept under usual andcustomary business practices will suffice for purposes of this paragraph. If this procedure is not implemented as
described in the Plan or no records are maintained, then you must comply with §112.9(c)(2) and (c)(3).

(ii) On a regular schedule, visually inspect and/or test the produced water container and associated piping for leaks, corrosion, or other conditionsthat could lead to a discharge as described in §112.1(b) in accordance with good engineering practice.


## 46 40 CFR Ch. I (7–1–15 Edition) § 112.10

(iii) Take corrective action or makerepairs to the produced water container and any associated piping as indicated by regularly scheduled visual inspections, tests, or evidence of an oil discharge.

(iv) Promptly remove or initiate actions to stabilize and remediate any accumulations of oil discharges associated with the produced water container.

(v) If your facility discharges more than 1,000 U.S. gallons of oil in a single discharge as described in §112.1(b), or discharges more than 42 U.S. gallons ofoil in each of two discharges as described in §112.1(b) within any twelve month period from a produced watercontainer subject to this subpart (excluding discharges that are the resultof natural disasters, acts of war, or terrorism) then you must, within sixmonths from the time the facility becomes subject to this paragraph, ensure that all produced water containers subject to this subpart comply with §112.9(c)(2) and (c)(3).

(d) Facility transfer operations, oil production facility. (1) Periodically and upon a regular schedule inspect allaboveground valves and piping associated with transfer operations for the general condition of flange joints, valve glands and bodies, drip pans, pipe supports, pumping well polish rod stuffing boxes, bleeder and gauge valves, and other such items.

(2) Inspect saltwater (oil field brine) disposal facilities often, particularlyfollowing a sudden change in atmospheric temperature, to detect possiblesystem upsets capable of causing a discharge.

(3) For flowlines and intra-facility gathering lines that are not providedwith secondary containment in accordance with §112.7(c), unless you have submitted a response plan under§112.20, provide in your Plan the following:

(i) An oil spill contingency plan following the provisions of part 109 of this chapter.

(ii) A written commitment of manpower, equipment, and materials required to expeditiously control and remove any quantity of oil discharged that might be harmful. (4) Prepare and implement a writtenprogram of flowline/intra-facility gathering line maintenance. The maintenance program must address your procedures to:

(i) Ensure that flowlines and intra-facility gathering lines and associated valves and equipment are compatible with the type of production fluids, their potential corrosivity, volume,and pressure, and other conditions expected in the operational environment.

(ii) Visually inspect and/or test flowlines and intra-facility gathering lines and associated appurtenances on a periodic and regular schedule for leaks, oil discharges, corrosion, or
other conditions that could lead to a discharge as described in §112.1(b). For flowlines and intra-facility gatheringlines that are not provided with secondary containment in accordance with §112.7(c), the frequency and typeof testing must allow for the implementation of a contingency plan as described under part 109 of this chapter.

(iii) Take corrective action or makerepairs to any flowlines and intra-facility gathering lines and associated appurtenances as indicated by regularly scheduled visual inspections, tests, or evidence of a discharge.

(iv) Promptly remove or initiate actions to stabilize and remediate any accumulations of oil discharges associated with flowlines, intra-facility gathering lines, and associated appurtenances.

[73 FR, 74304, Dec. 5, 2008, as amended at 74 FR 58810, Nov. 13, 2009]



### § 112.10 Spill Prevention, Control, and Countermeasure Plan requirements for onshore oil drilling and workover facilities.

If you are the owner or operator of anonshore oil drilling and workover facility, you must:

(a) Meet the general requirements listed under §112.7, and also meet thespecific discharge prevention and containment procedures listed under this
section.

(b) Position or locate mobile drillingor workover equipment so as to prevent a discharge as described in §112.1(b).

(c) Provide catchment basins or diversion structures to intercept and


## 47 Environmental Protection Agency § 112.11

contain discharges of fuel, crude oil, or oily drilling fluids.

(d) Install a blowout prevention(BOP) assembly and well control system before drilling below any casing string or during workover operations. The BOP assembly and well control system must be capable of controllingany well-head pressure that may be encountered while that BOP assembly and well control system are on the
well.

§ 112.11 Spill Prevention, Control, and Countermeasure Plan requirements for offshore oil drilling, production, or workover facilities.

If you are the owner or operator of an offshore oil drilling, production, or workover facility, you must:

(a) Meet the general requirements listed under §112.7, and also meet thespecific discharge prevention and containment procedures listed under this
section.

(b) Use oil drainage collection equipment to prevent and control small oil discharges around pumps, glands, valves, flanges, expansion joints, hoses, drain lines, separators, treaters, tanks, and associated equipment. You mustcontrol and direct facility drains toward a central collection sump to prevent the facility from having a discharge as described in §112.1(b). Where drains and sumps are not practicable,you must remove oil contained in collection equipment as often as necessary to prevent overflow.

(c) For facilities employing a sump system, provide adequately sized sump and drains and make available a spare pump to remove liquid from the sump and assure that oil does not escape. You must employ a regularly scheduled preventive maintenance inspection andtesting program to assure reliable operation of the liquid removal system and pump start-up device. Redundantautomatic sump pumps and control devices may be required on some installations.

(d) At facilities with areas where separators and treaters are equipped with dump valves which predominantly failin the closed position and where pollution risk is high, specially equip the facility to prevent the discharge of oil. You must prevent the discharge of oil by:

(1) Extending the flare line to a diked area if the separator is near shore;

(2) Equipping the separator with ahigh liquid level sensor that will automatically shut in wells producing to the separator; or

(3) Installing parallel redundant dump valves.

(e) Equip atmospheric storage or surge containers with high liquid level sensing devices that activate an alarmor control the flow, or otherwise prevent discharges.

(f) Equip pressure containers with high and low pressure sensing devices
that activate an alarm or control the
flow.

(g) Equip containers with suitable corrosion protection.

(h) Prepare and maintain at the facility a written procedure within the Plan for inspecting and testing pollution prevention equipment and systems.

(i) Conduct testing and inspection of the pollution prevention equipmentand systems at the facility on a scheduled periodic basis, commensurate withthe complexity, conditions, and circumstances of the facility and any other appropriate regulations. Youmust use simulated discharges for testing and inspecting human and equipment pollution control and countermeasure systems.

(j) Describe in detailed records surface and subsurface well shut-in valves and devices in use at the facility for each well sufficiently to determine their method of activation or control, such as pressure differential, change in fluid or flow conditions, combination of pressure and flow, manual or remote control mechanisms.

(k) Install a BOP assembly and wellcontrol system during workover operations and before drilling below any casing string. The BOP assembly and well control system must be capable of controlling any well-head pressure thatmay be encountered while the BOP assembly and well control system are on the well.

(l) Equip all manifolds (headers) with check valves on individual flowlines.

(m) Equip the flowline with a high pressure sensing device and shut-in
valve at the wellhead if the shut-in


## 48 40 CFR Ch. I (7–1–15 Edition) § 112.12

well pressure is greater than the working pressure of the flowline and manifold valves up to and including the header valves. Alternatively you may provide a pressure relief system for
flowlines.

(n) Protect all piping appurtenant to the facility from corrosion, such as with protective coatings or cathodic protection.

(o) Adequately protect sub-marine piping appurtenant to the facility against environmental stresses andother activities such as fishing operations.

(p) Maintain sub-marine piping appurtenant to the facility in good operating condition at all times. You mustperiodically and according to a schedule inspect or test such piping for failures. You must document and keep a record of such inspections or tests at the facility.



## Subpart C—Requirements for Animal Fats and Oils and Greases, and Fish and MarineMammal Oils; and for Vegetable Oils, including Oils fromSeeds, Nuts, Fruits, and Kernels

S OURCE : 67 FR 57149, July 17, 2002, unless
otherwise noted.



### § 112.12 Spill Prevention, Control, andCountermeasure Plan requirements.
If you are the owner or operator of an onshore facility, you must:

(a) Meet the general requirements for the Plan listed under §112.7, and thespecific discharge prevention and containment procedures listed in this section.

(b) Facility drainage. (1) Restrain drainage from diked storage areas by valves to prevent a discharge into the drainage system or facility effluenttreatment system, except where facility systems are designed to control such discharge. You may empty diked areas by pumps or ejectors; however, you must manually activate these pumps or ejectors and must inspect the
condition of the accumulation beforestarting, to ensure no oil will be discharged. (2) Use valves of manual, open-andclosed design, for the drainage of diked areas. You may not use flapper-type drain valves to drain diked areas. If your facility drainage drains directly
into a watercourse and not into an onsite wastewater treatment plant, you must inspect and may drain uncontaminated retained stormwater,subject to the requirements of paragraphs (c)(3)(ii), (iii), and (iv) of this
section.

(3) Design facility drainage systems from undiked areas with a potential fora discharge (such as where piping is located outside containment walls or where tank truck discharges may occur outside the loading area) to flow intoponds, lagoons, or catchment basins designed to retain oil or return it to the facility. You must not locate catchment basins in areas subject to periodic flooding.

(4) If facility drainage is not engineered as in paragraph (b)(3) of this section, equip the final discharge of allditches inside the facility with a diversion system that would, in the event of an uncontrolled discharge, retain oil in the facility.

(5) Where drainage waters are treated
in more than one treatment unit and such treatment is continuous, and pump transfer is needed, provide two ‘‘lift’’ pumps and permanently install at least one of the pumps. Whatever techniques you use, you must engineer facility drainage systems to prevent a discharge as described in §112.1(b) in case there is an equipment failure or human error at the facility.

(c) Bulk storage containers. (1) Not use a container for the storage of oil unless
its material and construction are compatible with the material stored and conditions of storage such as pressure and temperature.

(2) Construct all bulk storage tank installations (except mobile refuelers and other non-transportation-relatedtank trucks) so that you provide a secondary means of containment for the entire capacity of the largest single
container and sufficient freeboard to contain precipitation. You must ensurethat diked areas are sufficiently impervious to contain discharged oil. Dikes,containment curbs, and pits are commonly employed for this purpose. You


## 49 Environmental Protection Agency § 112.12

may also use an alternative systemconsisting of a drainage trench enclosure that must be arranged so that any discharge will terminate and be safely confined in a facility catchment basin or holding pond.

(3) Not allow drainage of
uncontaminated rainwater from the
diked area into a storm drain or discharge of an effluent into an open watercourse, lake, or pond, bypassing the facility treatment system unless you:

(i) Normally keep the bypass valve
sealed closed.

(ii) Inspect the retained rainwater to ensure that its presence will not cause a discharge as described in §112.1(b).

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

(iv) Keep adequate records of suchevents, for example, any records required under permits issued in accordance with §§122.41(j)(2) and 122.41(m)(3) of this chapter.

(4) Protect any completely buried metallic storage tank installed on or after January 10, 1974 from corrosion by coatings or cathodic protection compatible with local soil conditions. You must regularly leak test such completely buried metallic storage
tanks.

(5) Not use partially buried or
bunkered metallic tanks for the storage of oil, unless you protect the buried section of the tank from corrosion. You must protect partially buried and bunkered tanks from corrosion bycoatings or cathodic protection compatible with local soil conditions.

(6) Bulk storage container inspections. (i) Except for containers that meet the criteria provided in paragraph (c)(6)(ii) of this section, test or inspecteach aboveground container for integrity on a regular schedule and whenever you make material repairs. Youmust determine, in accordance with industry standards, the appropriate qualifications for personnel performing tests and inspections, the frequency and type of testing and inspections, which take into account container size,configuration, and design (such as containers that are: shop-built, field-erected, skid-mounted, elevated, equipped with a liner, double-walled, or partially buried). Examples of these integrity tests include, but are not limited to: Visual inspection, hydrostatic testing,radiographic testing, ultrasonic testing, acoustic emissions testing, orother systems of non-destructive testing. You must keep comparison recordsand you must also inspect the container’s supports and foundations. In addition, you must frequently inspect the outside of the container for signs ofdeterioration, discharges, or accumulation of oil inside diked areas. Records of inspections and tests kept under usual and customary business practices satisfy the recordkeeping requirements of this paragraph.

(ii) For bulk storage containers thatare subject to 21 CFR part 110, are elevated, constructed of austenitic stainless steel, have no external insulation,and are shop-fabricated, conduct formal visual inspection on a regularschedule. In addition, you must frequently inspect the outside of the container for signs of deterioration, discharges, or accumulation of oil inside
diked areas. You must determine and document in the Plan the appropriate qualifications for personnel performingtests and inspections. Records of inspections and tests kept under usualand customary business practices satisfy the recordkeeping requirements of this paragraph (c)(6).

(7) Control leakage through defective internal heating coils by monitoring
the steam return and exhaust lines for contamination from internal heatingcoils that discharge into an open watercourse, or pass the steam return or exhaust lines through a settling tank,skimmer, or other separation or retention system.

(8) Engineer or update each container installation in accordance with goodengineering practice to avoid discharges. You must provide at least one of the following devices:

(i) High liquid level alarms with an audible or visual signal at a constantlyattended operation or surveillance station. In smaller facilities an audible air vent may suffice.

(ii) High liquid level pump cutoff devices set to stop flow at a predetermined container content level.

(iii) Direct audible or code signal
communication between the container gauger and the pumping station.


## 50 40 CFR Ch. I (7–1–15 Edition) §§ 112.13–112.15

(iv) A fast response system for determining the liquid level of each bulkstorage container such as digital computers, telepulse, or direct vision gauges. If you use this alternative, a person must be present to monitor gauges and the overall filling of bulk storage containers.

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

(9) Observe effluent treatment facilities frequently enough to detect possible system upsets that could cause a discharge as described in §112.1(b).

(10) Promptly correct visible discharges which result in a loss of oil from the container, including but not limited to seams, gaskets, piping, pumps, valves, rivets, and bolts. Youmust promptly remove any accumulations of oil in diked areas.

(11) Position or locate mobile or portable oil storage containers to prevent adischarge as described in §112.1(b). Except for mobile refuelers and other non-transportation-related tank trucks, you must furnish a secondary means of containment, such as a dikeor catchment basin, sufficient to contain the capacity of the largest singlecompartment or container with sufficient freeboard to contain precipitation.

(d) Facility transfer operations, pumping, and facility process. (1) Provide buried piping that is installed or replacedon or after August 16, 2002, with a protective wrapping and coating. You must also cathodically protect such buried piping installations or otherwisesatisfy the corrosion protection standards for piping in part 280 of this chapter or a State program approved under part 281 of this chapter. If a section of buried line is exposed for any reason,you must carefully inspect it for deterioration. If you find corrosion damage,you must undertake additional examination and corrective action as indicated by the magnitude of the damage.

(2) Cap or blank-flange the terminal connection at the transfer point and mark it as to origin when piping is not in service or is in standby service for
an extended time.

(3) Properly design pipe supports to
minimize abrasion and corrosion and allow for expansion and contraction. (4) Regularly inspect all abovegroundvalves, piping, and appurtenances. During the inspection you must assess the general condition of items, such as flange joints, expansion joints, valve glands and bodies, catch pans, pipeline supports, locking of valves, and metalsurfaces. You must also conduct integrity and leak testing of buried pipingat the time of installation, modification, construction, relocation, or replacement.

(5) Warn all vehicles entering the facility to be sure that no vehicle will endanger aboveground piping or other oil transfer operations.

[67 FR 57149, July 17, 2002, as amended at 71 FR 77293, Dec. 26, 2006; 73 FR 74305, Dec. 5, 2008]



### §§ 112.13–112.15 [Reserved]



## Subpart D—Response Requirements

§ 112.20 Facility response plans.

(a) The owner or operator of any nontransportation-related onshore facilitythat, 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 ofa 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 satisfythe requirements of this section and resubmit the response plan or updatedportions 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


## 51 Environmental Protection Agency § 112.20

a response plan by February 18, 1993 shall prepare and submit a response plan that satisfies the requirements ofthis 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 notifiedby the Regional Administrator pursuant to paragraph (b) of this sectionshall 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 operatorshall submit the response plan or updated portions of the response plan, along with a completed version of the response plan cover sheet contained inappendix F to this part, to the Regional Administrator prior to August 30, 1994.

(ii) For a newly constructed facilitythat 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 tothis part, to the Regional Administrator prior to the start of operations (adjustments to the response plan toreflect 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 prepareand submit a response plan after August 30, 1994, as a result of a plannedchange in design, construction, operation, or maintenance that renders thefacility 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 ofthe response plan cover sheet contained in appendix F to this part, to the Regional Administrator before the portion of the facility undergoingchange commences operations (adjustments to the response plan to reflectchanges that occur at the facility during the start-up phase of operationsmust be submitted to the Regional Administrator after an operational trial period of 60 days).

(iv) For a facility required to prepareand 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 inappendix 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 prepareand submit a response plan uses an alternative formula that is comparable to one contained in appendix C to thispart to evaluate the criterion in paragraph (f)(1)(ii)(B) or (f)(1)(ii)(C) of thissection, 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.

(4) Preparation and submission of response plans

— Animal fat and vegetable oil facilities. The owner or operator of any non-transportation-related facilitythat handles, stores, or transports animal fats and vegetable oils must prepare and submit a facility response plan as follows:

(i) Facilities with approved plans. The owner or operator of a facility with afacility response plan that has been approved under paragraph (c) of this section by July 31, 2000 need not prepareor submit a revised plan except as otherwise required by paragraphs (b), (c), or (d) of this section.

(ii) Facilities with plans that have been submitted to the Regional Administrator. Except for facilities with approved plans as provided in paragraph (a)(4)(i) of this section, the owner or operatorof a facility that has submitted a response plan to the Regional Administrator prior to July 31, 2000 must review the plan to determine if it meets or exceeds the applicable provisions of


## 52 40 CFR Ch. I (7–1–15 Edition) § 112.20

this part. An owner or operator need not prepare or submit a new plan if theexisting plan meets or exceeds the applicable provisions of this part. If theplan does not meet or exceed the applicable provisions of this part, the owner or operator must prepare and submit a new plan by September 28, 2000.

(iii) Newly regulated facilities. Theowner or operator of a newly constructed facility that commences operation after July 31, 2000 must prepareand submit a plan to the Regional Administrator in accordance with paragraph (a)(2)(ii) of this section. The plan must meet or exceed the applicable provisions of this part. The owner or operator of an existing facility that must prepare and submit a plan after July 31, 2000 as a result of a planned orunplanned change in facility characteristics that causes the facility to become regulated under paragraph (f)(1)of this section, must prepare and submit a plan to the Regional Administrator in accordance with paragraph(a)(2)(iii) or (iv) of this section, as appropriate. The plan must meet or exceed the applicable provisions of this part.

(iv) Facilities amending existing plans.The owner or operator of a facility submitting an amended plan in accordance with paragraph (d) of this section after July 31, 2000, including plans that hadbeen previously approved, must also review the plan to determine if it meets or exceeds the applicable provisions of this part. If the plan does not meet or exceed the applicable provisions of this part, the owner or operator must revise and resubmit revised portions of anamended plan to the Regional Administrator in accordance with paragraph (d) of this section, as appropriate. Theplan must meet or exceed the applicable provisions of this part.

(b)(1) The Regional Administrator may at any time require the owner oroperator of any non-transportation-related onshore facility to prepare and submit a facility response plan underthis section after considering the factors in paragraph (f)(2) of this section. If such a determination is made, the Regional Administrator shall notifythe 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 shallreview plans submitted by such facilities to determine whether the facilitycould, because of its location, reasonably be expected to cause significant
and substantial harm to the environment by discharging oil into or on thenavigable waters or adjoining shorelines.

(c) The Regional Administrator shalldetermine 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 andresubmit 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)


## 53 Environmental Protection Agency § 112.20

that provide equipment and personnelto respond to discharges of oil described in paragraph (h)(5) of this section;

(iv) A material change in the facility’s spill prevention and responseequipment 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 achange in the oil spill removal organization(s) that does not result in a material change in support capabilities do not require approval by the RegionalAdministrator. 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 theEPA-issued facility identification number (where one has been assigned) with the changes.

(4) The Regional Administrator shallreview for approval changes to a response plan submitted pursuant toparagraph (d)(1) of this section for a facility determined pursuant to paragraph (f)(3) of this section to have thepotential 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 facilitycould 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 andmaintain at the facility the certification form contained in appendix C tothis 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 ofthe 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 thenavigable waters or adjoining shorelines pursuant to paragraph (a)(2) ofthis 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 andsensitive 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 13, for availability) and the applicableArea 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 discharge in an amount greater than or equal to 10,000 gallons within the last 5 years.

(2)(i) To determine whether a facilitycould, because of its location, reasonably be expected to cause substantial


## 54 40 CFR Ch. I (7–1–15 Edition) § 112.20

harm to the environment by discharging oil into or on the navigablewaters 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 areasdetermined by the Regional Administrator to possess ecological value;

(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 oron 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 tothis section could, because of its location, reasonably be expected to cause
substantial harm to the environmentby discharging oil into or on the navigable waters or adjoining shorelinesmay 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 thefactors 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 facilitycould, because of its location, reasonably be expected to cause significant
and substantial harm to the environment by discharging oil into or on thenavigable 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 discharges; (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 (40CFR 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 planningcommittee 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 theformat of the model facility-specific response plan included in appendix F to this part, unless you have prepared an equivalent response plan acceptable to the Regional Administrator 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 responseplan 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 responseplan, or as a separate document accompanying the response plan, and that includes the following information:


## 55 Environmental Protection Agency § 112.20

(i) The identity and telephone number of a qualified individual having fullauthority, 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;

(iii) A description of information to pass to response personnel in the event of a reportable discharge;

(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 thedischarge, and to provide adequate containment and drainage of discharged oil; and

(viii) A diagram of the facility. (2) Facility information. The responseplan 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 thequalified 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 aworst 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 worstcase discharge (To identify response resources to meet the facility responseplan 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 ofthis 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 thissection 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 discharge;

(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 thequalified 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, exactsource, 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 theNational Response Center, State Emergency Response Commission, and Local Emergency Planning Committee;

(E) Assess the interaction of the discharged 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


## 56 40 CFR Ch. I (7–1–15 Edition) § 112.20

effects of the release (i.e., the effects of any toxic, irritating, or asphyxiatinggases 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;

(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 CFRpart 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 thedischarges would be on the affected environment. To assess the range of areaspotentially 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 thenavigable 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. Incases where the Regional Administrator determines that the worst casedischarge 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 theamounts 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 ofthe 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 theamounts 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 outby facility personnel or contracted personnel under the response plan to ensure the safety of the facility and tomitigate 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 adequatecontainment and drainage of discharged 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/exerciseprogram to be carried out under the response plan as described in §112.21;

(iii) A description of the training program to be carried out under the response plan as described in §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 shallinclude site plan and drainage plan diagrams.

(10) Security systems. The responseplan shall include a description of facility security systems.

(11) Response plan cover sheet. The response plan shall include a completed


## 57 Environmental Protection Agency § 112.21

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 withthe 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 approval, such as changes tothe worst case discharge planning volume, the owner or operator may submit a request for reconsideration tothe Regional Administrator and provide additional information and data inwriting to support the request. The request and accompanying informationmust be submitted to the Regional Administrator within 60 days of receipt of notice of the Regional Administrator’soriginal decision. The Regional Administrator shall consider the request andrender a decision as rapidly as practicable.

(2) In the event the owner or operatorof a facility believes a change in the facility’s classification status is warranted because of an unplanned eventor change in the facility’s characteristics (i.e., substantial harm or significant and substantial harm), the owner or operator may submit a request forreconsideration to the Regional Administrator and provide additional information and data in writing to support the request. The Regional Administrator shall consider the request andrender a decision as rapidly as practicable.

(3) After a request for reconsideration under paragraph (i)(1) or (i)(2) ofthis 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 thedecision from the Regional Administrator that the request for reconsideration was denied. A complete copy ofthe appeal must be sent to the Regional Administrator at the time theappeal is made. The appeal shall contain a clear and concise statement of the issues and points of fact in thecase. 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, as amended at 65 FR 40798, June 30, 2000; 66 FR 34560, June 29, 2001; 67 FR 47151, July 17, 2002]



### § 112.21 Facility response training and drills/exercises.

(a) The owner or operator of any facility required to prepare a facility response plan under §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 operatorshall describe the programs in the response plan as provided in §112.20(h)(8).

(b) The facility owner or operatorshall develop a facility response training program to train those personnel involved in oil spill response activities. It is recommended that the trainingprogram be based on the USCG’s Training Elements for Oil Spill Response, asapplicable 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 torespond 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 operatorshall 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 13, for


## 58 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. A

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, as amended at 65 FR 40798, June 30, 2000]



### A PPENDIX 

### A TO 

### P ART 

### 112—M EMORANDUM

OF 

### U NDERSTANDING 

### B ETWEEN THE 

### S ECRETARY OF 

### T RANSPORTATION AND

THE 

### A DMINISTRATOR OF THE 

### E NVI



### RONMENTAL 

### P ROTECTION 

### A GENCY

SECTION II

— DEFINITIONS

The Environmental Protection Agency and the Department of Transportation agree that 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 indrilling 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 exploratoryor 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 allequipment 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 allequipment and appurtenances related thereto as well as fixed bulk plant storage, terminal oil storage facilities, consumer storage, pumps and drainage systems used in thestorage of oil, but excluding inline or breakout storage tanks needed for the continuousoperation 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, butexcluding 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, loadingarms and other equipment which are appurtenant to a nontransportation-related facility or terminal facility and which are usedto transfer oil in bulk to or from highway vehicles or railroad cars.

(J) Highway vehicles and railroad carswhich 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 thetransport of oil exclusively within the confines of a nontransportation-related facilityor 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 otherequipment appurtenant to a non-transportation-related facility which is used to transfer oil in bulk to or from a vessel.


## 59 Environmental Protection Agency Pt. 112, App. B

(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 forthe continuous operation of a pipeline system, and pipelines from onshore and offshoreoil 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 theequipment and appurtenances related thereto, and equipment used for the fueling of locomotive units, as well as the rights-of-wayon which they operate. Excluded are highway vehicles and railroad cars and motive power used exclusively within the confines ofa nontransportation-related facility or terminal facility and which are not intended for
use in interstate or intrastate commerce.



### A PPENDIX 

### B TO 

### P ART 

### 112—M EMORANDUM

OF 

### U NDERSTANDING 

### A MONG THE 

### S EC



### RETARY OF THE 

### I NTERIOR 

### , S EC



### RETARY OF 

### T RANSPORTATION



### , AND 

### A DMINISTRATOR OF THE 

### E NVIRON



### MENTAL 

### P ROTECTION 

### A GENCY

P URPOSE

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 ofthe 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 forthbelow for spill prevention and control, response planning, and equipment inspection activities pursuant to those provisions.

B ACKGROUND

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 associatedwith 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.

R ESPONSIBILITIES

Pursuant to section 2(i) of E.O. 12777, DOIredelegates, 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 responsibilityfor non-transportation-related offshore facilities located landward of the coast line.

2. To DOT, DOI redelegates responsibilityfor transportation-related facilities, including pipelines, located landward of the coastline. 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.

E FFECTIVE D ATE

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

L IMITATIONS

1. The DOI, DOT, and EPA may agree inwriting 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.

M ODIFICATION AND T ERMINATION

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 shallmeet 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 Pen  ̃ a, Secretary of Transportation.


## 60 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. C

Dated: February 3, 1994. Carol M. Browner,

Administrator, Environmental Protection Agency.

[59 FR 34102, July 1, 1994]



### A PPENDIX 

### C TO 

### P ART 

### 112—S UBSTANTIAL 

### H ARM 

### C RITERIA

1.0 I NTRODUCTION

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 oradjoining shorelines.’’ In addition, the Regional Administrator has the discretion toidentify 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 ofwater 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 D ESCRIPTION OF S CREENING C RITERIA FOR

THE S UBSTANTIAL H ARM F LOWCHART

A facility that has the potential to cause
substantial harm to the environment in theevent 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 Thanor Equal to 42,000 Gallons Where Operations Include Over-Water Transfers of Oil. A nontransportation-related facility with a total oil storage capacity greater than or equal to 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 responseplan to EPA. Secondary containment structures that meet the standard of good engineering practice for the purposes of this partinclude 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 thata 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 13, for availability) and the applicable Area Contingency Plan. Facility owners or operators must determine the distance at which an oil discharge couldcause injury to fish and wildlife and sensitive environments using the appropriate formula presented in Attachment C–III to this appendix or a comparable formula.


## 61 Environmental Protection Agency Pt. 112, App. C

2.4 Proximity to Public Drinking Water Intakes 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 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 discharge from an SPCC-regulated facility would shut downa 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 Discharges in an Amount Greater Than or Equal to 10,000 Gallons Within the Past 5Years and That Have a Total Oil Storage Capacity Greater Than or Equal to 1 Million Gallons. A facility’s oil spill history within thepast 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 discharge in anamount greater than or equal to 10,000 gallons within the past 5 years must submit a response plan to EPA.

3.0 C ERTIFICATION FOR F ACILITIES T HAT D O N OT P OSE S UBSTANTIAL H ARM

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 AttachmentC–II to this appendix. In the event an alternative formula that is comparable to the onein 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 R EFERENCES

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 13.


## 62 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. C

A TTACHMENTS TO 

## A PPENDIX 

## C


## 63 Environmental Protection Agency Pt. 112, App. C

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). A TTACHMENT C-II—C ERTIFICATION OF THE A P

PLICABILITY OF THE S UBSTANTIAL H ARM C RI

TERIA

Facility Name:

lllllllllllllll Facility Address:

llllllllllllll

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

lll No

lll 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 tocontain the capacity of the largest aboveground oil storage tank plus sufficient freeboard to allow for precipitation within any aboveground oil storage tank area?

Yes

lll No

lll 3. Does the facility have a total oil storage capacity greater than or equal to 1 milliongallons and is the facility located at a distance (as calculated using the appropriateformula in Attachment C–III to this appendix or a comparable formula 1 ) such that adischarge from the facility could cause injury to fish and wildlife and sensitive environments? For further description of fish andwildlife 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 13, for availability) and the applicable Area Contingency Plan.

Yes

lll No

lll 4. Does the facility have a total oil storage capacity greater than or equal to 1 milliongallons 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

Yes

lll No

lll 5. Does the facility have a total oil storage capacity greater than or equal to 1 milliongallons and has the facility experienced a reportable oil discharge in an amount greater than or equal to 10,000 gallons within the last 5 years?

Yes

lll No

lll 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.

llllllllllllllllllllllll Signature

llllllllllllllllllllllll Name (please type or print)

llllllllllllllllllllllll Title

llllllllllllllllllllllll Date

A TTACHMENT C-III—C ALCULATION OF THE P LANNING D ISTANCE

1.0 Introduction

1.1 The facility owner or operator must evaluate whether the facility is located at adistance such that a discharge from the facility could cause injury to fish and wildlifeand 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 navigablewaters. 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 andthe 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 discharged 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, whichtake 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 iscomparable 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), theowner 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


## 64 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. C

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 riverstages, 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. writing that an alternative formula was
used. 1

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 theflowchart 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 inthe 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 thatmore 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 watertype to determine the greatest single distance that oil may be transported. As a result, the final planning distance for oiltransport 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), anda 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. TheChezy-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 ofa discharge. Assuming no prior planning, response resources should be able to arrive atthe 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 Eto 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 comparableformula as described in §112.20(a)(3) to calculate the planning distance for oil transport on moving navigable water:

d=v × t × 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 w mile/
hr w ft (3600 sec/hr ÷ 5280 ft/mile).2.2 Chezy-Manning’s equation is used to determine velocity:
v=1.5/n × r 2 ⁄ 3 × 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; r=the hydraulic radius; the hydraulic radiuscan be approximated for parabolic channels by multiplying the average midVerDate Sep<11>2014 10:27 Sep 02, 2015 Jkt 235172 PO 00000 Frm 00074 Fmt 8010 Sfmt 8002 Y:\SGML\235172.XXX 235172Lhorne on DSK5TPTVN1PROD with CFR

## 65 Environmental Protection Agency Pt. 112, App. C

channel depth of the river (in feet) by0.667 (sources for obtaining the mid-channel depth are listed in Table 2 of this attachment); ands=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.



### T ABLE 

### 1—M ANNING 

### ’ S 

### R OUGHNESS 

### C OEFFICIENT

FOR 

### N ATURAL 

### S TREAMS
[N OTE : Coefficients are presented for high flow rates at or near flood stage.]

Stream description Roughness 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

T ABLE 2—S OURCES OF R AND S FOR THE C HEZY M ANNING E QUATION

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 ServiceDepartment 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) 634–5000Charts 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) 684–3002Charts 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) 690–2511The 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
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 locateddownstream (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 thewater at the point of discharge from the facility (A). Determine the elevation of the


## 66 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. C

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)] × [1 mile/5280 feet]

2.4 If it is not feasible to determine theslope and mid-channel depth by the ChezyManning 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 thetime 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 thespecific 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 avariety 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 theycan 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 notincluded 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 capableof having an oil discharge of sufficient quantity to cause injury to fish and wildlife and sensitive environments or shut down a publicdrinking water intake. While owners or operators of transfer facilities that store greaterthan 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.



### T ABLE 

### 3—S PECIFIED 

### T IME 

### I NTERVALS

Operating

areas Substantial harm planning time (hrs)

Higher volume

port area. 12 hour arrival+3 hour deployment=15
hours. Great Lakes ... 24 hour arrival+3 hour deployment=27
hours. 

### T ABLE 

### 3—S PECIFIED 

### T IME 

### I NTERVALS 

### — Continued

Operating

areas Substantial harm planning time (hrs)

All other rivers

and canals, inland, and
nearshore

areas. 24 hour arrival+3 hour deployment=27
hours.

2.6 Example of the Planning Distance Calculation for Oil Transport on Moving Navigable
Waters. The following example provides asample 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] × [1 mile/5280 feet] = 1.3 × 10

¥ 4 The average mid-channel depth is found by averaging the mid-channel depth for each mile along the length of the river betweenthe 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 × 20 feet = 13.33 feet Solve for v using:
v = 1.5/n × r 2 ⁄ 3 × s 1 ⁄ 2 : v = [1.5/0.035] × (13.33) 2 ⁄ 3 × (1.3 × 10

¥ 4 ) 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 × t × c d = (2.73 ft/sec) × (27 hours) × (0.68 sec w mile/
hr w 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 orponds 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


## 67 Environmental Protection Agency Pt. 112, App. C

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.

3 Oil Spill Prevention & Control. National Spill Control School, Corpus Christi State University, Thirteenth Edition, May 1990.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 potentiallydischarge 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 discharge on still water, A1, can be determined by the following formula, 2 where V is the volume of the discharge in gallons
and C is a constant conversion factor:
A 1 = 10 5 × V 3 ⁄ 4 × C C=0.1643
A 1 = 10 5 × (2,000,000 gallons) 3 ⁄ 4 × (0.1643)
A 1 = 8.74 × 10 8 ft 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. Althoughthe 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=† r 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 2
. A 2 = († r 2 )/2Solving for the radius, r, using the relationship A 1 = A 2 : 8.74 × 10 8 ft 2 = († 2 )/2 Therefore, r=23,586 ft r=23,586 ft ÷ 5,280 ft/mile=4.5 milesAssuming a 20 knot wind under storm conditions: 1 knot=1.15 miles/hour 20 knots × 1.15 miles/hour/knot=23 miles/hrAssuming that the oil slick moves at 3 percent of the wind’s speed: 3 23 miles/hour × 0.03=0.69 miles/hour

(5) To estimate the distance that the oilwill 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 × 0.69 miles/hr=10.4 miles For Great Lakes and all other areas: 27
hrs × 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 onworst case discharges of persistent and nonpersistent oils. Persistent oils are of primary concern because they can potentially cause harm over a greater distance. For persistentoils 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 ebbtide and to the point of maximum tidal influence or 5 miles, whichever is less, during
flood tide.

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 movingnavigable 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 × t × c d=(0.5 ft/sec) × (27 hours) × (0.68 secmile/hrft) 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 milesdownstream is the appropriate planning distance for this facility.

5.0 Oil Transport Over Land

5.1 Facility owners or operators mustevaluate 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


## 68 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. C

4 The design velocities were obtained from Howard County, Maryland Department ofPublic Works’ Storm Drainage Design Manual. 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 willflow 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 wateris negligible and can be considered instantaneous. The velocities are: 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 consideredto 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 1 , to a storm drain or anopen 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 2 , to fish and wildlife and sensitive environments not bordering navigable water.

5.5 A facility owner or operator whose nearest opportunity for discharge is located within 0.5 mile of a navigable water must complete the planning distance calculation (D3) for the type of navigable water near the facility or use a comparable formula.

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

5.7 A facility’s proximity to fish and wildlife and sensitive environments not bordering a navigable water, as depicted as D4 in Figure C–I of this attachment, must also be considered, regardless of the distancefrom the facility to navigable waters. Factors to be considered in assessing oil transport over land to fish and wildlife and sensitive environments should include the topography of the surrounding area, drainagepatterns, man-made barriers (excluding secondary containment structures), and soil distribution and porosity.

5.8 If a facility is not found to pose substantial harm to fish and wildlife and sensitive environments not bordering navigablewaters via oil transport on land, then supporting documentation should be maintained at the facility. However, such documentation should be submitted with the response plan if a facility is found to pose substantial
harm.


## 69 Environmental Protection Agency Pt. 112, App. C

[59 FR 34102, July 1, 1994, as amended at 65 FR 40798, June 30, 2000; 67 FR 47152, July 17, 2002]


## 70 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. D

1 ‘‘Storage facilities’’ represent all facilities subject to this part, excluding oil production facilities. 

### A PPENDIX 

### D TO 

### P ART 

### 112—D ETERMINA



### TION OF A 

### W ORST 

### C ASE 

### D ISCHARGE 

### P LANNING 

### V OLUME

1.0 Instructions

1.1 An owner or operator is required to complete this worksheet if the facility meets the criteria, as presented in appendix C to this part, or it is determined by the RA that the facility could cause substantial harm to
the environment. The calculation of a worst case discharge planning volume is used foremergency planning purposes, and is required in 40 CFR 112.20 for facility owners or operators who must prepare a response plan. When planning for the amount of resources and equipment necessary to respond to theworst case discharge planning volume, adverse weather conditions must be taken intoconsideration. An owner or operator is required to determine the facility’s worst case discharge planning volume from either partA of this appendix for an onshore storage facility, or part B of this appendix for an onshore production facility. The worksheetconsiders the provision of adequate secondary containment at a facility.

1.2 For onshore storage facilities and production facilities, permanently manifolded oil storage tanks are defined as tanks that are designed, installed, and/or operated insuch a manner that the multiple tanks function as one storage unit (i.e., multiple tankvolumes are equalized). In a worst case discharge scenario, a single failure could cause the discharge of the contents of more thanone tank. The owner or operator must provide evidence in the response plan that tanks with common piping or piping systems are not operated as one unit. If such evidence is provided and is acceptable to the RA, the worst case discharge planning volume would be based on the capacity of the largest oil storage tank within a common secondary containment area or the largest oil storage tank within a single secondary containment area, whichever is greater. For permanently
manifolded tanks that function as one oilstorage unit, the worst case discharge planning volume would be based on the combined oil storage capacity of all manifolded tanksor the capacity of the largest single oil storage tank within a secondary containment area, whichever is greater. For purposes of this rule, permanently manifolded tanks that are separated by internal divisions for each tank are considered to be single tanks
and individual manifolded tank volumes are
not combined.

1.3 For production facilities, the presence of exploratory wells, production wells, and oil storage tanks must be considered in the calculation. Part B of this appendix takes
these additional factors into consideration and provides steps for their inclusion in the total worst case discharge planning volume. Onshore oil production facilities may include all wells, flowlines, separation equipment,storage facilities, gathering lines, and auxiliary non-transportation-related equipment and facilities in a single geographical oil orgas field operated by a single operator. Although a potential worst case discharge planning volume is calculated within each section of the worksheet, the final worst case amount depends on the risk parameter that results in the greatest volume.

1.4 Marine transportation-related transferfacilities that contain fixed aboveground onshore structures used for bulk oil storage are jointly regulated by EPA and the U.S. Coast Guard (USCG), and are termed ‘‘complexes.’’ Because the USCG also requires response plans from transportation-related facilities to address a worst case discharge of oil, aseparate calculation for the worst case discharge planning volume for USCG-related facilities is included in the USCG IFR (see appendix E to this part, section 13, for availability). All complexes that are jointly regulated by EPA and the USCG must compare both calculations for worst case discharge planning volume derived by using the EPAand USCG methodologies and plan for whichever volume is greater.

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

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

A.1 SINGLE-TANK FACILITIES

For facilities containing only one aboveground oil storage tank, the worst case discharge planning volume equals the capacityof the oil storage tank. If adequate secondary containment (sufficiently large to contain the capacity of the aboveground oil storage tank plus sufficient freeboard to allow for precipitation) exists for the oil storage tank, multiply the capacity of the tank by 0.8.

(1) FINAL WORST CASE VOLUME:

llll GAL

(2) Do not proceed further.


## 71 Environmental Protection Agency Pt. 112, App. D

2 Secondary containment is described in 40CFR part 112, subparts A through C. Acceptable methods and structures for containment are also given in 40 CFR 112.7(c)(1).

3 All complexes that are jointly regulated by EPA and the USCG must also calculate the worst case discharge planning volume forthe transportation-related portions of the facility and plan for whichever volume is greater. A.2 SECONDARY CONTAINMENT—
MULTIPLE-TANK FACILITIES

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

llll (Y/N)

A.2.1 If the answer is yes, the final worst case discharge planning volume equals thetotal aboveground oil storage capacity at the facility.

(1) FINAL WORST CASE VOLUME:

llll GAL

(2) Do not proceed further. A.2.2 If the answer is no, calculate the total aboveground oil storage capacity oftanks without adequate secondary containment. If all aboveground oil storage tanks or groups of aboveground oil storage tanks atthe facility have adequate secondary containment, ENTER ‘‘0’’ (zero).

llll GAL

A.2.3 Calculate the capacity of the largest single aboveground oil storage tank within an adequate secondary containment area orthe combined capacity of a group of aboveground oil storage tanks permanently manifolded together, whichever is greater, PLUS THE VOLUME FROM QUESTION
A.2.2.

FINAL WORST CASE VOLUME: 3

llll GAL

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

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

B.1 SINGLE-TANK FACILITIES

B.1.1 For facilities containing only one aboveground oil storage tank, the worst casedischarge planning volume equals the capacity of the aboveground oil storage tank plus the production volume of the well with the highest output at the facility. If adequate secondary containment (sufficiently large to contain the capacity of the aboveground oil storage tank plus sufficient freeboard to allow for precipitation) exists for the storage tank, multiply the capacity of the tank by
0.8.

B.1.2 For facilities with production wells producing by pumping, if the rate of the well with the highest output is known and the number of days the facility is unattended can be predicted, then the production volumeis equal to the pumping rate of the well multiplied by the greatest number of days the facility is unattended.

B.1.3 If the pumping rate of the well withthe highest output is estimated or the maximum number of days the facility is unattended is estimated, then the production volume is determined from the pumping rate of the well multiplied by 1.5 times the greatest number of days that the facility has been or is expected to be unattended.

B.1.4 Attachment D–1 to this appendixprovides methods for calculating the production volume for exploratory wells and production wells producing under pressure.

(1) FINAL WORST CASE VOLUME:

llll GAL

(2) Do not proceed further.

B.2 SECONDARY CONTAINMENT—
MULTIPLE-TANK FACILITIES

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

lll (Y/N)

B.2.1 If the answer is yes, the final worst case volume equals the total aboveground oil storage capacity without adequate secondary containment plus the production volume ofthe well with the highest output at the facility.

(1) For facilities with production wells producing by pumping, if the rate of the well with the highest output is known and the number of days the facility is unattended can be predicted, then the production volumeis equal to the pumping rate of the well multiplied by the greatest number of days the facility is unattended.

(2) If the pumping rate of the well with the highest output is estimated or the maximum number of days the facility is unattended isestimated, then the production volume is determined from the pumping rate of the well multiplied by 1.5 times the greatest numberof days that the facility has been or is expected to be unattended.

(3) Attachment D–1 to this appendix provides methods for calculating the productionvolumes for exploratory wells and production wells producing under pressure.

(A) FINAL WORST CASE VOLUME:

llll GAL

(B) Do not proceed further.


## 72 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. D

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

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

llll GAL

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

(1) FINAL WORST CASE VOLUME: 4

llll GAL

(2) Do not proceed further.

A TTACHMENTS TO A PPENDIX D

A TTACHMENT D–I—M ETHODS T O C ALCULATE

P RODUCTION V OLUMES FOR P RODUCTION F A

CILITIES W ITH E XPLORATORY W ELLS OR P RO

DUCTION W ELLS P RODUCING U NDER P RES

SURE

1.0 Introduction

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

2.0 Description of Methods

2.1 Method AIf the well rate would overwhelm the response efforts (i.e., rate of well/rate of recovery ≥ 1), then the production volume would be the 30-day forecasted well rate for a well10,000 feet deep or less, or the 45-day forecasted well rate for a well deeper than 10,000
feet.

(1) For wells 10,000 feet deep or less: Production volume=30 days × rate of well. (2) For wells deeper than 10,000 feet: Production volume=45 days × rate of well.

2.2 Method B 2.2.1 If the rate of recovery would be greater than the well rate (i.e., rate of well/rate of recovery <1), then the production volume would equal the sum of two terms:

Production volume=discharge volume 1 + discharge volume 2 2.2.2 The first term represents the volume of the oil discharged from the well between
the time of the blowout and the time the response resources are on scene and recovering oil (discharge volume 1 ).

Discharge volume 1 = (days unattended+days to respond) × (rate of well)

2.2.3 The second term represents the volume of oil discharged from the well after the response resources begin operating until thedischarge is stopped, adjusted for the recovery rate of the response resources (discharge
volume 2 ).

(1) For wells 10,000 feet deep or less: Discharge volume 2 = [30 days

¥ (days unattended + days to respond)] × (rate of well)

× (rate of well/rate of recovery) (2) For wells deeper than 10,000 feet: Discharge volume 2 = [45 days

¥ (days unattended + days to respond)] × (rate of well)

× (rate of well/rate of recovery)

3.0 Example

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

(1) First, the facility operator determines that the highest output well is well B. The facility operator calculates the ratio of the rate of well to the rate of recovery:

10 barrels per day/20 barrels per day=0.5 Because the ratio is less than one, the facility operator will use Method B to calculate the production volume.

(2) The first term of the equation is:

Discharge volume 1 = (7 days + 2 days) × (10 barrels per day)=90 barrels

(3) The second term of the equation is:

Discharge volume 2 = [30 days—(7 days + 2 days)] × (10 barrels per day) × (0.5)=105
barrels

(4) Therefore, the production volume is:

Production volume=90 barrels + 105
barrels=195 barrels


## 73 Environmental Protection Agency Pt. 112, App. E

3.2 If the recovery rate was 5 barrels perday, the ratio of rate of well to rate of recovery would be 2, so the facility operator would use Method A. The production volume would
have been:
30 days × 10 barrels per day=300 barrels

[59 FR 34110, July 1, 1994; 59 FR 49006, Sept. 26, 1994, as amended at 65 FR 40800, June 30, 2000; 67 FR 47152, July 17, 2002]



### A PPENDIX 

### E TO 

### P ART 

### 112—D ETERMINA



### TION AND 

### E VALUATION OF 

### R EQUIRED 

### R ESPONSE 

### R ESOURCES FOR 

### F ACILITY 

### R ESPONSE 

### P LANS

1.0 Purpose and Definitions

1.1 The purpose of this appendix is to describe the procedures to identify response resources to meet the requirements of §112.20. To identify response resources to meet the facility response plan requirements of 40CFR 112.20(h), owners or operators shall follow this appendix or, where not appropriate, shall clearly demonstrate in the responseplan why use of this appendix is not appropriate at the facility and make comparable arrangements for response resources.

1.2 Definitions.
1.2.1 Animal fat means a non-petroleum oil, fat, or grease of animal, fish, or marine mammal origin. Animal fats are furtherclassified based on specific gravity as follows:

(1) Group A—specific gravity less than 0.8. (2) Group B—specific gravity equal to or greater than 0.8 and less than 1.0.

(3) Group C—specific gravity equal to or greater than 1.0.

1.2.2 Nearshore is an operating area defined as extending seaward 12 miles from theboundary lines defined in 46 CFR part 7, except in the Gulf of Mexico. In the Gulf of Mexico, it means the area extending 12 miles from the line of demarcation (COLREG lines)
defined in 49 CFR 80.740 and 80.850.

1.2.3 Non-persistent oils or Group 1 oils include:

(1) A petroleum-based oil that, at the timeof shipment, consists of hydrocarbon fractions:

(A) At least 50 percent of which by volume, distill at a temperature of 340 degrees C (645 degrees F); and

(B) At least 95 percent of which by volume, distill at a temperature of 370 degrees C (700 degrees F); and

(2) A non-petroleum oil, other than an animal fat or vegetable oil, with a specific gravity less than 0.8.

1.2.4 Non-petroleum oil means oil of any kind that is not petroleum-based, including but not limited to: fats, oils, and greases of animal, fish, or marine mammal origin; and vegetable oils, including oils from seeds, nuts, fruits, and kernels. 1.2.5 Ocean means the nearshore area.
1.2.6 Operating area means Rivers and Canals, Inland, Nearshore, and Great Lakes geographic location(s) in which a facility is handling, storing, or transporting oil.

1.2.7 Operating environment means Rivers and Canals, Inland, Great Lakes, or Ocean.
These terms are used to define the conditions in which response equipment is designed to function.

1.2.8 Persistent oils include: (1) A petroleum-based oil that does notmeet the distillation criteria for a non-persistent oil. Persistent oils are further classified based on specific gravity as follows:

(A) Group 2—specific gravity less than 0.85; (B) Group 3—specific gravity equal to or greater than 0.85 and less than 0.95;

(C) Group 4—specific gravity equal to or greater than 0.95 and less than 1.0; or

(D) Group 5—specific gravity equal to or greater than 1.0.

(2) A non-petroleum oil, other than an animal fat or vegetable oil, with a specific gravity of 0.8 or greater. These oils are furtherclassified based on specific gravity as follows:

(A) Group 2—specific gravity equal to or greater than 0.8 and less than 0.85;

(B) Group 3—specific gravity equal to or greater than 0.85 and less than 0.95;

(C) Group 4—specific gravity equal to or greater than 0.95 and less than 1.0; or

(D) Group 5—specific gravity equal to or greater than 1.0.

1.2.9 Vegetable oil means a non-petroleum oil or fat of vegetable origin, including but
not limited to oils and fats derived fromplant seeds, nuts, fruits, and kernels. Vegetable oils are further classified based on specific gravity as follows:

(1) Group A—specific gravity less than 0.8. (2) Group B—specific gravity equal to or greater than 0.8 and less than 1.0.

(3) Group C—specific gravity equal to or greater than 1.0.

1.2.10 Other definitions are included in §112.2, section 1.1 of appendix C, and section 3.0 of appendix F.

2.0 Equipment Operability and Readiness

2.1 All equipment identified in a responseplan must be designed to operate in the conditions expected in the facility’s geographic area (i.e., operating environment). These conditions vary widely based on location and season. Therefore, it is difficult to identify a single stockpile of response equipment that will function effectively in each geographic location (i.e., operating area).

2.2 Facilities handling, storing, or transporting oil in more than one operating environment as indicated in Table 1 of this appendix must identify equipment capable of successfully functioning in each operating
environment.


## 74 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. E

2.3 When identifying equipment for theresponse plan (based on the use of this appendix), a facility owner or operator must
consider the inherent limitations of theoperability of equipment components and response systems. The criteria in Table 1 of this appendix shall be used to evaluate the operability in a given environment. Thesecriteria reflect the general conditions in certain operating environments.

2.3.1 The Regional Administrator may require documentation that the boom identified in a facility response plan meets the criteria in Table 1 of this appendix. Absent acceptable documentation, the Regional Administrator may require that the boom be
tested to demonstrate that it meets the criteria in Table 1 of this appendix. Testing must be in accordance with ASTM F 715, ASTM F 989, or other tests approved by EPA as deemed appropriate (see appendix E to this part, section 13, for general availability of documents).

2.4 Table 1 of this appendix lists criteria for oil recovery devices and boom. All other equipment necessary to sustain or supportresponse operations in an operating environment must be designed to function in thesame conditions. For example, boats that deploy or support skimmers or boom must becapable of being safely operated in the significant wave heights listed for the applicable operating environment.

2.5 A facility owner or operator shall refer to the applicable Area Contingency Plan (ACP), where available, to determine if ice,debris, and weather-related visibility are significant factors to evaluate the operability of equipment. The ACP may also identify the average temperature ranges expected in thefacility’s operating area. All equipment identified in a response plan must be designed to operate within those conditions or ranges.

2.6 This appendix provides information on response resource mobilization and response times. The distance of the facility from the storage location of the response resources
must be used to determine whether the resources can arrive on-scene within the statedtime. A facility owner or operator shall include the time for notification, mobilization,
and travel of resources identified to meet themedium and Tier 1 worst case discharge requirements identified in sections 4.3 and 9.3 of this appendix (for medium discharges) and section 5.3 of this appendix (for worst case discharges). The facility owner or operator must plan for notification and mobilizationof Tier 2 and 3 response resources as necessary to meet the requirements for arrival
on-scene in accordance with section 5.3 of this appendix. An on-water speed of 5 knotsand a land speed of 35 miles per hour is assumed, unless the facility owner or operator
can demonstrate otherwise.

2.7 In identifying equipment, the facilityowner or operator shall list the storage location, quantity, and manufacturer’s make and model. For oil recovery devices, the effective daily recovery capacity, as determined using section 6 of this appendix, must be included. For boom, the overall boom height (draft and freeboard) shall be included. A facility owner or operator is responsible for ensuring thatthe identified boom has compatible connectors.

3.0 Determining Response Resources Required

for Small Discharges—Petroleum Oils and
Non-Petroleum Oils Other Than Animal Fats and Vegetable Oils

3.1 A facility owner or operator shallidentify sufficient response resources available, by contract or other approved means asdescribed in §112.2, to respond to a small discharge. A small discharge is defined as any discharge volume less than or equal to 2,100 gallons, but not to exceed the calculated worst case discharge. The equipment must bedesigned to function in the operating environment at the point of expected use.

3.2 Complexes that are regulated by EPA and the United States Coast Guard (USCG) must also consider planning quantities for the transportation-related transfer portion of the facility.

3.2.1 Petroleum oils. The USCG planninglevel that corresponds to EPA’s ‘‘small discharge’’ is termed ‘‘the average most probable discharge.’’ A USCG rule found at 33CFR 154.1020 defines ‘‘the average most probable discharge’’ as the lesser of 50 barrels (2,100 gallons) or 1 percent of the volume ofthe worst case discharge. Owners or operators of complexes that handle, store, or transport petroleum oils must compare oil discharge volumes for a small discharge and an average most probable discharge, and plan for whichever quantity is greater.

3.2.2 Non-petroleum oils other than animal fats and vegetable oils. Owners or operators of complexes that handle, store, or transport non-petroleum oils other than animal fatsand vegetable oils must plan for oil discharge volumes for a small discharge. Thereis no USCG planning level that directly corresponds to EPA’s ‘‘small discharge.’’ However, the USCG (at 33 CFR 154.545) has requirements to identify equipment to contain oil resulting from an operational discharge.

3.3 The response resources shall, as appropriate, include:

3.3.1 One thousand feet of containment boom (or, for complexes with marine transfer components, 1,000 feet of containment boom or two times the length of the largest vessel that regularly conducts oil transfers to or from the facility, whichever is greater), and a means of deploying it within 1 hour of the discovery of a discharge;

3.3.2 Oil recovery devices with an effective daily recovery capacity equal to theamount of oil discharged in a small discharge or greater which is available at the


## 75 Environmental Protection Agency Pt. 112, App. E

facility within 2 hours of the detection of an oil discharge; and

3.3.3 Oil storage capacity for recovered oily material indicated in section 12.2 of this appendix.

4.0 Determining Response Resources Required

for Medium Discharges—Petroleum Oils and
Non-Petroleum Oils Other Than Animal Fats and Vegetable Oils

4.1 A facility owner or operator shallidentify sufficient response resources available, by contract or other approved means as described in §112.2, to respond to a mediumdischarge of oil for that facility. This will require response resources capable of containing and collecting up to 36,000 gallons of oil or 10 percent of the worst case discharge, whichever is less. All equipment identified must be designed to operate in the applicable operating environment specified in Table 1 of this appendix.

4.2 Complexes that are regulated by EPA and the USCG must also consider planning quantities for the transportation-related transfer portion of the facility.

4.2.1 Petroleum oils. The USCG planning level that corresponds to EPA’s ‘‘medium discharge’’ is termed ‘‘the maximum most probable discharge.’’ The USCG rule found at 33 CFR part 154 defines ‘‘the maximum most probable discharge’’ as a discharge of 1,200 barrels (50,400 gallons) or 10 percent of theworst case discharge, whichever is less. Owners or operators of complexes that handle,store, or transport petroleum oils must compare calculated discharge volumes for a medium discharge and a maximum most probable discharge, and plan for whichever quantity is greater.

4.2.2 Non-petroleum oils other than animal fats and vegetable oils. Owners or operators of complexes that handle, store, or transport non-petroleum oils other than animal fatsand vegetable oils must plan for oil discharge volumes for a medium discharge. Fornon-petroleum oils, there is no USCG planning level that directly corresponds to EPA’s ‘‘medium discharge.’’

4.3 Oil recovery devices identified to meet the applicable medium discharge volume planning criteria must be located such that they are capable of arriving on-scene within 6 hours in higher volume port areas and the
Great Lakes and within 12 hours in all other areas. Higher volume port areas and GreatLakes areas are defined in section 1.1 of appendix C to this part.

4.4 Because rapid control, containment,
and removal of oil are critical to reduce discharge impact, the owner or operator mustdetermine response resources using an effective daily recovery capacity for oil recovery devices equal to 50 percent of the planningvolume applicable for the facility as determined in section 4.1 of this appendix. The effective daily recovery capacity for oil recovery devices identified in the plan must be determined using the criteria in section 6 of this appendix.

4.5 In addition to oil recovery capacity,the plan shall, as appropriate, identify sufficient quantity of containment boom available, by contract or other approved means asdescribed in §112.2, to arrive within the required response times for oil collection and containment and for protection of fish and
wildlife and sensitive environments. For further description of fish and wildlife and sensitive environments, see Appendices I, II, and III to DOC/NOAA’s ‘‘Guidance for Facility and Vessel Response Plans: Fish and Wildlife and Sensitive Environments’’ (see appendix E to this part, section 13, for availability) and the applicable ACP. Although 40 CFR part 112 does not set required quantities of boom for oil collection and containment, the response plan shall identify and ensure, bycontract or other approved means as described in §112.2, the availability of the quantity of boom identified in the plan for this purpose.

4.6 The plan must indicate the availability of temporary storage capacity tomeet section 12.2 of this appendix. If available storage capacity is insufficient to meet this level, then the effective daily recovery capacity must be derated (downgraded) to the limits of the available storage capacity.

4.7 The following is an example of a medium discharge volume planning calculationfor equipment identification in a higher volume port area: The facility’s largest aboveground storage tank volume is 840,000 gallons. Ten percent of this capacity is 84,000 gallons. Because 10 percent of the facility’s largest tank, or 84,000 gallons, is greater than 36,000 gallons, 36,000 gallons is used asthe planning volume. The effective daily recovery capacity is 50 percent of the planning volume, or 18,000 gallons per day. The ability of oil recovery devices to meet this capacity must be calculated using the procedures insection 6 of this appendix. Temporary storage capacity available on-scene must equaltwice the daily recovery capacity as indicated in section 12.2 of this appendix, or36,000 gallons per day. This is the information the facility owner or operator must use to identify and ensure the availability of the required response resources, by contract or other approved means as described in §112.2. The facility owner shall also identify how
much boom is available for use.

5.0 Determining Response Resources Required

for the Worst Case Discharge to the Maximum
Extent Practicable

5.1 A facility owner or operator shall identify and ensure the availability of, by


## 76 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. E

contract or other approved means as described in §112.2, sufficient response resources to respond to the worst case discharge of oil to the maximum extent practicable. Sections 7 and 10 of this appendix describe the method to determine the necessary response resources. Worksheets are provided as Attachments E–1 and E–2 at theend of this appendix to simplify the procedures involved in calculating the planning volume for response resources for the worst case discharge.

5.2 Complexes that are regulated by EPA and the USCG must also consider planningfor the worst case discharge at the transportation-related portion of the facility. The USCG requires that transportation-related facility owners or operators use a different calculation for the worst case discharge in the revisions to 33 CFR part 154. Owners oroperators of complex facilities that are regulated by EPA and the USCG must compareboth calculations of worst case discharge derived by EPA and the USCG and plan for whichever volume is greater.

5.3 Oil discharge response resources identified in the response plan and available, bycontract or other approved means as described in §112.2, to meet the applicable worst case discharge planning volume mustbe located such that they are capable of arriving at the scene of a discharge within the times specified for the applicable response
tier listed as follows

Tier 1 (in hours) Tier 2 (in hours) Tier 3 (in hours)

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

The three levels of response tiers apply to the amount of time in which facility ownersor operators must plan for response resources to arrive at the scene of a dischargeto respond to the worst case discharge planning volume. For example, at a worst case discharge in an inland area, the first tier of response resources ( i.e., that amount of onwater and shoreline cleanup capacity necessary to respond to the fraction of the worstcase discharge as indicated through the series of steps described in sections 7.2 and 7.3 or sections 10.2 and 10.3 of this appendix) would arrive at the scene of the discharge within 12 hours; the second tier of response resources would arrive within 36 hours; andthe third tier of response resources would arrive within 60 hours.

5.4 The effective daily recovery capacityfor oil recovery devices identified in the response plan must be determined using thecriteria in section 6 of this appendix. A facility owner or operator shall identify the storage locations of all response resources usedfor each tier. The owner or operator of a facility whose required daily recovery capacity exceeds the applicable contracting caps inTable 5 of this appendix shall, as appropriate, identify sources of additional equipment, their location, and the arrangementsmade to obtain this equipment during a response. The owner or operator of a facility whose calculated planning volume exceeds the applicable contracting caps in Table 5 of this appendix shall, as appropriate, identify sources of additional equipment equal to twice the cap listed in Tier 3 or the amount necessary to reach the calculated planning volume, whichever is lower. The resources identified above the cap shall be capable of arriving on-scene not later than the Tier 3 response times in section 5.3 of this appendix. No contract is required. While general listings of available response equipment may be used to identify additional sources (i.e., ‘‘public’’ resources vs. ‘‘private’’ resources), the response plan shall identify the specificsources, locations, and quantities of equipment that a facility owner or operator hasconsidered in his or her planning. When listing USCG-classified oil spill removal organization(s) that have sufficient removal capacity to recover the volume above the responsecapacity cap for the specific facility, as specified in Table 5 of this appendix, it is notnecessary to list specific quantities of equipment.

5.5 A facility owner or operator shallidentify the availability of temporary storage capacity to meet section 12.2 of this appendix. If available storage capacity is insufficient, then the effective daily recovery capacity must be derated (downgraded) to the limits of the available storage capacity.

5.6 When selecting response resources necessary to meet the response plan requirements, the facility owner or operator shall, as appropriate, ensure that a portion of those resources is capable of being used in close-to-shore response activities in shallow water. For any EPA-regulated facility that is required to plan for response in shallowwater, at least 20 percent of the on-water response equipment identified for the applicable operating area shall, as appropriate, be capable of operating in water of 6 feet or less depth.

5.7 In addition to oil spill recovery devices, a facility owner or operator shall identify sufficient quantities of boom that are available, by contract or other approvedmeans as described in §112.2, to arrive onVerDate Sep<11>2014 10:27 Sep 02, 2015 Jkt 235172 PO 00000 Frm 00086 Fmt 8010 Sfmt 8002 Y:\SGML\235172.XXX 235172Lhorne on DSK5TPTVN1PROD with CFR

## 77 Environmental Protection Agency Pt. 112, App. E

scene within the specified response times for oil containment and collection. The specific quantity of boom required for collection andcontainment will depend on the facility-specific information and response strategies employed. A facility owner or operator shall, asappropriate, also identify sufficient quantities of oil containment boom to protect
fish and wildlife and sensitive environments. For further description of fish and wildlife and sensitive environments, see Appendices I, II, and III to DOC/NOAA’s ‘‘Guidance for Facility and Vessel Response Plans: Fish and Wildlife and Sensitive Environments’’ (seeappendix E to this part, section 13, for availability), and the applicable ACP. Refer to this guidance document for the number of days and geographic areas ( i.e., operating environments) specified in Table 2 and Table 6 of this appendix.

5.8 A facility owner or operator shall also identify, by contract or other approved means as described in §112.2, the availabilityof an oil spill removal organization(s) (as described in §112.2) capable of responding to a shoreline cleanup operation involving the
calculated volume of oil and emulsified oil that might impact the affected shoreline. The volume of oil that shall, as appropriate,be planned for is calculated through the application of factors contained in Tables 2, 3,6, and 7 of this appendix. The volume calculated from these tables is intended to assist the facility owner or operator to identifyan oil spill removal organization with sufficient resources and expertise.

6.0 Determining Effective Daily Recovery Capacity for Oil Recovery Devices

6.1 Oil recovery devices identified by a facility owner or operator must be identified by the manufacturer, model, and effective daily recovery capacity. These capacities
must be used to determine whether there is sufficient capacity to meet the applicableplanning criteria for a small discharge, a medium discharge, and a worst case discharge to the maximum extent practicable.

6.2 To determine the effective daily recovery capacity of oil recovery devices, the formula listed in section 6.2.1 of this appendixshall be used. This formula considers potential limitations due to available daylight, weather, sea state, and percentage of
emulsified oil in the recovered material. The RA may assign a lower efficiency factor to equipment listed in a response plan if it is
determined that such a reduction is warranted.

6.2.1 The following formula shall be usedto calculate the effective daily recovery capacity:

R = T × 24 hours × E

where:
R—Effective daily recovery capacity; T—Throughput rate in barrels per hour (nameplate capacity); andE—20 percent efficiency factor (or lower factor as determined by the Regional Administrator).

6.2.2 For those devices in which the pump limits the throughput of liquid, throughputrate shall be calculated using the pump capacity.

6.2.3 For belt or moptype devices, the throughput rate shall be calculated using the speed of the belt or mop through the device,assumed thickness of oil adhering to or collected by the device, and surface area of the belt or mop. For purposes of this calculation,
the assumed thickness of oil will be 1 ⁄ 4 inch.6.2.4 Facility owners or operators that include oil recovery devices whose throughput is not measurable using a pump capacity or belt/mop speed may provide information tosupport an alternative method of calculation. This information must be submitted following the procedures in section 6.3.2 of this appendix.

6.3 As an alternative to section 6.2 of this appendix, a facility owner or operator maysubmit adequate evidence that a different effective daily recovery capacity should be applied for a specific oil recovery device. Adequate evidence is actual verified performance data in discharge conditions or testsusing American Society of Testing and Materials (ASTM) Standard F 631–99, F 808–83 (1999), or an equivalent test approved by EPA as deemed appropriate (see Appendix E to this part, section 13, for general availability of documents).

6.3.1 The following formula must be usedto calculate the effective daily recovery capacity under this alternative:

R = D × U

where: R—Effective daily recovery capacity; D—Average Oil Recovery Rate in barrels per hour (Item 26 in F 808–83; Item 13.2.16 in F 631–99; or actual performance data);
andU—Hours per day that equipment can operate under discharge conditions. Tenhours per day must be used unless a facility owner or operator can demonstratethat the recovery operation can be sustained for longer periods.6.3.2 A facility owner or operator submitting a response plan shall provide data thatsupports the effective daily recovery capacities for the oil recovery devices listed. Thefollowing is an example of these calculations:

(1) A weir skimmer identified in a response plan has a manufacturer’s rated throughput at the pump of 267 gallons per minute (gpm).

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


## 78 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. E

(2) After testing using ASTM procedures,the skimmer’s oil recovery rate is determined to be 220 gpm. The facility owner oroperator identifies sufficient resources available to support operations for 12 hours per day.
220 gpm=314 bph R=314 bph × 12 hr/day=3,768 barrels per day

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

7.0 Calculating Planning Volumes for a Worst

Case Discharge—Petroleum Oils and Non-Petroleum Oils Other Than Animal Fats and Vegetable Oils

7.1 A facility owner or operator shall planfor a response to the facility’s worst case discharge. The planning for on-water oil recovery must take into account a loss of some oil to the environment due to evaporative and natural dissipation, potential increases involume due to emulsification, and the potential for deposition of oil on the shoreline. The procedures for non-petroleum oils otherthan animal fats and vegetable oils are discussed in section 7.7 of this appendix.

7.2 The following procedures must be usedby a facility owner or operator in determining the required on-water oil recovery capacity:

7.2.1 The following must be determined: the worst case discharge volume of oil in the facility; the appropriate group(s) for the types of oil handled, stored, or transported at the facility [persistent (Groups 2, 3, 4, 5)or non-persistent (Group 1)]; and the facility’s specific operating area. See sections 1.2.3 and 1.2.8 of this appendix for the definitionsof non-persistent and persistent oils, respectively. Facilities that handle, store, or transport oil from different oil groups must calculate each group separately, unless the oilgroup constitutes 10 percent or less by volume of the facility’s total oil storage capacity. This information is to be used with Table 2 of this appendix to determine the percentages of the total volume to be used for removal capacity planning. Table 2 of this appendix divides the volume into three categories: oil lost to the environment; oil deposited on the shoreline; and oil available for on-water recovery.

7.2.2 The on-water oil recovery volume shall, as appropriate, be adjusted using the appropriate emulsification factor found inTable 3 of this appendix. Facilities that handle, store, or transport oil from different petroleum groups must compare the on-water recovery volume for each oil group (unless the oil group constitutes 10 percent or lessby volume of the facility’s total storage capacity) and use the calculation that results in the largest on-water oil recovery volume to plan for the amount of response resources for a worst case discharge.

7.2.3 The adjusted volume is multiplied bythe on-water oil recovery resource mobilization factor found in Table 4 of this appendixfrom the appropriate operating area and response tier to determine the total on-water oil recovery capacity in barrels per day that
must be identified or contracted to arrive on-scene within the applicable time for each response tier. Three tiers are specified. For higher volume port areas, the contracted
tiers of resources must be located such that they are capable of arriving on-scene within 6 hours for Tier 1, 30 hours for Tier 2, and 54hours for Tier 3 of the discovery of an oil discharge. For all other rivers and canals, inland, nearshore areas, and the Great Lakes, these tiers are 12, 36, and 60 hours.

7.2.4 The resulting on-water oil recovery capacity in barrels per day for each tier is used to identify response resources necessaryto sustain operations in the applicable operating area. The equipment shall be capable of sustaining operations for the time periodspecified in Table 2 of this appendix. The facility owner or operator shall identify and ensure the availability, by contract or otherapproved means as described in §112.2, of sufficient oil spill recovery devices to providethe effective daily oil recovery capacity required. If the required capacity exceeds theapplicable cap specified in Table 5 of this appendix, then a facility owner or operator shall ensure, by contract or other approved means as described in §112.2, only for the quantity of resources required to meet the cap, but shall identify sources of additional
resources as indicated in section 5.4 of this appendix. The owner or operator of a facility whose planning volume exceeded the cap in 1993 must make arrangements to identify and ensure the availability, by contract or other approved means as described in §112.2, for additional capacity to be under contract by 1998 or 2003, as appropriate. For a facilitythat handles multiple groups of oil, the required effective daily recovery capacity for each oil group is calculated before applying the cap. The oil group calculation resulting in the largest on-water recovery volumemust be used to plan for the amount of response resources for a worst case discharge, unless the oil group comprises 10 percent orless by volume of the facility’s total oil storage capacity.

7.3 The procedures discussed in sections 7.3.1–7.3.3 of this appendix must be used tocalculate the planning volume for identifying shoreline cleanup capacity (for Group 1 through Group 4 oils).

7.3.1 The following must be determined: the worst case discharge volume of oil for


## 79 Environmental Protection Agency Pt. 112, App. E

the facility; the appropriate group(s) for the types of oil handled, stored, or transported at the facility [persistent (Groups 2, 3, or 4)or non-persistent (Group 1)]; and the geographic area(s) in which the facility operates ( i.e. , operating areas). For a facility handling, storing, or transporting oil from different groups, each group must be calculated separately. Using this information, Table 2 of this appendix must be used to determine the percentages of the total volume to be used for shoreline cleanup resource planning.

7.3.2 The shoreline cleanup planning volume must be adjusted to reflect an emulsification factor using the same procedure as described in section 7.2.2 of this appendix.

7.3.3 The resulting volume shall be used to identify an oil spill removal organizationwith the appropriate shoreline cleanup capability.

7.4 A response plan must identify response resources with fire fighting capability. The owner or operator of a facility that handles, stores, or transports Group 1through Group 4 oils that does not have adequate fire fighting resources located at the facility or that cannot rely on sufficient local fire fighting resources must identify adequate fire fighting resources. The facility owner or operator shall ensure, by contract or other approved means as described in §112.2, the availability of these resources.The response plan must also identify an individual located at the facility to work with the fire department for Group 1 through Group 4 oil fires. This individual shall alsoverify that sufficient well-trained fire fighting resources are available within a reasonable response time to a worst case scenario.The individual may be the qualified individual identified in the response plan or another appropriate individual located at the facility.

7.5 The following is an example of the procedure described above in sections 7.2 and 7.3of this appendix: A facility with a 270,000 barrel (11.3 million gallons) capacity for #6 oil (specific gravity 0.96) is located in a highervolume port area. The facility is on a peninsula and has docks on both the ocean and bay sides. The facility has four abovegroundoil storage tanks with a combined total capacity of 80,000 barrels (3.36 million gallons)and no secondary containment. The remaining facility tanks are inside secondary containment structures. The largest aboveground oil storage tank (90,000 barrels or 3.78million gallons) has its own secondary containment. Two 50,000 barrel (2.1 million gallon) tanks (that are not connected by a manifold) are within a common secondary containment tank area, which is capable of holding 100,000 barrels (4.2 million gallons) plus sufficient freeboard.

7.5.1 The worst case discharge for the facility is calculated by adding the capacity of all aboveground oil storage tanks without secondary containment (80,000 barrels) plus the capacity of the largest aboveground oil storage tank inside secondary containment. The resulting worst case discharge volume is 170,000 barrels or 7.14 million gallons.

7.5.2 Because the requirements for Tiers 1, 2, and 3 for inland and nearshore exceed the caps identified in Table 5 of this appendix,the facility owner will contract for a response to 10,000 barrels per day (bpd) for Tier 1, 20,000 bpd for Tier 2, and 40,000 bpd for Tier 3. Resources for the remaining 7,850 bpd for Tier 1, 9,750 bpd for Tier 2, and 7,600 bpd for
Tier 3 shall be identified but need not be contracted for in advance. The facility owner or operator shall, as appropriate, also identify or contract for quantities of boom identified in their response plan for the protection of
fish and wildlife and sensitive environments within the area potentially impacted by a worst case discharge from the facility. For further description of fish and wildlife and sensitive environments, see Appendices I, II,
and III to DOC/NOAA’s ‘‘Guidance for Facility and Vessel Response Plans: Fish and Wildlife and Sensitive Environments,’’ (seeappendix E to this part, section 13, for availability) and the applicable ACP. Attachment C–III to Appendix C provides a method for calculating a planning distance to fish andwildlife and sensitive environments and public drinking water intakes that may be impacted in the event of a worst case discharge.

7.6 The procedures discussed in sections 7.6.1–7.6.3 of this appendix must be used to determine appropriate response resources for facilities with Group 5 oils.

7.6.1 The owner or operator of a facility that handles, stores, or transports Group 5oils shall, as appropriate, identify the response resources available by contract or other approved means, as described in §112.2. The equipment identified in a response plan shall, as appropriate, include:

(1) Sonar, sampling equipment, or other methods for locating the oil on the bottom or suspended in the water column;

(2) Containment boom, sorbent boom, silt curtains, or other methods for containingthe oil that may remain floating on the surface or to reduce spreading on the bottom;

(3) Dredges, pumps, or other equipment necessary to recover oil from the bottom and shoreline;

(4) Equipment necessary to assess the impact of such discharges; and

(5) Other appropriate equipment necessary to respond to a discharge involving the type of oil handled, stored,, or transported.

7.6.2 Response resources identified in a response plan for a facility that handles,stores, or transports Group 5 oils under section 7.6.1 of this appendix shall be capable of being deployed (on site) within 24 hours of discovery of a discharge to the area where the facility is operating.


## 80 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. E

7.6.3 A response plan must identify response resources with fire fighting capability. The owner or operator of a facility that handles, stores, or transports Group 5 oils that does not have adequate fire fightingresources located at the facility or that cannot rely on sufficient local fire fighting resources must identify adequate fire fighting resources. The facility owner or operator shall ensure, by contract or other approved means as described in §112.2, the availability of these resources. The response plan shallalso identify an individual located at the facility to work with the fire department for Group 5 oil fires. This individual shall alsoverify that sufficient well-trained fire fighting resources are available within a reasonable response time to respond to a worst casedischarge. The individual may be the qualified individual identified in the responseplan or another appropriate individual located at the facility.

7.7 Non-petroleum oils other than animal fats and vegetable oils. The procedures described in sections 7.7.1 through 7.7.5 of thisappendix must be used to determine appropriate response plan development and evaluation criteria for facilities that handle, store, or transport non-petroleum oils other than animal fats and vegetable oils. Refer to section 11 of this appendix for information
on the limitations on the use of chemical agents for inland and nearshore areas.

7.7.1 An owner or operator of a facilitythat handles, stores, or transports non-petroleum oils other than animal fats and vegetable oils must provide information in his or her plan that identifies:

(1) Procedures and strategies for responding to a worst case discharge to the maximum extent practicable; and

(2) Sources of the equipment and supplies necessary to locate, recover, and mitigate such a discharge.

7.7.2 An owner or operator of a facilitythat handles, stores, or transports non-petroleum oils other than animal fats and vegetable oils must ensure that any equipmentidentified in a response plan is capable of operating in the conditions expected in the geographic area(s) ( i.e., operating environments) in which the facility operates using the criteria in Table 1 of this appendix. When evaluating the operability of equipment, thefacility owner or operator must consider limitations that are identified in the appropriate ACPs, including:

(1) Ice conditions; (2) Debris; (3) Temperature ranges; and (4) Weather-related visibility. 7.7.3 The owner or operator of a facilitythat handles, stores, or transports non-petroleum oils other than animal fats and vegetable oils must identify the response resources that are available by contract or other approved means, as described in §112.2. The equipment described in the response plan shall, as appropriate, include:

(1) Containment boom, sorbent boom, or other methods for containing oil floating onthe surface or to protect shorelines from impact;

(2) Oil recovery devices appropriate for the type of non-petroleum oil carried; and

(3) Other appropriate equipment necessary to respond to a discharge involving the type
of oil carried.

7.7.4 Response resources identified in a response plan according to section 7.7.3 of this appendix must be capable of commencing aneffective on-scene response within the applicable tier response times in section 5.3 of this appendix.

7.7.5 A response plan must identify response resources with fire fighting capability. The owner or operator of a facilitythat handles, stores, or transports non-petroleum oils other than animal fats and vegetable oils that does not have adequate fire fighting resources located at the facility or that cannot rely on sufficient local fire fighting resources must identify adequatefire fighting resources. The owner or operator shall ensure, by contract or other approved means as described in §112.2, the availability of these resources. The response plan must also identify an individual locatedat the facility to work with the fire department for fires of these oils. This individual shall also verify that sufficient well-trained fire fighting resources are available within areasonable response time to a worst case scenario. The individual may be the qualified individual identified in the response plan or another appropriate individual located at the facility.

8.0 Determining Response Resources Required

for Small Discharges—Animal Fats and Vegetable Oils

8.1 A facility owner or operator shallidentify sufficient response resources available, by contract or other approved means asdescribed in §112.2, to respond to a small discharge of animal fats or vegetable oils. A small discharge is defined as any discharge volume less than or equal to 2,100 gallons,
but not to exceed the calculated worst case discharge. The equipment must be designed to function in the operating environment at the point of expected use.

8.2 Complexes that are regulated by EPA and the USCG must also consider planningquantities for the marine transportation-related portion of the facility.

8.2.1 The USCG planning level that corresponds to EPA’s ‘‘small discharge’’ istermed ‘‘the average most probable discharge.’’ A USCG rule found at 33 CFR 154.1020 defines ‘‘the average most probable discharge’’ as the lesser of 50 barrels (2,100 gallons) or 1 percent of the volume of the worst case discharge. Owners or operators of


## 81 Environmental Protection Agency Pt. 112, App. E

complexes that handle, store, or transport animal fats and vegetable oils must compare oil discharge volumes for a small discharge and an average most probable discharge, and plan for whichever quantity is greater.

8.3 The response resources shall, as appropriate, include:

8.3.1 One thousand feet of containment boom (or, for complexes with marine transfer components, 1,000 feet of containment boom or two times the length of the largest vessel that regularly conducts oil transfers to or from the facility, whichever is greater), and a means of deploying it within 1 hour of the discovery of a discharge;

8.3.2 Oil recovery devices with an effective daily recovery capacity equal to theamount of oil discharged in a small discharge or greater which is available at the facility within 2 hours of the detection of a discharge; and

8.3.3 Oil storage capacity for recovered oily material indicated in section 12.2 of this appendix.

9.0 Determining Response Resources Required

for Medium Discharges—Animal Fats and Vegetable Oils

9.1 A facility owner or operator shallidentify sufficient response resources available, by contract or other approved means as described in §112.2, to respond to a medium discharge of animal fats or vegetable oils forthat facility. This will require response resources capable of containing and collecting up to 36,000 gallons of oil or 10 percent of the worst case discharge, whichever is less. Allequipment identified must be designed to operate in the applicable operating environment specified in Table 1 of this appendix.

9.2 Complexes that are regulated by EPA and the USCG must also consider planning quantities for the transportation-related transfer portion of the facility. Owners or operators of complexes that handle, store, or transport animal fats or vegetable oils must plan for oil discharge volumes for a medium discharge. For non-petroleum oils, there isno USCG planning level that directly corresponds to EPA’s ‘‘medium discharge.’’ Although the USCG does not have planning requirements for medium discharges, they do have requirements (at 33 CFR 154.545) to identify equipment to contain oil resulting from an operational discharge.

9.3 Oil recovery devices identified to meet the applicable medium discharge volume planning criteria must be located such that they are capable of arriving on-scene within 6 hours in higher volume port areas and the
Great Lakes and within 12 hours in all other areas. Higher volume port areas and GreatLakes areas are defined in section 1.1 of appendix C to this part.

9.4 Because rapid control, containment,
and removal of oil are critical to reduce discharge impact, the owner or operator must determine response resources using an effective daily recovery capacity for oil recovery devices equal to 50 percent of the planningvolume applicable for the facility as determined in section 9.1 of this appendix. The effective daily recovery capacity for oil recovery devices identified in the plan must be determined using the criteria in section 6 of this appendix.

9.5 In addition to oil recovery capacity,the plan shall, as appropriate, identify sufficient quantity of containment boom available, by contract or other approved means asdescribed in §112.2, to arrive within the required response times for oil collection and containment and for protection of fish and
wildlife and sensitive environments. For further description of fish and wildlife and sensitive environments, see Appendices I, II, and III to DOC/NOAA’s ‘‘Guidance for Facility and Vessel Response Plans: Fish and Wildlife and Sensitive Environments’’ (59 FR 14713–22,March 29, 1994) and the applicable ACP. Although 40 CFR part 112 does not set requiredquantities of boom for oil collection and containment, the response plan shall identify and ensure, by contract or other approved means as described in §112.2, the availability of the quantity of boom identified in the plan for this purpose.

9.6 The plan must indicate the availability of temporary storage capacity tomeet section 12.2 of this appendix. If available storage capacity is insufficient to meet this level, then the effective daily recovery capacity must be derated (downgraded) to the limits of the available storage capacity.

9.7 The following is an example of a medium discharge volume planning calculationfor equipment identification in a higher volume port area:

The facility’s largest aboveground storage tank volume is 840,000 gallons. Ten percent of this capacity is 84,000 gallons. Because 10 percent of the facility’s largest tank, or 84,000 gallons, is greater than 36,000 gallons, 36,000 gallons is used as the planning volume. The effective daily recovery capacity is 50percent of the planning volume, or 18,000 gallons per day. The ability of oil recovery devices to meet this capacity must be calculated using the procedures in section 6 of this appendix. Temporary storage capacity available on-scene must equal twice thedaily recovery capacity as indicated in section 12.2 of this appendix, or 36,000 gallons per day. This is the information the facility owner or operator must use to identify andensure the availability of the required response resources, by contract or other approved means as described in §112.2. The facility owner shall also identify how much
boom is available for use.


## 82 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. E

10.0 Calculating Planning Volumes for a Worst

Case Discharge—Animal Fats and Vegetable
Oils.

10.1 A facility owner or operator shall plan for a response to the facility’s worst case discharge. The planning for on-water oil recovery must take into account a loss of some oil to the environment due to physical, chemical, and biological processes, potential increases in volume due to emulsification, and the potential for deposition of oil on the shoreline or on sediments. The responseplanning procedures for animal fats and vegetable oils are discussed in section 10.7 ofthis appendix. You may use alternate response planning procedures for animal fats and vegetable oils if those procedures result in environmental protection equivalent to that provided by the procedures in section 10.7 of this appendix.

10.2 The following procedures must beused by a facility owner or operator in determining the required on-water oil recovery capacity:

10.2.1 The following must be determined: the worst case discharge volume of oil in the facility; the appropriate group(s) for the types of oil handled, stored, or transportedat the facility (Groups A, B, C); and the facility’s specific operating area. See sections1.2.1 and 1.2.9 of this appendix for the definitions of animal fats and vegetable oils and groups thereof. Facilities that handle, store, or transport oil from different oil groups must calculate each group separately, unless the oil group constitutes 10 percent or less by volume of the facility’s total oil storage capacity. This information is to be used with Table 6 of this appendix to determine the percentages of the total volume to be used for removal capacity planning. Table 6 of this appendix divides the volume into three categories: oil lost to the environment; oil deposited on the shoreline; and oil available for on-water recovery.

10.2.2 The on-water oil recovery volume shall, as appropriate, be adjusted using the appropriate emulsification factor found inTable 7 of this appendix. Facilities that handle, store, or transport oil from different groups must compare the on-water recovery volume for each oil group (unless the oilgroup constitutes 10 percent or less by volume of the facility’s total storage capacity)
and use the calculation that results in the largest on-water oil recovery volume to plan for the amount of response resources for a worst case discharge.

10.2.3 The adjusted volume is multipliedby the on-water oil recovery resource mobilization factor found in Table 4 of this appendix from the appropriate operating area and response tier to determine the total on-water oil recovery capacity in barrels per day that
must be identified or contracted to arrive on-scene within the applicable time for each response tier. Three tiers are specified. For higher volume port areas, the contracted
tiers of resources must be located such that they are capable of arriving on-scene within 6 hours for Tier 1, 30 hours for Tier 2, and 54hours for Tier 3 of the discovery of a discharge. For all other rivers and canals, inland, nearshore areas, and the Great Lakes, these tiers are 12, 36, and 60 hours.

10.2.4 The resulting on-water oil recovery capacity in barrels per day for each tier is used to identify response resources necessaryto sustain operations in the applicable operating area. The equipment shall be capable of sustaining operations for the time periodspecified in Table 6 of this appendix. The facility owner or operator shall identify and ensure, by contract or other approved meansas described in §112.2, the availability of sufficient oil spill recovery devices to providethe effective daily oil recovery capacity required. If the required capacity exceeds theapplicable cap specified in Table 5 of this appendix, then a facility owner or operator shall ensure, by contract or other approved means as described in §112.2, only for the quantity of resources required to meet the cap, but shall identify sources of additional
resources as indicated in section 5.4 of this appendix. The owner or operator of a facility whose planning volume exceeded the cap in 1998 must make arrangements to identify and ensure, by contract or other approved means as described in §112.2, the availability of additional capacity to be under contract by 2003, as appropriate. For a facility that handles multiple groups of oil, the required effective daily recovery capacity for each oil group is calculated before applying the cap. The oil group calculation resulting in the largest on-water recovery volume must beused to plan for the amount of response resources for a worst case discharge, unless theoil group comprises 10 percent or less by volume of the facility’s oil storage capacity.

10.3 The procedures discussed in sections 10.3.1 through 10.3.3 of this appendix must be used to calculate the planning volume for identifying shoreline cleanup capacity (for Groups A and B oils).

10.3.1 The following must be determined: the worst case discharge volume of oil for the facility; the appropriate group(s) for the types of oil handled, stored, or transportedat the facility (Groups A or B); and the geographic area(s) in which the facility operates(i.e., operating areas). For a facility handling, storing, or transporting oil from different groups, each group must be calculated separately. Using this information, Table 6 of this appendix must be used to determine the percentages of the total volume to be used for shoreline cleanup resource planning.

10.3.2 The shoreline cleanup planning volume must be adjusted to reflect an emulsification factor using the same procedure as described in section 10.2.2 of this appendix.


## 83 Environmental Protection Agency Pt. 112, App. E

10.3.3 The resulting volume shall be used to identify an oil spill removal organizationwith the appropriate shoreline cleanup capability.

10.4 A response plan must identify response resources with fire fighting capability appropriate for the risk of fire and explosion at the facility from the discharge or threat of discharge of oil. The owner or operator of a facility that handles, stores, or transportsGroup A or B oils that does not have adequate fire fighting resources located at the facility or that cannot rely on sufficient local fire fighting resources must identify adequate fire fighting resources. The facility owner or operator shall ensure, by contract or other approved means as described in §112.2, the availability of these resources.The response plan must also identify an individual to work with the fire department for Group A or B oil fires. This individual shall also verify that sufficient well-trained firefighting resources are available within a reasonable response time to a worst case scenario. The individual may be the qualified individual identified in the response plan or another appropriate individual located at the facility.

10.5 The following is an example of the procedure described in sections 10.2 and 10.3of this appendix. A facility with a 37.04 million gallon (881,904 barrel) capacity of severaltypes of vegetable oils is located in the Inland Operating Area. The vegetable oil withthe highest specific gravity stored at the facility is soybean oil (specific gravity 0.922, Group B vegetable oil). The facility has tenaboveground oil storage tanks with a combined total capacity of 18 million gallons(428,571 barrels) and without secondary containment. The remaining facility tanks are inside secondary containment structures. The largest aboveground oil storage tank (3 million gallons or 71,428 barrels) has its ownsecondary containment. Two 2.1 million gallon (50,000 barrel) tanks (that are not connected by a manifold) are within a common secondary containment tank area, which is capable of holding 4.2 million gallons (100,000 barrels) plus sufficient freeboard.

10.5.1 The worst case discharge for the facility is calculated by adding the capacity of all aboveground vegetable oil storage tanks without secondary containment (18.0 million gallons) plus the capacity of the largest aboveground storage tank inside secondarycontainment (3.0 million gallons). The resulting worst case discharge is 21 million gallons or 500,000 barrels.

10.5.2 With a specific worst case discharge identified, the planning volume for on-water recovery can be identified as follows:
Worst case discharge: 21 million gallons

(500,000 barrels) of Group B vegetable oil Operating Area: Inland Planned percent recovered floating vegetable

oil (from Table 6, column Nearshore/Inland/ Great Lakes): Inland, Group B is 20% Emulsion factor (from Table 7): 2.0 Planning volumes for on-water recovery:

21,000,000 gallons × 0.2 × 2.0 = 8,400,000 gallons or 200,000 barrels. Determine required resources for on-water

recovery for each of the three tiers using mobilization factors (from Table 4, column Inland/Nearshore/Great Lakes)

Inland Operating Area Tier 1 Tier 2 Tier 3

Mobilization factor by which you multiply planning volume ............................................................ .15 .25 .4 0 Estimated Daily Recovery Capacity (bbls) ...................................................................................... 3 0,000 50,000 80,000

10.5.3 Because the requirements for OnWater Recovery Resources for Tiers 1, 2, and 3 for Inland Operating Area exceed the capsidentified in Table 5 of this appendix, the facility owner will contract for a response of 12,500 barrels per day (bpd) for Tier 1, 25,000bpd for Tier 2, and 50,000 bpd for Tier 3. Resources for the remaining 17,500 bpd for Tier 1, 25,000 bpd for Tier 2, and 30,000 bpd for Tier
3 shall be identified but need not be contracted for in advance.

10.5.4 With the specific worst case discharge identified, the planning volume of onshore recovery can be identified as follows:
Worst case discharge: 21 million gallons

(500,000 barrels) of Group B vegetable oil Operating Area: Inland Planned percent recovered floating vegetable

oil from onshore (from Table 6, column Nearshore/Inland/Great Lakes): Inland, Group B is 65% Emulsion factor (from Table 7): 2.0 Planning volumes for shoreline recovery: 21,000,000 gallons × 0.65 × 2.0 = 27,300,000 gallons or 650,000 barrels
10.5.5 The facility owner or operator shall, as appropriate, also identify or contract for quantities of boom identified in the response plan for the protection of fish and wildlife
and sensitive environments within the areapotentially impacted by a worst case discharge from the facility. For further description of fish and wildlife and sensitive environments, see Appendices I, II, and III toDOC/NOAA’s ‘‘Guidance for Facility and Vessel Response Plans: Fish and Wildlife and Sensitive Environments,’’ (see Appendix E to this part, section 13, for availability) and theapplicable ACP. Attachment C–III to Appendix C provides a method for calculating a planning distance to fish and wildlife and sensitive environments and public drinking


## 84 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. E

water intakes that may be adversely affected in the event of a worst case discharge.

10.6 The procedures discussed in sections 10.6.1 through 10.6.3 of this appendix must beused to determine appropriate response resources for facilities with Group C oils.

10.6.1 The owner or operator of a facility that handles, stores, or transports Group Coils shall, as appropriate, identify the response resources available by contract or other approved means, as described in §112.2. The equipment identified in a response plan shall, as appropriate, include:

(1) Sonar, sampling equipment, or other methods for locating the oil on the bottom or suspended in the water column;

(2) Containment boom, sorbent boom, silt curtains, or other methods for containingthe oil that may remain floating on the surface or to reduce spreading on the bottom;

(3) Dredges, pumps, or other equipment necessary to recover oil from the bottom and shoreline;

(4) Equipment necessary to assess the impact of such discharges; and

(5) Other appropriate equipment necessary to respond to a discharge involving the type of oil handled, stored, or transported.

10.6.2 Response resources identified in a response plan for a facility that handles,stores, or transports Group C oils under section 10.6.1 of this appendix shall be capable of being deployed on scene within 24 hours of discovery of a discharge.

10.6.3 A response plan must identify response resources with fire fighting capability. The owner or operator of a facility that handles, stores, or transports Group C oils that does not have adequate fire fightingresources located at the facility or that cannot rely on sufficient local fire fighting resources must identify adequate fire fightingresources. The owner or operator shall ensure, by contract or other approved means as described in §112.2, the availability of theseresources. The response plan shall also identify an individual located at the facility to work with the fire department for Group C oil fires. This individual shall also verifythat sufficient well-trained fire fighting resources are available within a reasonable response time to respond to a worst case discharge. The individual may be the qualified individual identified in the response plan or another appropriate individual located at the facility.

10.7 The procedures described in sections 10.7.1 through 10.7.5 of this appendix must be used to determine appropriate response plandevelopment and evaluation criteria for facilities that handle, store, or transport animal fats and vegetable oils. Refer to section 11 of this appendix for information on the limitations on the use of chemical agents for
inland and nearshore areas.

10.7.1 An owner or operator of a facility that handles, stores, or transports animal fats and vegetable oils must provide information in the response plan that identifies:

(1) Procedures and strategies for responding to a worst case discharge of animal fats and vegetable oils to the maximum extent practicable; and

(2) Sources of the equipment and supplies necessary to locate, recover, and mitigate such a discharge.

10.7.2 An owner or operator of a facility that handles, stores, or transports animal fats and vegetable oils must ensure that anyequipment identified in a response plan is capable of operating in the geographic area(s) ( i.e., operating environments) in which the facility operates using the criteria in Table 1of this appendix. When evaluating the operability of equipment, the facility owner or operator must consider limitations that areidentified in the appropriate ACPs, including:

(1) Ice conditions; (2) Debris; (3) Temperature ranges; and (4) Weather-related visibility. 10.7.3. The owner or operator of a facility that handles, stores, or transports animalfats and vegetable oils must identify the response resources that are available by contract or other approved means, as describedin §112.2. The equipment described in the response plan shall, as appropriate, include:

(1) Containment boom, sorbent boom, or other methods for containing oil floating onthe surface or to protect shorelines from impact;

(2) Oil recovery devices appropriate for the type of animal fat or vegetable oil carried;
and

(3) Other appropriate equipment necessary to respond to a discharge involving the type
of oil carried.

10.7.4 Response resources identified in a response plan according to section 10.7.3 ofthis appendix must be capable of commencing an effective on-scene response within the applicable tier response times in section 5.3 of this appendix.

10.7.5 A response plan must identify response resources with fire fighting capability. The owner or operator of a facility that handles, stores, or transports animal fats and vegetable oils that does not have adequate fire fighting resources located at the facility or that cannot rely on sufficient local fire fighting resources must identify adequate fire fighting resources. The owner or operator shall ensure, by contract or other approved means as described in §112.2,the availability of these resources. The response plan shall also identify an individual located at the facility to work with the fire department for animal fat and vegetable oil fires. This individual shall also verify that sufficient well-trained fire fighting resources are available within a reasonable response time to respond to a worst case discharge.


## 85 Environmental Protection Agency Pt. 112, App. E

The individual may be the qualified individual identified in the response plan or another appropriate individual located at the facility.

11.0 Determining the Availability of Alternative Response Methods

11.1 For chemical agents to be identified in a response plan, they must be on the NCP Product Schedule that is maintained by EPA. (Some States have a list of approved dispersants for use within State waters. Not all of these State-approved dispersants are listed on the NCP Product Schedule.)

11.2 Identification of chemical agents in the plan does not imply that their use will beauthorized. Actual authorization will be governed by the provisions of the NCP and the applicable ACP.

12.0 Additional Equipment Necessary to Sustain Response Operations

12.1 A facility owner or operator shallidentify sufficient response resources available, by contract or other approved means as described in §112.2, to respond to a medium discharge of animal fats or vegetables oils for that facility. This will require responseresources capable of containing and collecting up to 36,000 gallons of oil or 10 percent of the worst case discharge, whicheveris less. All equipment identified must be designed to operate in the applicable operatingenvironment specified in Table 1 of this appendix.

12.2 A facility owner or operator shallevaluate the availability of adequate temporary storage capacity to sustain the effective daily recovery capacities from equipment identified in the plan. Because of theinefficiencies of oil spill recovery devices, response plans must identify daily storage capacity equivalent to twice the effective daily recovery capacity required on-scene. This temporary storage capacity may be reducedif a facility owner or operator can demonstrate by waste stream analysis that theefficiencies of the oil recovery devices, ability to decant waste, or the availability of alternative temporary storage or disposal locations will reduce the overall volume of oily material storage.

12.3 A facility owner or operator shall ensure that response planning includes the capability to arrange for disposal of recovered oil products. Specific disposal procedures will be addressed in the applicable ACP. 13.0 References and Availability

13.1 All materials listed in this section are part of EPA’s rulemaking docket and arelocated in the Superfund Docket, 1235 Jefferson Davis Highway, Crystal Gateway 1, Arlington, Virginia 22202, Suite 105 (Docket Numbers SPCC–2P, SPCC–3P, and SPCC–9P).The docket is available for inspection between 9 a.m. and 4 p.m., Monday through Friday, excluding Federal holidays.

Appointments to review the docket can be made by calling 703–603–9232. Docket hours are subject to change. As provided in 40 CFR part 2, a reasonable fee may be charged for copying services.

13.2 The docket will mail copies of materials to requestors who are outside the Washington, DC metropolitan area. Materials may be available from other sources, as noted in this section. As provided in 40 CFR part 2, a reasonable fee may be charged for copying services. The RCRA/Superfund Hotline at800–424–9346 may also provide additional information on where to obtain documents. To contact the RCRA/Superfund Hotline in the Washington, DC metropolitan area, dial 703–
412–9810. The Telecommunications Device for the Deaf (TDD) Hotline number is 800–553– 7672, or, in the Washington, DC metropolitan area, 703–412–3323.

13.3 Documents

(1) National Preparedness for Response Exercise Program (PREP). The PREP draft guidelines are available from United States Coast Guard Headquarters (G-MEP-4), 2100 Second Street, SW., Washington, DC 20593. (See 58 FR 53990–91, October 19, 1993, Notice of Availability of PREP Guidelines).

(2) ‘‘Guidance for Facility and Vessel Response Plans: Fish and Wildlife and Sensitive Environments (published in the F EDERAL R EGISTER by DOC/NOAA at 59 FR 14713–22, March 29, 1994.). The guidance is available in the Superfund Docket (see sections 13.1 and 13.2 of this appendix).

(3) ASTM Standards. ASTM F 715, ASTM F 989, ASTM F 631–99, ASTM F 808–83 (1999).
The ASTM standards are available from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken,
PA 19428–2959.

(4) Response Plans for Marine Transportation-Related Facilities, Interim Final Rule. Published by USCG, DOT at 58 FR 7330– 76, February 5, 1993.



### T ABLE 

### 1 TO 

### A PPENDIX 

### E—R ESPONSE 

### R ESOURCE 

### O PERATING 

### C RITERIA

Oil Recovery Devices

Operating environment Significant wave height 1 Sea state

Rivers and Canals ..............................................................................................................

... ≤ 1 foot ....................... 1

Inland .........................................................................................................................

............ ≤ 3 feet ....................... 2


## 86 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. E

T ABLE 

### 1 TO 

### A PPENDIX 

### E—R ESPONSE 

### R ESOURCE 

### O PERATING 

### C RITERIA 

### —Continued

Oil Recovery Devices

Operating environment Significant wave height 1 Sea state

Great Lakes ....................................................................................................................

....... ≤ 4 feet ....................... 2–3 Ocean ..........................................................................................................................

.......... ≤ 6 feet ....................... 3–4

Boom

Boom property Use

Rivers and

canals Inland Great Lakes Ocean

Significant Wave Height 1

............................................................... ≤ 1 ................ ≤ 3 ................ ≤ 4 ................ ≤ 6 Sea State ........................................................................................ 1 .................. 2 .......... ........ 2–3 .............. 3–4 Boom height—inches (draft plus freeboard) ................................... 6–18 ............ 18–42 .......... 18–42 .......... ≥ 42 Reserve Buoyancy to Weight Ratio ................................................ 2:1 ............... 2:1 ............... 2:1 ........ ....... 3:1 to 4:1 Total Tensile Strength—pounds ..................................................... 4,500 ........... 15,000– 20,000. 15,000– 20,000. ≥ 20,000

Skirt Fabric Tensile Strength—pounds ........................................... 200 .............. 300 .............. 300 ........... ... 500 Skirt Fabric Tear Strength—pounds ............................................... 100 .............. 100 .............. 100 .......... .... 125

1 Oil recovery devices and boom shall be at least capable of operating in wave heights up to and including the values listed in Table 1 for each operating environment.



### T ABLE 

### 2 TO 

### A PPENDIX 

### E—R EMOVAL 

### C APACITY 

### P LANNING 

### T ABLE FOR 

### P ETROLEUM 

### O ILS

Spill location Rivers and canals Nearshore/Inland/Great Lakes

Sustainability of on-water oil recovery 3 days 4 days

Oil group 1 Percent natural dissipa- tion Percent recovered floating oil Percent oil onshore Percent natural dissipa- tion Percent recovered floating oil Percent oil onshore

1—Non-persistent oils ........................... 80 10 10 80 20 10 2—Light crudes ..................................... 40 15 45 50 50 30 3—Medium crudes and fuels ................ 20 15 65 30 50 50 4—Heavy crudes and fuels .................. 5 20 75 10 50 70

1 The response resource considerations for non-petroleum oils other than animal fats and vegetable oils are outlined in section 7.7 of this appendix.

N OTE : Group 5 oils are defined in section 1.2.8 of this appendix; the response resource considerations are outlined in section 7.6 of this appendix.



### T ABLE 

### 3 TO 

### A PPENDIX 

### E—E MULSIFICATION 

### F ACTORS FOR 

### P ETROLEUM 

### O IL 

### G ROUPS 1

Non-Persistent Oil: Group 1 ........................................................................................................................ .................................................. 1.0 Persistent Oil: Group 2 ........................................................................................................................ .................................................. 1.8 Group 3 ........................................................................................................................ .................................................. 2.0 Group 4 ........................................................................................................................ .................................................. 1.4 Group 5 oils are defined in section 1.2.7 of this appendix; the response resource considerations are outlined in section

7.6 of this appendix.

1 See sections 1.2.2 and 1.2.7 of this appendix for group designations for non-persistent and persistent oils, respectively.



### T ABLE 

### 4 TO 

### A PPENDIX 

### E—O N 

### -W ATER 

### O IL 

### R ECOVERY 

### R ESOURCE 

### M OBILIZATION 

### F ACTORS

Operating area Tier 1 Tier 2 Tier 3

Rivers and Canals ............................................................................................. 0.30 0.40 0.60 Inland/Nearshore Great Lakes .......................................................................... 0.15 0.25 0.40

Note: These mobilization factors are for total resources mobilized, not incremental response resources.



### T ABLE 

### 5 TO 

### A PPENDIX 

### E—R ESPONSE 

### C APABILITY 

### C APS BY 

### O PERATING 

### A REA

Tier 1 Tier 2 Tier 3

February 18, 1993: All except Rivers & Canals, Great Lakes ........................................... 10K bbls/day 20K bbls/day 40K bbls/day. Great Lakes ........................................................................................ 5K bbls/day 10K bbls/day 20K bbls/day. Rivers & Canals .................................................................................. 1.5K bbls/day 3.0K bbls/day 6. 0K bbls/day.


## 87 Environmental Protection Agency Pt. 112, App. E

T ABLE 

### 5 TO 

### A PPENDIX 

### E—R ESPONSE 

### C APABILITY 

### C APS BY 

### O PERATING 

### A REA 

### —Continued

Tier 1 Tier 2 Tier 3

February 18, 1998: All except Rivers & Canals, Great Lakes ........................................... 12.5K bbls/day 25K bbls/day 50K bbls/day. Great Lakes ........................................................................................ 6.35K bbls/day 12.3K bbls/da y 25K bbls/day.
Rivers & Canals .................................................................................. 1.875K bbls/ day 3.75K bbls/day 7.5K bbls/day.

February 18, 2003: All except Rivers & Canals, Great Lakes ........................................... TBD TBD TBD.
Great Lakes ........................................................................................ TBD TBD TBD.
Rivers & Canals .................................................................................. TBD TBD TBD.

Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.
TBD=To Be Determined.



### T ABLE 

### 6 TO 

### A PPENDIX 

### E—R EMOVAL 

### C APACITY 

### P LANNING 

### T ABLE FOR 

### A NIMAL 

### F ATS AND 

### V EGETABLE 

### O ILS

Spill location Rivers and canals Nearshore/Inland/Great Lakes

Sustainability of on-water oil recovery 3 days 4 days

Oil group 1 Percent natural loss Percent recovered floating oil Percent recovered oilfrom onshore Percent natural loss Percent recovered floating oil Percent recovered oilfrom onshore

Group A ................................................. 40 15 45 50 20 30 Group B ................................................. 20 15 65 30 20 50

1 Substances with a specific gravity greater than 1.0 generally sink below the surface of the water. Response resource considerations are outlined in section 10.6 of this appendix. The owner or operator of the facility is responsible for determining ap pro- priate response resources for Group C oils including locating oil on the bottom or suspended in the water column; containment boom or other appropriate methods for containing oil that may remain floating on the surface; and dredges, pumps, or other equipment to recover animal fats or vegetable oils from the bottom and shoreline.

N OTE : Group C oils are defined in sections 1.2.1 and 1.2.9 of this appendix; the response resource procedures are discussed in section 10.6 of this appendix.



### T ABLE 

### 7 TO 

### A PPENDIX 

### E—E MULSIFICATION 

### F ACTORS FOR 

### A NIMAL 

### F ATS AND 

### V EGETABLE 

### O ILS

Oil Group 1 : Group A ........................................................................................................................ .................................................. 1.0 Group B ........................................................................................................................ .................................................. 2.0

1 Substances with a specific gravity greater than 1.0 generally sink below the surface of the water. Response resource considerations are outlined in section 10.6 of this appendix. The owner or operator of the facility is responsible for determining ap propriate response resources for Group C oils including locating oil on the bottom or suspended in the water column; containment boom or other appropriate methods for containing oil that may remain floating on the surface; and dredges, pumps, or other equipment to recover animal fats or vegetable oils from the bottom and shoreline.

N OTE : Group C oils are defined in sections 1.2.1 and 1.2.9 of this appendix; the response resource procedures are discussed in section 10.6 of this appendix.


## 88 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. E

A TTACHMENTS TO A PPENDIX E


## 89 Environmental Protection Agency Pt. 112, App. E


## 90 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. E


## 91 Environmental Protection Agency Pt. 112, App. E


## 92 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. E


## 93 Environmental Protection Agency Pt. 112, App. E


## 94 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. E


## 95 Environmental Protection Agency Pt. 112, App. F

[59 FR 34111, July 1, 1994; 59 FR 49006, Sept. 26, 1994, as amended at 65 FR 40806, 40807, June 30, 2000; 65 FR 47325, Aug. 2, 2000; 66 FR 34560, June 29, 2001]



### A PPENDIX 

### F TO 

### P ART 

### 112—F ACILITY 

### S PECIFIC 

### R ESPONSE 

### P LAN

Table of Contents

1.0 Model Facility-Specific Response Plan 1.1 Emergency Response Action Plan 1.2 Facility Information 1.3 Emergency Response Information

1.3.1 Notification 1.3.2 Response Equipment List1.3.3 Response Equipment Testing/Deployment
1.3.4 Personnel 1.3.5 Evacuation Plans 1.3.6 Qualified Individual’s Duties
1.4 Hazard Evaluation

1.4.1 Hazard Identification 1.4.2 Vulnerability Analysis 1.4.3 Analysis of the Potential for an Oil

Spill 1.4.4 Facility Reportable Oil Spill History 1.5 Discharge Scenarios

1.5.1 Small and Medium Discharges 1.5.2 Worst Case Discharge 1.6 Discharge Detection Systems

1.6.1 Discharge Detection By Personnel 1.6.2 Automated Discharge Detection


## 96 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. F

1.7 Plan Implementation

1.7.1 Response Resources for Small, Medium, and Worst Case Spills 1.7.2 Disposal Plans 1.7.3 Containment and Drainage Planning1.8 Self-Inspection, Drills/Exercises, and Response Training

1.8.1 Facility Self-Inspection 1.8.1.1 Tank Inspection 1.8.1.2 Response Equipment Inspection 1.8.1.3 Secondary Containment Inspection 1.8.2 Facility Drills/Exercises 1.8.2.1 Qualified Individual Notification

Drill Logs 1.8.2.2 Spill Management Team Tabletop

Exercise Logs 1.8.3 Response Training 1.8.3.1 Personnel Response Training Logs 1.8.3.2 Discharge Prevention Meeting Logs 1.9 Diagrams 1.10 Security 2.0 Response Plan Cover Sheet 3.0 Acronyms 4.0 References

1.0 Model Facility-Specific Response Plan

(A) Owners or operators of facilities regulated under this part which pose a threat ofsubstantial harm to the environment by discharging oil into or on navigable waters or adjoining shorelines are required to prepare and submit facility-specific response plans to EPA in accordance with the provisions in this appendix. This appendix further describes the required elements in §112.20(h).

(B) Response plans must be sent to the appropriate EPA Regional office. Figure F–1 of this Appendix lists each EPA Regional office and the address where owners or operatorsmust submit their response plans. Those facilities deemed by the Regional Administrator (RA) to pose a threat of significant
and substantial harm to the environment will have their plans reviewed and approvedby EPA. In certain cases, information required in the model response plan is similar to information currently maintained in the facility’s Spill Prevention, Control, and Countermeasures (SPCC) Plan as required by40 CFR 112.3. In these cases, owners or operators may reproduce the information and include a photocopy in the response plan.

(C) A complex may develop a single response plan with a set of core elements for all regulating agencies and separate sectionsfor the non-transportation-related and transportation-related components, as describedin §112.20(h). Owners or operators of large facilities that handle, store, or transport oil atmore than one geographically distinct location (e.g., oil storage areas at opposite ends of a single, continuous parcel of property)shall, as appropriate, develop separate sections of the response plan for each storage

area.


## 97 Environmental Protection Agency Pt. 112, App. F

1.1 Emergency Response Action Plan

Several sections of the response plan shallbe co-located for easy access by response personnel during an actual emergency or oil discharge. This collection of sections shall be called the Emergency Response Action Plan. The Agency intends that the Action Plan contain only as much information as is necessary to combat the discharge and be arranged so response actions are not delayed.The Action Plan may be arranged in a number of ways. For example, the sections of the Emergency Response Action Plan may be photocopies or condensed versions of the


## 98 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. F

1 A wellhead protection area is defined as the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and
reach such water well or wellfield. For further information regarding State and territory protection programs, facility owners or operators may contact the SDWA Hotline at
1–800–426–4791. forms included in the associated sections of the response plan. Each Emergency Response Action Plan section may be tabbed for quick
reference. The Action Plan shall be maintained in the front of the same binder that contains the complete response plan or it shall be contained in a separate binder. Inthe latter case, both binders shall be kept together so that the entire plan can beaccessed by the qualified individual and appropriate spill response personnel. The Emergency Response Action Plan shall be made up of the following sections:

1. Qualified Individual Information (Section

1.2) partial2. Emergency Notification Phone List (Section 1.3.1) partial 3. Spill Response Notification Form (Section

1.3.1) partial 4. Response Equipment List and Location

(Section 1.3.2) complete5. Response Equipment Testing and Deployment (Section 1.3.3) complete 6. Facility Response Team (Section 1.3.4)

partial 7. Evacuation Plan (Section 1.3.5) condensed8. Immediate Actions (Section 1.7.1) complete 9. Facility Diagram (Section 1.9) complete

1.2 Facility Information

The facility information form is designedto provide an overview of the site and a description of past activities at the facility. Much of the information required by this section may be obtained from the facility’s existing SPCC Plan.

1.2.1 Facility name and location: Enter facility name and street address. Enter the address of corporate headquarters only if corporate headquarters are physically located at the facility. Include city, county, state, zip code, and phone number.

1.2.2 Latitude and Longitude: Enter thelatitude and longitude of the facility. Include degrees, minutes, and seconds of the main entrance of the facility.

1.2.3 Wellhead Protection Area: Indicate if the facility is located in or drains into a wellhead protection area as defined by the Safe Drinking Water Act of 1986 (SDWA). 1The response plan requirements in the Wellhead Protection Program are outlined by the State or Territory in which the facility resides.

1.2.4 Owner/operator: Write the name of the company or person operating the facility and the name of the person or company that owns the facility, if the two are different. List the address of the owner, if the two are
different.

1.2.5 Qualified Individual: Write the nameof the qualified individual for the entire facility. If more than one person is listed, each
individual indicated in this section shall have full authority to implement the facility response plan. For each individual, list: name, position, home and work addresses (street addresses, not P.O. boxes), emergency phone number, and specific response training experience.

1.2.6 Date of Oil Storage Start-up: Enter the year which the present facility first started storing oil.

1.2.7 Current Operation: Briefly describe the facility’s operations and include the
North American Industrial Classification System (NAICS) code.

1.2.8 Dates and Type of Substantial Expansion: Include information on expansions that have occurred at the facility. Examples of such expansions include, but are not limited to: Throughput expansion, addition of a product line, change of a product line, andinstallation of additional oil storage capacity. The data provided shall include all facility historical information and detail the expansion of the facility. An example of substantial expansion is any material alterationof the facility which causes the owner or operator of the facility to re-evaluate and increase the response equipment necessary to adequately respond to a worst case discharge from the facility. Date of Last Update:

lll

F ACILITY I NFORMATION F ORM

Facility Name:

lllllllllllllll

Location (Street Address):

llllllll City:

lll State:

lll Zip:

lll County:

lll Phone Number: ( )

lll Latitude:

lll Degrees

lll Minutes

lll Seconds Longitude:

lll Degrees

lll Minutes

lll Seconds
Wellhead Protection Area:

lllllllll Owner:

lllllllllllllllllll

Owner Location (Street Address):

llll (if different from Facility Address) City:

lll State:

lll Zip:

lll County:

lll Phone Number: ( )

lll Operator (if not Owner):

llllllllll Qualified Individual(s): (attach additional sheets if more than one)

Name:

lllllllllllllllllll Position:

lllllllllllllllll Work Address:

lllllllllllllll Home Address:

llllllllllllll Emergency Phone Number: ( )

llll


## 99 Environmental Protection Agency Pt. 112, App. F

Date of Oil Storage Start-up:

llllllll Current Operations:

lllllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllllDate(s) and Type(s) of Substantial Expansion(s):

llllllllllllllllll

llllllllllllllllllllllll (Attach additional sheets if necessary)

1.3 Emergency Response Information

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

(1) The information provided in the Emergency Notification Phone List in section 1.3.1 identifies and prioritizes the names andphone numbers of the organizations and personnel that need to be notified immediately in the event of an emergency. This sectionshall include all the appropriate phone numbers for the facility. These numbers must be verified each time the plan is updated. The contact list must be accessible to all facilityemployees to ensure that, in case of a discharge, any employee on site could immediately notify the appropriate parties.

(2) The Spill Response Notification Form
in section 1.3.1 creates a checklist of information that shall be provided to the National Response Center (NRC) and other response personnel. All information on this
checklist must be known at the time of notification, or be in the process of being collected. This notification form is based on a similar form used by the NRC. Note: Do notdelay spill notification to collect the information on the list.

(3) Section 1.3.2 provides a description of the facility’s list of emergency response equipment and location of the response equipment. When appropriate, the amount of oil that emergency response equipment can handle and any limitations (e.g., launching sites) must be described.

(4) Section 1.3.3 provides information regarding response equipment tests and deployment drills. Response equipment deployment exercises shall be conducted to ensure that response equipment is operational andthe personnel who would operate the equipment in a spill response are capable of deploying and operating it. Only a representative sample of each type of response equipment needs to be deployed and operated, aslong as the remainder is properly maintained. If appropriate, testing of response equipment may be conducted while it isbeing deployed. Facilities without facilityowned response equipment must ensure that the oil spill removal organization that is identified in the response plan to provide this response equipment certifies that the deployment exercises have been met. Refer to the National Preparedness for ResponseExercise Program (PREP) Guidelines (see appendix E to this part, section 13, for availability), which satisfy Oil Pollution Act (OPA) response exercise requirements.

(5) Section 1.3.4 lists the facility response personnel, including those employed by thefacility and those under contract to the facility for response activities, the amount of time needed for personnel to respond, their responsibility in the case of an emergency, and their level of response training. Three
different forms are included in this section. The Emergency Response Personnel List shall be composed of all personnel employedby the facility whose duties involve responding to emergencies, including oil discharges, even when they are not physically present at the site. An example of this type of person would be the Building Engineer-in-Charge or
Plant Fire Chief. The second form is a list of the Emergency Response Contractors (bothprimary and secondary) retained by the facility. Any changes in contractor status must be reflected in updates to the response plan. Evidence of contracts with response
contractors shall be included in this section so that the availability of resources can beverified. The last form is the Facility Response Team List, which shall be composedof both emergency response personnel (referenced by job title/position) and emergency response contractors, included in one of the two lists described above, that will respondimmediately upon discovery of an oil discharge or other emergency (i.e., the first people to respond). These are to be persons normally on the facility premises or primaryresponse contractors. Examples of these personnel would be the Facility Hazardous Materials (HAZMAT) Spill Team 1, FacilityFire Engine Company 1, Production Supervisor, or Transfer Supervisor. Company personnel must be able to respond immediately and adequately if contractor support is not
available.

(6) Section 1.3.5 lists factors that must, as appropriate, be considered when preparing an evacuation plan.

(7) Section 1.3.6 references the responsibilities of the qualified individual for the facility in the event of an emergency.

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

1.3.1 Notification

Date of Last Update:

llllllllllll


## 100 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. F

E MERGENCY N OTIFICATION P HONE L IST W HOM T O N OTIFY

Reporter’s Name:

llllllllllllll Date:

llllllllllllllllllll Facility Name:

lllllllllllllll Owner Name:

llllllllllllllll Facility Identification Number:

llllll Date and Time of Each NRC Notification:

l Organization Phone No.

1. National Response Center (NRC): 1–800–424–8802

2. Qualified Individual:

Evening Phone:

3. Company Response Team:

Evening Phone:

4. Federal On-Scene Coordinator (OSC)

and/or Regional Response Center (RRC):

Evening Phone(s):

Pager Number(s):

5. Local Response Team (Fire Dept./Cooperatives):

6. Fire Marshall:

Evening Phone:

7. State Emergency Response Commission (SERC):

Evening Phone:

8. State Police:

9. Local Emergency Planning Committee

(LEPC):

10. Local Water Supply System:

Evening Phone:

11. Weather Report:

12. Local Television/Radio Station for

Evacuation Notification:

13. Hospitals: S PILL R ESPONSE N OTIFICATION F ORM

Reporter’s Last Name:

lllllllllll First:

llllllllllllllllllll M.I.:

lllllllllllllllllllll Position:

llllllllllllllllll Phone Numbers:

Day ( ) – Evening ( ) –

Company:

llllllllllllllllll Organization Type:

lllllllllllll Address:

lllllllllllllllllll

llllllllllllllllllllllll City:

lllllllllllllllllllll State:

llllllllllllllllllll Zip:

lllllllllllllllllllll Were Materials Discharged?

lll (Y/N) Confidential?

lll (Y/N) Meeting Federal Obligations to Report?

lll (Y/N) Date Called:

lll Calling for Responsible Party?

lll (Y/N)

Time Called:

lll
Incident Description

Source and/or Cause of Incident:

llllll

llllllllllllllllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllll Date of Incident:

llllllllllllll Time of Incident:

lll AM/PM

Incident Address/Location:

lllllllll

llllllllllllllllllllllll Nearest City:

llllllll State:

lll

County:

llll Zip:

llll Distance from City:

lll Units of Measure:

lll Direction from City:

lll Section:

llll Township:

llll Range:

llll Borough:

llll Container Type:

lll Tank Oil Storage Capacity:

llll Units of Measure:

lll Facility Oil Storage Capacity:

llll Units

of Measure:

lll Facility Latitude:

lll Degrees

lll Minutes

lll Seconds Facility Longitude:

lll Degrees

lll

Minutes

lll Seconds

Material

CHRIS Code Discharged quantity Unit of measure Material Discharged in water Quantity Unit of measure


## 101 Environmental Protection Agency Pt. 112, App. F

Response Action

Actions Taken to Correct, Control or Mitigate Incident:

llllllllllllllllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllll
Impact

Number of Injuries:

lll Number of Deaths:

lll Were there Evacuations?

lll (Y/N) Number Evacuated:

lll Was there any Damage?

lll (Y/N) Damage in Dollars (approximate):

lllll Medium Affected:

llllllllllllll Description:

lllllllllllllllll More Information about Medium:

lllll

llllllllllllllllllllllll

llllllllllllllllllllllll
Additional Information

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

llllllllllllllllllllllll

llllllllllllllllllllllll llllllllllllllllllllllll
Caller Notifications

EPA?

lll (Y/N) USCG?

lll (Y/N) State?

lll (Y/N)
Other?

lll (Y/N) Describe:

llllll 1.3.2 Response Equipment List

Date of Last Update:

lll

F ACILITY R ESPONSE E QUIPMENT L IST

1. Skimmers/Pumps—Operational Status:

l

Type, Model, and Year:

llllllllll

llllllllllllllllllllll Type Model Year
Number:

llllllllllllllllll Capacity:

llll gal./min. Daily Effective Recovery Rate:

llllll Storage Location(s):

lllllllllll Date Fuel Last Changed:

lllllllll 2. Boom—Operational Status:

llllllll

Type, Model, and Year:

llllllllll

Type Model Year
Number:

llllllllllllllllll Size (length):

llll ft.
Containment Area:

llll sq. ft. Storage Location:

lllllllllllll 3. Chemicals Stored (Dispersants listed on EPA’s NCP Product Schedule)

Type Amount Date purchased Treatment capacity Storage location

Were appropriate procedures used to receive approval for use of dispersants in accordance with the NCP (40 CFR 300.910) andthe Area Contingency Plan (ACP), where applicable?

lll (Y/N). Name and State of On-Scene Coordinator (OSC) authorizing use:

lll .

Date Authorized:

lll .4. Dispersant Dispensing Equipment—Operational Status:

lll .

Type and year Capacity Storage location Response time (minutes)

5. Sorbents—Operational Status:

llllll

Type and Year Purchased:

llllllll Amount:

llllllllllllllllll Absorption Capacity (gal.):

llllllll Storage Location(s):

lllllllllll 6. Hand Tools—Operational Status:

lllll Type and year Quantity Storage location


## 102 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. F

Type and year Quantity Storage location

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

lll

Type and year Quantity Storage location/ number

8. Fire Fighting and Personnel Protective Equipment—Operational Status:

lll

Type and year Quantity Storage location 9. Other (e.g., Heavy Equipment, Boats and Motors)—Operational Status:

lll

Type and year Quantity Storage location

1.3.3 Response Equipment Testing/Deployment

Date of Last Update:

llll Response Equipment Testing and Deployment Drill Log

Last Inspection or Response Equipment Test

Date:

lllllllllllllllllll Inspection Frequency:

lllllllllll Last Deployment Drill Date:

llllllll Deployment Frequency:

llllllllll Oil Spill Removal Organization Certification

(if applicable):

lllllllllllllll 1.3.4 Personnel

Date of Last Update:

llll 

### E MERGENCY 

### R ESPONSE 

### P ERSONNEL
Company Personnel

Name Phone 1 Response time Responsibility during response action Response training type/date

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

1 Phone number to be used when person is not on-site.



### E MERGENCY 

### R ESPONSE 

### C ONTRACTORS
Date of Last Update:

llll
Contractor Phone Response time Contract responsibility 1

1.


## 103 Environmental Protection Agency Pt. 112, App. F

E MERGENCY 

### R ESPONSE 

### C ONTRACTORS 

### —Continued

Date of Last Update:

llll
Contractor Phone Response time Contract responsibility 1

2.

3.

4.

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



### F ACILITY 

### R ESPONSE 

### T EAM
Date of Last Update:

llll
Team member Response time (minutes) Phone or pager number (day/evening)

Qualified Individual: /

/

/

/

/

/

/

/

/

/

/

/

/

/

/

/

/

/

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


## 104 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. F

1.3.5 Evacuation Plans

1.3.5.1 Based on the analysis of the facility, as discussed elsewhere in the plan, a facility-wide evacuation plan shall be developed. In addition, plans to evacuate parts ofthe facility that are at a high risk of exposure in the event of a discharge or other release must be developed. Evacuation routes must be shown on a diagram of the facility(see section 1.9 of this appendix). When developing evacuation plans, considerationmust be given to the following factors, as appropriate:

(1) Location of stored materials; (2) Hazard imposed by discharged material; (3) Discharge flow direction; (4) Prevailing wind direction and speed;(5) Water currents, tides, or wave conditions (if applicable);

(6) Arrival route of emergency response personnel and response equipment;

(7) Evacuation routes; (8) Alternative routes of evacuation; (9) Transportation of injured personnel to nearest emergency medical facility;

(10) Location of alarm/notification systems;

(11) The need for a centralized check-in area for evacuation validation (roll call);

(12) Selection of a mitigation command center; and

(13) Location of shelter at the facility as
an alternative to evacuation.

1.3.5.2 One resource that may be helpfulto owners or operators in preparing this section of the response plan is The Handbook of Chemical Hazard Analysis Procedures by the Federal Emergency Management Agency (FEMA), Department of Transportation (DOT), and EPA. The Handbook of Chemical Hazard Analysis Procedures is available from: FEMA , Publication Office, 500 C. Street, S.W., Washington, DC 20472, (202) 646–3484.

1.3.5.3 As specified in §112.20(h)(1)(vi), thefacility owner or operator must reference existing community evacuation plans, as appropriate.

1.3.6 Qualified Individual’s Duties

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

1.4 Hazard Evaluation

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

1.4.1 Hazard Identification

The Tank and Surface Impoundment (SI) forms, or their equivalent, that are part of this section must be completed according tothe directions below. (‘‘Surface Impoundment’’ means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation ofliquid wastes or wastes containing free liquids, and which is not an injection well or a seepage facility.) Similar worksheets, or their equivalent, must be developed for any other type of storage containers.

(1) List each tank at the facility with aseparate and distinct identifier. Begin aboveground tank identifiers with an ‘‘A’’ and belowground tank identifiers with a ‘‘B’’, or submit multiple sheets with the aboveground tanks and belowground tanks on separate
sheets.

(2) Use gallons for the maximum capacity of a tank; and use square feet for the area.

(3) Using the appropriate identifiers andthe following instructions, fill in the appropriate forms:

(a) Tank or SI number—Using the aforementioned identifiers (A or B) or multiple reporting sheets, identify each tank or SI atthe facility that stores oil or hazardous materials.

(b) Substance Stored—For each tank or SI identified, record the material that is stored
therein. If the tank or SI is used to store more than one material, list all of the stored
materials.

(c) Quantity Stored—For each material stored in each tank or SI, report the average volume of material stored on any given day.

(d) Tank Type or Surface Area/Year—For each tank, report the type of tank (e.g., floating top), and the year the tank wasoriginally installed. If the tank has been refabricated, the year that the latest refabrication was completed must be recorded in parentheses next to the year installed. For


## 105 Environmental Protection Agency Pt. 112, App. F

each SI, record the surface area of the impoundment and the year it went into service.

(e) Maximum Capacity—Record the operational maximum capacity for each tank and SI. If the maximum capacity varies with the season, record the upper and lower limits.

(f) Failure/Cause—Record the cause anddate of any tank or SI failure which has resulted in a loss of tank or SI contents.

(4) Using the numbers from the tank and SI forms, label a schematic drawing of the facility. This drawing shall be identical to any schematic drawings included in the
SPCC Plan.

(5) Using knowledge of the facility and its operations, describe the following in writing:

(a) The loading and unloading of transportation vehicles that risk the discharge of oil or release of hazardous substances during transport processes. These operations may include loading and unloading of trucks,railroad cars, or vessels. Estimate the volume of material involved in transfer operations, if the exact volume cannot be determined.

(b) Day-to-day operations that may present a risk of discharging oil or releasing
a hazardous substance. These activities include scheduled venting, piping repair or replacement, valve maintenance, transfer of tank contents from one tank to another, etc.(not including transportation-related activities). Estimate the volume of material involved in these operations, if the exact volume cannot be determined.

(c) The secondary containment volume associated with each tank and/or transfer pointat the facility. The numbering scheme developed on the tables, or an equivalent system, must be used to identify each containmentarea. Capacities must be listed for each individual unit (tanks, slumps, drainage traps, and ponds), as well as the facility total.

(d) Normal daily throughput for the facility and any effect on potential discharge volumes that a negative or positive change in that throughput may cause.



### H AZARD 

### I DENTIFICATION 

### T ANKS 1

Date of Last Update:

llll

Tank No. Substance Stored (Oil and Hazardous Substance) Quantity Stored (gallons) Tank Type/Year Maximum Capacity (gallons) Failure/Cause

1 Tank = any container that stores oil. Attach as many sheets as necessary.



### H AZARD 

### I DENTIFICATION 

### S URFACE 

### I MPOUNDMENTS 

### (SI S 

### )

Date of Last Update:

llll

SI No. Substance Stored Quantity Stored (gallons) Surface Area/Year Maximum Capacity (gallons) Failure/Cause


## 106 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. F

2 Refer to the DOC/NOAA ‘‘Guidance for Facility and Vessel Response Plans: Fish and Wildlife and Sensitive Environments’’ (Seeappendix E to this part, section 13, for availability). 3 As described in 40 CFR part 110, reportable oil spills are those that: (a) violate applicable water quality standards, or (b) cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be depositedbeneath the surface of the water or upon adjoining shorelines. 

### H AZARD 

### I DENTIFICATION 

### S URFACE 

### I MPOUNDMENTS 

### (SI S 

### )—Continued

Date of Last Update:

llll

SI No. Substance Stored Quantity Stored (gallons) Surface Area/Year Maximum Capacity (gallons) Failure/Cause

Attach as many sheets as necessary.

1.4.2 Vulnerability Analysis

The vulnerability analysis shall address the potential effects (i.e., to human health,property, or the environment) of an oil discharge. Attachment C–III to Appendix C to this part provides a method that owners or operators shall use to determine appropriatedistances from the facility to fish and wildlife and sensitive environments. Owners or operators can use a comparable formula thatis considered acceptable by the RA. If a comparable formula is used, documentation of the reliability and analytical soundness of
the formula must be attached to the response plan cover sheet. This analysis mustbe prepared for each facility and, as appropriate, must discuss the vulnerability of:

(1) Water intakes (drinking, cooling, or other);

(2) Schools; (3) Medical facilities; (4) Residential areas; (5) Businesses;(6) Wetlands or other sensitive environments; 2

(7) Fish and wildlife; (8) Lakes and streams; (9) Endangered flora and fauna; (10) Recreational areas; (11) Transportation routes (air, land, and water);

(12) Utilities; and (13) Other areas of economic importance(e.g., beaches, marinas) including terrestrially sensitive environments, aquatic environments, and unique habitats.

1.4.3 Analysis of the Potential for an Oil Discharge

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

1.4.4 Facility Reportable Oil Spill History

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

(1) Date of discharge(s); (2) List of discharge causes; (3) Material(s) discharged; (4) Amount discharged in gallons;(5) Amount of discharge that reached navigable waters, if applicable;

(6) Effectiveness and capacity of secondary containment;

(7) Clean-up actions taken;(8) Steps taken to reduce possibility of recurrence;

(9) Total oil storage capacity of the tank(s) or impoundment(s) from which the material discharged;

(10) Enforcement actions;(11) Effectiveness of monitoring equipment; and

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


## 107 Environmental Protection Agency Pt. 112, App. F

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

1.5 Discharge Scenarios

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

1.5.1 Small and Medium Discharges

1.5.1.1 To address multi-level planning requirements, the owner or operator must consider types of facility-specific discharge scenarios that may contribute to a small or medium discharge. The scenarios shall account for all the operations that take place at the facility, including but not limited to:

(1) Loading and unloading of surface transportation;

(2) Facility maintenance; (3) Facility piping; (4) Pumping stations and sumps; (5) Oil storage tanks; (6) Vehicle refueling; and(7) Age and condition of facility and components.

1.5.1.2 The scenarios shall also considerfactors that affect the response efforts required by the facility. These include but are
not limited to:

(1) Size of the discharge;(2) Proximity to downgradient wells, waterways, and drinking water intakes;

(3) Proximity to fish and wildlife and sensitive environments;

(4) Likelihood that the discharge will travel offsite ( i.e., topography, drainage);

(5) Location of the material discharged ( i.e., on a concrete pad or directly on the soil);

(6) Material discharged; (7) Weather or aquatic conditions ( i.e., river flow);

(8) Available remediation equipment;(9) Probability of a chain reaction of failures; and

(10) Direction of discharge pathway.

1.5.2 Worst Case Discharge

1.5.2.1 In this section, the owner or operator must identify the worst case dischargevolume at the facility. Worksheets for production and non-production facility owners or operators to use when calculating worst case discharge are presented in appendix D to this part. When planning for the worstcase discharge response, all of the aforementioned factors listed in the small and medium discharge section of the response plan
shall be addressed.

1.5.2.2 For onshore storage facilities and production facilities, permanently manifolded oil storage tanks are defined astanks that are designed, installed, and/or operated in such a manner that the multipletanks function as one storage unit (i.e., multiple tank volumes are equalized). In thissection of the response plan, owners or operators must provide evidence that oil storage tanks with common piping or piping systems are not operated as one unit. If such evidence is provided and is acceptable to the RA, the worst case discharge volume shall be based on the combined oil storage capacity of all manifold tanks or the oil storage capacity of the largest single oil storage tank within the secondary containment area, whichever is greater. For permanently manifolded oil storage tanks that function as one storage unit, the worst case discharge shall be based on the combined oil storage capacity of all manifolded tanks or the oil storage capacity of the largest single tank within a secondary containment area, whichever is greater. Forpurposes of the worst case discharge calculation, permanently manifolded oil storagetanks that are separated by internal divisions for each tank are considered to be single tanks and individual manifolded tank
volumes are not combined.

1.6 Discharge Detection Systems

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

1.6.1 Discharge Detection by Personnel

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


## 108 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. F

1.6.2 Automated Discharge Detection

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

1.7 Plan Implementation

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

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

1.7.1.1 Once the discharge scenarios have been identified in section 1.5 of the response plan, the facility owner or operator shall identify and describe implementation of theresponse actions. The facility owner or operator shall demonstrate accessibility to the proper response personnel and equipment to effectively respond to all of the identified discharge scenarios. The determination anddemonstration of adequate response capability are presented in appendix E to thispart. In addition, steps to expedite the cleanup of oil discharges must be discussed. At aminimum, the following items must be addressed:

(1) Emergency plans for spill response; (2) Additional response training; (3) Additional contracted help;(4) Access to additional response equipment/experts; and

(5) Ability to implement the plan including response training and practice drills.

1.7.1.2A recommended form detailing immediate actions follows.



### O IL 

### S PILL 

### R ESPONSE 

### —I MMEDIATE 

### A CTIONS

1. Stop the product flow Act quickly to secure pumps, close valves,

etc. 

### O IL 

### S PILL 

### R ESPONSE 

### —I MMEDIATE 

### A CTIONS 

### — Continued

2. Warn personnel .......... Enforce safety and security measures. 3. Shut off ignition

sources. Motors, electrical circuits, open flames, etc.
4. Initiate containment .... Around the tank and/or in
the water with oil
boom. 5. Notify NRC ................. 1–800–424–8802 6. Notify OSC 7. Notify, as appropriate

Source: FOSS, Oil Spill Response—Emergency Procedures, Revised December 3, 1992.

1.7.2 Disposal Plans

1.7.2.1 Facility owners or operators must describe how and where the facility intends to recover, reuse, decontaminate, or dispose of materials after a discharge has taken place. The appropriate permits required to transport or dispose of recovered materialsaccording to local, State, and Federal requirements must be addressed. Materials that must be accounted for in the disposal plan, as appropriate, include:

(1) Recovered product; (2) Contaminated soil;(3) Contaminated equipment and materials, including drums, tank parts, valves, and shovels;

(4) Personnel protective equipment; (5) Decontamination solutions; (6) Adsorbents; and (7) Spent chemicals.1.7.2.2 These plans must be prepared in accordance with Federal (e.g., the Resource Conservation and Recovery Act [RCRA]),State, and local regulations, where applicable. A copy of the disposal plans from the facility’s SPCC Plan may be inserted with this section, including any diagrams in those plans.

Material Disposal facility Location RCRA permit/manifest

1.

2.

3.

4.

1.7.3 Containment and Drainage Planning

A proper plan to contain and control a discharge through drainage may limit the
threat of harm to human health and the environment. This section shall describe how to contain and control a discharge through drainage, including:


## 109 Environmental Protection Agency Pt. 112, App. F

(1) The available volume of containment (use the information presented in section 1.4.1 of the response plan);

(2) The route of drainage from oil storage and transfer areas;

(3) The construction materials used in drainage troughs;

(4) The type and number of valves and separators used in the drainage system;

(5) Sump pump capacities; (6) The containment capacity of weirs and booms that might be used and their location (see section 1.3.2 of this appendix); and

(7) Other cleanup materials. In addition, a facility owner or operatormust meet the inspection and monitoring requirements for drainage contained in 40 CFR part 112, subparts A through C. A copy of thecontainment and drainage plans that are required in 40 CFR part 112, subparts A through C may be inserted in this section, including any diagrams in those plans.

N OTE : The general permit for stormwaterdrainage may contain additional requirements.

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

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

1.8.1 Facility Self-Inspection

Under 40 CFR 112.7(e), you must includethe written procedures and records of inspections for each facility in the SPCC Plan. You must include the inspection records for each container, secondary containment, and item of response equipment at the facility. Youmust cross-reference the records of inspections of each container and secondary containment required by 40 CFR 112.7(e) in the facility response plan. The inspection record of response equipment is a new requirement in this plan. Facility self-inspection requirestwo-steps: (1) a checklist of things to inspect; and (2) a method of recording the actual inspection and its findings. You must note the date of each inspection. You must keep facility response plan records for five years. You must keep SPCC records for three

years.

1.8.1.1. Tank Inspection

The tank inspection checklist presented below has been included as guidance duringinspections and monitoring. Similar requirements exist in 40 CFR part 112, subparts A through C. Duplicate information from the SPCC Plan may be photocopied and insertedin this section. The inspection checklist consists of the following items:

T ANK I NSPECTION C HECKLIST

1. Check tanks for leaks, specifically looking
for: A. drip marks; B. discoloration of tanks;C. puddles containing spilled or leaked material; D. corrosion; E. cracks; and F. localized dead vegetation.
2. Check foundation for:

A. cracks; B. discoloration;C. puddles containing spilled or leaked material; D. settling; E. gaps between tank and foundation; and F. damage caused by vegetation roots. 3. Check piping for:

A. droplets of stored material; B. discoloration; C. corrosion; D. bowing of pipe between supports; E. evidence of stored material seepage

from valves or seals; and F. localized dead vegetation.



### T ANK 

### /S URFACE 

### I MPOUNDMENT 

### I NSPECTION 

### L OG

Inspector Tank or SI# Date Comments


## 110 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. F

T ANK 

### /S URFACE 

### I MPOUNDMENT 

### I NSPECTION 

### L OG 

### —Continued

Inspector Tank or SI# Date Comments

1.8.1.2 Response Equipment Inspection

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

Response Equipment Checklist

1. Inventory (item and quantity); 2. Storage location; 3. Accessibility (time to access and respond);

4. Operational status/condition;5. Actual use/testing (last test date and frequency of testing); and

6. Shelf life (present age, expected replacement date).

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



### R ESPONSE 

### E QUIPMENT 

### I NSPECTION 

### L OG
[Use section 1.3.2 of the response plan as a checklist]

Inspector Date Comments


## 111 Environmental Protection Agency Pt. 112, App. F

R ESPONSE 

### E QUIPMENT 

### I NSPECTION 

### L OG 

### —Continued

[Use section 1.3.2 of the response plan as a checklist]

Inspector Date Comments

1.8.1.3 Secondary Containment Inspection

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

Secondary Containment Checklist

1. Dike or berm system.

A. Level of precipitation in dike/available

capacity; B. Operational status of drainage valves; C. Dike or berm permeability; D. Debris; E. Erosion; F. Permeability of the earthen floor of

diked area; andG. Location/status of pipes, inlets, drainage beneath tanks, etc. 2. Secondary containment

A. Cracks; B. Discoloration; C. Presence of spilled or leaked material

(standing liquid); D. Corrosion; and E. Valve conditions. 3. Retention and drainage ponds

A. Erosion; B. Available capacity; C. Presence of spilled or leaked material; D. Debris; and E. Stressed vegetation.
The tank inspection checklist presented below has been included as guidance duringinspections and monitoring. Similar requirements exist in 40 CFR part 112, subparts A through C. Similar requirements exist in 40 CFR 112.7(e). Duplicate information from the SPCC Plan may be photocopied and inserted
in this section.

1.8.2 Facility Drills/Exercises

(A) CWA section 311(j)(5), as amended by OPA, requires the response plan to contain a description of facility drills/exercises. According to 40 CFR 112.21(c), the facility owner or operator shall develop a program of facility response drills/exercises, including evaluation procedures. Following the PREPguidelines (see appendix E to this part, section 13, for availability) would satisfy a facility’s requirements for drills/exercises under this part. Alternately, under §112.21(c), a facility owner or operator may develop a program that is not based on the PREPguidelines. Such a program is subject to approval by the Regional Administrator based on the description of the program provided in the response plan.

(B) The PREP Guidelines specify that the facility conduct internal and external drills/
exercises. The internal exercises include: qualified individual notification drills, spillmanagement team tabletop exercises, equipment deployment exercises, and unannounced exercises. External exercises include Area Exercises. Credit for an Area or Facility-specific Exercise will be given tothe facility for an actual response to a discharge in the area if the plan was utilized for response to the discharge and the objectives of the Exercise were met and were properly evaluated, documented, and self-certified.

(C) Section 112.20(h)(8)(ii) requires the facility owner or operator to provide a description of the drill/exercise program to be carried out under the response plan. QualifiedIndividual Notification Drill and Spill Management Team Tabletop Drill logs shall beprovided in sections 1.8.2.1 and 1.8.2.2, respectively. These logs may be included in the facility response plan or kept as an annex to the facility response plan. See section 1.3.3 of this appendix for Equipment Deployment Drill Logs.


## 112 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. F

1.8.2.1 Qualified Individual Notification Drill Logs

Qualified Individual Notification Drill Log

Date:

llllllllllllllllllll Company:

llllllllllllllllll Qualified Individual(s):

lllllllllll Emergency Scenario:

llllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllll Evaluation:

lllllllllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllll Changes to be Implemented:

llllllll

llllllllllllllllllllllll

llllllllllllllllllllllll Time Table for Implementation:

llllll

llllllllllllllllllllllll 1.8.2.2 Spill Management Team Tabletop Exercise Logs

Spill Management Team Tabletop Exercise Log

Date:

llllllllllllllllllll Company:

llllllllllllllllll Qualified Individual(s):

lllllllllll Emergency Scenario:

llllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllll Evaluation:

lllllllllllllllll llllllllllllllllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllll Changes to be Implemented:

llllllll

llllllllllllllllllllllll

llllllllllllllllllllllll Time Table for Implementation:

llllll 1.8.3 Response Training

Section 112.21(a) requires facility owners oroperators to develop programs for facility response training. Facility owners or operators are required by §112.20(h)(8)(iii) to provide a description of the response training program to be carried out under the response plan. A facility’s training program can be based on the USCG’s Training Elements for Oil Spill Response, to the extent applicable to facilityoperations, or another response training program acceptable to the RA. The training elements are available from the USCG Office of Response (G-MOR) at (202) 267–0518 or fax (202) 267–4085. Personnel response training logs and discharge prevention meeting logs
shall be included in sections 1.8.3.1 and 1.8.3.2 of the response plan respectively. These logs may be included in the facility response plan or kept as an annex to the facility response plan.

1.8.3.1 Personnel Response Training Logs



### P ERSONNEL 

### R ESPONSE 

### T RAINING 

### L OG

Name Response training/date and number of hours Prevention training/date and number of hours

1.8.3.2 Discharge Prevention Meetings Logs

D ISCHARGE P REVENTION M EETING L OG

Date:

llllllllllllllllllll Attendees:

llllllllllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllll llllllllllllllllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllll

llllllllllllllllllllllll


## 113 Environmental Protection Agency Pt. 112, App. F

Subject/issue identified Required action Implementation date

1.9 Diagrams

The facility-specific response plan shall include the following diagrams. Additional diagrams that would aid in the development of response plan sections may also be included.
(1) The Site Plan Diagram shall, as appropriate, include and identify: (A) the entire facility to scale;(B) above and below ground bulk oil storage tanks; (C) the contents and capacities of bulk oil

storage tanks; (D) the contents and capacity of drum oil

storage areas; (E) the contents and capacities of surface

impoundments; (F) process buildings; (G) transfer areas;(H) secondary containment systems (location and capacity); (I) structures where hazardous materials

are stored or handled, including materials stored and capacity of storage;(J) location of communication and emergency response equipment; (K) location of electrical equipment which

contains oil; and (L) for complexes only, the interface(s)

(i.e., valve or component) between the portion of the facility regulated by EPA and the portion(s) regulated by other Agencies. In most cases, this interface is defined as the last valve inside secondarycontainment before piping leaves the secondary containment area to connect to the transportation-related portion of thefacility (i.e., the structure used or intended to be used to transfer oil to or from a vessel or pipeline). In the absence of secondary containment, this interface is the valve manifold adjacent to the
tank nearest the transfer structure as described above. The interface may be defined differently at a specific facility if agreed to by the RA and the appropriate
Federal official. (2) The Site Drainage Plan Diagram shall, as appropriate, include:(A) major sanitary and storm sewers, manholes, and drains; (B) weirs and shut-off valves; (C) surface water receiving streams; (D) fire fighting water sources; (E) other utilities; (F) response personnel ingress and egress; (G) response equipment transportation

routes; and(H) direction of discharge flow from discharge points. (3) The Site Evacuation Plan Diagram shall, as appropriate, include: (A) site plan diagram with evacuation

route(s); and (B) location of evacuation regrouping

areas.

1.10 Security

According to 40 CFR 112.7(g) facilities arerequired to maintain a certain level of security, as appropriate. In this section, a description of the facility security shall be provided and include, as appropriate:
(1) emergency cut-off locations (automatic or manual valves); (2) enclosures (e.g., fencing, etc.); (3) guards and their duties, day and night; (4) lighting; (5) valve and pump locks; and (6) pipeline connection caps.

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

2.0 Response Plan Cover Sheet

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

2.1 General Information

Owner/Operator of Facility: Enter the name of the owner of the facility (if the owner isthe operator). Enter the operator of the facility if otherwise. If the owner/operator of


## 114 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. F

the facility is a corporation, enter the nameof the facility’s principal corporate executive. Enter as much of the name as will fit in
each section.

(1) Facility Name: Enter the proper name of the facility.

(2) Facility Address: Enter the street address, city, State, and zip code.

(3) Facility Phone Number: Enter the phone number of the facility.

(4) Latitude and Longitude: Enter the facility latitude and longitude in degrees, minutes, and seconds.

(5) Dun and Bradstreet Number: Enter the facility’s Dun and Bradstreet number if available (this information may be obtained from public library resources).

(6) North American Industrial Classification System (NAICS) Code: Enter the facility’s NAICS code as determined by the Office of Management and Budget (this informationmay be obtained from public library resources.)

(7) Largest Oil Storage Tank Capacity: Enter the capacity in GALLONS of the largest aboveground oil storage tank at the facility.

(8) Maximum Oil Storage Capacity: Enter the total maximum capacity in GALLONS of allaboveground oil storage tanks at the facility.

(9) Number of Oil Storage Tanks: Enter the number of all aboveground oil storage tanks at the facility.

(10) Worst Case Discharge Amount: Using information from the worksheets in appendixD, enter the amount of the worst case discharge in GALLONS.

(11) Facility Distance to Navigable Waters: Mark the appropriate line for the nearestdistance between an opportunity for discharge (i.e., oil storage tank, piping, or flowline) and a navigable water.

2.2 Applicability of Substantial Harm Criteria

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

2.3 Certification

Complete this block after all other questions have been answered.

3.0 Acronyms

ACP: Area Contingency PlanASTM: American Society of Testing Materials
bbls: Barrels bpd: Barrels per Day bph: Barrels per HourCHRIS: Chemical Hazards Response Information System
CWA: Clean Water Act DOI: Department of Interior DOC: Department of Commerce DOT: Department of Transportation EPA: Environmental Protection Agency FEMA: Federal Emergency Management

Agency FR: Federal Register gal: Gallons gpm: Gallons per Minute
HAZMAT: Hazardous MaterialsLEPC: Local Emergency Planning Committee MMS: Minerals Management Service (part of

DOI)
NAICS: North American Industrial Classification System
NCP: National Oil and Hazardous Substances

Pollution Contingency Plan NOAA: National Oceanic and Atmospheric

Administration (part of DOC) NRC: National Response Center NRT: National Response Team
OPA: Oil Pollution Act of 1990
OSC: On-Scene Coordinator PREP: National Preparedness for Response

Exercise Program RA: Regional Administrator RCRA: Resource Conservation and Recovery

Act RRC: Regional Response Centers RRT: Regional Response TeamRSPA: Research and Special Programs AdministrationSARA: Superfund Amendments and Reauthorization ActSERC: State Emergency Response Commission SDWA: Safe Drinking Water Act of 1986 SI: Surface ImpoundmentSPCC: Spill Prevention, Control, and Countermeasures USCG: United States Coast Guard

4.0 References

CONCAWE. 1982. Methodologies for HazardAnalysis and Risk Assessment in the Petroleum Refining and Storage Industry. Prepared by CONCAWE’s Risk Assessment Adhoc Group.

U.S. Department of Housing and Urban Development. 1987. Siting of HUD-AssistedProjects Near Hazardous Facilities: Acceptable Separation Distances from Explosiveand Flammable Hazards. Prepared by the Office of Environment and Energy, Environmental Planning Division, Department ofHousing and Urban Development. Washington, DC.

U.S. DOT, FEMA and U.S. EPA. Handbook of Chemical Hazard Analysis Procedures.

U.S. DOT, FEMA and U.S. EPA. Technical Guidance for Hazards Analysis: Emergency


## 115 Environmental Protection Agency Pt. 112, App. F

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

3 For further description of fish and wildlife and sensitive environments, see Appendices I, II, and III to DOC/NOAA’s ‘‘Guidance for Facility and Vessel Response Plans: Fish and Wildlife and Sensitive Environments’’ (seeappendix E to this part, section 13, for availability) and the applicable ACP.Planning for Extremely Hazardous Substances.

The National Response Team. 1987. Hazardous Materials Emergency Planning Guide. Washington, DC.

The National Response Team. 1990. OilSpill Contingency Planning, National Status: A Report to the President. Washington, DC. U.S. Government Printing Office.

Offshore Inspection and Enforcement Division. 1988. Minerals Management Service,Offshore Inspection Program: National Potential Incident of Noncompliance (PINC) List. Reston, VA.

A TTACHMENTS TO A PPENDIX F

Attachment F–1—Response Plan Cover Sheet

This cover sheet will provide EPA with basic information concerning the facility. Itmust accompany a submitted facility response plan. Explanations and detailed instructions can be found in appendix F. Please type or write legibly in blue or black ink. Public reporting burden for the collection of this information is estimated to vary from 1 hour to 270 hours per response in the firstyear, with an average of 5 hours per response. This estimate includes time for reviewing instructions, searching existing datasources, gathering the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate of this information, including suggestions for reducing this burden to: Chief, Information Policy Branch, Mail Code: PM–2822, U.S. Environmental ProtectionAgency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460;and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington D.C. 20503.

G ENERAL I NFORMATION

Owner/Operator of Facility:

lllllllll Facility Name:

lllllllllllllll Facility Address (street address or route):

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

lllllll Facility Phone No.:

lllllllllllll Latitude (Degrees: North):

lllllllll degrees, minutes, seconds

llllllllll Dun & Bradstreet Number: 1

llllllllLargest Aboveground Oil Storage Tank Capacity (Gallons):

lllllllllllll Number of Aboveground Oil Storage Tanks:

llllllllllllllllllllllll Longitude (Degrees: West):

llllllllllllllllllllllll degrees, minutes, seconds

llllllllll North American Industrial Classification System (NAICS) Code: 1

llllllllll Maximum Oil Storage Capacity (Gallons):

l Worst Case Oil Discharge Amount (Gallons):
Facility Distance to Navigable Water. Mark

the appropriate line.

lllllllllll 0– 1

⁄ 4 mile

ll 1 ⁄ 4

– 1

⁄ 2 mile

ll 1 ⁄ 2 –1 mile

ll >1
mile

ll

A PPLICABILITY OF S UBSTANTIAL H ARM C RITERIA

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

lllllllllllllllllllll No

llllllllllllllllllllll

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

Yes

lllllllllllllllllllll No

llllllllllllllllllllll

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

Yes

lllllllllllllllllllll No

llllllllllllllllllllllDoes the facility have a total oil storage capacity greater than or equal to 1 milliongallons and is the facility located at a distance 2 (as calculated using the appropriateformula in appendix C or a comparable formula) such that a discharge from the facility would shut down a public drinking
water intake? 2

llllllllllllll Yes

lllllllllllllllllllll


## 116 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. G

No

llllllllllllllllllllll

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

Yes

lllllllllllllllllllll No

llllllllllllllllllllll C ERTIFICATION

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

llllllllllllllllll Name (Please type or print):

llllllll Title:

llllllllllllllllllll Date:

llllllllllllllllllll [59 FR 34122, July 1, 1994; 59 FR 49006, Sept. 26, 1994, as amended at 65 FR 40816, June 30, 2000; 65 FR 43840, July 14, 2000; 66 FR 34561, June 29, 2001; 67 FR 47152, July 17, 2002]



### A PPENDIX 

### G TO 

### P ART 

### 112—T IER 

### I Q UALIFIED 

### F ACILITY 

### SPCC P LAN


## 117 Environmental Protection Agency Pt. 112, App. G


## 118 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. G


## 119 Environmental Protection Agency Pt. 112, App. G


## 120 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. G


## 121 Environmental Protection Agency Pt. 112, App. G


## 122 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. G


## 123 Environmental Protection Agency Pt. 112, App. G


## 124 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. G


## 125 Environmental Protection Agency Pt. 112, App. G


## 126 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. G


## 127 Environmental Protection Agency Pt. 112, App. G


## 128 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. G


## 129 Environmental Protection Agency Pt. 112, App. G


## 130 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. G


## 131 Environmental Protection Agency Pt. 112, App. G


## 132 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. G


## 133 Environmental Protection Agency Pt. 112, App. G


## 134 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. G


## 135 Environmental Protection Agency Pt. 112, App. G


## 136 40 CFR Ch. I (7–1–15 Edition) Pt. 112, App. G


## 137 Environmental Protection Agency Pt. 112, App. G


## 138 40 CFR Ch. I (7–1–15 Edition) Pt. 113

[74 FR 58811, Nov. 13, 2009]



## PART 113—LIABILITY LIMITS FOR

SMALL ONSHORE STORAGE FACILITIES

Subpart A—Oil Storage Facilities

Sec. 113.1 Purpose. 113.2 Applicability.

113.3 Definitions. 113.4 Size classes and associated liabilitylimits for fixed onshore oil storage facilities, 1,000 barrels or less capacity.

113.5 Exclusions.
113.6 Effect on other laws.

A UTHORITY : Sec. 311(f)(2), 86 Stat. 867 (33 U.S.C. 1251 (1972)).

S OURCE : 38 FR 25440, Sept. 13, 1973, unless
otherwise noted. 

## Subpart A—Oil Storage Facilities

§ 113.1 Purpose.

This subpart establishes size classifications and associated liability limits for small onshore oil storage facilities with fixed capacity of 1,000 barrels or
less.

§ 113.2 Applicability.

This subpart applies to all onshoreoil storage facilities with fixed capacity of 1,000 barrels or less. When a discharge to the waters of the United
States occurs from such facilities andwhen removal of said discharge is performed by the United States Government pursuant to the provisions of subsection 311(c)(1) of the Act, the liability