Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations 13991

CFR part or section where

identified and described

Current

OMB control No.

* * * * *

1.274–5 ..................................... 1545–0139

1545–0771

* * * * *

2. Adding an entry in numerical order

to the table to read as follows:

CFR part or section where

identified and described

Current

OMB control No.

* * * * *

1.274–5A ................................... 1545–0139

1545–0771

* * * * *

Margaret Milner Richardson,

Commissioner of Internal Revenue.

Approved: February 14, 1997.

Donald C. Lubick,

Acting Assistant Secretary of the Treasury.

[FR Doc. 97–7095 Filed 3–24–97; 8:45 am]

BILLING CODE 4830–01–U

MINE SAFETY AND HEALTH

ADMINISTRATION

30 CFR Part 3

OMB Control Numbers Under the

Paperwork Reduction Act

AGENCY: Mine Safety and Health

Administration, Labor.

ACTION: Final rule; technical

amendment.

SUMMARY: The Mine Safety and Health

Administration (MSHA) is amending its

regulations to display the control

number approved by the Office of

Management and Budget (OMB) for

information collection required in the

final rule for the Approval, Exhaust Gas

Monitoring, and Safety Requirements

for the Use of Diesel-Powered

Equipment in Underground Coal Mines.

The Paperwork Reduction Act requires

agencies to display OMB control

numbers for information collections.

This notice fulfills MSHA’s obligation.

EFFECTIVE DATE: March 24, 1997.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey , Director, Office of

Standards, Regulations, and Variances,

Mine Safety and Health Administration,

4015 Wilson Boulevard, Arlington, VA

22203–1984; 703–235–1910 (voice);

psilvey@msha.gov (internet e-mail); or

703–235–5551 (facsimile).

SUPPLEMENTARY INFORMATION: MSHA

published a final rule presenting the

OMB control numbers in a new table

format which was codified in 30 CFR

Part 3 on June 29, 1995 (60 FR 33719).

This fulfilled the requirements of 44

U.S.C. 3507(f) of the Paperwork

Reduction Act which prohibits an

agency from engaging in a collection of

information without displaying the

control number obtained from OMB.

The table lists the part and section

numbers with information collection

requirements and the corresponding

OMB control numbers.

MSHA submitted new information

collection requirements contained in

parts 7 and 75 of the final rule on the

approval, exhaust gas monitoring, and

safety requirements for the use of dieselpowered equipment in underground

coal mines for OMB review on October

22, 1996. The final rule was published

on October 25, 1996. OMB approved the

paperwork requirements under control

number 1219–0119 on November 26,

1996.

MSHA has determined that public

notice and comment is unnecessary in

this technical amendment to

rulemaking. Information collection

requirements go through the public

review process as part of the rule to

which it applies. Likewise, the renewal

of an OMB control number also requires

public review. As a result, MSHA finds

that there is ‘‘good cause’’ under 5

U.S.C., 553 (b)(B) of the Administrative

Procedure Act (APA) to issue this

amendment to Table 1 in 30 CFR Part

3 without prior public notice and

comment. MSHA has determined there

is no need to delay the effective date

because the technical amendment

contains no new requirements for which

the public would need time to plan

compliance beyond that provided for in

the regulation itself. MSHA finds,

therefore, that there is ‘‘good cause’’ to

except this action from the 30-day

delayed effective date requirement

under 5 U.S.C. 553 (d)(3) of the APA.

List of Subjects in 30 CFR Part 3

Reporting and recordkeeping

requirements.

Dated: March 12, 1997.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

Accordingly, under the authority of

30 U.S.C. 957, chapter I of title 30, Code

of Federal Regulation is amended as set

forth below.

PART 3—OMB CONTROL NUMBERS

UNDER THE PAPERWORK

REDUCTION ACT

1. The authority citation for part 3

continues to read as follows:

Authority: 30 U.S.C. 957; 44 U.S.C. 3501–

3520.

2. Table 1 in 3.1 is amended by

adding the following sections and

corresponding control numbers in

numerical order:

30 CFR citation OMB control No.

7.83 ........................................... 1219–0119

7.90 ........................................... 1219–0119

7.97 ........................................... 1219–0119

7.105 ......................................... 1219–0119

75.363 ....................................... 1219–0119

75.371(r), (kk), (ll), (mm), (nn),

(oo), and (pp) ........................ 1219–0119

75.1901(a) ................................. 1219–0119

75.1904(b)(4) ............................ 1219–0119

75.1911(i) and (j) ...................... 1219–0119

75.1912(h) and (i) ..................... 1219–0119

75.1914(f), (g)(5), and (h) ......... 1219–0119

75.1915(a), (b)(5), and (c) ........ 1219–0119

[FR Doc. 97–7480 Filed 3–24–97; 8:45 am]

BILLING CODE 4510–43–P

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Parts 250 and 254

RIN 1010–AB81

Response Plans for Facilities Located

Seaward of the Coast Line

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Final rule.

SUMMARY: This final rule revises the

current interim final rule governing

response plans for facilities located

seaward of the coast line. The rule will

bring MMS regulations into

conformance with the Oil Pollution Act

of 1990 (OPA). Revisions to existing

rules will delete previous MMS

requirements that are similar to

requirements of this rule. The final rule

will combine MMS requirements for oilspill contingency plans for facilities in

both State and Federal waters seaward

of the coast line.

EFFECTIVE DATE: June 23, 1997.

FOR FURTHER INFORMATION CONTACT:

Lawrence H. Ake, Engineering and

Research Branch, at (703) 787–1567.

SUPPLEMENTARY INFORMATION:

Background and Purpose

In August 1990, Congress passed OPA

which, among other things, amended

section 311(j) of the Federal Water

Pollution Control Act (FWPCA) by

strengthening provisions concerning oilspill prevention efforts and spillresponse capability.
13992 Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations

Under Executive Order (E.O.) 12777,

MMS has responsibility under FWPCA

for issuing regulations requiring owners

or operators of offshore facilities to

prepare and submit spill-response

plans. The FWPCA requires that owners

or operators of offshore facilities,

including associated pipelines, prepare

and submit response plans. They must

also ensure the availability of private

personnel and equipment to contain

discharges of oil and hazardous

substances. The new authorities apply

to all offshore areas including State

submerged lands but not to deep-water

ports subject to the Deepwater Port Act

(33 U.S.C. 1501 et seq.).

MMS published an advance notice of

proposed rulemaking (ANPR) in the

Federal Register on August 12, 1992 (

57 FR 36032–36034). That notice

informed the public that MMS was

developing regulations governing the

establishment of procedures, methods,

and equipment to prevent and contain

discharges of oil and hazardous

substances under section 311(j)(1)(C) of

FWPCA; preparation and submission of

response plans under section 311(j)(5) of

FWPCA and section 4202(b)(4) of OPA;

and periodic inspection of containment

booms and response equipment under

section 311(j)(6)(A) of FWPCA. The

notice also solicited information

concerning the development of these

requirements.

MMS reviewed and analyzed the

comments received from the ANPR and

published a notice of proposed

rulemaking (NPR) covering these

requirements on January 13, 1995 (60

FR 3177–3184).

Prior to development of the proposed

rule, MMS was faced with the need to

allow owners and operators of facilities

to operate under an approved spillresponse plan as soon as possible. This

need was dictated by a mandate in

section 4202(b)(4) of OPA, that owners

or operators of facilities submit response

plans by February 18, 1993. Failure to

do so would mean that a facility could

not be used to handle, store, or transport

oil until the owner or operator

submitted a plan. To meet this deadline,

MMS developed an interim final rule

that ensured that spill-response plans of

sufficient quality were being developed.

The interim final rule also provided a

means for facility owners to comply

with the February 18, 1993, deadline.

This process ensured that spill-response

plans were in place at the earliest

possible date and that the beneficial

environmental effects of spill-response

plans were realized while more

extensive regulations to implement OPA

were being developed.

MMS originally established an

expiration date for the interim rule of

February 18, 1995. This date was

subsequently deleted, and the interim

rule remains in effect until the effective

date of this final rule.

In developing this final rule, MMS

has relied on comments from the

regulated community as well as

experience developed during review of

plans under the interim final rule.

As with the interim rule, this final

rule allows those with MMS approved

spill-response plans for facilities in the

Outer Continental Shelf (OCS) to

expand those plans to include facilities

in State waters of the same geographic

area. Owners and operators of facilities

in State waters with plans approved by

the State must submit a copy of the plan

to MMS, along with information

pertaining to the approval. This rule

also allows owners and operators of

facilities in State waters that do not fall

in either of these categories to submit a

plan based on the requirements for OCS

facilities.

This rulemaking does not regulate

animal or vegetable oils. MMS has

determined that these oils are not

handled in large quantities on offshore

facilities and need not be addressed in

this rule. MMS will evaluate whether to

solicit public comment on the need for

a future rulemaking covering these oils.

After publishing the NPR for this rule

on January 13, 1995, MMS became

involved in the National Response

Team’s effort to formulate integrated

contingency plan (ICP) guidance. The

ICP guidance is intended to provide a

consistent format for emergency

response plans. Since a particular

facility may be subject to several Federal

regulations, use of the ICP format will

allow facility owners to address all the

requirements in just one plan.

The ICP guidelines were published in

the Federal Register on June 5, 1996 (61

FR 28641–28664). At that time, the

other Federal agencies supporting the

ICP process published regulatory crosscomparison matrices which showed

where agency requirements could be

placed under the ICP format. MMS did

not provide a matrix because this rule

was not yet completed. The following

tables provide this matrix.

These tables may be used for guidance

if you plan to submit your oil-spill

response plan in the ICP format. You

should submit a cross-reference with

your plan that identifies the location of

required sections if you choose to use

any alternate format.

I. ICP DEVELOPMENT MATRIX

ICP elements MMS requirements

(30 CFR 254)

Section I—Plan Introduction Elements

1. Purpose and scope of plan coverage ...................................................................................................................... 254.20; 254.50.

2. Table of contents ...................................................................................................................................................... 254.21.

3. Current revision date ................................................................................................................................................ 254.22.

4. General facility identification information .................................................................................................................. 254.22; 254.53(b).

a. Facility name

b. Owner/operator/agent

c. Physical address and directions ........................................................................................................................ 254.22; 254.53(b).

d. Mailing address

e. Other identifying information

f. Key contact(s) for plan development and maintenance

g. Phone number for key contact(s)

h. Facility phone number ....................................................................................................................................... 254.23(d).

i. Facility fax number ............................................................................................................................................. 254.23(d).

Section II—Core Plan Elements

1. Discovery .................................................................................................................................................................. 254.23(f).

2. Initial response

a. Procedures for internal and external notifications ............................................................................................ 254.23(g)(1).
Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations 13993

I. ICP DEVELOPMENT MATRIX—Continued

ICP elements MMS requirements

(30 CFR 254)

b. Establishment of a response management structure ....................................................................................... 254.23(b).

c. Preliminary assessment

d. Establishment of objectives and priorities for response, including: .................................................................. 254.23(g); 254.24(a).

(1) Immediate goals/tactical planning

(2) Mitigating actions

(3) Response resources

e. Implementation of tactical plan

f. Mobilization of resources ................................................................................................................................... 254.23(g) (4); (5).

3. Sustained actions ..................................................................................................................................................... 254.23(g) (6); (8).

4. Termination and followup actions

Section III—Annexes

1. Facility and locality information ................................................................................................................................ 254.22(a); 254.53(b).

a. Facility maps ..................................................................................................................................................... 254.53(b).

b. Facility drawings

c. Facility description/layout .................................................................................................................................. 254.22(a).

2. Notification

a. Internal .............................................................................................................................................................. 254.23(g)(1).

b. Community ........................................................................................................................................................ 254.23(g)(1)(vi).

c. Federal and State agency ................................................................................................................................. 254.46; 254.23(g)(1)(vi).

3. Response management structure ............................................................................................................................ 254.23(b).

a. General .............................................................................................................................................................. 254.23(b).

b. Command

(1) Facility incident commander and qualified individual ...................................................................................... 254.23(a).

(2) Information ....................................................................................................................................................... 254.23(b).

(3) Safety ............................................................................................................................................................... 254.23(b).

(4) Liaison .............................................................................................................................................................. 254.23.(b).

c. Operations

(1) Response objectives

(2) Discharge or release control ............................................................................................................................ 254.23 (f); (g).

(3) Assessment/monitoring .................................................................................................................................... 254.23(g)(3).

(4) Containment ..................................................................................................................................................... 254.23(g) (4); (5).

(5) Recovery .......................................................................................................................................................... 254.23(g) (6); (7); (8).

(6) Decontamination

(7) Nonresponder medical needs

(8) Salvage plans

d. Planning

(1) Hazard assessment ......................................................................................................................................... 254.26(c).

(2) Protection ......................................................................................................................................................... 254.26(c).

(3) Coordination with natural resource trustees .................................................................................................... 254.23(g)(1) (v); (vi).

(4) Waste management ......................................................................................................................................... 254.23(g)(8).

e. Logistics

(1) Medical needs

(2) Site security

(3) Communications .............................................................................................................................................. 254.23(d).

(4) Transportation .................................................................................................................................................. 254.26(d)(2).

(5) Personnel support

(6) Equipment maintenance and support .............................................................................................................. 254.24(b); 254.43.

f. Finance/procurement/administration

(1) Resource list

(2) Personnel ......................................................................................................................................................... 254.23 (a); (b); (c).

(3) Response equipment ....................................................................................................................................... 254.24.

(4) Support equipment ........................................................................................................................................... 254.26(d)(2).

(5) Contracting ....................................................................................................................................................... 254.25.

(6) Claims procedures

(7) Cost documentation

4. Incident documentation

a. Post accident investigation

b. Incident history .................................................................................................................................................. 254.46(b)(2).

5. Training and exercises/drills ..................................................................................................................................... 254.41; 254.42.

6. Response critique and plan review and modification process ................................................................................. 254.30; 254.42(d).

7. Prevention ................................................................................................................................................................ 254.54.

II. REGULATION CROSS-COMPARISON MATRIX

MMS–30 CFR part 254 ICP citation(s)

254.1 Who must submit a response plan?

254.2 When must I submit a response plan?
13994 Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations

II. REGULATION CROSS-COMPARISON MATRIX—Continued

MMS–30 CFR part 254 ICP citation(s)

254.3 May I cover more than one facility in my response plan?

254.4 May I reference other documents in my response plan?

254.5 General response plan requirements.

254.6 Definitions.

254.7 How do I submit my response plan to the MMS?

254.8 May I appeal decisions under this rule?

254.9 Authority for information collection.

254.20 Purpose .......................................................................................................................................................... I.1.

254.21 How must I format my response plan? .......................................................................................................... I.2.

254.22 What information must I include in the ‘‘Introduction and plan contents’’ section? ...................................... I.2; I.3; I.4 (c), (e); III.8.

254.23 What information must I include in the ‘‘Emergency response action plan’’ section? .................................. II.1; II.2(a); II.2(d); II.2(f);

III.2; III.3(b)(1).

254.24 What information must I include in the ‘‘Equipment inventory’’ appendix? ................................................... III.3(f)(3).

254.25 What information must I include in the ‘‘Contractual agreements’’ appendix? ............................................. III.3(f)(5).

254.26 What information must I include in the ‘‘Worst case discharge scenario’’ appendix? .................................. III.3(d).

254.27 What information must I include in the ‘‘Dispersant use plan’’ appendix? .................................................... III.3(c).

254.28 What information must I include in the ‘‘In situ burning plan’’ appendix? ..................................................... III.3(c).

254.29 What information must I include in the ‘‘Training and drills’’ appendix? ....................................................... III.5.

254.30 When must I revise my spill plan? ................................................................................................................. III.6.

254.40 Records.

254.41 Training your personnel ................................................................................................................................. III.5.

254.42 Exercises for your response personnel and equipment ................................................................................ III.5.

254.43 Maintenance and periodic inspection of response equipment

254.44 Calculating response equipment effective daily recovery capacities

254.45 Verifying the capabilities of your response equipment

254.46 Whom do I notify if an oil spill occurs? .......................................................................................................... III.2.

254.47 Determining the volume of oil of your worst case discharge scenario ......................................................... III.3(d)

254.50 Spill-response plans for facilities located in State waters seaward of the coast line

254.51 Modifying an existing OCS response plan

254.52 Following the format for an OCS response plan

254.53 Submitting a response plan developed under State requirements

254.54 Spill prevention for facilities located in State waters seaward of the coast line ........................................... III.7.

Discussion of Comments and Changes

MMS received 32 letters commenting

on the NPR. The following discussion

summarizes these comments and the

substantive changes made to the final

rule. MMS has also restructured the

regulation into a more readable and

user-friendly format. A simplified

question and answer format has been

used, and the rule has been separated

into subparts. The following discussion

generally follows the order of the

sections in the proposed rule.

General Comments

Several letters contained questions

about other MMS regulations for oilspill contingency plans currently found

at 30 CFR 250.42 and 250.43. These

comments questioned whether the

proposed regulations were in addition

to those spill-response requirements.

The answer is no. The new

requirements of this rule, which will be

located in 30 CFR part 254, are intended

to supersede those regulations which

are removed from part 250 with this

rule.

One comment pointed out that the

rule does not contain an appeals

process. We have added a section

explaining the appeals process.

Several comments addressed the issue

of hazardous substance response

planning. They complained that some of

the proposed requirements duplicated

requirements of the Environmental

Protection Agency (EPA). Another

comment suggested that it would be

prudent for MMS to follow the example

of other agencies and separate

hazardous discharge response planning

from this rule and address that subject

later. MMS agrees and is not now

issuing response planning requirements

for hazardous materials. Typically,

hazardous substances are used in very

limited quantities on offshore facilities.

We are presently collecting additional

information on the types and quantities

of hazardous substances used offshore.

MMS is also monitoring the

development of other Federal

requirements on this subject. The U.S.

Coast Guard will provide MMS and

other Federal agencies with the public

responses to their recent ANPR on

hazardous substance response planning.

MMS will proceed with rulemaking

concerning response planning for

hazardous materials after we determine

more precisely the extent of hazardous

substance usage and can develop a rule

that will act in concert with other

regulations currently being developed

by other agencies.

Several comments stressed that the

rule should specifically mention that

pipelines would not require a plan after

they had been abandoned in place.

Others felt it burdensome to maintain

current plans for wells or facilities that

had been temporarily abandoned. We

changed the rule to show that an owner

or operator no longer needs to maintain

a plan after it has received written

notice from the Regional Supervisor that

a plan is no longer required.

Many commenters felt that MMS did

not need to request that copies of

contracts with oil-spill response

organizations be included with the

response plan. They cited the

voluminous nature of many of these

contracts as a primary reason. MMS

agrees, and the final rule allows owners

and operators to certify that such

contracts exist but does not require their

submission.

Several comments criticized that the

rule as proposed would require

compliance without allowing sufficient

time to prepare a new plan. We have

changed the final rule in two areas.

First, the effective date of the rule has

been set at 90 days after publication in

the Federal Register. Second, owners
Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations 13995

and operators with currently approved

plans do not have to submit plans

complying with this rule until the next

update of their plan is due. The

Regional Supervisor may extend this

deadline upon request.

MMS received several comments

arguing that MMS’s definition for ‘‘coast

line’’ was confusing. The wording,

however, was taken from the Submerged

Lands Act, and where oil production

activities are underway, the line has

been delineated and adopted by the

courts. It is used here because MMS also

uses this established line in a

memorandum of understanding (MOU)

with other Federal agencies that

administer spill response planning

under OPA. In this MOU, MMS

negotiated a redelegation of its

responsibilities for ‘‘offshore’’ facilities

located landward of the coast line to

other Federal agencies with existing

inland regulatory capabilities and

responsibilities. (This redelegation was

published in the Federal Register on

February 28, 1994 ( 59 FR 9494)). These

facilities located landward of the coast

line may have to file spill-response

plans with the EPA or the Department

of Transportation. Our aim was to have

each agency regulate the type of facility

that it has historically regulated. MMS

attempted to use a clearly definable line

that would segregate the majority of

facilities correctly. Some facilities,

however, are clearly of the type used

offshore yet lie landward of this

demarcation line. If you feel that your

facility falls into this category, you may

contact the Regional Supervisor,

agreeing to accept the jurisdiction of

MMS and requesting that the agency

with jurisdiction relinquish jurisdiction

over your facility to MMS.

The proposed rule defined the

‘qualified individual’ (QI) as a member

of the spill management team that

directs the response to an oil spill.

Several comments pointed out that this

went beyond the requirements of OPA

and stated that it was not necessary for

the qualified individual to perform

these duties. MMS has amended this

language in the final rule.

Many comments noted that ‘adverse

weather’ should be defined to exclude

hurricane conditions. MMS agrees that

hurricane conditions, when no response

to a spill is practical, should be

excluded from the definition.

MMS received several comments that

were critical of the fact that the

proposed rule included condensate in

the definition of oil. The commenters

felt the rule would be burdensome for

owners and operators that handled only

small volumes of condensate, since

spills from those facilities would

dissipate rapidly with minimal

environmental effect. The definition has

been left intact. MMS feels that the

Regional Supervisors are best able to

deal with these situations on a case-bycase basis. The Regional Supervisors

have the authority to reduce plan

requirements if they feel that a spill

from the facility poses little or no risk

to the environment.

The definition of owner and operator

has been changed to more closely follow

the definition in the Clean Water Act.

Several comments argued that an in

situ burning plan should only be

required if burning was already

authorized in the appropriate Area

Contingency Plan (ACP). However,

regardless of the current language in an

ACP, the Federal On Scene Coordinator

has the authority to permit burning on

a case-by-case basis to prevent or reduce

hazard to human life. Additionally, the

Region VI Regional Response Team,

which oversees the Federal Region

where most offshore facilities are

located, has established a preapproval

zone for in situ burning. MMS believes

that this option for spill removal is

important in the offshore environment

and will leave the requirement in the

rule.

We received many comments

concerning the worst case spill scenario.

The major problem cited was the

requirement to use a 30-day total of the

oil that could escape from an

uncontrolled flowing well as a worst

case for a production or drilling facility.

Commenters felt that using the total

from 30 days flow was unrealistic and

represented an unreasonable scenario.

MMS has amended this language to

clarify how the scenario should describe

responding to a well that flows for 30

days. The scenario should demonstrate

how you would remove, store, and

dispose of the oil escaping from an

uncontrolled well on a daily basis for 30

days. MMS does not intend that the rule

be read to require you to demonstrate

how you would respond to the 30-day

total flow from the well as if it had

occurred in a short period of time, as

could happen in a tanker accident.

MMS received several comments

concerning referencing of material in

the plan. The comments suggested

including specific statements

throughout the rule allowing material to

be referenced rather than included in

the plan. MMS has instead inserted a

general statement on referencing in the

plan that applies to the entire

document.

Several commenters expressed the

opinion that a response to an actual oil

spill should be treated as a drill for

training purposes if proper evaluations

are made and records kept. This would

be consistent with the National

Preparedness for Response Exercise

Program (PREP) Guidelines that were

produced as a unified Federal effort.

MMS modified the rule to allow owners

or operators to take training credit for an

actual spill response when they generate

proper records.

MMS received several comments

pointing out that oil spills must be

reported to the National Response

Center as required by law. These

comments urged MMS to not require

duplicate reporting of spills. Current

regulations require the reporting of all

spills, regardless of size, to MMS. In

response to these comments, MMS has

dropped the requirement that spills of

less than 1 barrel be reported to MMS.

This change will reduce the reporting

burden for operators by more than 95

percent. MMS believes that it is

important that the agency be notified of

spills greater than 1 barrel, and this

requirement will remain.

Several commenters felt that the

requirement to submit revisions to the

plan were too onerous and unrealistic.

We made several changes in response to

these comments. First, we changed the

requirement for an annual update to

require a complete review and update

every 2 years. Second, we deleted

several requirements that require

notification and approval. We still

require notification and approval for

substantive changes that affect the

ability to respond to the worst case spill

scenario.

MMS received several comments that

were critical of the requirement that

plans include the steps taken to prevent

spills from facilities located in State

waters. The commenters felt that the

rule gave the MMS Regional Supervisor

open ended authority to require

additional spill prevention measures in

State waters. The rule has been

modified to make it clear that the

Regional Supervisor would only require

additional prevention measures when it

is determined that efforts to prevent

spills do not reflect good industry

practices. MMS does not presently plan

to create new prevention regulations for

facilities in State waters. However,

MMS does plan to work with coastal

States to ensure that sufficient State

oversight is in place to ensure that the

objectives of OPA are met. MMS expects

and intends that the States will assume

primary responsibility for spill

prevention associated with facilities in

their waters. As a first step in this

process, MMS has signed MOU’s with

the major oil producing coastal States

concerning the regulation and

inspection of offshore facilities. The
13996 Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations

MOU’s are designed to help ensure that

Federal and State regulations are

compatible, encourage uniform

enforcement strategies, and provide for

joint Federal and State inspections,

drills, and investigations.

Author

Larry Ake, Engineering and Research

Branch, MMS, prepared this document.

E.O. 12866

This rule was reviewed under E.O.

12866. The Department of the Interior

(DOI) has determined that the rule is not

a significant rule under the criteria of

E.O. 12866 and, therefore, the rule was

not reviewed by the Office of

Management and Budget (OMB).

Regulatory Flexibility Act

DOI has determined that this final

rule will not have a significant

economic effect on a substantial number

of small entities. This rule will not have

a significant economic effect on any

entity, regardless of size. Any minor

effects of this rulemaking will primarily

affect lessees and operators—entities

that are not, by definition, small due to

the technical complexities and financial

resources necessary to conduct OCS

activities. The indirect effects of this

rulemaking on small entities that

provide support for offshore activities

were also determined to be small.

Paperwork Reduction Act

As required by the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.), OMB approved the information

collection requirements in the NPR

covering 30 CFR part 254. The OMB

control number is 1010–0091. An

agency may not conduct or sponsor, and

a person is not required to respond to,

a collection of information unless it

displays a currently valid OMB control

number.

All comments, including any on the

information collection aspects of the

NPR, are discussed in an earlier section

of the preamble. The final rule changes

the structure of the regulation, thereby

changing the citations for the

information collection requirements.

However, no significant changes to the

information collection resulted from the

comments and restructuring or other

revisions in the final rule.

MMS estimates the public reporting

burden for this information collection

will average approximately 107 hours

per response. This includes the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the

information collection.

Takings Implication Assessment

DOI determined that this final rule

does not represent a governmental

action capable of interference with

constitutionally protected property

rights. Thus, DOI does not need to

prepare a Takings Implication

Assessment pursuant to E.O. 12630,

Governmental Actions and Interference

with Constitutionally Protected Property

Rights.

E.O. 12988

DOI has certified to OMB that the rule

meets the applicable reform standards

provided in sections 3(a) and 3(b)(2) of

E.O. 12988.

Unfunded Mandates Reform Act of 1995

DOI has determined and certifies

according to the Unfunded Mandates

Reform Act, 2 U.S.C. 1502 et seq., that

this rule will not impose a cost of $100

million or more in any given year on

State, local, and tribal governments or

the private sector.

National Environmental Policy Act

DOI determined that this rule does

not constitute a major Federal action

significantly affecting the quality of the

human environment; therefore, an

Environmental Impact Statement is not

required.

List of Subjects

30 CFR Part 250

Continental shelf, Environmental

impact statements, Environmental

protection, Government contracts,

Incorporation by reference,

Investigations, Mineral royalties, Oil

and gas development and production,

Oil and gas exploration, Oil and gas

reserves, Penalties, Pipelines, Public

lands—mineral resources, Public

lands—rights-of-way, Reporting and

recordkeeping requirements, Sulphur

development and production, Sulphur

exploration, Surety bonds.

30 CFR Part 254

Continental shelf, Environmental

protection, Oil and gas development

and production, Oil and gas exploration,

Pipelines, Public lands—mineral

resources, Public lands—rights-of-way,

Reporting and recordkeeping

requirements.

Dated: March 13, 1997.

Bob Armstrong,

Assistant Secretary, Land and Minerals

Management.

For the reasons stated in the

preamble, the Minerals Management

Service (MMS) amends 30 CFR parts

250 and 254 as follows:

PART 250—OIL AND GAS AND

SULPHUR OPERATIONS IN THE

OUTER CONTINENTAL SHELF

1. The authority for part 250

continues to read as follows:

Authority: 43 U.S.C. 1334.

2. The last sentence of § 250.19(a) is

revised to read as follows:

§ 250.19 Accident reports.

(a) * * * All spills of oil or other

liquid pollutants must be reported as

described in § 254.46.

* * * * *

3. Section 250.33(b)(2) of subpart B is

revised to read as follows:

§ 250.33 Exploration Plan.

* * * * *

(b) * * *

(2) An oil-spill response plan as

described in part 254 or reference to an

approved Regional Response Plan.

* * * * *

4. Section 250.34(b)(3) of subpart B is

revised to read as follows:

§ 250.34 Development and Production

Plan.

* * * * *

(b) * * *

(3) A description of the environmental

safeguards to be implemented,

including an updated oil-spill response

plan as described in part 254 of this

chapter or reference to an approved

plan.

* * * * *

§ 250.41 [Heading revised]

5. The heading of § 250.41 of subpart

C is revised to read ‘‘Inspection of

facilities.’’

§ 250.41 [Amended]

6. Paragraphs (b) and (c) of § 250.41

are removed.

§ 250.42 [Removed]

7. Section 250.42 of subpart C is

removed.

§ 250.43 [Removed]

8. Section 250.43 of subpart C is

removed.

9. Part 254 is revised to read as

follows:

PART 254—OIL-SPILL RESPONSE

REQUIREMENTS FOR FACILITIES

LOCATED SEAWARD OF THE COAST

LINE

Subpart A—General

Sec.

254.1 Who must submit a spill-response

plan?

254.2 When must I submit a response plan?

254.3 May I cover more than one facility in

my response plan?
Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations 13997

254.4 May I reference other documents in

my response plan?

254.5 General response plan requirements.

254.6 Definitions.

254.7 How do I submit my response plan to

the MMS?

254.8 May I appeal decisions under this

rule?

254.9 Authority for information collection.

Subpart B—Oil-Spill Response Plans for

Outer Continental Shelf Facilities

254.20 Purpose.

254.21 How must I format my response

plan?

254.22 What information must I include in

the ‘‘Introduction and plan contents’’

section?

254.23 What information must I include in

the ‘‘Emergency response action plan’’

section?

254.24 What information must I include in

the ‘‘Equipment inventories’’ appendix?

254.25 What information must I include in

the ‘‘Contractual agreements’’ appendix?

254.26 What information must I include in

the ‘‘Worst case discharge scenario’’

appendix?

254.27 What information must I include in

the ‘‘Dispersant use plan’’ appendix?

254.28 What information must I include in

the ‘‘In situ burning plan’’ appendix?

254.29 What information must I include in

the ‘‘Training and drills’’ appendix?

254.30 When must I revise my response

plan?

Subpart C—Related Requirements for

Outer Continental Shelf Facilities

254.40 Records.

254.41 Training your response personnel.

254.42 Exercises for your response

personnel and equipment.

254.43 Maintenance and periodic

inspection of response equipment.

254.44 Calculating response equipment

effective daily recovery capacities.

254.45 Verifying the capabilities of your

response equipment.

254.46 Whom do I notify if an oil spill

occurs?

254.47 Determining the volume of oil of

your worst case discharge scenario.

Subpart D—Oil-Spill Response

Requirements for Facilities Located in State

Waters Seaward of the Coast Line

254.50 Spill-response plans for facilities

located in State waters seaward of the

coast line.

254.51 Modifying an existing OCS response

plan.

254.52 Following the format for an OCS

response plan.

254.53 Submitting a response plan

developed under State requirements.

254.54 Spill prevention for facilities located

in State waters seaward of the coast line.

Authority: 33 U.S.C. 1321

Subpart A—General

§ 254.1 Who must submit a spill-response

plan?

(a) If you are the owner or operator of

an oil handling, storage, or

transportation facility, and it is located

seaward of the coast line, you must

submit a spill-response plan to MMS for

approval. Your spill-response plan must

demonstrate that you can respond

quickly and effectively whenever oil is

discharged from your facility. Refer to

§ 254.6 for the definitions of ‘‘oil,’’

‘‘facility,’’ and ‘‘coast line’’ if you have

any doubts about whether to submit a

plan.

(b) You must maintain a current

response plan for an abandoned facility

until you physically remove or

dismantle the facility or until the

Regional Supervisor notifies you in

writing that a plan is no longer required.

(c) Owners or operators of offshore

pipelines carrying essentially dry gas do

not need to submit a plan. You must,

however, submit a plan for a pipeline

that carries:

(1) Oil;

(2) Condensate that has been injected

into the pipeline; or

(3) Gas and naturally occurring

condensate.

(d) If you are in doubt as to whether

you must submit a plan for an offshore

facility or pipeline, you should check

with the Regional Supervisor.

(e) If your facility is located landward

of the coast line, but you believe your

facility is sufficiently similar to OCS

facilities that it should be regulated by

MMS, you may contact the Regional

Supervisor, offer to accept MMS

jurisdiction over your facility, and

request that MMS seek from the agency

with jurisdiction over your facility a

relinquishment of that jurisdiction.

§ 254.2 When must I submit a response

plan?

(a) You must submit, and MMS must

approve, a response plan that covers

each facility located seaward of the

coast line before you may use that

facility. To continue operations, you

must operate the facility in compliance

with the plan.

(b) Despite the provisions of

paragraph (a) of this section, you may

operate your facility after you submit

your plan while MMS reviews it for

approval. To operate a facility without

an approved plan, you must certify in

writing to the Regional Supervisor that

you have the capability to respond, to

the maximum extent practicable, to a

worst case discharge or a substantial

threat of such a discharge. The

certification must show that you have

ensured by contract, or other means

approved by the Regional Supervisor,

the availability of private personnel and

equipment necessary to respond to the

discharge. Verification from the

organization(s) providing the personnel

and equipment must accompany the

certification. MMS will not allow you to

operate a facility for more than 2 years

without an approved plan.

(c) If you have a plan that MMS

already approved, you are not required

to immediately rewrite the plan to

comply with this part. You must,

however, submit the information this

regulation requires when submitting

your first plan revision (see § 254.30)

after the effective date of this rule. The

Regional Supervisor may extend this

deadline upon request.

§ 254.3 May I cover more than one facility

in my response plan?

(a) Your response plan may be for a

single lease or facility or a group of

leases or facilities. All the leases or

facilities in your plan must have the

same owner or operator (including

affiliates) and must be located in the

same MMS Region (see definition of

Regional Response Plan in § 254.6).

(b) Regional Response Plans must

address all the elements required for a

response plan in Subpart B, Oil Spill

Response Plans for Outer Continental

Shelf Facilities, or Subpart D, Oil Spill

Response Requirements for Facilities

Located in State Waters Seaward of the

Coast Line, as appropriate.

(c) When developing a Regional

Response Plan, you may group leases or

facilities subject to the approval of the

Regional Supervisor for the purposes of:

(1) Calculating response times;

(2) Determining quantities of response

equipment;

(3) Conducting oil-spill trajectory

analyses;

(4) Determining worst case discharge

scenarios; and

(5) Identifying areas of special

economic and environmental

importance that may be impacted and

the strategies for their protection.

(d) The Regional Supervisor may

specify how to address the elements of

a Regional Response Plan. The Regional

Supervisor also may require that

Regional Response Plans contain

additional information if necessary for

compliance with appropriate laws and

regulations.

§ 254.4 May I reference other documents

in my response plan?

You may reference information

contained in other readily accessible

documents in your response plan.

Examples of documents that you may
13998 Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations

reference are the National Contingency

Plan (NCP), Area Contingency Plan

(ACP), MMS environmental documents,

and Oil Spill Removal Organization

(OSRO) documents that are readily

accessible to the Regional Supervisor.

You must ensure that the Regional

Supervisor possesses or is provided

with copies of all OSRO documents you

reference. You should contact the

Regional Supervisor if you want to

know whether a reference is acceptable.

§ 254.5 General response plan

requirements.

(a) The response plan must provide

for response to an oil spill from the

facility. You must immediately carry out

the provisions of the plan whenever

there is a release of oil from the facility.

You must also carry out the training,

equipment testing, and periodic drills

described in the plan, and these

measures must be sufficient to ensure

the safety of the facility and to mitigate

or prevent a discharge or a substantial

threat of a discharge.

(b) The plan must be consistent with

the National Contingency Plan and the

appropriate Area Contingency Plan(s).

(c) Nothing in this part relieves you

from taking all appropriate actions

necessary to immediately abate the

source of a spill and remove any spills

of oil.

(d) In addition to the requirements

listed in this part, you must provide any

other information the Regional

Supervisor requires for compliance with

appropriate laws and regulations.

§ 254.6 Definitions.

For the purposes of this part:

Adverse weather conditions means

weather conditions found in the

operating area that make it difficult for

response equipment and personnel to

clean up or remove spilled oil or

hazardous substances. These include,

but are not limited to: Fog, inhospitable

water and air temperatures, wind, sea

ice, current, and sea states. It does not

refer to conditions such as a hurricane,

under which it would be dangerous or

impossible to respond to a spill.

Area Contingency Plan means an Area

Contingency Plan prepared and

published under section 311(j) of the

Federal Water Pollution Control Act

(FWPCA).

Coast line means 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.

Discharge means any emission (other

than natural seepage), intentional or

unintentional, and includes, but is not

limited to, spilling, leaking, pumping,

pouring, emitting, emptying, or

dumping.

District Supervisor means the MMS

officer with authority and responsibility

for a district within an MMS Region.

Facility means any structure, group of

structures, equipment, or device (other

than a vessel) which is used for one or

more of the following purposes:

Exploring for, drilling for, producing,

storing, handling, transferring,

processing, or transporting oil. The term

excludes deep-water ports and their

associated pipelines as defined by the

Deepwater Port Act of 1974, but

includes other pipelines used for one or

more of these purposes. A mobile

offshore drilling unit is classified as a

facility when engaged in drilling or

downhole operations.

Maximum extent practicable means

within the limitations of available

technology, as well as the physical

limitations of personnel, when

responding to a worst case discharge in

adverse weather conditions.

National Contingency Plan means the

National Oil and Hazardous Substances

Pollution Contingency Plan prepared

and published under section 311(d) of

the FWPCA, (33 U.S.C. 1321(d)) or

revised under section 105 of the

Comprehensive Environmental

Response Compensation and Liability

Act (42 U.S.C. 9605).

National Contingency Plan Product

Schedule means a schedule of

dispersants and other chemical or

biological products, maintained by the

Environmental Protection Agency, that

may be authorized for use on oil

discharges in accordance with the

procedures found at 40 CFR 300.910.

Oil means oil of any kind or in any

form, including but not limited to

petroleum, fuel oil, sludge, oil refuse,

and oil mixed with wastes other than

dredged spoil. This also includes

hydrocarbons produced at the wellhead

in liquid form (includes distillates or

condensate associated with produced

natural gas), and condensate that has

been separated from a gas prior to

injection into a pipeline. It does not

include petroleum, including crude oil

or any fraction thereof, which is

specifically listed or designated as a

hazardous substance under paragraphs

(A) through (F) of section 101(14) of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (42 U. S. C. 9601) and which is

subject to the provisions of that Act. It

also does not include animal fats and

oils and greases and fish and marine

mammal oils, within the meaning of

paragraph (2) of section 61(a) of title 13,

United States Code, and oils of

vegetable origin, including oils from the

seeds, nuts, and kernels referred to in

paragraph (1)(A) of that section.

Oil spill removal organization (OSRO)

means an entity contracted by an owner

or operator to provide spill-response

equipment and/or manpower in the

event of an oil or hazardous substance

spill.

Outer Continental Shelf means all

submerged lands lying seaward and

outside of the area of lands beneath

navigable waters as defined in section 2

of the Submerged Lands Act (43 U.S.C.

1301) and of which the subsoil and

seabed appertain to the United States

and are subject to its jurisdiction and

control.

Owner or operator means, in the case

of an offshore facility, any person

owning or operating such offshore

facility. In the case of any abandoned

offshore facility, it means the person

who owned such facility immediately

prior to such abandonment.

Pipeline means pipe and any

associated equipment, appurtenance, or

building used or intended for use in the

transportation of oil located seaward of

the coast line, except those used for

deep-water ports. Pipelines do not

include vessels such as barges or shuttle

tankers used to transport oil from

facilities located seaward of the coast

line.

Qualified individual means an

English-speaking representative of an

owner or operator, located in the United

States, available on a 24-hour basis,

with full authority to obligate funds,

carry out removal actions, and

communicate with the appropriate

Federal officials and the persons

providing personnel and equipment in

removal operations.

Regional Response Plan means a spillresponse plan required by this part

which covers multiple facilities or

leases of an owner or operator,

including affiliates, which are located in

the same MMS Region.

Regional Supervisor means the MMS

official with responsibility and

authority for operations or other

designated program functions within an

MMS Region.

Remove means containment and

cleanup of oil from water and shorelines

or the taking of other actions as may be

necessary to minimize or mitigate

damage to the public health or welfare,

including, but not limited to, fish,

shellfish, wildlife, public and private

property, shorelines, and beaches.

Spill is synonymous with ‘‘discharge’’

for the purposes of this part.

Spill management team means the

trained persons identified in a response

plan who staff the organizational

structure to manage spill response.
Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations 13999

Spill-response coordinator means a

trained person charged with the

responsibility and designated the

commensurate authority for directing

and coordinating response operations.

Spill-response operating team means

the trained persons who respond to

spills through deployment and

operation of oil-spill response

equipment.

State waters located seaward of the

coast line means the belt of the seas

measured from the coast line and

extending seaward a distance of 3 miles

(except the coast of Texas and the Gulf

coast of Florida, where the State waters

extend seaward a distance of 3 leagues).

You means the owner or the operator

as defined in this section.

§ 254.7 How do I submit my response plan

to the MMS?

You must submit the number of

copies of your response plan that the

appropriate MMS regional office

requires. If you prefer to use improved

information technology such as

electronic filing to submit your plan, ask

the Regional Supervisor for further

guidance.

(a) Send plans for facilities located

seaward of the coast line of Alaska to:

Minerals Management Service, Regional

Supervisor, Field Operations, Alaska

OCS Region, 949 East 36th Avenue,

Anchorage, AK 99508–4302.

(b) Send plans for facilities in the Gulf

of Mexico or Atlantic Ocean to:

Minerals Management Service, Regional

Supervisor, Field Operations, Gulf of

Mexico OCS Region, 1201 Elmwood

Park Boulevard, New Orleans, LA

70123–2394.

(c) Send plans for facilities in the

Pacific Ocean (except seaward of the

coast line of Alaska) to: Minerals

Management Service, Regional

Supervisor, Office of Development

Operations and Safety, Pacific OCS

Region, 770 Paseo Camarillo, Camarillo,

CA 93010–6064.

§ 254.8 May I appeal decisions under this

rule?

You may appeal orders or decisions

issued under the regulations in this part

pursuant to part 290 of this title. If you

file an appeal with the Director, it does

not suspend the requirement for you to

comply with an order or decision other

than one that requires the payment of a

civil penalty. Compliance also is not

suspended pending an appeal to the

Interior Board of Land Appeals under 43

CFR part 4.

§ 254.9 Authority for information

collection.

(a) The Office of Management and

Budget (OMB) has approved the

information collection requirements in

this part under 44 U.S.C. 3501 et seq.

OMB assigned the control number

1010–0091. The title of this information

collection is ‘‘30 CFR Part 254, Oil Spill

Response Requirements for Facilities

Located Seaward of the Coast line.’’

(b) MMS collects this information to

ensure that the owner or operator of an

offshore facility is prepared to respond

to an oil spill. MMS uses the

information to verify compliance with

the mandates of the Oil Pollution Act of

1990 (OPA). The requirement to submit

this information is mandatory. No

confidential or proprietary information

is collected.

(c) An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number.

(d) Send comments regarding any

aspect of the collection of information

under this part, including suggestions

for reducing the burden, to the

Information Collection Clearance

Officer; Minerals Management Service;

Mail Stop 4700; 381 Elden Street;

Herndon, Virginia 20170–4817 and to

the Office of Information and Regulatory

Affairs, Office of Management and

Budget; Attention: Desk Officer for the

Department of the Interior (1010–0091);

725 17th Street NW, Washington, DC

20503.

Subpart B—Oil-Spill Response Plans

for Outer Continental Shelf Facilities

§ 254.20 Purpose.

This subpart describes the

requirements for preparing spillresponse plans for facilities located on

the OCS.

§ 254.21 How must I format my response

plan?

(a) You must divide your response

plan for OCS facilities into the sections

specified in paragraph (b) and explained

in the other sections of this subpart. The

plan must have an easily found marker

identifying each section. You may use

an alternate format if you include a

cross-reference table to identify the

location of required sections. You may

use alternate contents if you can

demonstrate to the Regional Supervisor

that they provide for equal or greater

levels of preparedness.

(b) Your plan must include:

(1) Introduction and plan contents.

(2) Emergency response action plan.

(3) Appendices:

(i) Equipment inventory.

(ii) Contractual agreements.

(iii) Worst case discharge scenario.

(iv) Dispersant use plan.

(v) In situ burning plan.

(vi) Training and drills.

§ 254.22 What information must I include

in the ‘‘Introduction and plan contents’’

section?

The ‘‘Introduction and plan contents’’

section must provide:

(a) Identification of the facility the

plan covers, including its location and

type;

(b) A table of contents;

(c) A record of changes made to the

plan; and

(d) A cross-reference table, if needed,

because you are using an alternate

format for your plan.

§ 254.23 What information must I include

in the ‘‘Emergency response action plan’’

section?

The ‘‘Emergency response action

plan’’section is the core of the response

plan. Put information in easy-to-use

formats such as flow charts or tables

where appropriate. This section must

include:

(a) Designation, by name or position,

of a trained qualified individual (QI)

who has full authority to implement

removal actions and ensure immediate

notification of appropriate Federal

officials and response personnel.

(b) Designation, by name or position,

of a trained spill management team

available on a 24-hour basis. The team

must include a trained spill-response

coordinator and alternate(s) who have

the responsibility and authority to direct

and coordinate response operations on

your behalf. You must describe the

team’s organizational structure as well

as the responsibilities and authorities of

each position on the spill management

team.

(c) Description of a spill-response

operating team. Team members must be

trained and available on a 24-hour basis

to deploy and operate spill-response

equipment. They must be able to

respond within a reasonable minimum

specified time. You must include the

number and types of personnel available

from each identified labor source.

(d) A planned location for a spillresponse operations center and

provisions for primary and alternate

communications systems available for

use in coordinating and directing spillresponse operations. You must provide

telephone numbers for the response

operations center. You also must

provide any facsimile numbers and

primary and secondary radio

frequencies that will be used.

(e) A listing of the types and

characteristics of the oil handled,

stored, or transported at the facility.

(f) Procedures for the early detection

of a spill.
14000 Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations

(g) Identification of procedures you

will follow in the event of a spill or a

substantial threat of a spill. The

procedures should show appropriate

response levels for differing spill sizes

including those resulting from a fire or

explosion. These will include, as

appropriate:

(1) Your procedures for spill

notification. The plan must provide for

the use of the oil spill reporting forms

included in the Area Contingency Plan

or an equivalent reporting form.

(i) Your procedures must include a

current list which identifies the

following by name or position,

corporate address, and telephone

number (including facsimile number if

applicable):

(A) The qualified individual;

(B) The spill-response coordinator

and alternate(s); and

(C) Other spill-response management

team members.

(ii) You must also provide names,

telephone numbers, and addresses for

the following:

(A) OSRO’s that the plan cites;

(B) Federal, State, and local regulatory

agencies that you must consult to obtain

site specific environmental information;

and

(C) Federal, State, and local regulatory

agencies that you must notify when an

oil spill occurs.

(2) Your methods to monitor and

predict spill movement;

(3) Your methods to identify and

prioritize the beaches, waterfowl, other

marine and shoreline resources, and

areas of special economic and

environmental importance;

(4) Your methods to protect beaches,

waterfowl, other marine and shoreline

resources, and areas of special economic

or environmental importance;

(5) Your methods to ensure that

containment and recovery equipment as

well as the response personnel are

mobilized and deployed at the spill site;

(6) Your methods to ensure that

devices for the storage of recovered oil

are sufficient to allow containment and

recovery operations to continue without

interruption;

(7) Your procedures to remove oil and

oiled debris from shallow waters and

along shorelines and rehabilitating

waterfowl which become oiled;

(8) Your procedures to store, transfer,

and dispose of recovered oil and oilcontaminated materials and to ensure

that all disposal is in accordance with

Federal, State, and local requirements;

and

(9) Your methods to implement your

dispersant use plan and your in situ

burning plan.

§ 254.24 What information must I include

in the ‘‘Equipment inventory’’ appendix?

Your ‘‘Equipment inventory

appendix’’ must include:

(a) An inventory of spill-response

materials and supplies, services,

equipment, and response vessels

available locally and regionally. You

must identify each supplier and provide

their locations and telephone numbers.

(b) A description of the procedures for

inspecting and maintaining spillresponse equipment in accordance with

§ 254.43.

§ 254.25 What information must I include

in the ‘‘Contractual agreements’’ appendix?

Your ‘‘Contractual agreements’’

appendix must furnish proof of any

contracts or membership agreements

with OSRO’s, cooperatives, spillresponse service providers, or spill

management team members who are not

your employees that you cite in the

plan. To provide this proof, submit

copies of the contracts or membership

agreements or certify that contracts or

membership agreements are in effect.

The contract or membership agreement

must include provisions for ensuring

the availability of the personnel and/or

equipment on a 24-hour-per-day basis.

§ 254.26 What information must I include

in the ‘‘Worst case discharge scenario’’

appendix?

The discussion of your worst case

discharge scenario must include all of

the following elements:

(a) The volume of your worst case

discharge scenario determined using the

criteria in § 254.47. Provide any

assumptions made and the supporting

calculations used to determine this

volume.

(b) An appropriate trajectory analysis

specific to the area in which the facility

is located. The analysis must identify

onshore and offshore areas that a

discharge potentially could affect. The

trajectory analysis chosen must reflect

the maximum distance from the facility

that oil could move in a time period that

it reasonably could be expected to

persist in the environment.

(c) A list of the resources of special

economic or environmental importance

that potentially could be impacted in

the areas identified by your trajectory

analysis. You also must state the

strategies that you will use for their

protection. At a minimum, this list must

include those resources of special

economic and environmental

importance, if any, specified in the

appropriate Area Contingency Plan(s).

(d) A discussion of your response to

your worst case discharge scenario in

adverse weather conditions. This

discussion must include:

(1) A description of the response

equipment that you will use to contain

and recover the discharge to the

maximum extent practicable. This

description must include the types,

location(s) and owner, quantity, and

capabilities of the equipment. You also

must include the effective daily

recovery capacities, where applicable.

You must calculate the effective daily

recovery capacities using the methods

described in § 254.44. For operations at

a drilling or production facility, your

scenario must show how you will cope

with the initial spill volume upon

arrival at the scene and then support

operations for a blowout lasting 30 days.

(2) A description of the personnel,

materials, and support vessels that

would be necessary to ensure that the

identified response equipment is

deployed and operated promptly and

effectively. Your description must

include the location and owner of these

resources as well as the quantities and

types (if applicable);

(3) A description of your oil storage,

transfer, and disposal equipment. Your

description must include the types,

location and owner, quantity, and

capacities of the equipment; and

(4) An estimation of the individual

times needed for:

(i) Procurement of the identified

containment, recovery, and storage

equipment;

(ii) Procurement of equipment

transportation vessel(s);

(iii) Procurement of personnel to load

and operate the equipment;

(iv) Equipment loadout (transfer of

equipment to transportation vessel(s));

(v) Travel to the deployment site

(including any time required for travel

from an equipment storage area); and

(vi) Equipment deployment.

(e) In preparing the discussion

required by paragraph (d) of this

section, you must:

(1) Ensure that the response

equipment, materials, support vessels,

and strategies listed are suitable, within

the limits of current technology, for the

range of environmental conditions

anticipated at your facility; and

(2) Use standardized, defined terms to

describe the range of environmental

conditions anticipated and the

capabilities of response equipment.

Examples of acceptable terms include

those defined in American Society for

Testing of Materials (ASTM) publication

F625–94, Standard Practice for

Describing Environmental Conditions

Relevant to Spill Control Systems for

Use on Water, and ASTM F818–93,

Standard Definitions Relating to Spill

Response Barriers.
Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations 14001

§ 254.27 What information must I include

in the ‘‘Dispersant use plan’’ appendix?

Your dispersant use plan must be

consistent with the National

Contingency Plan Product Schedule and

other provisions of the National

Contingency Plan and the appropriate

Area Contingency Plan(s). The plan

must include:

(a) An inventory and a location of the

dispersants and other chemical or

biological products which you might

use on the oils handled, stored, or

transported at the facility;

(b) A summary of toxicity data for

these products;

(c) A description and a location of any

application equipment required as well

as an estimate of the time to commence

application after approval is obtained;

(d) A discussion of the application

procedures;

(e) A discussion of the conditions

under which product use may be

requested; and

(f) An outline of the procedures you

must follow in obtaining approval for

product use.

§ 254.28 What information must I include

in the ‘‘In situ burning plan’’ appendix?

Your in situ burning plan must be

consistent with any guidelines

authorized by the National Contingency

Plan and the appropriate Area

Contingency Plan(s). Your in situ

burning plan must include:

(a) A description of the in situ burn

equipment including its availability,

location, and owner;

(b) A discussion of your in situ

burning procedures, including

provisions for ignition of an oil spill;

(c) A discussion of environmental

effects of an in situ burn;

(d) Your guidelines for well control

and safety of personnel and property;

(e) A discussion of the circumstances

in which in situ burning may be

appropriate;

(f) Your guidelines for making the

decision to ignite; and

(g) An outline of the procedures you

must follow to obtain approval for an in

situ burn.

§ 254.29 What information must I include

in the ‘‘Training and drills’’ appendix?

Your ‘‘Training and drills’’ appendix

must:

(a) Identify and include the dates of

the training provided to members of the

spill-response management team and

the qualified individual. The types of

training given to the members of the

spill-response operating team also must

be described. The training requirements

for your spill management team and

your spill-response operating team are

specified in § 254.41. You must

designate a location where you keep

course completion certificates or

attendance records for this training.

(b) Describe in detail your plans for

satisfying the exercise requirements of

§ 254.42. You must designate a location

where you keep the records of these

exercises.

§ 254.30 When must I revise my response

plan?

(a) You must review your response

plan at least every 2 years and submit

all resulting modifications to the

Regional Supervisor. If this review does

not result in modifications, you must

inform the Regional Supervisor in

writing that there are no changes.

(b) You must submit revisions to your

plan for approval within 15 days

whenever:

(1) A change occurs which

significantly reduces your response

capabilities;

(2) A significant change occurs in the

worst case discharge scenario or in the

type of oil being handled, stored, or

transported at the facility;

(3) There is a change in the name(s)

or capabilities of the oil spill removal

organizations cited in the plan; or

(4) There is a significant change to the

Area Contingency Plan(s).

(c) The Regional Supervisor may

require that you resubmit your plan if

the plan has become outdated or if

numerous revisions have made its use

difficult.

(d) The Regional Supervisor will

periodically review the equipment

inventories of OSRO’s to ensure that

sufficient spill removal equipment is

available to meet the cumulative needs

of the owners and operators who cite

these organizations in their plans.

(e) The Regional Supervisor may

require you to revise your plan if

significant inadequacies are indicated

by:

(1) Periodic reviews (described in

paragraph (d) of this section);

(2) Information obtained during drills

or actual spill responses; or

(3) Other relevant information the

Regional Supervisor obtained.

Subpart C—Related Requirements for

Outer Continental Shelf Facilities

§ 254.40 Records.

You must make all records of services,

personnel, and equipment provided by

OSRO’s or cooperatives available to any

authorized MMS representative upon

request.

§ 254.41 Training your response

personnel.

(a) You must ensure that the members

of your spill-response operating team

who are responsible for operating

response equipment attend hands-on

training classes at least annually. This

training must include the deployment

and operation of the response

equipment they will use. Those

responsible for supervising the team

must be trained annually in directing

the deployment and use of the response

equipment.

(b) You must ensure that the spillresponse management team, including

the spill-response coordinator and

alternates, receives annual training. This

training must include instruction on:

(1) Locations, intended use,

deployment strategies, and the

operational and logistical requirements

of response equipment;

(2) Spill reporting procedures;

(3) Oil-spill trajectory analysis and

predicting spill movement; and

(4) Any other responsibilities the spill

management team may have.

(c) You must ensure that the qualified

individual is sufficiently trained to

perform his or her duties.

(d) You must keep all training

certificates and training attendance

records at the location designated in

your response plan for at least 2 years.

They must be made available to any

authorized MMS representative upon

request.

§ 254.42 Exercises for your response

personnel and equipment.

(a) You must exercise your entire

response plan at least once every 3 years

(triennial exercise). You may satisfy this

requirement by conducting separate

exercises for individual parts of the plan

over the 3-year period; you do not have

to exercise your entire response plan at

one time.

(b) In satisfying the triennial exercise

requirement, you must, at a minimum,

conduct:

(1) An annual spill management team

tabletop exercise. The exercise must test

the spill management team’s

organization, communication, and

decisionmaking in managing a response.

You must not reveal the spill scenario

to team members before the exercise

starts.

(2) An annual deployment exercise of

response equipment identified in your

plan that is staged at onshore locations.

You must deploy and operate each type

of equipment in each triennial period.

However, it is not necessary to deploy

and operate each individual piece of

equipment.

(3) An annual notification exercise for

each facility that is manned on a 24-
14002 Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations

hour basis. The exercise must test the

ability of facility personnel to

communicate pertinent information in a

timely manner to the qualified

individual.

(4) A semiannual deployment exercise

of any response equipment which the

MMS Regional Supervisor requires an

owner or operator to maintain at the

facility or on dedicated vessels. You

must deploy and operate each type of

this equipment at least once each year.

Each type need not be deployed and

operated at each exercise.

(c) During your exercises, you must

simulate conditions in the area of

operations, including seasonal weather

variations, to the extent practicable. The

exercises must cover a range of

scenarios over the 3-year exercise

period, simulating responses to large

continuous spills, spills of short

duration and limited volume, and your

worst case discharge scenario.

(d) MMS will recognize and give

credit for any documented exercise

conducted that satisfies some part of the

required triennial exercise. You will

receive this credit whether the owner or

operator, an OSRO, or a Government

regulatory agency initiates the exercise.

MMS will give you credit for an actual

spill response if you evaluate the

response and generate a proper record.

Exercise documentation should include

the following information:

(1) Type of exercise;

(2) Date and time of the exercise;

(3) Description of the exercise;

(4) Objectives met; and

(5) Lessons learned.

(e) All records of spill-response

exercises must be maintained for the

complete 3-year exercise cycle. Records

should be maintained at the facility or

at a corporate location designated in the

plan. Records showing that OSRO’s and

oil spill removal cooperatives have

deployed each type of equipment also

must be maintained for the 3-year cycle.

(f) You must inform the Regional

Supervisor of the date of any exercise

required by paragraph (b)(1), (2), or (4)

of this section at least 30 days before the

exercise. This will allow MMS

personnel the opportunity to witness

any exercises.

(g) The Regional Supervisor

periodically will initiate unannounced

drills to test the spill response

preparedness of owners and operators.

(h) The Regional Supervisor may

require changes in the frequency or

location of the required exercises,

equipment to be deployed and operated,

or deployment procedures or strategies.

The Regional Supervisor may evaluate

the results of the exercises and advise

the owner or operator of any needed

changes in response equipment,

procedures, or strategies.

(i) Compliance with the National

Preparedness for Response Exercise

Program (PREP) Guidelines will satisfy

the exercise requirements of this

section. Copies of the PREP document

may be obtained from the Regional

Supervisor.

§ 254.43 Maintenance and periodic

inspection of response equipment.

(a) You must ensure that the response

equipment listed in your response plan

is inspected at least monthly and is

maintained, as necessary, to ensure

optimal performance.

(b) You must ensure that records of

the inspections and the maintenance

activities are kept for at least 2 years and

are made available to any authorized

MMS representative upon request.

§ 254.44 Calculating response equipment

effective daily recovery capacities.

(a) You are required by § 254.26(d)(1)

to calculate the effective daily recovery

capacity of the response equipment

identified in your response plan that

you would use to contain and recover

your worst case discharge. You must

calculate the effective daily recovery

capacity of the equipment by

multiplying the manufacturer’s rated

throughput capacity over a 24-hour

period by 20 percent. This 20 percent

efficiency factor takes into account the

limitations of the recovery operations

due to available daylight, sea state,

temperature, viscosity, and

emulsification of the oil being

recovered. You must use this calculated

rate to determine if you have sufficient

recovery capacity to respond to your

worst case discharge scenario.

(b) If you want to use a different

efficiency factor for specific oil recovery

devices, you must submit evidence to

substantiate that efficiency factor.

Adequate evidence includes verified

performance data measured during

actual spills or test data gathered

according to the provisions of § 254.45

(b) and (c).

§ 254.45 Verifying the capabilities of your

response equipment.

(a) The Regional Supervisor may

require performance testing of any spillresponse equipment listed in your

response plan to verify its capabilities if

the equipment:

(1) Has been modified;

(2) Has been damaged and repaired; or

(3) Has a claimed effective daily

recovery capacity that is inconsistent

with data otherwise available to MMS.

(b) You must conduct any required

performance testing of booms in

accordance with MMS-approved test

criteria. You may use the document

‘‘Test Protocol for the Evaluation of OilSpill Containment Booms,’’ available

from MMS, for guidance. Performance

testing of skimmers also must be

conducted in accordance with MMS

approved test criteria. You may use the

document ‘‘Suggested Test Protocol for

the Evaluation of Oil Spill Skimmers for

the OCS,’’ available from MMS, for

guidance.

(c) You are responsible for any

required testing of equipment

performance and for the accuracy of the

information submitted.

§ 254.46 Whom do I notify if an oil spill

occurs?

(a) You must immediately notify the

National Response Center (1–800–424–

8802) if you observe:

(1) An oil spill from your facility;

(2) An oil spill from another offshore

facility; or

(3) An offshore spill of unknown

origin.

(b) In the event of a spill of 1 barrel

or more from your facility, you must

orally notify the Regional Supervisor

without delay. You also must report

spills from your facility of unknown

size but thought to be 1 barrel or more.

(1) If a spill from your facility not

originally reported to the Regional

Supervisor is subsequently found to be

1 barrel or more, you must then report

it without delay.

(2) You must file a written followup

report for any spill from your facility of

1 barrel or more. The Regional

Supervisor must receive this

confirmation within 15 days after the

spillage has been stopped. All reports

must include the cause, location,

volume, and remedial action taken.

Reports of spills of more than 50 barrels

must include information on the sea

state, meteorological conditions, and the

size and appearance of the slick. The

Regional Supervisor may require

additional information if it is

determined that an analysis of the

response is necessary.

(c) If you observe a spill resulting

from operations at another offshore

facility, you must immediately notify

the responsible party and the Regional

Supervisor.

§ 254.47 Determining the volume of oil of

your worst case discharge scenario.

You must calculate the volume of oil

of your worst case discharge scenario as

follows:

(a) For an oil production platform

facility, the size of your worst case

discharge scenario is the sum of the

following:

(1) The maximum capacity of all oil

storage tanks and flow lines on the
Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Rules and Regulations 14003

facility. Flow line volume may be

estimated; and

(2) The volume of oil calculated to

leak from a break in any pipelines

connected to the facility considering

shutdown time, the effect of hydrostatic

pressure, gravity, frictional wall forces

and other factors; and

(3) The daily production volume from

an uncontrolled blowout of the highest

capacity well associated with the

facility. In determining the daily

discharge rate, you must consider

reservoir characteristics, casing/

production tubing sizes, and historical

production and reservoir pressure data.

Your scenario must discuss how to

respond to this well flowing for 30 days

as required by § 254.26(d)(1).

(b) For exploratory or development

drilling operations, the size of your

worst case discharge scenario is the

daily volume possible from an

uncontrolled blowout. In determining

the daily discharge rate, you must

consider any known reservoir

characteristics. If reservoir

characteristics are unknown, you must

consider the characteristics of any

analog reservoirs from the area and give

an explanation for the selection of the

reservoir(s) used. Your scenario must

discuss how to respond to this well

flowing for 30 days as required by

§ 254.26(d)(1).

(c) For a pipeline facility, the size of

your worst case discharge scenario is

the volume possible from a pipeline

break. You must calculate this volume

as follows:

(1) Add the pipeline system leak

detection time to the shutdown

response time.

(2) Multiply the time calculated in

paragraph (c)(1) of this section by the

highest measured oil flow rate over the

preceding 12-month period. For new

pipelines, you should use the predicted

oil flow rate in the calculation.

(3) Add to the volume calculated in

paragraph (c)(2) of this section the total

volume of oil that would leak from the

pipeline after it is shut in. Calculate this

volume by taking into account the

effects of hydrostatic pressure, gravity,

frictional wall forces, length of pipeline

segment, tie-ins with other pipelines,

and other factors.

(d) If your facility which stores,

handles, transfers, processes, or

transports oil does not fall into the

categories listed in paragraph (a), (b), or

(c) of this section, contact the Regional

Supervisor for instructions on the

calculation of the volume of your worst

case discharge scenario.

Subpart D—Oil-Spill Response

Requirements for Facilities Located in

State Waters Seaward of the Coast

Line.

§ 254.50 Spill response plans for facilities

located in State waters seaward of the coast

line.

Owners or operators of facilities

located in State waters seaward of the

coast line must submit a spill-response

plan to MMS for approval. You may

choose one of three methods to comply

with this requirement. The three

methods are described in §§ 254.51,

254.52, and 254.53.

§ 254.51 Modifying an existing OCS

response plan.

You may modify an existing response

plan covering a lease or facility on the

OCS to include a lease or facility in

State waters located seaward of the

coast line. Since this plan would cover

more than one lease or facility, it would

be considered a Regional Response Plan.

You should refer to § 254.3 and contact

the appropriate regional MMS office if

you have any questions on how to

prepare this Regional Response Plan.

§ 254.52 Following the format for an OCS

response plan.

You may develop a response plan

following the requirements for plans for

OCS facilities found in subpart B of this

part.

§ 254.53 Submitting a response plan

developed under State requirements.

(a) You may submit a response plan

to MMS for approval that you developed

in accordance with the laws or

regulations of the appropriate State. The

plan must contain all the elements the

State and OPA require and must:

(1) Be consistent with the

requirements of the National

Contingency Plan and appropriate Area

Contingency Plan(s).

(2) Identify a qualified individual and

require immediate communication

between that person and appropriate

Federal officials and response personnel

if there is a spill.

(3) Identify any private personnel and

equipment necessary to remove, to the

maximum extent practicable, a worst

case discharge as defined in § 254.47.

The plan must provide proof of

contractual services or other evidence of

a contractual agreement with any

OSRO’s or spill management team

members who are not employees of the

owner or operator.

(4) Describe the training, equipment

testing, periodic unannounced drills,

and response actions of personnel at the

facility. These must ensure both the

safety of the facility and the mitigation

or prevention of a discharge or the

substantial threat of a discharge.

(5) Describe the procedures you will

use to periodically update and resubmit

the plan for approval of each significant

change.

(b) Your plan developed under State

requirements also must include the

following information:

(1) A list of the facilities and leases

the plan covers and a map showing their

location;

(2) A list of the types of oil handled,

stored, or transported at the facility;

(3) Name and address of the State

agency to whom the plan was

submitted;

(4) Date you submitted the plan to the

State;

(5) If the plan received formal

approval, the name of the approving

organization, the date of approval, and

a copy of the State agency’s approval

letter if one was issued; and

(6) Identification of any regulations or

standards used in preparing the plan.

§ 254.54 Spill prevention for facilities

located in State waters seaward of the coast

line.

In addition to your response plan, you

must submit to the Regional Supervisor

a description of the steps you are taking

to prevent spills of oil or mitigate a

substantial threat of such a discharge.

You must identify all State or Federal

safety or pollution prevention

requirements that apply to the

prevention of oil spills from your

facility, and demonstrate your

compliance with these requirements.

You also should include a description of

industry safety and pollution prevention

standards your facility meets. The

Regional Supervisor may prescribe

additional equipment or procedures for

spill prevention if it is determined that

your efforts to prevent spills do not

reflect good industry practices.

[FR Doc. 97–7279 Filed 3–24–97; 8:45 am]

BILLING CODE 4310–MR–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5800–8]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the Carter

Industrials Site, Michigan from the

National Priorities List (NPL).