[Federal Register Volume 62, Number 57 (Tuesday, March 25, 1997)]
[Rules and Regulations]
[Pages 13991-14003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7279]


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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 oil-spill 
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 oil-spill prevention 
efforts and spill-response capability.

[[Page 13992]]

    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 spill-response 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 cross-comparison 
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       254.20; 254.50.                      
 coverage.                                                              
2. Table of contents.............  254.21.                              
3. Current revision date.........  254.22.                              
4. General facility                254.22; 254.53(b).                   
 identification information.                                            
    a. Facility name               .....................................
    b. Owner/operator/agent        .....................................
    c. Physical address and        254.22; 254.53(b).                   
     directions.                                                        
    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     254.23(g)(1).                        
     and external notifications.                                        

[[Page 13993]]

                                                                        
    b. Establishment of a          254.23(b).                           
     response management                                                
     structure.                                                         
    c. Preliminary assessment      .....................................
    d. Establishment of            254.23(g); 254.24(a).                
     objectives and priorities                                          
     for response, including:.                                          
    (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           254.22(a); 254.53(b).                
 information.                                                           
    a. Facility maps.............  254.53(b).                           
    b. Facility drawings           .....................................
    c. Facility description/       254.22(a).                           
     layout.                                                            
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          254.23(a).                           
     commander and qualified                                            
     individual.                                                        
    (2) Information..............  254.23(b).                           
    (3) Safety...................  254.23(b).                           
    (4) Liaison..................  254.23.(b).                          
    c. Operations                  .....................................
    (1) Response objectives        .....................................
    (2) Discharge or release       254.23 (f); (g).                     
     control.                                                           
    (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  254.23(g)(1) (v); (vi).              
     resource trustees.                                                 
    (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  254.24(b); 254.43.                   
     support.                                                           
    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      254.30; 254.42(d).                   
 review and modification process.                                       
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?                                                         

[[Page 13994]]

                                                                        
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       I.2.                                 
 response plan?.                                                        
254.22  What information must I    I.2; I.3; I.4 (c), (e); III.8.       
 include in the ``Introduction                                          
 and plan contents'' section?.                                          
254.23  What information must I    II.1; II.2(a); II.2(d); II.2(f);     
 include in the ``Emergency         III.2; III.3(b)(1).                 
 response action plan'' section?.                                       
254.24  What information must I    III.3(f)(3).                         
 include in the ``Equipment                                             
 inventory'' appendix?.                                                 
254.25  What information must I    III.3(f)(5).                         
 include in the ``Contractual                                           
 agreements'' appendix?.                                                
254.26  What information must I    III.3(d).                            
 include in the ``Worst case                                            
 discharge scenario'' appendix?.                                        
254.27  What information must I    III.3(c).                            
 include in the ``Dispersant use                                        
 plan'' appendix?.                                                      
254.28  What information must I    III.3(c).                            
 include in the ``In situ burning                                       
 plan'' appendix?.                                                      
254.29  What information must I    III.5.                               
 include in the ``Training and                                          
 drills'' appendix?.                                                    
254.30  When must I revise my      III.6.                               
 spill plan?.                                                           
254.40  Records.                   .....................................
254.41  Training your personnel..  III.5.                               
254.42  Exercises for your         III.5.                               
 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     III.2.                               
 oil spill occurs?.                                                     
254.47  Determining the volume of  III.3(d)                             
 oil of your worst case discharge                                       
 scenario.                                                              
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       III.7.                               
 facilities located in State                                            
 waters seaward of the coast line.                                      
------------------------------------------------------------------------

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 
oil-spill 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

[[Page 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-by-
case 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

[[Page 13996]]

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 Sec. 250.19(a) is revised to read as 
follows:


Sec. 250.19  Accident reports.

    (a) * * * All spills of oil or other liquid pollutants must be 
reported as described in Sec. 254.46.
* * * * *
    3. Section 250.33(b)(2) of subpart B is revised to read as follows:


Sec. 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:


Sec. 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.
* * * * *


Sec. 250.41  [Heading revised]

    5. The heading of Sec. 250.41 of subpart C is revised to read 
``Inspection of facilities.''


Sec. 250.41  [Amended]

    6. Paragraphs (b) and (c) of Sec. 250.41 are removed.


Sec. 250.42  [Removed]

    7. Section 250.42 of subpart C is removed.


Sec. 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?

[[Page 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


Sec. 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 
Sec. 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.


Sec. 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 Sec. 254.30) after the 
effective date of this rule. The Regional Supervisor may extend this 
deadline upon request.


Sec. 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 Sec. 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.


Sec. 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

[[Page 13998]]

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.


Sec. 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.


Sec. 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 spill-response 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.

[[Page 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.


Sec. 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.


Sec. 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.


Sec. 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


Sec. 254.20  Purpose.

    This subpart describes the requirements for preparing spill-
response plans for facilities located on the OCS.


Sec. 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.


Sec. 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.


Sec. 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 spill-response operations center and 
provisions for primary and alternate communications systems available 
for use in coordinating and directing spill-response 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.

[[Page 14000]]

    (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 oil-contaminated 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.


Sec. 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 
spill-response equipment in accordance with Sec. 254.43.


Sec. 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, spill-
response 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.


Sec. 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 Sec. 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 Sec. 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.

[[Page 14001]]

Sec. 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.


Sec. 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.


Sec. 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 Sec. 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 Sec. 254.42. You must designate a location where you 
keep the records of these exercises.


Sec. 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


Sec. 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.


Sec. 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 spill-response 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.


Sec. 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-

[[Page 14002]]

 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.


Sec. 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.


Sec. 254.44  Calculating response equipment effective daily recovery 
capacities.

    (a) You are required by Sec. 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 Sec. 254.45 (b) and (c).


Sec. 254.45  Verifying the capabilities of your response equipment.

    (a) The Regional Supervisor may require performance testing of any 
spill-response 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 Oil-Spill 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.


Sec. 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.


Sec. 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

[[Page 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 Sec. 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 
Sec. 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.


Sec. 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 Secs. 254.51, 254.52, 
and 254.53.


Sec. 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 Sec. 254.3 and contact the appropriate 
regional MMS office if you have any questions on how to prepare this 
Regional Response Plan.


Sec. 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.


Sec. 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 Sec. 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.


Sec. 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