Chapter 1 Environmental and Emergency Response Plannin

CHAPTER 1 

Environmental and Emergency 

Response Planning

This chapter summarizes:

 The importance of spill prevention

 Emergency Response Plans that must be in place before a spill occurs

 Preliminary spill mitigation strategies

1.1 Spill Prevention

It’s important to prevent spills of petroleum products for many reasons: petroleum product spills can damage the environment, waste valuable product,

cause financial harm, and increase liability.

To prevent spills, facility employees should be trained to understand the

potential for releases at each work process and to respond effectively should 

a release occur. See Chapter 10, Training, for training requirements

To understand when and how an unexpected release of product could happen,

you have to think about a variety of factors and conditions, many of which are 

preventable. Some of the more common potential causes of spills include

 Miscommunicatio

 Not understanding standard operating procedures (S

 Complacency or being tired or ill

 Working hastily or while distracted

 Equipment breakdown and malfunction

 Weather conditions such as earthquakes, floods, or thunderstorms 

Some of the actions to eliminate spills at your facility include

 Participating in the training progra

 Requiring documentation that clearly identifies responsible personnel for

each fuel movement

 Reviewing and updating SOPs regul

 Reviewing log entries related to spill prevention (for example, gauging log

 Integrating spill prevention in your daily activitie

 Monitoring spill prevention activities associated with each transfer

operation (for example, checking valve line-ups)

 Talking to other employees about actions to avoid “near miss” incident

 Performing routine maintenanc

 Maintaining fencing, complying with badging requirements, and securing

key pieces of equipment (for example, securing pumps and valves in the off 

or locked position when not attended)

 You may be required to prepare one 

or more Emergency Response Plans 

for accidental releases of oil or 

hazardous substances (see Exhibit 

1−1).

 Emergency Response Plans may be 

combined into one plan (sometimes 

called an Integrated Contingency 

Plan) with an index cross-referencing the various regulatory requirements (61 FR 28642).

 Your response plans must be 

reviewed and may require recertification by a licensed professional 

engineer, when there are changes in facility design, operations, 

maintenance, personnel, or procedures that affect the likelihood of 

a release or the response measures 

taken (40 CFR 112.3).

The Law Says
1-2 Chapter 1 Environmental and Emergency Response Pla

1.2 General Emergency Response Plan 

Requirements

Most material storage sites have the potential to cause environmental harm if

an accident occurs. Accidents can be avoided through emergency preparedness

planning. Your facility’s emergency preparedness planning should include identifying potential hazards and providing instructions for employees in the event of

an emergency.

Important elements of an Emergency Response Plan include emergency cont

information, initial response procedures, recovery operations, incident termination and follow-up actions, and training.

 Emergency contact information includes key contact numbers for the facility, 

fire department, relevant environmental regulators, local water supply and 

sewerage contacts, and specialized cleanup contractors. Each facility should

designate a key contact for the Emergency Response Plan developme

and maintenance, such as a facility emergency response coordinator or 

qualified individual (QI)

 Initial response procedures should include general information about 

emergency alarms, evacuation procedures, and emergency reporting. You

also should include specific information about what to do in the event of a 

release, fire, or other hazard.

 Recovery operations include the activities that follow the initial emergency 

stage. Directions about damage assessment, spill cleanup, utilities

restoration, emergency procurement, employee relations, and public 

relations go in this section of the Emergency Response Pl

 Incident termination and follow-up actions noted in the Emergency Respons

Plan should discuss the demobilization of response resources and the timely

maintenance and/or replacement of emergency response equipment that 

was deployed. In addition, procedures for accident investigation, written

follow-up reports, and emergency plan review should be outlined in this 

section.

 Training is key to making the Emergency Response Plan an effecti

document (see Chapter 10, Training). All staff and contractors working at the

facility should be made aware of the plan and should know their role if an 

emergency occurs. Exercises or drills need to be conducted to familiarize staff

with the operation of the plan and to test its effectiveness.

1.3 Regulation-Specific Emergency Response 

Plans

Several federal regulations require facilities to prepare Emergency Respon

Plans for responding to releases of petroleum products and hazardous substances. Exhibit 1−1 lists the Emergency Response Plans described in this chapter, 

Appendix 1-1 summarizes the applicability of each regulation in more detail.

Your facility may be required to have other emergency plans in accordance with

Occupational Safety and Health Administration (OSHA) regulations, 
Chapter 1 Environmental and Emergency Response Plannin

 Emergency Action Plans and Fire Prevention 

 Process Safety Management (PSM) Plans for highly hazardous materials

as flammable liquids and gases

 Emergency Response Plans and Site Safety Plans for cleanup oper

This Environmental Guide does not summarize theOSHA standards, so you

wish to review the requirements in Title 29 of the Code of Federal Regulations,

Part 1910 (29 CFR 1910), Sections 38, 119, and 120, to determine if you need 

prepare any of these plans.

Remember to check with your state and local emergency planning agencies as

they may have specific requirements in addition to the federal requirements. 

You may need to submit any changes to your Emergency Response Plan to y

community fire department, local emergency planning committee (LEPC), and 

possibly nearby hospital.

EXHIBIT 1−1

Emergency Response Plans

Emergency Response Plans Under the Oil Pollution Act of 1990 (OPA 90)

Characteristics of Site Emergency Response Plan Required Regulation

Fuel storage tanks U.S. Environmental Protecti

Agency (EPA) Spill Prevention, Co

and Countermeasure Pla

40 CFR 112.

Fuel storage tanks PA Facility Response Plan (FRP) 40 CF

Marine terminal facilities

that transfer fuel to and from 

vessels

U.S. Coast Guard (USCG) Ma

Transportation-Related (M

33 CFR 15

Onshore pipelines Pipeline and Hazardous Materi

Safety Administration (

Response Pl

49 CFR 19

Oil transportationPHMSA Response Plan 4

Other Plans

Hazardous waste containers

and tanks

EPA Hazardous Waste Prepared

and Prevention and Contingency Pl

40 CFR 262,

264, and 265

Chemical and gas storage 

tanks

EPA Risk Management Plan 40

Sites with industrial activity

and fueling

EPA Stormwater Pollution Preve

Plan (S

40 CFR 122.2

Bulk petroleum 

transportation on highways

U.S. Department of Transportati

(DOT) Basic and Comprehensi

Response Pla

49 CFR 13

Hazardous materials

transportation on highways

DOT Emergency Resp

Information and Security Pl

requirements

49 CFR 17

Facilities that handle 

extremely hazardous 

substances (EHSs) a

hazardous substances

EPA Emergency Planning

Community Right-to-Know Act o

1986 (EPCRA) Emergency Res

Notificatio

40 CFR 35
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1.4 Combining Several Plans into One Plan

Guidance published in the Federal Register (FR) on June 5, 1996 (and corrected o

June 19, 1996) gives you the option to prepare one comprehensive emergency 

response planning document covering the regulatory requirements set forth by 

the EPA, USCG, U.S. Department of the Interior (DOI, DO

the other agencies recognized the challenges in maintaining several plans and 

issued this guidance to help you consolidate your plans into one plan called 

an Integrated Contingency Plan. Preparing an Integrated Contingency Plan

opposed to several independent plans, is an option.

1.5 Plans Under OPA 90

The Oil Pollution Act of 1990 (OPA 90) changed and strengthened existing

regulations on spill prevention and preparedness. In response toOPA 90, seve

federal agencies establish emergency response requirements for:

 Fuel storage tanks

 Marine terminal facilities that transfer fuel to and from vessel

 Onshore pipeline

 Oil transportatio

1.5.1 Fuel Storage Tanks

Fuel storage tank design, installation, and operation can be regulated by several 

agencies as discussed in Chapter 3,Underground Storage Tanks and Chapter 4, 

Aboveground Storage Tanks and Containers. The primary Emergency Respon

Plans required for fuel storage tanks consist of the Spill Prevention, Control,

and Countermeasure (SPCC) Plan and the Facility Response Plan (FRP), both 

of which are based on the quantity of fuel stored and/or the relative risk of a fuel 

spill entering a surface water body as described below.

1.5.1.1 Does Your Facility Need an SPCC Plan?

The Clean Water Act (CWA) requires any facility that manufactures, stores, 

uses oil to have a plan in place to respond to oil spills that may contaminate the 

nation’s waterways. Specifically, an SPCC Plan is required if your facility has eit

  total aboveground oil storage capacity of over 1,320 gallons in 55-gallon

containers or larger; or

  total buried or underground storage capacity of over 42,000 gallons; an

  location and proximity to navigable waters that cause a reasonable

expectation for discharge of harmful quantities of oil into navigable waters 

(for example, streams, lakes), wetlands, or shorelines.

When determining the applicability of the SPCC rules, the presence of constructed features, such as drainage control structures, dikes, and equipment tha

might prevent, contain, hinder, or restrain the flow of oil, should not be used to 

conclude that a discharge won’t reach navigable waters or shorelines. You must

assume constructed features are not present when making your determination. 

Harmful quantities of oil are defined as discharges that violate water quality standards or cause a film, sheen, or discoloration of the water surface or shoreline. I

Under the Clean Water 

Act (CWA), the definition of oil includes oil of 

any kind and any form, 

such as petroleum and 

non-petroleum oils. Many substances are easily recognizable as 

oils, including gasoline, diesel, jet 

fuel, kerosene, and crude oil. Many 

other substance are considered oils 

but may not be easily recognized 

as “oil,” including mineral oil; the 

oils of vegetable, seed, and animal 

origin; synthetic oil; and oil refuse.

What Is Oil?
Chapter 1 Environmental and Emergency Response Plannin

addition, PA requires facilities with the potential to affect certain natural resources to prepare an SPCC

The SPCC Plan must address petroleum, oils, and lubricants (POL) in cont

and tanks 55 gallons or greater in size. This includes oil-filled equipment, such as

hydraulic systems for pumps, compressors, and other rotating equipment; gear 

boxes; machining coolant systems; heat transfer systems; transformers; and other 

equipment containing oil solely to enable the operation of the device. It also

includes oil/water separators, mobile refuelers, and loading and unloading racks. 

Loading racks are areas physically developed and piped for bulk loading and

unloading of tank cars or tank trucks; locations that use a single hose connection 

or standpipe do not meet the definition of loading rack.

Permanently closed containers and onboard bulk storage containers that are 

used primarily to power the movement of a motor vehicle (that is, a motive 

power container) are not included in the total aboveground oil storage capacity 

for an SPCC Pl

The total underground oil storage capacity for an SPCC Plan does not include 

oil storage capacity of a facility tank that is subject to all of the technical requirements in the underground storage tank (UST) regulations (40 CFR 280) or all 

the technical requirements of a state program approved under 40 CFR 281

Vessels and transportation-related onshore facilities are regulated by U

and DOT, as described later in this chapter, and are not required to develop 

SPCC Plan in accordance with 40 CFR 

1.5.1.2 EPA Requirements of SPCC Plans

The SPCC Plan is a written, site-specific document describing how a facilit

operation complies with 40 CFR 112. The purpose of the plan is to specify procedures, methods, and equipment to prevent and control spills. The SPCC Plan

describe discharge prevention structures, such as secondary containment; proper 

operation and maintenance at the facility; adequate training of facility personnel; 

and spill response procedures. The requirements for SPCC Plans (40 CFR 11

include:

 Plan review lo

 Full management approval and commitment of resources

 Description of physical layout of facility, including oil storage, drainage and

containment features, and locations of spill response materials

 Detailed facility diagram showing location and contents of each container,

tanks, oil-filled equipment, buried tanks managed under UST regulations

transfer stations, and piping

 Routine operational procedures to prevent spill

 Procedures to respond to spills, including contact list, waste disposal

procedures, spill reporting requirements (unless an FRP under 40 CFR 112.

is in place)

 Evaluation of potential equipment failures and direction, rate of flow, and

total quantity of oil that could be discharged

Some states have requirements 

that go beyond the SPCC Plan 

requirements (for example, they 

add hazardous materials to the 

plan). Contact your state agency to 

determine their additional requirements, if any. Any additional state 

requirements should be documented in the SPCC Plan.

Don’t Forget...
1-6 Chapter 1 Environmental and Emergency Response Pla

 Description of general secondary containment features (for example, facility

stormwater drainage), including design and operating procedures

 Bulk storage container management, including contents, sized secondary 

containment, management and drainage of diked areas, integrity testing of 

containers, engineering controls such as high-level shutoff devices and liquid 

level alarm devices

 Inspections and testing of equipmen

 Trainin

 Securit

 Facility tank car and tank truck loading and unloading rack procedures

 Description of facility transfer operations, piping management, pumping, and

facility process

 Requirements for mobile and portable container

 Requirements for piping and piping support

 SPCC Plan review and amendment requirements and recordkeepi

requirements

 Professional certificatio

EPA has published the SPCC Guide for Regional Inspectors, which addresses wh

should be in an SPCC Plan. See Section 1.10, for more informat

1.5.1.3 SPCC Plan Certification

The original SPCC Plan developed for a facility and subsequent technical amendments must be reviewed and certified by a Professional Engineer (PE) lice

the state where the facility is located. The SPCC Plan must be revised whene

a change occurs in facility design, construction, operation, or maintenance that 

affects the likelihood of an oil release. For example, if you add new storage tanks, 

remove tanks, modify existing piping systems, or relocate loading racks, the 

SPCC Plan must be revised and recertified. Exhibit 1−2 lists additional SPCC

requirements.

EXHIBIT 1−2

SPCC Plan Requirements

 Be kept on-site.

 Describe training for all employees involved in oil-handling operations

 Be certified by a registered Professional Engineer (

 Provide a site map showing oil containers, equipment, and pipelines

 Conform with all SPCC requirements in 40 CFR 1

Include inspection, testing procedures, and results

 Discuss spill prevention practices

 Discuss spill history

Illustrate the direction of flow in the event of a major spill or rupture

 Be reviewed every 5 years by management.

 Be amended and recertified by a E for technical modification
Chapter 1 Environmental and Emergency Response Plannin

A documented review of the plan must occur every 5 years. Documentation o

the review can be performed by the facility and does not necessarily require a 

licensed PE. However,a PE certification is required if there are technical amendments to the SPCC Plan as an outcome of the review. Administrative ch

the plan don’t need to be certified.

A facility may self-certify the SPCC Plan under certain circumstances, such as having all on-site oil storage capacity in containers or tanks less than 5,000 gallons

a facility with an infrequent spill history and low total storage capacity. Specifics

are found at 40 CFR 112.6; some states do not allow self-certifications, so check

with your states.

1.5.1.4 Does Your Facility Need an EPA Facility Response Plan?

In response toOPA 0, EPA requires an FRP for fuel storage tanks based on worstcase oil discharge scenarios. According to 40 CFR 112.20(f), your faci

to prepare an FRP if it is either a substantial harm facility or a significant an

substantial harm facility (as defined in Appendix 1-2). Refer to Exhibit 1−3 to determine if your facility is required to prepare an FRP. If your facility is required

prepare an FRP, it must be submitted to the appropriate regiona EPA office. I

do not need to prepare an FRP, you must complete the certification in Appendi

1-2 and include it in your SPCC Plan or Integrated Contingency 

EXHIBIT 1−3

Facility Response Plan Preparation Requirements

Prepare Facility Response Plan

Does the facility lack adequate 

secondary containment for each 

aboveground storage area (sufficient 

to contain the capacity of the largest 

aboveground storage tank within that 

storage area)?

Is the facility located close enough 

to fish and wildlife and sensitive 

environments to cause damage in a 

discharge (defined in Appendix D of

40 CFR Part 112)?

Is the facility location such that a 

discharge from the facility could shut 

down a public drinking water intake?

Within the past 5 years, has the facility 

experienced a reportable discharge of 

10,000 gallons?

Does the facility have a maximum storage 

capacity greater than or equal to 42,000 

gallons, and do the operations include overwater transfers of oil to or from vessels?

Does the facility have a maximum storage 

capacity greater than or equal to 1 million 

gallons?

A Facility Response Plan is not required, 

except at EPA discretion

Yes

Yes Yes

Yes

Yes

Yes

No

No

No

No

No

No
1-8 Chapter 1 Environmental and Emergency Response Pla

1.5.1.5 Requirements of EPA Facility Response Plan

AnEPA FRP requires that you have personnel and equipment available, by contract or other means, to remove a worst-case oil discharge. The plan must i

descriptions of the training, equipment testing, unannounced drills, self-inspection reviews, and response actions to be carried out. It also must include

 Immediate source control and containment measure

 Capabilities and duties of response personnel

 Information to give to response personnel if there is a spil

 Description of response equipment and locatio

The FRP also covers evacuation plans, drainage plan diagrams, hazard evaluations, worst-case scenarios, discharge detection systems, and security syste

(see 40 CFR 112.20 for more detail)

1.5.2 Marine Facilities that Transfer Fuel to and from Vessels

The USCG regulates vessels, deepwater ports, and the transfer of oil or hazardo

material in bulk to and from vessels. TheMTR facility rules in 33 CFR 154 appl

onshore or offshore facilities that accommodate vessels with capacities of 250 

barrels (about 10,500 gallons) or more. Additional regulations for transferring oil

and hazardous materials between vessels and facilities are in 33 CFR 156

1.5.2.1 Does Your Facility Need a USCG MTR Facility Response Plan?

Your facility needs anMTR FRP if it has pipelines or hoses to transfer fuel 

from barges or ships. This includes permanent and mobile waterfront facilities

(for example, tank cars and tank trucks). It also includes facilities that the Captain

of the Port (COTP) determines may pose substantial harm to the environm

by discharging oil into navigable waters or onto shorelines (see Appendix 1-2). 

Exhibit 1−4 lists some of the TR FRP requirem

You should routinely inspect response equipment, such as containment booms,

skimmers, and vessels and keep records of the inspection. If your facility elects to

hire an oil spill removal organization (OSRO) to provide emergency resources, 

contract must be referenced in the FRP, and it needs to identify the OSRO’s committed personnel and equipment available and response times. Note that facilities that could reasonably be expected to cause significant and substantia

to the environment and non-inland facilities that handle Group I through IV 

petroleum oils must be able to provide aerial surveillance tracking of the spilled 

oil slick should there be a spill. In addition, those facilities storing or handling

GroupI throug IV petroleum oils must provide dispersant response, firefighti

and shoreline cleanup resources or OSROs as described in the FRP. You need to revie your MTR FRP annually and submit updated plans to the COTP

and when there are substantial changes to the facility’s configuration.
Chapter 1 Environmental and Emergency Response Plannin

EXHIBIT 1−4

MTR Facility Response Plan Requirements

Along with anMTR FRP, you also must have an oil and hazardous material operations manual. The operations manual describes your operating procedur

how your facility meets the equipment requirements outlined in 33 CFR 154 and

156, including:

 Types of products you transfer, their hazards, and procedures for transferring

products

 Names and phone numbers for emergency personne

 Emergency shutdown systems, communication systems, containment

equipment, and firefighting equipment

Your operations manual needs to be submitted to the COTP. After review and acceptance by the COTP, a certificate indicating USCG approval (called a Ce

of Adequacy) needs to be included in the manual. For complete information, see

33 CFR 154 Subpart 

1.5.2.2 Preventive Booming for Marine Transfers

A boom is a temporary floating barrier used to contain an oil spill. Sometime

booming is used to prevent a spill from spreading uncontrollably (such as when 

fuel is being transferred from one vessel to another). This is called prebooming or

preventive booming.

No federal regulations require preventive booming, but deploying booms

and other oil recovery devices after a discharge is required as described in your 

response plans and applicable interagency plans, such as Regional Contingency

Plans and Area Contingency Plan. DLA Energy practices preventive b

when required to do so by state or local laws and according to the following “do 

not” guidelines:

 Do not boom during transfers of non-persistent fuels (highly volatile),

such as gasoline, unless ordered by the USCG. (Although dispersion is saf

than booming, you can boom very small amounts if there is enough fire 

equipment. Only boom persistent, heavy-end or high-flashpoint products.

Identify a QI and an alternate person who is familiar with the FRP and who can

reached 24 hours a day.

Include a prioritized list of people to notify if there is an oil spill

 Contain spill mitigation procedures (from the most probable discharge scenario to the 

worst-case discharge scenario). The procedures must detail the responsibilities of facility

personnel by job title.

 Describe response activities, including your plan to have personnel begin a response

effort and supervise response resources until a qualified person arrives.

 List environmentally and economically sensitive areas and the personnel and equipment

available to protect these areas.

Include disposal plans to handle all recovered oil and contaminated debris from a spill

 Contain other items, such as training and drill procedures, list of contacts, available 

response equipment, communication plans, operations-related information, and plan 

review and update procedures.

You should always boom to protect 

environmentally sensitive areas that 

could be hurt by a spill from your facility according to state or local laws 

and the "do not" guidelines.

Don’t Forget...
1-10 Chapter 1 Environmental and Emergency Response Pla

 Do not use fixed booms in swift currents (1.5 knots or greater) where fuel is

deflected over the top or under.

 Do not boom in situations you think are unsafe

Some states (such as New Jersey and California) have laws requiring preboomin

in certain situations. For example, in California, you must boom before beginning 

a marine fuel transfer and completely encircle water near any parts of the vessel 

or dock where oil may spill, as required by the California Department of Fish

and Game, Office of Spill Prevention and Response (Title 14 California Co

Regulations, Sections 800 through 845). The USCG COTP may require pre

in your location. Check with your local USCG and other state and local agencie

for their requirements.

1.5.3 Onshore Pipelines

In response toOPA 0, DOT published response plan requirements for o

pipelines through its Pipeline and Hazardous Materials Safety Administration 

(PHMSA) Office of Pipeline Safet. DOT regulates the transportation of na

gas, petroleum, and other hazardous materials by pipeline, tank trucks, and railcars. The requirements in 49 CFR 194 apply to onshore pipeline facilities (sometimes called transportation-related facilities) consisting of any equipment, facility

or building used in the transport of oil. For instance, this includes the pipeline, 

pumps, delivery stations, and breakout tanks.

In addition, refer to Chapter 5, Piping and Pipelines for information about requirements for pipeline operation, maintenance manuals, and public awareness

programs.

1.5.3.1 Does Your Facility Need a PHMSA Pipeline Response Plan? 

Every onshore pipeline facility needs to prepare a Pipeline Response Plan unl

the pipelines have an outside nominal diameter of less than 6 inches, are less 

than 10 miles long, and:

 You have not had a release of over 1,000 barrels in the past 5 years

 You have not had at least two reportable releases in the past 5 years

 You meet specific requirements for electric-resistance-welded pipe

 You are not near or are unlikely to adversely affect navigable waters, public

drinking water intakes, or environmentally sensitive areas.

Your initial Pipeline Response Plan must be submittedto PHMSA or yo

agency if they require greater spill protection than the OT (see 49 CFR 194 

more detail).

Exhibit 1−5 lists a few of the HMSA Pipeline Response Plan requi
Chapter 1 Environmental and Emergency Response Planning

EXHIBIT 1−5

PHMSA Pipeline Response Plan Requirements

1.6 Other Response Plans

In addition toOPA 90, other regulations require spill response plans. The o

plans applicable to fuel facilities may consist of:

 Clean Air Act (CAA) Risk Management Plans (RMPs) to prevent a

releases of dangerous chemicals

 Contingency plans for hazardous waste generators

 SWPPPs for runoff con

 OT plans for transporting fuel on roadways and railro

These response plans are summarized in this chapter. Federal agencies must give

proper consideration to the environment prior to undertaking major actions that 

could significantly affect the environment (such as construction, repair, maintenance, operations, training, testing, and contract conditions). The National

Environmental Policy Act (NEPA) requires federal agencies to integrate environmental reviews into their project planning and decision-making processes. Refer

to Chapter 13, NEPA Process and Resource Planning, for more information about 

the EPA process and cultural and natural resource plann

1.6.1 Risk Management Plans

The CAA Amendments of 1990 Section 112(r) established the chemical acci

prevention provisions and EPA-published, corresponding regulations in 40

68, generally known as the RMP. These rules apply to a facility that stores or u

greater than a specified threshold quantity (TQ) of 1 of 77 air toxic or 63 flammable chemicals on the regulated substances list, regardless of the facility size.

Flammable substances used as fuel or held for sale as fuel at a retail facility are not 

subject to this regulation. However, flammable fuels used as a feedstock or held

for sale as fuel at wholesale distribution facilities and bulk storage terminals are 

still covered.  retail facility is a facility where more than half of the income is

obtained from direct sales to end users or where more than half of the fuel sold, 

by volume, is sold through a cylinder exchange program.

1.6.1.1 Does Your Facility Need a Risk Management Plan?

The type and quantity of chemicals that you handle will determine whether you

must report them. For example, if you have the following chemicals in excess of 

the quantities shown in Exhibit 1−6 and the propane is not used as fuel, then you 

must develop and implement a risk management program.

 List procedures, resources, and equipment for responding to a worst-case spill (including

contractors, if any, that you expect to play a role in response activities).

Include training and equipment testing procedures and types of drills

 List names, addresses, and phone numbers of your QI and responsible regulator

agencies.

 Describe immediate notification procedures

Include methods of detecting spills and cleanup procedures

 Review and update plans at least every 5 years
1-12 Chapter 1 Environmental and Emergency Response Pla

EXHIBIT 1−6

Select Chemicals and Threshold Quantities from 40 CFR 68.130

Chemical Threshold Quantity

Propane 10,000 pounds (lb) (a 2,500-gallon water capacity tank

Chlorine 2,500 lb

Ammonia (anhydrous) 10,000 l

Hydrazine 15,000 l

Note that this isn’t the complete list, and the listed chemicals may be present in

a mixture. At least 140 chemicals (and corresponding TQs) that are considere

to pose the greatest hazard to public health in the environment in the event 

of a release are listed in 40 CFR 68.130. You need to check the list of regulate

substances and TQs to determine if your facility is required to submit an R

You may want to limit the quantity of CAA-regulated substances present on-si

to below TQs to avoid having to prepare an RMP. Even if the quantity is lim

to below TQs, the general duty clause obligations must be satisfied (see further

details in Section 1.6.1.2).

The intent of this rule is to focus on flammable substances with the potential to

be involved in vapor cloud explosions. Flammable substances with a National

Fire Protection Association (NFPA) flammability hazard rating of less than 4

exempt from threshold determinations. Typically, jet fuel and gasoline have an

NFPA rating of less than 4, so you don’t need to consider these chemicals in yo

threshold determinations.

Transportation facilities, such as pipelines and associated activities that are

already subject to 49 CFR 192, 193, and 195, are exempt from theRMP requirements of the CAA. Transportation containers, such as tank trucks or rai

carrying regulated substances above TQs, are also exempt while in transit (under

active shipping papers). This means the container has to be attached to the truck

or locomotive to be exempt. If the container is detached, thenEPA considers 

container to be serving as a storage container, and an MP is requir

1.6.1.2 What is the General Duty Clause?

The general duty clause is a performance-based authority reflecting the congressional intent that the owners and operators of stationary sources and facilities

have the primary responsibility for preventing chemical accidents. Sections 113

and 114 of the CAA provid EPA with the jurisdiction to implement and enf

the general duty clause.

Facilities that store and use extremely hazardous substances (EHSs) in quantiti

less than the TQ must satisfy the general duty clause requirements; however, they

are exempt from the MP regulation. The general duty clause in Section 112(r

of the CAA imposes the following primary obligations on the owners and operators of stationary sources who have EHSs at their facili

 Identify hazards that may result from accidental releases using appropriate

techniques
Chapter 1 Environmental and Emergency Response Planning

 Design and maintain a safe facility, taking the steps necessary to prevent

releases

 Minimize the consequences of accidental releases that occu

1.6.1.3 Requirements of a Risk Management Plan

Facilities regulated by this rule must implement procedures designed to reduce 

the possibility of accidental releases of hazardous material. Depending on the risk

posed by a given facility, one of three levels of an MP is required (see 40 CFR

for more details). For instance, the MP may need to include a hazard assessmen

prevention program, emergency response program in addition to a 5-year accident history, and a management system to implement the program elements. 

Exhibit 1−7 lists additional requirements for an R

Plans for existing facilities were required to be submitted electronically toEPA

June 21, 1999, followed by an updated submission every 5 years, or when your 

facility becomes subject to these requirements. PA will make te RMP avai

to state and local officials involved in planning for and responding to chemical 

emergencies. The public can see a summary of the non-sensitive information

Facilities with RMPs must conduct and document compliance audits at lea

every 3 years. The purpose of the audit is to verify that emergency response

procedures and underlying safety programs adequately meet the regulations.

EXHIBIT 1−7

Risk Management Plan Requirements

1.6.2 Hazardous Waste Contingency Plans

The Resource Conservation and Recovery Act (RCRA) requires that if you

accumulate hazardous waste on-site at your facility (referred to as being a 

generator), you must establish procedures and take precautions to prevent accidental releases. The regulations for generators in 40 CFR 262 require that bot

large quantity generators (LQGs) and small quantity generators (SQGs) of 

hazardous waste comply with the preparedness and prevention requirements 

of 40 CFR 262. LQGs also need to comply with contingency plan and emergen

procedure regulations. See Appendix 1-1 for the references to these requirements. Very small quantity generators (VSQGs) generate no more than 100

kilograms (kg) of hazardous waste, no more than 1 kg of acute hazardous waste 

(AHW), and no more than 100 kg of any AHW-contaminated debris in a calen

month. Special requirements for VSQGs are listed in 40 CFR 262.14. VS

not required to meet the emergency planning requirements for hazardous 

waste (but may be required to have an emergency plan under other regulations). 

 Review the facility’s chemicals, processes, and equipment

 Document a 5-year history of releases

 Develop standard operating procedures

Include a hazard assessment of the likelihood of accidental releases

 Present the potential consequences of releases under worst-case and alternate scenarios

 Describe an accidental release prevention program

 Discuss emergency response procedures

 Describe employee training procedures and safety audits
1-14 Chapter 1 Environmental and Emergency Response Pla

See Chapter 7, Hazardous and Recycled Waste, for more about the requirements

for LQGs, SQGs, and

1.6.2.1 Does Your Facility Need a Hazardous Waste Contingency Plan?

LQGs and SQGs are required to prepare for possible emergencies in several wa

For instance, they must have emergency communication systems and equipment 

for the type of hazardous waste handled. These include

  telephone, radio, or alarm system available where hazardous waste is

handled to contact facility personnel and request emergency assistance from 

police, community fire department, or state authorities

 Portable fire extinguisher or fire control equipmen

 Water volume and pressure to adequately supply automatic sprinklers, hoses, 

or sprays

 Spill control equipment (such as absorbent booms and mats, buckets, or

mops)

 Decontamination equipment (such as brushes or buckets

Both LQGs and SQGs are required to have an Emergency Coordinator at the facility or on call (24 hours) to ensure emergency procedures are performed in cas

an emergency. Your QI often serves as the Emergency Coordinator for hazardo

waste requirements.

LQGs must have a written emergency response plan called a Hazardous Was

Contingency Plan to identify measures to be performed in the event of a fire,

explosion, or release of hazardous waste. Refer to Exhibit 1−8 for a summary of

Hazardous Waste Contingency Plan requirements

Congress was concerned that full regulation of SQGs might be economicall

burdensome, so it reduced some of the regulatory requirements for SQGs. Fo

example, SQGs are not required to prepare a formal written contingency plan bu

are required to post the following information next where hazardous waste is 

generated, handled, and stored:

 The name and phone number of the Emergency Coordinator (or 

 The telephone number of the fire departmen

 The location of fire extinguishers, spill control equipment, and alarm system

EXHIBIT 1−8

Hazardous Waste Contingency Plan Requirements

 Provide information about the type, quantity, and location of hazardous waste

generated at the facility.

 List the name and emergency phone numbers of all persons qualified to act as

emergency coordinator (usually your QI). This list must be kept up to date

 Describe the responsibilities of the emergency coordinator (or QI) and respons

procedures for various emergencies, such as waste spills, fires, and explosions.

 Provide a list and map of emergency, spill control, and decontamination equipment

along with a description of the capabilities of such equipment.

 Describe arrangements made with local police, fire departments, hospitals, and

contractors along with state and local emergency response teams.

Include an evacuation plan and procedures
Chapter 1 Environmental and Emergency Response Planning

Copies of the Hazardous Waste Contingency Plan must be submitted to all stat

and local organizations that could be involved in an emergency action. This

includes the fire and police departments, the state and local emergency response 

teams, and hospitals. You should update the Hazardous Waste Contingency Pl

immediately when there are changes to the facility, waste generation, staff, or 

procedures that affect the plan. The Emergency Coordinator at LQG facilities m

also submit an incident report to PA within 15 days of any hazardous waste spil

In addition, a quick reference guide of the contingency plan must be submitted

by LQGs to local emergency response teams. The quick reference guide mu

contain the following eight elements:

1. Types and names of hazardous waste and associated hazard

2. Estimated maximum amounts of hazardous waste

3. Hazardous wastes requiring unique and/or special treatmen

4. Map showing where hazardous wastes are generated, accumulated, or treated

at the facility

5. Map of facility and surroundings to identify routes of access and evacuatio

6. Location of water suppl

7. Identification of on-site notification system

8. Name of Emergency Coordinator(s) or listed staffed position(s) and 24/

emergency telephone number(s)

The quick reference guide must be updated whenever the contingency plan is

amended, and these documents must be submitted to the emergency response 

teams.

1.6.3 Stormwater Pollution Prevention Plans

Stormwater is rain runoff or snow melt from roofs, roads, and paved areas, 

including around aboveground storage tanks (ASTs) in containment dikes a

other exposed areas. The runoff may pick up pollutants along the way and discharge into nearby waterways. In 1990 EPA began regulating stormwater u

the National Pollutant Discharge Elimination System (NPDES) progra

122.26. PA established the SWPPP requirements to ensure that facilitie

raw materials, products, and wastes from contaminating stormwater runoff.

1.6.3.1 Does Your Facility Need a Stormwater Pollution Prevention Plan?

Certain transportation-related facilities regulated by DOT, such as bulk fu

terminals and pipelines, that have vehicle maintenance shops and equipment-cleaning operations are required to obtain a stormwater permit. See

Chapter 9, Wastewater and Stormwater for more details on permit requirements. 

Stormwater discharges from transportation facilities (generally identified by

Standard Industrial Classification [SIC] codes 40, 41, 42, 43, 44, 45, and 5171) 

be required to prepare an SWPPP. Note that most environmental regulat

have migrated from SIC codes to North American Industry Classification S

(NAICS) codes; however, the federal stormwater regulations still use SIC 

(40 CFR 122.26). The equivalent NAICS codes are 481, 482, 483, 484, 485, 486,

56211, 71393, 45431, and 4227.
1-16 Chapter 1 Environmental and Emergency Response Pla

A SWPPP is needed for construction projects that disturb 1 or more acres of l

Examples of disturbing land are clearing, grading, excavating, and stockpiling of

soil and fill materials.

Check with your state water quality agency for stormwater management requirements (see Appendix E for a list of state contacts). Many state water quality

regulations are more stringent than the federal regulations and may require you 

to prepare a SW

1.6.3.2 Requirements of a Stormwater Pollution Prevention Plan

The plan must identify a pollution prevention team; identify the facility’s potential sources of stormwater pollution; develop and implement best management

practices (BMPs) to reduce pollutants in stormwater runoff; and develop inspection, monitoring, and maintenance procedures for the selected BMP

A description of BMPs or stormwater management controls must be included 

the SWPPP. For example, BMPs consist of but are not limit

 Keeping the facility in a clean and orderly manner

 Developing a preventive maintenance program for facility equipment to

reduce drips and spills

 Minimizing contamination of stormwater from fueling areas by using drains,

roofs, and overfill protection

 Using drip pads and absorbent materials for vehicle and equipment 

maintenance activities

 Inspecting storage areas, cleaning areas, fueling areas, and maintenance

areas quarterly

 Training employees on their responsibility for stormwater managemen

 Identifying spill prevention and response procedure

The SWPPP must include a detailed site map showing facility attributes 

affect stormwater. For a more detailed description of SWPPP components, 

Chapter 9, Wastewater and Stormwater.

1.6.4 Transporting Fuel on Roadways and Railroads

TheDOT shipping requirements for hazardous materials in 49 CFR 171 thr

180 supplemented these requirements and established spill response planning 

requirements in 49 CFR 130 for bulk petroleum shipments on highways and railways. The purpose of these requirements is to ensure that personnel are trained

and equipment is available to respond to a spill. OT wants procedures in pla

so that notification and cleanup of a spill occur as quickly as possible. It requires

one of the following:

  Basic Response Plan for bulk shipments of petroleum oil (tank truck

railroad tank cars, or portable tanks) with a capacity of 3,500 gallons or more 

-or- 

  Comprehensive Response Plan for bulk shipments of petroleum and nonpetroleum oil (such as vegetable oil or turpentine) in packaging equal to 

greater than 1,000 barrels or 42,000 gallons
Chapter 1 Environmental and Emergency Response Planning

The Basic Response Plan should address spill response procedures, availabili

of response personnel and equipment, and people and agencies to notify in the 

event of a spill. The plan must be prepared by the carrier and retained on file at

the transporter’s dispatch office.

The Comprehensive Response Plan must address the requirements for the bas

plan and provide additional information. The Comprehensive Response Plan al

needs to:

 Address various spill scenarios and responses, including fire and explosions,

and the worst-case discharge of all the contents

 Identify the QI who can be contacted while the shipment is in trans

 Describe training, equipment testing, and unannounced drills for responding

to spills

The Comprehensive Response Plan must be submitted by the carrier 

the Federal Railroad Administrator for tank cars or to the Federal Highw

Administrator for cargo tanks

In addition to these specific plans,DOT requires that any person shipping hazardous materials (including oils) have emergency response information immediat

available at all times (49 CFR 172 Subpart G). This information includes ba

description and technical name of the hazardous material, immediate hazards 

to health, risks of fire or explosion, immediate precautions to take in the event of 

an accident or incident, immediate methods for handling fires, initial methods 

for handling spills or leaks in the absence of fire, and preliminary first aid measures. Many shippers and transporters keep the Emergency Response Guidebook

as a handy reference containing this information. See Section 1.10, For More

Information.

DOT also requires that any person offering hazardous materials for shipment (th

must be placarded) have a written Security Plan (49 CFR 172 Subpart I). Alt

not specifically an environmental response plan, Security Plans must assess th

potential risks associated with hazardous materials, such as flammable liquids, 

that will be offered for shipment and during shipment and must address measures to keep hazardous materials secure. Information in a Security Plan shou

include measures that:

 Confirm information provided by job applicants who may have access to 

hazardous materials

 Address the risk that unauthorized persons may gain access to the hazardous

materials

 Address the security risks to the hazardous materials en route from shipment

origin to destination

A vulnerability assessment is often conducted while developing the Securit

Plan to identify potential threats and reduce risks. Employee training and emergency response planning are critical components for effectively addressin

security risks.
1-18 Chapter 1 Environmental and Emergency Response Pla

1.7 Interagency Response

When a release or spill occurs, LA Energy or its response contractors, s

operations personnel, the local fire and police departments, and the local 

emergency response personnel provide the first line of defense. If needed, a

variety of other agencies stand ready to support, assist, or take over response 

operations if an incident is beyond local capabilities. The rules in 40 CFR 300

National Oil and Hazardous Substance Pollution Contingency Plan, establish a unified interagency command structure for managing responses to releases from 

federal, state, and local governments that may be activated during spill response 

actions. This regulation establishes roles and responsibilities for the Nationa

Response Center, the National Response Team, the National Strike Force

Environmental Response Team, Regional Response Teams, area commit

and on-scene coordinators (OSCs). It also defines the objectives, authority, a

scope of Federal Contingency Plans, including the National Contingency Pla

Regional Contingency Plans, and Area Contingency Plans. If a spill is reporte

the National Response Center (see Chapter 2, Incident and Spill Reporting), th

OSC determines whether agency involvement is warranted for the cleanup an

protection of public health.

1.8 Preliminary Spill Mitigation Strategies

Spilled oil and fuel immediately begin to migrate and weather, breaking down

and changing their physical and chemical properties. As these processes occur,

the oil threatens water quality, habitat, and aquatic organisms. Preventing oil

spills is the best strategy for avoiding potential damage to human health and the 

environment. The following subsections will help you develop the emergency

response procedures needed for the plans previously described in this chapter, 

and they primarily focus on spills that reach surface waters.

1.8.1 Assessment of Spills

If you have an oil and/or fuel spill from storage tanks, you must begin emergency

measures.  quick cleanup can lessen environmental damage and lower total

cleanup costs.

The assessment of initial spill conditions serves an important role in developing

an effective cleanup strategy. It is important to note the following information

when assessing a spill:

 Type and amount of oil and/or fuel spille

 Behavior of the spilled oil and/or fuel

 Spill trajectories and persistenc

 Current and forecast weather

The used oil from one oil change 

can contaminate 1 million gallons 

of fresh water—a year’s supply for 

50 people!

Did You Know?
Chapter 1 Environmental and Emergency Response Planning

For those spills reaching navigable waters, the following additional information is 

important:

 Wave and tidal influences

 Shoreline characteristics and resources at ris

As the information above is collected, cleanup strategies can be developed and

revised as conditions change to protect resources at risk.

1.8.2 Initial Spill Cleanup

A specific strategy for cleaning up a spill generally depends on how much time

has elapsed since the spill. If a spill is discovered in the early stages, when the

oil and/or fuel is fresh and concentrated near the source, the focus should be 

on source control, near-source containment, and removal. Source control may

mean, if it is safe to do so, closing the leaking valve, patching a leaking tank, or 

off-loading the leaking tank to prevent further release. If the oil and/or fuel has

already spread from the source and potentially threatens sensitive resources and 

habitats, the focus should be to minimize the spread of oil and/or fuel through 

containment, prevention of contact with resources at risk, and protection of 

resources and habitat most vulnerable to long-term oil and/or fuel impacts. Once

oil and/or fuel has impacted the shoreline, the focus should shift to cleaning up 

the shoreline so that the environmental impact to the shoreline is minimized.

A wide variety of techniques exist for containment and cleanup of oil and/ or fuel

spills. For instance, immediate cleanup of spills released to the ground, depending on the quantity spilled, might be best managed by excavation, containerization, and off-site transport and disposal at an approved disposal facility. For larger 

spills, a cost evaluation between on-site or in situ treatment options versus a “dig 

and haul” approach may be warranted. Chapter 8, Assessment and Cleanup describes assessment and cleanup methods. Many of these remediation techniques

are used together to achieve the desired outcome.

Exhibit 1−9 lists common techniques used in immediate aquatic oil spill cleanup. 

Appendix 1-3 provides a detailed description of each of the common containment and cleanup techniques for spills into water. The use of dispersants and

other chemical and biological agents to mitigate oil spills on navigable waters 

and adjoining shorelines is regulated by the National Oil and Hazardous 

Substance Pollution Contingency Plan (NCP or OHSPCP) in 40 CFR 300

Subpart J, Use of Dispersants and Other Chemicals. Th EPA maintains a lis

dispersants and other chemical or bioremediation products called the National 

Contingency Plan (NCP) Product Schedule. Before using any dispersant or 

chemical or biological product, be sure it is on the schedule and that you have 

approval from the federal OSC. Sorbents are not included on the schedule an

do not need OSC approva
1-20 Chapter 1 Environmental and Emergency Response Pla

EXHIBIT 1−9

Common Techniques Used in Oil Spill Cleanup in an Aquatic Environment

Type Technique

Natural Methods Natural Attenuat

Biodegradation

Evaporation

Weathering

Physical Methods Boomi

Skimmin

Raking

Wiping

Pressure washin

Tillin

In situ burnin

Sorbent

Chemical Methods Dispersants or surfactant

Demulsifier

Solidifier

Surface film chemicals

Biostimulation 

Oxidatio

1.8.3 Disposal of Oil and Oily Debris

Don’t wait until an emergency to decide where to send recovered product and

debris after a spill. Plan this in advance and include this in your Emergenc

Response Plan. Some options might inclu

 Recycling: Recycling is an excellent disposal option. You can blend waste oi

with other fuel oils for burning in asphalt and similar plants.

 In situ burning: In some cases, the best solution is to burn the oil an

associated debris in place. Your state or local agency must approve this

option.

 Incineration: Although expensive, incineration completely destroys oil

wastes. This is done at a commercial treatment facility

 Landfilling: Restrictions on landfilling free liquids make this optio

unattractive. Also, transportation and solidification costs make landfilling

expensive.

 Landfarming: You can spread contaminated soil over large areas of land unde

controlled conditions and let biodegradation occur. This is a long-term process

but an economical one. This may not work for large spills, as a lot of land is

required. Your state or local agency may require they approve this option

1.8.4 Are Oil and Oily Debris Considered Hazardous Waste?

The oil or oily debris you collect for disposal is not listed as a hazardous waste

under federal laws and regulations. However, if it is characteristically hazardous

according to test results from the Toxicity Characteristic Leaching Procedure 
Chapter 1 Environmental and Emergency Response Planning

(TCLP), it is subject to the hazardous waste requirements found in 40 CF

261−262 when being disposed instead of recycled (see Chapter 7, Hazardous and 

Recycled Waste).

Regardless of the federal requirements, some states, such as California, have

declared waste or used oil and oily debris to be hazardous waste. Be sure to check 

your state requirements.

1.9 State Requirements

Some states have additional requirements for spill prevention and response that

address smaller quantities of oils and oils in slightly different situations or include 

hazardous materials. For example:

 Washington State requires an operations manual (for Class 1 and 2 facilities),

a contingency plan (for Class 1 facilities), an oil transfer response plan (for 

Class 2 facilities), and a prevention plan (Class 1 facilities) that address various 

aspects of spill prevention and contingency if a facility is located near a 

waterway and transfers petroleum products to or from a pipeline or vessel 

(Washington Administrative Code 173−180 through 184). Washington Stat

also requires a preload or cargo transfer plan and 24-hour notice before a 

100-gallon or more transfer from shore to a vessel, with some exceptions.

 Florida has a separate Bureau of Petroleum Storage Systems under t

Department of Environmental Protection and has specific contingen

plan requirements. These include annual spill response training and annual

review of the contingency plan, specific regulations for petroleum contact 

water (62−740 Florida Administrative Code),AST inspections be perfor

monthly, and the time between inspections cannot exceed 35 days.

 Michigan requires additional information in a Pollution Incident Prevent

Plan (PIPP) under the Part 5 rules (Michigan Administrati

R324.2001−2009). Require PIPP information includes a list of poll

materials typically on-site during the previous 12 months in quantities above 

threshold management quantities and procedures for state notification when 

the IPP is complete or upda

 New Jersey has the Discharge Prevention Program, which includes discha

prevention, containment, and countermeasures plans and discharge cleanup 

and removal plans; for certain facilities, both plans must be reviewed by the 

state. Most program requirements apply only to facilities that store 20,000

gallons or more of New Jersey-regulated hazardous substances excluding

petroleum products or 200,000 gallons of regulated hazardous substances 

including petroleum products.

 In Texas, the Texas General Land Office (TGLO) is the lead state a

oil spill prevention and response planning. Coastal facilities must submit 

a Discharge Prevention and Response Certificate application to the

A Texas Oil Spill Planning and Response Toolkit is available. Mos

environmental requirements are regulated by the Texas Commission on

Environmental Quality

State Requirements
1-22 Chapter 1 Environmental and Emergency Response Pla

 California requires additional information in the SPCC Plan for facilities th

have a single tank exceeding 20,000 gallons or a cumulative storage capacity 

greater than 100,000 gallons. These facilities must also prepare a storage

statement that identifies a contact for the facility and the location, size, age, 

and content of each tank that exceeds 10,000 gallons in capacity and holds 

a substance that is at least 5% petroleum. This statement must be submitted

to the local Water Quality Control Board every 2 years on or before July 1 

(California Health and Safety Codes, Chapter 6.67, Section 2527

In addition, many states require a spill response plan under their state site remediation regulations. Check with your state and local agencies for their

requirements.

1.10 For More Information

For Information On... See...

Spill Plan-Related Agencies

EPA’s oil spill program and resources www.epa.gov/oilsp

EPA’s Office of Emerg

Management for oil, EPCRA, and RMPs www.epa

EPA’s Office of Emerg

Management − Response and Cleanu

Technologie

www2.epa.gov/emergency−response/epas− 

response−techniques

DOT’s Office of Pipeline and Haza

Material Safety Administrat

(202) 366−4433

www.phmsa.dot.gov

Hazardous Materials Informati

Center

(800) 467−4922

https://www.phmsa.dot.gov/about-phmsa/offices/

office-hazardous-materials-safety

EPA’s Office of Solid Waste

Hazardous Waste Contingency Plans www.epa.gov/o

The U.S. National Response Team https://nrt

U.S. Coast Guard www.uscg.m

EPA’s Office of Wastewa

Management and SWPPPs www.epa.go

National Oceanic and Atmospher

Administration (NOAA) Offi

Restoration and Respon

http://response.restoration.noaa.gov

Documents and References

Contents of the OT Emerge

Response Guidebo

https://www.phmsa.dot.gov/sites/phmsa.dot.gov/

files/docs/ERG2016.pdf

Spanish version of the

Emergency Response Guideb

https://www.phmsa.dot.gov/sites/phmsa.dot.gov/

files/docs/2016GRE.pdf

SPCC Guide for Regional Inspectors www.epa.gov/oil-spills-prevention-andpreparedness-regulationsspcc_guidanc

For More Information
Chapter 1 Environmental and Emergency Response Planning

For Information On... See...

The National Response Tea

Integrated Contingency Pla

Guidanc

61 FR 28642, June 5, 1996, www.gpo.gov/fdsys

pkg/FR-1996-06-05/pdf/96-13712.pdf

NCP Product Schedule − list

dispersants and chemical and 

biological agents for oil spill 

mitigation

(202) 260−2342

https://www.epa.gov/emergency-response/

national-contingency-plan-subpart-j#schedule

NOAA shoreline emergency respo

guidelines and publications http://response.restoration.noaa.gov/publications

NAICS codes www.census.gov/eos/www/n

1.11 Action Items

Item Date 

Started

Date 

Completed N/A Comment(s)

Prepare and update all 

Emergency Response Pla

applicable to your facility.



Conduct training and practice

drills, or your response plan 

is useless.



Define the roles of facility

response teams, the QI

outside contractors, and local 

response agencies.



Orient local response 

agencies (such as fire 

department, police, local 

responders) to your facility 

and consider giving tours to 

improve familiarity with your 

site.



Make arrangements with 

an emergency response

contractor ahead of time.



Maintain an inventory of 

spill response equipment 

and safety gear (absorbent

brooms, buckets, mops, rags,

shovels, gloves, boots).



Routinely check the

operations of emergency

response equipment (fire

extinguishers, alarms, radios,

valves).



Action Items
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Chapter 1 Environmental and Emergency Response Planning

CHAPTER 1 

Appendices

Appendix 1−1 Federal Emergency Planning Requirements

Appendix 1−2 Certification for Facilities that Do Not Pose 

 Substantial Harm

Appendix 1−3 Common Cleanup Techniques for Oil Spills into Water
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Chapter 1 Environmental and Emergency Response Planning

Appendix 1-1: Federal Emergency Planning Requirements

Agency/Plan 

Required1 Regulation Media Affected Facilities Affected Requirements Deadlines

U.S. Environmental Protection Agency (EPA)

RCRA Preparedn

and Prevention and

Contingency Pla

40 CF

262.16(b)(8) 

and (9) 

40 CFR 262

Subpart

40 CF

279.52(b)

On-site and offsite air, water,

and soil

Large and small

quantity generators; 

owners and operators 

of hazardous waste 

treatment, storage, and 

disposal facilities; and 

facilities that process or 

re-refine used oil

Plan must minimize hazards

to human health and the 

environment due to explosions, 

fires, or unplanned releases 

of hazardous materials to air, 

surface waters, or soil

Due upon facility

startup; must be 

reviewed annually 

and updated 

upon facility or 

RCRA perm

modification

Spill Prevention

Control, and 

Countermeasure 

(SPCC) P

40 CFR 112.7 On-site an

off-site surface 

water

Petroleum storage

facilities that could 

reasonably be expected 

to discharge oil into 

navigable waters 

or shorelines with 

oil storage capacity 

exceeding certain 

thresholds

SPCC Plan must descri

discharge prevention structure, 

secondary containment, proper 

operation and maintenance, 

and personnel training

Must be updated

every 5 years or 

within 6 months of 

when significant 

facility changes 

occur

Stormwater

Pollution

Prevention Pla

(SW

40 CFR 122.26

Stormwater

permits

Stormwater

runoff

Applies to construction

projects disturbing land 

greater than 1 acre; 

Also pertains to certain

facilities associated 

with industrial activity, 

including bulk terminals 

with maintenance shops

Plan must describe

potential pollution sources 

that may come in contact 

with stormwater, good 

housekeeping measures, 

training, and response 

procedures; sampling and 

analysis may be required; map 

of drainage areas, erosion, 

storm sewers, and tank material 

handling required

Plan due according

to stormwater 

permit conditions

Facility Response

Plan (F

40 CF

112.20−112.21

On-site and

off-site surface 

water

Petroleum storage

facilities that transfer 

fuels over water to or 

from vessels and have a 

total oil storage capacity 

greater than or equal 

to 42,000 gallons 

have a total oil storage 

capacity greater than 

1 million gallons (with 

some exceptions)

FRP must describe how th

facility will respond to a spill, 

evaluate equipment and 

personnel available to respond 

to releases, and train response 

teams or contract for response 

services; it must estimate 

worst-case releases and include 

a history of releases

Must be updated

within 60 days of 

when significant 

facility changes 

occur

Clean Air Act Ri

Management Pla

(R

40 CFR Par

68.150

Potential

accidental 

releases into 

ambient air

Facilities that 

manufacture, process, 

use, store, or otherwise 

handle certain 

substances in amounts 

that exceed threshold 

quantities

Plan must include a list of

major hazards associated 

with the facility, summaries 

of off-site release scenarios, 

5-year significant accidental 

release history, summary of the 

facility’s emergency response 

program, a registration form, 

and certification that the plan is 

accurate and complete

Initial submission

was due by June 

21, 1999; must be 

updated every 5 

years or within 

6 months after 

process changes 

occur
1-28 Chapter 1 Environmental and Emergency Response Pla

Agency/Plan 

Required1 Regulation Media Affected Facilities Affected Requirements Deadlines

U.S. Coast Guard (USCG)

Facility Response

Pla

33 CF

154,Subpart 

Off-site water Marine transportatio

facilities that could 

cause substantial or 

significant harm to 

the environment by 

discharging oil into 

navigable waters of 

the U.S. or adjoining

shorelines

Similar to theE

requirements

Initial submittal

due when facility 

is designated as a 

substantial harm 

facility by the 

Captain of the Port

(COTP); plans mu

be reviewed every 

year; updates 

necessary within 

30 days when 

facility changes 

affect the plan

Occupational Safety and Health Administration (OSHA)

Hazardous waste

operations and 

emergency 

response plan

29 CF

1910.120

On-site

occupational 

exposure 

hazards

Hazardous waste

cleanup operations and 

emergency response 

operations for releases 

of hazardous substances

Employers must develop an

emergency response plan 

for employees that could be 

exposed to safety or health 

hazards

Must be

completed before 

an emergency 

response action

Process safety

standard and 

emergency action 

plan (E

29 CF

1910.119 

29 CF

1910.38(a)

On-site

occupational 

exposure 

hazards

Facilities that use 

certain toxic, reactive, 

flammable, or explosive 

chemicals

Employers must perform a

process hazard analysis for all 

covered processes and provide 

this information to employees; 

they also must establish 

and implement an AP th

outlines emergency evacuation 

procedures, emergency 

response actions, rescue and 

medical duties, emergency 

reporting procedures, and 

contact names

Initial requirement

was due to be 

completed by May

26, 1997; must be 

updated every 

5 years or upon 

process changes

Department of Interior Bureau of Safety and Environmental Enforcement (BSEE)

Oil Spill Respon

Plan (

30 CFR 254 Off-site water Offshore facilities th

explore, drill, produce, 

store, process, or 

transport oil

Plan must contain information

on oil spill trajectories 

and plans for protecting 

environmentally sensitive areas 

that could be affected; describe 

available response equipment 

inspection, testing, and 

maintenance procedures

Initial submission

was due by Feb 19, 

1993; plans must 

be reviewed every 

2 years; updates 

due within 15 days 

when changes at 

the facility affect 

the plan
Chapter 1 Environmental and Emergency Response Planning

Agency/Plan 

Required1 Regulation Media Affected Facilities Affected Requirements Deadlines

U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA)

Pipeline Respons

Pla

49 CFR 194 On-site an

off-site soil

Onshore oil pipelines

that could cause 

substantial or 

significant harm to 

the environment by 

discharging oil into 

navigable waters of 

the U.S. or adjoining

shorelines

Plan must address notification

procedures, spill detection 

and mitigation steps, response 

organization contact, response 

activities and resources, 

training procedures, equipment 

testing, and response team 

drills

Initial submission

was due by Feb 19, 

1993; plans must 

be reviewed every 

5 years; updates 

due within 30 days 

of when significant 

changes at the 

facility affect the 

plan

Basic Response

Plan and

Comprehensive 

Response Pl

49 CFR 130 Off-site air

water, and soil

Highway and railway

transportation (and 

associated loading and 

unloading) of petroleum 

and non-petroleum oil 

in bulk

Facilities offering for transport 

greater than (>) 3,500 

gallons of petroleum, and 

transporters must have a basic 

plan describing personnel, 

equipment, and spill responses; 

comprehensive response plan 

for transporting petroleum and 

non-petroleum oil >42,000 

gallons must contain additional 

information

Basic Plan must

be retained at 

facility offering 

to transport oil 

and transporter’s 

dispatch offices 

and modified 

when needed; 

Comprehensive 

Response

Plan must be

retained and 

submitted to the 

Federal Railroad

Administrator or

Federal Highway

Administrator as

appropriate

Hazardous Materia

Security Pl

49 CFR 172,

Subpart

Off-site air,

water, and soil

Each facility that

offers certain 

hazardous materials 

for transportation or 

transports in commerce

Take action to reduce

security risks by reviewing 

site conditions, loading and 

shipment procedures, and en 

route security

Initial development

was due by Sep

25, 2003. Revise

and update as 

necessary

1For releases of oil and non-radiological hazardous substances only. Emergency planning requirements of the Superfund Amendments and 

Reauthorization Act (SARA) are not included because they apply to local and state agencies, not individual facilities.
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Chapter 1 Environmental and Emergency Response Planning

Appendix 1-2: Certification for Facilities that Do Not Pose Substantial 

Harm1

Facility Name:

Address:

1. Does the facility transfer oil over water to or from vessels and does the facility have a total oil storage capacity

greater than or equal to 42,000 gallons? 

Yes  

2. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and does the facility

lack secondary containment that is sufficiently large to contain the capacity of the largest aboveground oil storage 

tank plus sufficient freeboard to allow for precipitation within any aboveground oil storage tank area?

Yes  

3. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the facility

located at a distance (calculated using the appropriate formula in Attachment C−III Appendix C, 40 CFR 112

comparable formula2) such that a discharge from the facility could cause injury to fish and wildlife and sensitive 

environments? For further description of fish and wildlife and sensitive environments, see Appendices I, II, 

to DOC/NOAA’s Guidance for Facility and Vessel Response Plans(Appendix E of 40 CFR Part 112 for avai

the applicable Area Contingency Pla

Yes  

4. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the facility

located at a distance (calculated using the appropriate formula (Attachment C−III, Appendix C, 40 CFR 112

comparable formula2) such that a discharge from the facility would shut down a public drinking water intake3?

Yes  

5. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and has the facility

experienced a reportable oil spill in an amount greater than or equal to 10,000 gallons within the last 5 years?

Yes  

Certification

I certify under penalty of law thatI have personally examined and am familiar with the information submitted in th

document, and that based on my inquiry of those individuals responsible for obtaining this information,  believe that th

submitted information is true, accurate, and complete.

Name (please type or print)  Signat

Title Da

1To be filed in the SPCC Plan or Integrated Contingency Plan (from 40 CFR 112 Appendix C, Attachment CII).

2If a comparable formula is used, documentation on the reliability and analytical soundness of the comparable formula

must be attached to this form.

3For the purposes of 40 CFR Part 112, public drinking water intakes are analogous to public water systems as

described in 40 CFR 143.2 (c).
1-32 Chapter 1 Environmental and Emergency Response Pla

Appendix 1-2: Certification for Facilities that Do Not Pose Substantial 

Harm (continued)

Substantial Harm Versus Significant and Substantial Harm

Substantial Harm Facility (Non-Transportation-Related Facility) (40 CFR 112.20)

Your facility is a Substantial Harm Facility if 

 Transfers oil over water and has total oil storage capacity of at least 42,000 gallons o

 Has total oil storage capacity of at least 1 million gallons and one of the following is true

• Your secondary containment systems are inadequate o

• You are close enough to fish and wildlife and sensitive environments to cause damage in a discharge o

• You are close enough to a public drinking water intake to cause a shut−down in a discharge o

• You had a reportable spill of at least 10,000 gallons in the past 5 year

As a Substantial Harm Facility, you should have prepared a Facility Response Plan by February 18, 1993, and been in 

compliance by August 18, 1993. Without this plan, your facility cannot store, handle, or transport oil.

Significant and Substantial Harm Facility (Non-Transportation-Related Facility) (40 CFR 112.20)

Your facility is a Significant and Substantial Harm Facility if it meets the above criteria for a Substantial Harm Fac

and PA decides you are also a Significant and Substantial Harm Facility after revi

 Age of oil storage tank

 Frequency of past spills at your facility

 Proximity to navigable water

 Other information, such as the impact a spill from your facility could have on public healt

As a pre-existing Significant and Substantial Harm facility, you should have submitted a Facility Response Plan to EPA 

by February 19, 1995, and officially satisfied EPA that your site has the personnel and equipment to address a worstcase discharge into navigable waters.

Substantial Harm Facility (Marine Transportation-Related Facility) (33 CFR 154)

Your facility is a substantial harm facility if you transfer oil over water in bulk to or from a

 Onshore facility capable of transferring oil to vessels with capacity of 250 barrels (10,500 gallons) or more and 

deepwater ports

 Mobile facilities capable of transferring oil to or from a vessel with capacity of 250 barrels or mor

  marine-transportation facility designated by the 

As a Substantial Harm Marine Transportation-Related Facility, you should submit your Response Plan to the COTP.

Significant and Substantial Harm Facility (Marine Transportation-Related Facility) (33 CFR 154)

The COTP may designate your facility as a Significant and Substantial Harm Marine Transportatio

Facility based on review of the:

 Type and quantity of oil handled in bul

 Facility spill history

 Facility age

 Proximity to water supply intake structure
Chapter 1 Environmental and Emergency Response Planning

 Proximity to fish and wildlife and sensitive environment

As a Significant and Substantial Harm Marine Facility, your Response Plan must be reviewed and approved by the 

COTP.

Significant and Substantial Harm Pipeline (49 CFR 194)

A pipeline section can be expected to cause a significant and substantial harm if the pipeline is greater than 6 inches

outer diameter and 10 miles long and the line section:

 Released more than 1,000 barrels in the past 5 years o

 Had two or more reportable releases in the past 5 years o

 Is made of electric-resistance welded pipe under specified stress levels o

 Is located within 5 miles of public drinking water intakes o

 Is located within 1 mile of environmentally sensitive area

Significant and substantial harm pipeline sections must submit separate statements with their Pipeline Response Plan for 

review and approval by DOT PHMSA.
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Chapter 1 Environmental and Emergency Response Planning

Appendix 1-3: Common Cleanup Techniques for Oil Spills into Water

Technique Description When to Use

Natural Recovery No action is taken. Natural proces

are allowed to reduce levels of 

contamination. Long-term monitoring is

typically performed to evaluate recovery.

When natural removal rates are fast, contamination 

is light when cleanup will do more harm than good.

Booming  floating, physical barrier placed on

the water to contain, divert, deflect, or 

exclude oil.

When preventing oil from contacting sensitive 

areas. Can be used to assist in removal of floating 

oil. Not typically used for gasoline spills because of

the threat of fire, explosion, or inhalation hazards.

Skimming Device is placed at the oil and wate

interface to recover (skim) oil from the 

water’s surface.

When sufficient oil is accessible. Not typically used

for gasoline spills because of the threat of fire, 

explosion, or inhalation hazards.

Barriers and Berms  physical barrier (other than a boom)

placed across an area to prevent oil from 

passing.

When oil threatens sensitive habitat and other 

barrier options are not feasible.

Physical Herding Using water jets, water or air hoses, an

propeller wash to dislodge trapped oil 

and divert to containment and recovery 

area.

Low current or stagnant water body to herd oil

toward recovery devices. High current to divert

floating current away from sensitive area.

Manual Oil Removal Remove surface oil using hands, rak

shovels, buckets, and scrappers and place 

in containers.

For stranded oil or heavy oils on water or 

submerged on the bottom that have formed solid 

masses that can be picked up manually.

Mechanical Oil Removal Oil and oiled sediments are collected 

removed using mechanical equipment, 

such as backhoes, graders, and 

bulldozers.

When large amount of oiled materials must be

removed.

Sorbents Sorbent materials are placed on floatin

oil or water surface, allowing it to absorb 

oil, or are used to wipe or dab stranded oil.

Oil is free floating close to shore or stranded

onshore. Selection of sorbent varies by oil type

VacuumA vacuum unit is attached via a suctio

head that recovers free oil.

Oil is pooled against a shoreline concentrating on

trenches or trapped in vegetation.

Debris Removal Manual or mechanical debris remov

from the shore or water surface.

Debris is heavily contaminated and provides

a potential source of secondary oil release; a 

visual problem; a source of contamination; other 

resources in the area (likely to clog skimmers); 

could cause safety problems to responders.

Sediment Reworking an

Tillin

Oiled sediments are tilled and disked

using mechanical equipment or manual 

tools.

On sand to gravel beaches with subsurface oil,

where sediment removal is not feasible. Sand

beaches when sediment is stained or lightly oiled.

Vegetation Cutting and

Remova

Oiled vegetation is cut and picked up and

bagged for disposal.

The risk of oiled vegetation contaminating wildlife

is greater than the value of the vegetation that is to 

be cut and there is no less destructive method that

removes or reduces the risk to acceptable levels.

Flooding  perforated pipe or hose placed above

the oil shore or bank through which 

water is pumped and allowed to flow 

down slope to the water’s edge where 

any oil released is trapped by booms 

and recovered by skimmers or other

equipment.

Heavily oil areas where the oil is still fluid and

adheres loosely to the ground and where oil has 

penetrated into gravel sediments.
1-36 Chapter 1 Environmental and Emergency Response Pla

Technique Description When to Use

Low and High Pressu

Ambient and Hot Wate

Flushing

Water is sprayed at low and high pressures 

from handheld hoses to lift oil from the 

ground and float it to the water’s edges 

for recovery. Can use hot water to increase 

effectiveness.

When oil is stranded onshore or floating in 

shallow intertidal areas.

Steam Cleaning Steam or very hot water sprayed wit

handheld wands at high pressure to remove 

oil from solid surfaces or artificial structures.

Heavy oil residue must be removed for aestheti

reasons, when hot water flushing is not 

effective, and no living resources are present.

Sand Blasting Use of sand blasting equipment to remov

heavy residual oil from solid surfaces or manmade structures.

Heavy oil residue must be cleaned for aestheti

reasons, and when steam cleaning is not 

effective.

Dispersant Specially formulated products sprayed on oil t

chemically disperse (break into small particles) 

the oil into the water column.

To reduce the impact to sensitive shoreline

habitats and animals that use the water surface.

Emulsion-treating Agents Surfactants that are applied to break 

emulsified oil into separate oil and water

phases. Can be injected into skimmer 

reservoir to break the emulsion as it is 

skimmed from the water.

Where storage capacities are very limited; to 

separate the recovered emulsified oil and water 

so that the water can be treated and discharged.

Elasticity Modifier A chemical applied onto the oil that turns t

oil semisolid but still fluid, thereby increasing 

skimming rates.

When skimming efficiency is low. Must be used

with booming or other physical containment.

Herding Agents Insoluble chemicals used to collect oil in

smaller areas to increase recovery.

Used to push slicks out from under docks 

and piers where it has become trapped. For 

protection in low current areas; used to push 

slicks away from sensitive resources, such as 

wetlands.

Solidifiers Chemicals applied to oil that solidify the oil. Used to immobilize the oil or prevent refloating

from the shoreline, penetration into the ground, 

or further spreading.

Shoreline Cleaning Agents Chemicals applied to the shoreline to softe

or lift weathered or heavy oils to enhance

flushing.

When oil has weathered to the point where 

it cannot be removed using ambient water 

temperatures and low pressures.

Biostimulation (Nutrient

Enrichment

The addition of nutrients to accelerate th

natural rate of oil hydrocarbon degradation.

Any shoreline habitat where access is allowed

and nutrients are deficient.

Bioaugmentation (Microbe

Seeding

The addition of specific hydrocarbondegrading microbes to accelerate the

microbial decay of oil.

When there are few naturally occurring 

hydrocarbon-degrading microbes or those 

present cannot degrade oil effectively.

In situ Burning Oil floating on the water surface is collecte

into slicks and ignited in calm weather

conditions. On land, oil can be burned when i

is on vegetation, logs, and other combustible

debris.

On floating slicks. On land where there is heav

oil neither amenable nor accessible to physical 

removal and oil must be removed quickly. In

wetland and mud habitats.

Source: Adapted from Characteristics of Response Strategies: A Guide for Spill Response Planning in Marine Environments

American Petroleum Institute, National Oceanic and Atmospheric Administration, U.S. Coast Guard, U.S. EP