Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules 3177

identifying the purchaser or consumer,

and containing no references whatever

to the characteristics of the product.

(d) Customs bonded warehouses.

Imported malt beverages held in a

Customs bonded warehouse may be

relabeled without notice to ATF, as long

as such relabeling is done under the

supervision of Customs officers, in

compliance with all applicable Customs

requirements, and the effect of the

relabeling is not to remove from the

container or label any product

identification code placed on the

container or label by the producer for

tracing purposes. As provided in § 7.31,

no imported malt beverages in

containers shall be released from

Customs custody for consumption

without a certificate of label approval.

(e) Foreign trade zones. (1) Domestic

malt beverages which have been

withdrawn without payment of tax for

deposit in a foreign trade zone pending

exportation may be relabeled without

notice to ATF as long as such relabeling

is done under the supervision of

Customs officers, in compliance with all

applicable Customs requirements, and

the effect of the relabeling is not to

remove from the container or label any

markings required by Part 25 of this

chapter or any product identification

code placed on the container or label by

the producer for tracing purposes.

(2) Imported malt beverages which

have been entered into a foreign trade

zone may be relabeled without notice to

ATF, as long as such relabeling is done

under Customs supervision and in

compliance with Customs requirements,

and the effect of such relabeling is not

to remove from the label or container

any product identification code placed

on the label or container by the

producer for tracing purposes. As

provided in § 7.31, no imported malt

beverages in containers shall be released

from Customs custody for consumption

without a certificate of label approval.

Par. 9. Section 7.60 is revised to read

as follows:

§ 7.60 Exports.

With the exception of the regulations

at § 7.20(c), (d) and (e), the regulations

in this part shall not apply to malt

beverages exported in bond.

Signed: January 10, 1995.

Daniel R. Black,

Acting Director.

[FR Doc. 95–997 Filed 1–11–95; 1:43 pm]

BILLING CODE 4810–31–U

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 254

RIN 1010–AB81

Response Plans for Facilities Seaward

of the Coast Line

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule to

implement the Oil Pollution Act of 1990

(OPA) would establish requirements for

spill-response plans for oil handling

facilities seaward of the coast line,

including associated pipelines. The

proposed rule provides guidance to

owners and operators for preparing and

submitting these spill-response plans.

DATES: Comments must be received or

postmarked by March 14, 1995.

ADDRESSES: All comments concerning

this proposed rule should be mailed or

hand-carried to the Minerals

Management Service, Mail Stop 4700;

381 Elden Street; Herndon, Virginia

22070–4817, Attention: Chief,

Engineering and Standards Branch.

FOR FURTHER INFORMATION CONTACT:

John V. Mirabella or Lawrence Ake,

Engineering and Standards Branch,

telephone (703) 787–1600.

SUPPLEMENTARY INFORMATION: In August

1990, Congress passed the OPA

containing various provisions to

strengthen oil-spill prevention efforts

and oil-spill response capability. The

OPA included amendments to section

311 of the Federal Water Pollution

Control Act (FWPCA). The President

signed Executive Order (E.O.) 12777 on

October 18, 1991 (56 FR 54757), to

implement these new authorities.

Section 2(b)(3) of E.O. 12777 delegated

to the Secretary of the Interior

(Secretary) those responsibilities under

section 311(j)(1)(C) of the FWPCA,

requiring the Secretary to establish

procedures, methods, and requirements

for equipment to prevent and contain

discharges of oil and hazardous

substances from offshore facilities,

including associated pipelines. Under

section 2(d)(3) of E.O. 12777, section

311(j)(5) of FWPCA, and section

4202(b)(4) of OPA, the Secretary is

required to issue regulations requiring

the owners or operators of offshore

facilities, including associated

pipelines, to prepare and submit

response plans that ensure the

availability of private spill-response

personnel and equipment and to permit

the operation of offshore facilities,

including associated pipelines, without

approved response plans if certain

conditions are met. Under section

2(e)(3) of E.O. 12777 and section

311(j)(6)(A) of FWPCA, the Secretary

must require periodic inspections of

containment booms and equipment

used to remove discharges at offshore

facilities, including associated

pipelines. The Secretary has redelegated

these responsibilities to the Director,

MMS.

Under OPA and E.O. 12777, MMS is

to administer these new requirements

for all ‘‘offshore’’ facilities in, on, or

under coastal waters of the territorial

sea, rivers, lakes, and other navigable

waters within the States and Territories

of the United States or otherwise subject

to U.S. jurisdiction including State

submerged lands. The 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). Accordingly, this

proposed rule addresses only facilities

seaward of the coast line.

The MMS believes that adequate spillprevention regulations meeting the

requirements of OPA currently exist for

facilities in the Outer Continental Shelf

(OCS) at 30 CFR part 250. In addition,

all States with facilities seaward of the

coast line have existing programs to

prevent spills. For these reasons, MMS

does not propose regulations to

implement the spill-prevention

requirements of section 311(j)(1)(c) of

the FWPCA at this time. The proposed

rule requires that plan submitters

provide information on the prevention

methods they must utilize during

operations in State waters.

The MMS will work with States on

compatible spill-prevention rules for

facilities in State waters seaward of the

coast line. The MMS has executed a

Memorandum of Understanding (MOU)

with the State of Texas General Land

Office and is discussing MOU’s with the

States of Alaska, California, and

Louisiana. Further coordination is

planned with States to ensure that

regulations are compatible. Commenters

are urged to provide comments on the

types of prevention rules that should be

required.

During the preparation of this notice

of proposed rulemaking, MMS

participated with three other Federal

agencies in the drafting of the National

Preparedness for Response Exercise

Program (PREP). The agencies (U.S.

Coast Guard, Environmental Protection

Agency, Research and Special Projects
3178 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules

Administration, and MMS) worked with

States and private industry to develop

guidelines for spill-response exercises

that would meet the requirements of

OPA. The drill requirements set forth in

this document parallel the PREP

guidelines. The MMS has determined

that the proposed requirements for

tabletop drills for the spill management

team satisfy the purpose and goal of the

act’s requirement that the response plan

describe the periodic unannounced

drills to be carried out under the plan.

The tabletop exercises will drill owner

or operator personnel who make

decisions and organize the response to

a spill. These personnel must be drilled

using a spill scenario that is

unannounced prior to the drill. The

MMS will also periodically initiate

unannounced drills to test the

preparedness of owners and operators.

The MMS published an advance

notice of proposed rulemaking (ANPR)

in the Federal Register on August 12,

1992 (57 FR 36032), soliciting

comments through September 28, 1992.

In the ANPR, MMS presented four

optional methods for developing these

new rules and solicited comments on

the four options. The MMS received 48

comments from various individual

companies and trade associations

within the offshore petroleum industry,

support contractors, State and local

governments, and Federal agencies.

The MMS developed this proposed

rule taking into account the comments

received on the ANPR and the

experience gained in developing and

implementing the interim final rule at

30 CFR part 254. The interim final rule,

covering only the spill-response portion

of MMS’s new authorities, and only

facilities located in the OCS or in the

territorial sea, was published in the

Federal Register on February 8, 1993.

The MMS is interested in receiving

comments from all interested parties

and especially those who have

experience in developing spill-response

plans in response to the interim final

rule.

The MMS plans no public hearing at

this time. Persons wishing to request a

public hearing should make a request by

writing to MMS at the address provided

above. If a public hearing will aid in the

development of a final rule, the date and

time of the public hearing will be

announced in the Federal Register.

Author: This document was prepared

by Lawrence Ake, Engineering and

Technology Division, MMS.

E.O. 12866

This proposed rule was reviewed

under E.O. 12866. The proposed rule

was determined to not be a significant

rule under the criteria of E.O. 12866.

Regulatory Flexibility Act

The Department of the Interior (DOI)

has determined that this proposed rule

will not have a significant effect on a

substantial number of small entities. In

general, the entities that engage in

offshore oil and gas activities are not

considered small due to the technical

and financial resources and experience

necessary to safely conduct such

activities.

Paperwork Reduction Act

The collection of information

contained in this proposed rule has

been approved by to the Office of

Management and Budget (OMB) as

required by 44 U.S.C. 3501 et seq. The

collection of this information has been

assigned OMB clearance number 1010–

0091.

Public reporting burden for this

collection of information is estimated to

average 106.5 hours per response,

including time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Send comments regarding this burden

estimate or any other aspect of this

collection of information, including

suggestions for reducing the burden, to

the Information Collection Clearance

Officer; Minerals Management Service;

Mail Stop 2053; 381 Elden Street;

Herndon, Virginia 22070–4817 and the

Office of Management and Budget;

Paperwork Reduction Project (1010–

0091); Washington, DC 20503.

Takings Implication Assessment

The DOI certifies that the proposed

rule does not represent a governmental

action capable of interference with

constitutionally protected property

rights. Thus, a Takings Implication

Assessment need not be prepared

pursuant to E.O. 12630.

E.O. 12778

The DOI has certified to OMB that

these proposed regulations meet the

applicable standards provided in

sections 2(a) and 2(b)(2) of E.O. 12778.

National Environmental Policy Act

The DOI has determined that this

action does not constitute a major

Federal action affecting the quality of

the human environment; therefore,

preparation of an Environmental Impact

Statement is not required.

List of Subjects in 30 CFR Part 254

Continental shelf, Environmental

protection, Oil and gas development

and production, Oil and gas exploration,

Oil pollution, Pipelines.

Dated: November 1, 1994.

Bob Armstrong,

Assistant Secretary, Land and Minerals

Management.

For the reasons set forth in the

preamble, 30 CFR part 254 is proposed

to be revised as follows:

PART 254—RESPONSE PLANS FOR

FACILITIES LOCATED SEAWARD OF

THE COAST LINE

Sec.

254.0 Authority for information collection.

254.1 Purpose and implementation.

254.2 Definitions.

254.3 General requirements.

254.4 Submission of information.

254.5 Response plans for Outer Continental

Shelf (OCS) facilities.

254.6 Worst case discharge.

254.7 Determining response equipment

capacities.

254.8 Training.

254.9 Drills.

254.10 Maintenance and periodic

inspection of equipment.

254.11 Equipment performance testing.

254.12 Notification requirements.

254.13 Plan revision and resubmission.

254.14 Response plans for facilities in State

waters located seaward of the coast line.

254.15 Approval of plans.

Authority: 33 U.S.C. 1321.

§ 254.0 Authority for information

collection.

The information collection

requirements in 30 CFR part 254 have

been approved by the Office of

Management and Budget under 44

U.S.C. 3501 et seq. and assigned

clearance number 1010–0091. The

information is being collected to inform

the Minerals Management Service

(MMS) of owner, operator, and lessee

preparations for response to potential

pollution of the offshore environment.

The requirement to respond is

mandatory. The public reporting burden

for this collection of information is

estimated to average 106.5 hours per

response, including time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Send comments regarding the burdens

indicated for a specific information

collection or any other aspect of the

collection of information pursuant to

the provisions of this part, including

suggestions for reducing the burden, to

the Information Collection Clearance

Officer; Minerals Management Service;
Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules 3179

Mail Stop 2053; 381 Elden Street;

Herndon, Virginia 22070–4817 and the

Office of Management and Budget;

Paperwork Reduction Project (1010–

0091); Washington, DC 20503.

§ 254.1 Purpose and implementation.

(a) With this part, MMS establishes

requirements for spill-response plans for

facilities located seaward of the coast

line, including those facilities in State

water located seaward of the coast line.

Each owner or operator of a facility

located seaward of the coast line must

have a spill-response plan that covers

each facility.

(b) The provisions of the plan must be

carried out whenever there is a release

of oil or a hazardous substance into

waters adjacent to the facility. If there is

a spill, a designated qualified individual

must immediately initiate actions

described under the plan.

(c) No facility located seaward of the

coast line may be used to handle, store,

or transport oil unless a response plan

has been submitted and approved, and

the facility is being operated in

compliance with the plan. Owners and

operators of abandoned facilities must

maintain a current response plan until

the facility is physically removed or

dismantled and the Regional Supervisor

provides written notice that a response

plan is no longer required.

(d) Notwithstanding the provisions of

paragraph (c) of this section, a facility

may continue to be used to handle,

store, or transport oil for 2 years after

the date of submission of a response

plan, pending approval of the plan. In

order to continue to operate a facility

without an approved plan, the facility

owner or operator must certify in

writing to the Regional Supervisor that

he has ensured by contract the

availability of private personnel and

equipment necessary to respond, to the

maximum extent practicable, to a worst

case discharge. A copy of the contract(s)

must accompany the certification.

(e) Owners or operators with spillresponse plans currently approved by

MMS must submit the information to

comply with this part when submitting

the first required annual update after

[the effective date of the final rule]. The

Regional Supervisor may extend this

deadline up to 90 days upon request.

(f) Nothing in this section shall relieve

the owner or operator from taking all

appropriate actions necessary to

immediately abate, contain, and remove

any oil or hazardous substance spill.

§ 254.2 Definitions.

For the purposes of this part:

Adverse weather conditions means

weather conditions 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.

Area Contingency Plan means the

Area Contingency Plan prepared and

published under section 311(j) of the

Federal Water Pollution Control Act

(FWPCA), as amended by the Oil

Pollution Act of 1990 (OPA).

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.

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 deepwater 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.

Hazardous substance means any

substance designated pursuant to

section 1321(b)(2)(A) of the FWPCA as

amended and listed at 40 CFR 116.4.

Maximum extent practicable means

the limits of available technology, as

well as the practical limits of personnel,

to respond to a worst case discharge in

adverse weather.

Mobile Offshore Drilling Unit (MODU)

means a vessel capable of engaging in

drilling operations for the exploration or

exploitation of subsea resources of oil,

gas, or minerals. An MODU is classified

as a facility when engaged in drilling or

downhole operations.

National Contingency Plan means the

National Oil and Hazardous Substances

Pollution Contingency Plan prepared

and published under section 311(d) of

the FWPCA, as amended by OPA, (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).

Oil means hydrocarbons produced at

the wellhead in liquid form (includes

distillates or condensate associated with

produced natural gas), as well as 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.

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 the

individual, partnership, firm, or

corporation having ownership, control,

or management of operations on the

leased or permitted area where the

facility is located or the holder of a

pipeline right-of-way or a right of use

and easement granted under applicable

State law or the OCS Lands Act, as

amended, for the area in which the

facility is located.

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

deepwater 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 a person

identified in the response plan who has

the responsibility and authority to

initiate spill cleanup operations,

obligate funds to carry out response

activities, and act as liaison with the

predesignated Federal On-Scene

Coordinator. The qualified individual is

a member of the spill management team.

Regional Supervisor means the MMS

officer with responsibility and authority

for operations or other designated

program functions within an MMS

Region.

Spill management team means the

persons identified in a response plan

who staff the organizational structure to

manage spill response implementation.

Spill response operating team means

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 for the coast of Texas and the

Gulf coast of Florida, where the State

waters extend seaward a distance of 3

leagues). Exceptions to this definition

may be negotiated between Federal

agencies for the purpose of efficient use

of Federal regulatory resources. Affected

owners or operators will be notified in

writing of any such exceptions.

§ 254.3 General requirements.

(a) When compliance by an owner or

operator is required, such compliance
3180 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules

may be achieved by a facility owner, a

Federal or State lessee or permittee, by

an operator on behalf of a lessee or

permittee, by a pipeline right-of-way

holder, or by a holder of a right of use

and easement.

(b) An owner or operator submitting

a response plan under this part must

develop a plan that is consistent with

the National Contingency Plan and the

appropriate Area Contingency Plan(s).

Information contained in either the

national plan or the appropriate area

plan may be referenced for inclusion in

the response plan.

(c) The response plan may be for a

single lease or facility, or for a group or

groups of leases or facilities of an owner

or operator, including affiliates which

are located in the same Region (Regional

Response Plan). The plan shall cover

MODU’s engaged in drilling and other

downhole activities on an included

lease.

(1) Regional response plans must

contain all the elements required of a

response plan written for a facility as

described in § 254.5 or § 254.14 of this

part.

(2) Regional response plans may

group facilities or pipelines for the

purpose of calculating response times,

quantities of response equipment, and

developing worst case spill scenarios, as

approved by the Regional Supervisor.

(3) Additional requirements for

regional response plans may be

specified by the Regional Supervisor.

(d) The plan must provide for

response to an oil spill and a spill of

other hazardous substances present at

the facility.

(e) Owners or operators of pipeline

facilities located seaward of the coast

line which transport oil or transport

condensate that has been separated from

a gas prior to injection into a pipeline

must prepare spill-response plans in

accordance with this part.

(1) The plan shall conform to the

provisions of § 254.5 of this part for

pipelines located in the OCS and

§ 254.14 for pipelines located in State

waters.

(2) Reserved.

(f) The contents required for each

section and subsection of the plan are

set forth in 30 CFR 254.5 and 254.14, as

appropriate.

(g) Owners or operators of facilities

submitting response plans to MMS for

approval must submit the number of

copies of the plan required by the

regional office to the appropriate

address provided in § 254.4.

§ 254.4 Submitting information.

Information submitted under this

section should be sent to the

appropriate MMS regional office at the

address in this section:

(a) Send documentation 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 documentation 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 documentation for facilities

in the Pacific Ocean (except seaward of

the coast line of Alaska) to: Minerals

Management Service, Regional

Supervisor, Field Operations, Pacific

OCS Region, 770 Paseo Camarillo,

Camarillo, CA 93010–6064.

§ 254.5 Response plans for Outer

Continental Shelf (OCS) facilities.

Owners or operators of OCS facilities

must develop, submit, and maintain a

spill-response plan that demonstrates an

ability to respond quickly and

effectively whenever oil or hazardous

substances are discharged as a result of

their activities. The response plan must

be prepared in accordance with the

following:

(a) A response plan must be divided

into the sections listed in this

paragraph. It must also have some easily

found marker identifying each section

listed in this paragraph. Alternative

formats and contents are allowed if the

owner or operator can demonstrate to

the Regional Supervisor that they

provide for equal or greater levels of

preparedness.

(1) Introduction and plan contents.

(2) Emergency response action plan.

(3) Spill scenarios.

(4) Training and drills.

(5) Plan review and update

procedures.

(6) Appendices:

(i) Equipment inventories.

(ii) Contractual agreements.

(iii) Dispersant use plan.

(iv) In situ burning plan.

(b) For both initial and subsequent

submissions, a response plan that does

not follow the format specified in

paragraph (a) of this section must be

supplemented with a cross-reference

table to identify the location of the

applicable sections.

(c) (1) The introduction and plan

contents section must provide:

(i) A map showing the location of

each facility covered by the plan and a

description of each facility;

(ii) A table of contents;

(iii) A record of changes to record

information on plan updates; and

(iv) A cross-reference table, if needed.

(2) The emergency response action

plan section must include:

(i) Designation, by name or position,

of a trained spill management team

available on a 24-hour basis. The team

must include, as a minimum, a trained

qualified individual and alternate who

is charged with the responsibility and is

delegated authority for directing and

coordinating response operations. A

description of the responsibilities and

authorities of each member of the spill

management team shall be set forth with

specificity.

(ii) Designation, by name or position,

of a spill response operating team

comprised of trained personnel

available on a 24-hour basis and able to

respond within a reasonable minimum

specified time.

(iii) A planned location for a spill

response operations center and

provisions for primary and alternate

communications systems for directing

the coordinated overall response

operations. Telephone and facsimile

numbers should be provided and, if

appropriate, the primary and secondary

radio frequencies that will be used.

(iv) Procedures for the early detection

of a spill and a discussion of prioritized

procedures that facility personnel must

use to mitigate or prevent a discharge or

threat of a discharge of oil or a

hazardous substance including

emergency situations such as an

explosion or fire.

(v) Notification procedures, including

a current list of names, telephone

numbers (including facsimile numbers

if applicable), and addresses of the

following: the qualified individual and

alternate who are to receive notification

of a spill; other spill response

management team members; the OSRO’s

that the plan cites; the Federal, State,

and local regulatory agencies that

should be consulted to obtain site

specific environmental information; and

the Federal, State, and local regulatory

agencies that are to be notified when a

spill of oil or a hazardous substance

occurs or is discovered. Response

personnel; appropriate Federal, State,

and local officials; and the Regional

Supervisor must be notified of spills

within the timeframes specified in

§ 254.12 of this part. The plan must

provide for the use of the oil spill/

hazardous substance reporting forms

included in the Area Contingency Plan.

(vi) Identification of response

equipment, personnel, materials,

support vessels, and procedures the

operator will employ in response to any

type of oil discharge, including
Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules 3181

continuous oil discharges (including a

worst case scenario as defined in 30

CFR 254.6), and spills of short duration

and limited maximum volume (e.g.,

tank overflows, hose failures). The plan

must identify the location of all

response equipment as well as the

amount of time required to respond to

a spill at the facility. Response

equipment, vessels, and strategies

identified in the plan must be suitable,

within the limits of current technology,

for the range of environmental

conditions anticipated during operation

of the facility, and identified personnel

must be capable of operating response

equipment.

(A) Owners and operators must utilize

standardized, defined terms when

describing the capabilities of response

equipment and the environmental

conditions anticipated. An example of

acceptable terms would be those

defined in American Society for Testing

of Materials (ASTM) publication F 625,

‘‘Standard Practice for Describing

Environmental Conditions Relevant to

Spill Control Systems for Use on

Water,’’ and ASTM F 818, ‘‘Standard

Definitions of Terms Relating to Spill

Response Barriers.’’

(B) The total distance of the facility

from the response equipment storage

area must be used to compute response

times, as well as the time to secure

auxiliary equipment such as workboats.

(C) The effective daily recovery

capacity of the equipment identified in

the plan must be computed and

identified and be sufficient to respond

to the worst case spill scenario to the

maximum extent practicable. Effective

daily recovery capacities shall be

computed using the methods described

in § 254.7 of this part.

(D) Vessels or vessel types used to

deploy response equipment must be

capable of operating and safely

deploying equipment in the

environmental conditions in which the

equipment will be used.

(vii) Provisions for storage, transfer,

and disposal of recovered oil, oil

contaminated material, and other

hazardous wastes.

(viii) A listing of the types and

characteristics of the oil and hazardous

substances produced, handled, or stored

at the facility.

(3) The spill scenarios section must

include:

(i) Oil-spill trajectory analyses that are

specific to the area of operations shall

be referenced and summarized. Owners

and operators must, as a minimum, use

a trajectory analysis to determine the

maximum distance from the facility that

oil could move in 48 hours, based on a

worst case discharge and credible

adverse winds and currents over a range

of seasons and weather conditions.

Facilities located in OCS areas for

which MMS prepared a lease sale

Environmental Impact Statement (EIS)

may, upon approval of the Regional

Supervisor, reference and summarize

the 3-day conditional probabilities for a

hypothetical spill site in the EIS.

(ii) Provisions for monitoring and

predicting spill movement.

(iii) A listing of areas of special

economic or environmental importance

potentially impacted by a spill and

strategies to be used for their protection.

As a minimum, the list must include

those areas of special economic and

environmental importance listed in the

appropriate Area Contingency Plan.

(A) A plan for protecting and

minimizing the risk and damage to fish

and wildlife resources that may be

jeopardized by a spill. The plan shall

include maps depicting protection

strategies for areas identified as having

special economic or environmental

importance.

(B) Reserved.

(4) The training and drills section

must include:

(i) Training requirements for

personnel in accordance with § 254.8 of

this part.

(A) The response plan must identify

the training provided to each individual

having responsibility under the plan.

The plan must designate a location

where course completion certificates or

attendance records for this training will

be kept. All training certificates and

attendance records must be made

available to any authorized MMS

representative upon request.

(B) Reserved.

(ii) Requirements for drills in

accordance with § 254.9 of this part.

(5) The plan review and update

procedures section must include the

policies the lessee or operator will use

to meet the requirements of § 254.13 of

this part.

(6) Appendices must include:

(i) Equipment inventories.

(A) An inventory of spill-response

equipment, materials, and supplies

which are available locally and

regionally.

(B) Provisions for the inspection and

maintenance of spill-response

equipment in accordance with § 254.10

of this part.

(ii) Contractual agreements.

(A) A copy of any written contractual

agreements with any OSRO’s or spill

management team members not

employees of the operator that are cited

in the plan. The agreements must

identify and include provisions for

ensuring the availability of specified

personnel and equipment within the

response times specified under

§ 254.5(c)(2)(vi).

(B) Proof of active membership in any

oil spill removal cooperative that is

identified in the plan. If not provided

elsewhere in the plan, this section must

also provide documentation showing

the personnel, equipment, response

times, and services provided by the

cooperative.

(iii) Dispersant use plan. A dispersant

use plan including an inventory and a

location of the dispersants which might

be proposed for use, a summary of

toxicity data for each dispersant, a

description of the types of oil on which

each dispersant is effective, a

description and location of application

equipment, application procedures, and

an outline of the procedures owners and

operators must follow in obtaining

approval for dispersant use. The

dispersant use plan must be consistent

with the dispersant use schedule of the

National Contingency Plan and the

appropriate Area Contingency Plan.

(iv) In situ burning plan. Provisions

for ignition of an oil spill and the

guidelines for making the decision to

ignite. Guidelines must consider

circumstances in which in situ burning

may be appropriate, safety of personnel

and property, well control, availability

of fire retardant boom, and

environmental effects. The plan must

identify an operator’s representative

who has the authority to authorize

ignition.

(v) Other information identified by

the Regional Supervisor as needed or

necessary for review and compliance.

§ 254.6 Worst case discharge.

The plan must contain a detailed

scenario of a worst case discharge from

the facility in adverse weather

conditions, including a discharge

resulting from a fire or explosion. The

calculations used and the assumptions

made in determining the worst case

discharge must be included in the plan.

A spill-response plan must describe and

quantify a worst case discharge as

follows:

(a) For an oil production platform

facility, the plan will describe the worst

case discharge as a summation of the

following.

(1) The maximum capacity of all oil

storage tanks and flow lines on the

facility.

(2) The volume of oil calculated to

leak from oil pipelines connected to the

facility considering shutdown response

time and the effect of hydrostatic

pressure.

(3) The amount of oil possible from an

uncontrolled blowout of the highest
3182 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules

capacity well on the platform for a

period of 30 days. The calculation of the

discharge volume must include an

analysis of reservoir characteristics,

casing/production tubing sizes, and

historical production and reservoir

pressure data.

(b) For exploratory drilling

operations, the response plan must

describe the worst case discharge as

follows:

(1) The amount of oil possible from an

uncontrolled blowout over a period of

30 days. The calculation of the

discharge volume must include any

known reservoir characteristics. If

reservoir characteristics are unknown,

the plan must use analog reservoirs from

the area and give an explanation for the

selection of the reservoir(s) used.

(2) Reserved.

(c) For a pipeline facility, the

response plan must describe the worst

case discharge as follows:

(1) The volume of oil equal to the

pipeline system release detection time

in hours, plus the shutdown response

time in hours (may be based on an

automatic shutdown system), multiplied

by the highest hourly oil flow rate over

the preceding 12-month period, plus the

total volume of oil contained within the

largest segregated segment of the pipe,

as identified for a particular area.

(2) Reserved.

(d) For paragraph (a), (b), and (c) of

this section, the plan must take into

account and address adverse weather

conditions for the operating area,

including wave heights, currents, and

weather-related visibility, as well as ice

and temperature-related problems,

when appropriate. The plan must cite

mechanical equipment in the response

inventory only when the equipment is

effective in the adverse weather

conditions described.

(e) For paragraph (a), (b), and (c) of

this section, owners or operators may

provide estimates of a worst case

discharge by a group of facilities in the

same geographic area, provided the

example submitted represents the worst

case scenario for that area.

(f) Owners or operators of facilities

proposing to store, handle, transfer,

process or transport oil not falling into

the categories listed in paragraphs (a),

(b), or (c) of this section must contact

the Regional Supervisor for instructions

on the calculation of a worst case

discharge.

§ 254.7 Determining response equipment

capacities.

(a) The plan must identify the

calculated effective daily recovery

capacity for the oil recovery devices

listed. The effective daily recovery

capacity must be calculated using 20

percent of the manufacturer’s rated

throughout capacity over a 24-hour

period. This 20 percent efficiency factor

will take into account limitations of the

recovery operations due to available

daylight, sea state, temperature,

viscosity, and emulsification of the oil

being recovered.

(b) Owners or operators wishing to

use a different efficiency factor for

specific oil recovery devices must

submit evidence to substantiate another

efficiency factor. Adequate evidence

includes verified performance data

measured during actual spills or test

data gathered according to the

provisions of § 254.11 (b) and (c) of this

part.

§ 254.8 Training.

(a) The owner or operator must ensure

that the spill response operating team is

provided with hands-on training classes

at least annually in the deployment and

operation of the pollution control

equipment to which it is assigned.

Members of the spill response operating

team and all private response personnel

must be trained to meet the

Occupational Safety and Health

Administration’s standards for

emergency response operations in 29

CFR 1910.120. Those members of the

spill response operating team

responsible for supervising the team

shall be trained annually in directing

the deployment and use of response

equipment.

(b) The owner or operator must ensure

that the spill response management

team, including the qualified individual

identified in the plan, is trained

annually about the location, intended

use, deployment strategies, and the

operational and logistical requirements

of available response equipment, spill

reporting procedures, oil-spill trajectory

analysis, predicting spill movement,

and other responsibilities they may have

for the facilities under their jurisdiction.

§ 254.9 Drills.

(a) Each owner or operator must

exercise the entire response plan at least

once every 3 years. This requirement

may be satisfied by separate exercises

for segments of the plan; it is not

necessary to exercise the full plan at one

time. The drills must simulate

conditions in the area of operations,

including seasonal weather variations,

to the extent practicable.

(1) The MMS will recognize and give

credit for any drills conducted under

this section that satisfy some component

of the required triennial exercise,

whether initiated by the owner or

operator or a government regulatory

agency.

(2) The drills should cover a range of

exercise scenarios over the 3-year period

simulating response to small spills,

average spills, and the worst case spill

scenario.

(b) The plan must provide, as a

minimum, for the following types of

drills:

(1) An annual unannounced spill

management team tabletop exercise. The

exercise must test the spill management

team’s organization, communication,

and decisionmaking in managing a

response to a spill scenario that is not

revealed to team members prior to

commencement of the exercise.

(2) A semiannual equipment

deployment drill for each facility

required by the Regional Supervisor to

maintain response equipment at the

facility. Each type of equipment

maintained at the facility must be

deployed at least once each year. Each

type need not be deployed at each drill.

(3) An annual notification drill for

each facility that is manned on a 24-

hour basis. The exercise will test

communications between facility

personnel and the qualified individual

as well as the ability to communicate

pertinent information in a timely

manner.

(c) Each owner or operator must

ensure that the response equipment

identified in the plan is exercised in

annual deployment drills. Each type of

equipment must be exercised during

each triennial period. It is not necessary

to deploy each piece of equipment.

Certification that applicable OSRO’s and

oil spill removal cooperatives have

deployed each type of equipment must

be maintained at a location designated

in the plan. A response to an actual spill

may be substituted for a deployment

exercise.

(d) The plan (and the yearly update)

must provide a time schedule for drills

with a list of any equipment to be

deployed. The schedule shall provide

sufficient advance notice to allow MMS

personnel to witness any of the

scheduled drills. Drill conditions,

results, and the names of participants in

the drill shall be recorded and the

records maintained for 3 years at a site

designated in the plan and made

available to MMS personnel.

(e) The Regional Supervisor may

require an increase in the frequency or

a change in the location of the drills,

equipment to be deployed,or

deployment procedures and strategies.

The Regional Supervisor may evaluate

the results of drills and advise the lessee

or operator of any needed changes in
Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules 3183

response equipment, procedures, or

strategies.

(f) The Regional Supervisor will

periodically initiate unannounced drills

to test the spill response prepardeness

of owners and operators.

§ 254.10 Maintenance and periodic

inspection of equipment.

(a) The spill-response equipment

listed in the plan must be inspected and

maintained, as necessary, to ensure

optimal performance.

(b) The plan must provide for

inspecting response equipment

included in the plan. Inspections must

be made at least monthly, and records

of the inspections must be maintained

for at least 2 years at a site specified in

the plan.

§ 254.11 Equipment performance testing.

(a) The MMS may require testing of

any spill removal equipment listed in

the response plan to ensure that the

equipment meets the performance

standards stated in the plan. The

Regional Supervisor may require testing

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 the

Regional Supervisor.

(b) Testing of booms must be

conducted in accordance with test

criteria approved by MMS. The

document ‘‘Test Protocol for the

Evaluation of Oil-Spill Containment

Booms,’’ available from MMS, may be

used for guidance. Testing of skimmers

must also be conducted in accordance

with test criteria approved by MMS. The

document ‘‘Suggested Test Protocol for

the Evaluation of Oil Spill Skimmers for

the OCS,’’ available from MMS, may be

used for guidance.

(c) All testing is the responsibility of

the owner or operator, who is also

responsible for the accuracy of the

information submitted.

§ 254.12 Notification requirements.

(a) In the event of a spill, the person

designated as the qualified individual

must immediately notify response

personnel as well as appropriate

Federal, State, and local officials.

(b) The Regional Supervisor must be

notified orally within the following time

limits:

(1) Within 12 hours if the spill is one

barrel or less, and

(2) Without delay if the spill is more

than one barrel. The qualified

individual must confirm reports of

spills of more than one barrel in writing.

§ 254.13 Plan revision and resubmission.

(a) Owners or operators must review

their spill-response plans at least

annually and submit all resulting

modifications to the Regional

Supervisor. If this review does not result

in modifications to the plan, the facility

owner or operator must inform the

Regional Supervisor in writing that

there are no changes.

(b) Owners or operators must submit

revisions to their plans for approval at

least 15 days before the effective date of

the changes. Revisions are required

whenever:

(1) A change occurs in the number of

facilities covered by the plan;

(2) A change occurs in the OSRO

designated in the plan or in the assessed

capabilities of spill removal;

(3) A change occurs (in name or

position) of the qualified individual or

any member of the spill management

team;

(4) A significant change occurs in the

worst case discharge estimate, or in the

type or quantity of hazardous

substances handled at the facility;

(5) Any changes occur in the listings

of economically important or

environmentally sensitive areas

identified in the Area Contingency

Plan(s).

(c) Owners and operators must

provide a record of the changes

submitted for insertion in the

introduction to the plan.

(d) The Regional Supervisor may

require that a response plan be

resubmitted if the plan has become

outdated or if numerous modifications

and revisions have made its use

unnecessarily difficult.

(e)(1) The Regional Supervisor will

periodically review the equipment

inventories of OSRO’s to ensure that

sufficient equipment is available to meet

the cumulative needs of the owners and

operators who cite these organizations

in their spill-response plans as their

primary source of spill removal

equipment.

(2) The MMS require an owner or

operator to revise a plan at any time if

the Regional Supervisor notes

significant inadequacies during these

reviews or during a drill or response to

an actual pollution incident.

§ 254.14 Response plans for facilities in

State waters located seaward of the coast

line.

Owners or operators of facilities in

State waters located seawater of the

coast line shall comply with paragraphs

(a), (b), or (c) of this section.

(a) Modify an OCS spill-response plan

submitted pursuant to the requirements

of 30 CFR 254.5 and approved by MMS

to include facilities in State waters

adjacent to an OCS Region and submit

the plan to MMS for approval.

(b) Submit a response plan to the

appropriate MMS office identified in

§ 254.4 for approval. The plan shall

contain the information required in

§ 254.5.

(c) Submit a response plan to MMS

for approval that has been developed in

accordance with the laws or regulations

of the State. The plan must contain all

the elements required by the State and

must:

(1) Be consistent with the

requirements of the National

Contingency Plan and appropriate Area

Contingency Plan(s).

(2) Identify a qualified individual and

require immediate communication

between that person and appropriate

Federal officials and response personnel

if there is a spill.

(3) Identify any private personnel and

equipment necessary to remove, to the

maximum extent practicable, a worst

case discharge as defined in § 254.6. The

plan must provide a copy of any written

contractual agreement with any OSRO’s

or spill management team members not

employees of the owner or operator.

(4) Describe the training, equipment

testing, periodic unannounced drills,

and response actions of personnel at the

facility.

(5) Describe the procedures used to

periodically update and resubmit the

plan for approval of each significant

change.

(6) Provide the following information:

(i) A list of the facilities and leases

covered by the plan and a map showing

their location.

(ii) Name and address of agency to

whom the plan was submitted.

(iii) Date plan was submitted.

(iv) 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.

(v) Identification of any regulations or

standards used in preparing the plan.

(d) Plans prepared by owners or

operators of facilities in State waters,

under paragraphs (a), (b), or (c) of this

section, shall include a description of

the steps taken to prevent spills of oil

or hazardous substances or mitigate a

substantial threat of such a discharge.

The description shall include

identification of State, Federal, or

industry standards with which the

operator is legally required to comply or

voluntarily agrees to comply. The

Regional Supervisor may prescribe

additional equipment or procedures for

spill prevention.
3184 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules

(e) Owners or operators of new

facilities in State waters must submit

the number of copies of the response

plan requested by MMS to the

appropriate MMS office 60 days before

commencing operations.

§ 254.15 Approval of plans.

(a) The Regional Supervisor shall

approve a plan that meets the following

criteria:

(1) The plan contains the information

required in § 254.5 or § 254.14, as

appropriate.

(2) The plan identifies a worst case

scenario that accurately reflects:

(i) The risks associated with the oil or

other hazardous material being

produced, stored, or transported;

(ii) Any adverse environmental

conditions that can be expected in the

area where the oil or hazardous material

is being produced, stored, or transported

and any area where the oil or hazardous

material could migrate following a spill;

and

(iii) Any environmentally sensitive or

economically important areas that could

be damaged by the spill.

(3) The plan provides for equipment,

personnel, procedures, training, and

drills that will result in the ability to

respond in a timely manner to the

identified worst case spill and remove

the spill to the maximum extent

practicable as well as mitigate or

prevent a substantial threat of such a

discharge.

(4) The plan is consistent with the

National Contingency Plan and all

relevant Area Contingency Plans.

(5) The plan demonstrates that the

responsible party has granted an

identified person full authority to

implement removal actions.

(b) If the Regional Supervisor

determines at any time that a response

plan submitted to MMS or a State is

inadequate, the Regional Supervisor

will specify deficiencies in the plan,

and the responsible party must take

action to modify the plan.

[FR Doc. 95–802 Filed 1–12–95; 8:45 am]

BILLING CODE 4310–MR–M

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 935

Ohio Permanent Regulatory Program;

Evaluation of Revegetation Success

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening of

public comment period.

SUMMARY: OSM is reopening the public

comment period for revised

amendments to the Ohio permanent

regulatory program (hereinafter referred

to as the Ohio program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA).

Ohio has submitted additional proposed

changes to its guidelines for evaluating

revegetation success. These guidelines

describe the sampling methods and

standards which Ohio proposes to use

to evaluate revegetation success prior to

bond release on areas with different

postmining land uses. The amendments

are intended to make the Ohio program

as effective as the corresponding Federal

regulations.

This document sets forth the times

and locations that the Ohio program and

proposed amendments to that program

will be available for public inspection,

the comment period during which

interested persons may submit written

comments on the proposed

amendments, and the procedures that

will be followed regarding the public

hearing, if one is requested.

DATES: Written comments must be

received on or before 4:00 p.m. on

February 13, 1995. If requested, a public

hearing on the proposed amendments

will be held at 1:00 p.m. on February 7,

1995. Requests to present oral testimony

at the hearing must be received on or

before 4:00 p.m. on January 30, 1995.

ADDRESSES: Written comments and

requests to testify at the hearing should

be mailed or hand-delivered to Mr.

Robert H. Mooney, Acting Director,

Columbus Field Office, at the address

listed below. Copies of the Ohio

program, the proposed amendments,

and all written comments received in

response to this document will be

available for public review at the

addresses listed below during normal

business hours, Monday through Friday,

excluding holidays. Each requester may

receive, free of charge, one copy of the

proposed amendments by contacting

OSM’s Columbus Field Office.

Office of Surface Mining Reclamation

and Enforcement, Columbus Field

Office, 4480 Refugee Road, Suite 201,

Columbus, Ohio 43232, Telephone:

(614) 866–0578

Ohio Department of Natural Resources,

Division of Reclamation, 1855

Fountain Square Court, Building H–3,

Columbus, Ohio 43224, Telephone:

(614) 265–6675

Any disabled individual who has

need for a special accommodation to

attend a public hearing should contact

the individual listed under

FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert H. Mooney, Acting Director,

Columbus Field Office, (614) 866–0578.

SUPPLEMENTARY INFORMATION:

I. Background

On August 16, 1982, the Secretary of

the Interior conditionally approved the

Ohio program. Information on the

general background of the Ohio program

submission, including the Secretary’s

findings, the disposition of comments,

and a detailed explanation of the

conditions of approval of the Ohio

program, can be found in the August 10,

1992, Federal Register (47 FR 34688).

Subsequent actions concerning the

conditions of approval and program

amendments are identified at 30 CFR

935.11, 935.12, 935.15, and 935.16.

II. Discussion of the Proposed

Amendments

On October 21, 1993 (Administrative

Record No. OH–1944), the Ohio

Department of Natural Resources,

Division of Reclamation (Ohio)

submitted a final combined version of

two previous program amendments,

Program Amendments Number 25R and

56R (PA 25R and PA 56R). In this

combined submission, Ohio proposed to

revise parts of the Ohio Administrative

Code (OAC) pertaining to land use and

revegetation success standards. Ohio

also submitted ‘‘Guidelines for

Evaluating Revegetation Success’’

establishing the sampling procedures for

measuring vegetative ground cover,

forage yield, and tree shrub stocking.

On May 2, 1994 (59 FR 22517), the

Acting Assistant Director of OSM

announced his decision approving

combined PA 25R and 56R with certain

exceptions. In that decision, the

Assistant Director required Ohio to

submit a proposed amendment to

modify its ‘‘Guidelines for Evaluating

Revegetation Success’’ to require the

species diversity, erosion control, and

other applicable requirements of OAC

1501:13–9–15(B) and (C) be evaluated at

the time of final bond release. The

Assistant Director also required that

Ohio revise the formula for determining

the sample size for evaluating tree and

shrub success.

By letter dated July 19, 1994 (Ohio

Administrative Record OH–2032), Ohio

resubmitted revised ‘‘Guidelines for

Evaluating Revegetation Success’’ which

were intended to address the Assistant

Director’s requirements in his May 2,

1994, decision on PA 25R and 56R.

OSM announced its receipt of proposed

PA 25R and 56R in the Federal Register

(59 FR 38577) on July 29, 1994. The

public comment period ended on

August 29, 1994. The public hearing

scheduled for August 23, 1994, was not