Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 19 - OIL SPILL PREVENTION AND RESPONSE › Subchapter B - SPILL PREVENTION AND PREPAREDNESS › Section 19.13 - Requirements for Discharge Prevention and Response Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. Any person who operates a
				  waterfront or offshore facility and must obtain a discharge prevention and
				  response certificate prior to operation.
(b) Implementation of plans. An operator of
				  any facility that requires certification must develop and implement a written
				  discharge prevention and response plan. Before issuing a certificate, the GLO
				  will conduct an on-site review of the plan. The GLO will determine whether the
				  facility's plan contains all the information required by this section and has
				  been fully implemented. Any person who operates a waterfront or offshore
				  facility must maintain compliance with the plan requirements.
(c) Required elements of discharge prevention
				  and response plans for all facility classifications. Operators of all
				  facilities that require certification must prepare discharge prevention and
				  response plans which meet the requirements of TNRC §40.111 and include the
				  following information:
(1) the owner and
				  operator of the facility;
(2) the
				  person or persons in charge of the facility, as required by §
											19.16
				  of this title (relating to Person in Charge), and a current emergency contact
				  phone number that will be answered 24 hours a day;
(3) the name and address (both physical and
				  mailing) of the facility;
(4) a
				  description of the facility, including:
(A)
				  the location of the facility by latitude and longitude;
(B) the facility's primary
				  activity;
(C) the types of oil
				  handled, whether safety data sheets (SDS) have been prepared for them, and the
				  location where the (SDS) are maintained;
(D) the storage capacity of each tank used
				  for storing oil;
(E) the diameter
				  of all lines through which oil is transferred;
(F) the average daily throughput of oil at
				  the facility; and
(G) the
				  dimensions and capacity in barrels of the largest oil-handling vessel which
				  docks at the facility.
(5) for a facility which normally does not
				  have personnel on-site, a commitment to maintain in a prominent location a
				  legible sign or placard, which must state that the GLO and National Response
				  Center are to be notified of an oil spill and give the 24-hour phone numbers
				  for notifying the GLO and National Response Center, and a description and
				  specific location of all signs;
(6)
				  a general description of measures taken by the facility to prevent unauthorized
				  discharges of oil;
(7) a plan to
				  conduct an annual oil spill drill that entails notifying the GLO and National
				  Response Center and maintenance of a log at the facility which documents when
				  the notification drill was conducted and facility personnel who participated in
				  it;
(8) if oil is transferred at
				  the facility, emergency transfer procedures to be implemented if an actual or
				  threatened unauthorized discharge of oil occurs at the facility;
(9) strategic plans to contain and clean up
				  unauthorized discharges of oil from the facility;
(10) a statement that all facility personnel
				  who might be involved in an oil spill response have been informed that
				  detergents or other surfactants are prohibited from being used on an oil spill
				  in the water, and that dispersants can only be used with the approval of the
				  Regional Response Team, the interagency group composed of federal and state
				  agency representatives that coordinates oil spill responses; and
(11) a description of any secondary
				  containment or diversionary structures, equipment, or systems at the facility
				  that operate to prevent discharged oil from reaching coastal waters, including,
				  at minimum:
(A) a description of all
				  secondary containment at the site; and
(B) the methodology for determining that the
				  containment structures or equipment are adequate to prevent oil from reaching
				  coastal waters.