Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 91 - FACILITY AND ABOVEGROUND STORAGE TANK (AST) REGULATION › Part IV - Oil Discharge Contingency Plan (ODCP) Requirements › Section 9VAC25-91-170 - Contingency plan requirements and approval

Current through Register Vol. 40, No. 24, July 15, 2024
A. Section
				  62.1-44.34:15 of the Code of Virginia requires that all facility oil discharge
				  contingency plans must conform to the requirements and standards determined by
				  the department to be necessary to ensure that the applicant can take such steps
				  as are necessary to protect environmentally sensitive areas; to respond to the
				  threat of an oil discharge; and to contain, cleanup, and mitigate an oil
				  discharge within the shortest feasible time. Each such plan shall provide for
				  the use of the best available technology (economically feasible, proven
				  effective and reliable and compatible with the safe operation of the facility)
				  at the time the plan is submitted for approval and, in order to be approvable,
				  shall contain, at a minimum, the following requirements:
1. The name of the facility, geographic
				  location and access routes from land and water if applicable;
2. The names of the operators of the facility
				  including address and phone number;
3. A physical description of the facility
				  consisting of a plan of the facility which identifies the applicable oil
				  storage areas, transfer locations, control stations, above and below ground oil
				  transfer piping within the facility boundary (and including adjacent easements
				  and leased property), monitoring systems, leak detection systems and location
				  of any safety protection devices;
4. A copy of the material safety data sheet
				  (MSDS) or its equivalent for each oil or groups of oil with similar
				  characteristics stored, transferred or handled at the facility. To be
				  equivalent, the submission shall contain the following:
a. Generic or chemical name of the
				  oil;
b. Hazards involved in
				  handling the oil; and
c. A list of
				  fire-fighting procedures and extinguishing agents effective with fires
				  involving each oil or groups of oil demonstrating similar hazardous properties
				  which require the same fire-fighting procedures;
5. The maximum storage or handling capacity
				  of the facility and the individual tank capacities or, in the case of a
				  pipeline, the average daily throughput of oil;
6. A complete listing, including 24-hour
				  phone numbers, of all federal, state and local agencies required to be notified
				  in the event of a discharge;
7. The
				  position title of the individuals responsible for making the required
				  notifications and a copy of the notification check-off list;
8. The position title, address and phone
				  number of the individuals authorized to act on behalf of the operator to
				  implement containment and cleanup actions. This individual shall be available
				  on a 24-hour basis to ensure the appropriate containment and cleanup actions
				  are initiated;
9. The position
				  title of the individuals designated by the operator to ensure compliance during
				  containment and cleanup of a discharge with applicable federal, state and local
				  requirements for disposal of both solid and liquid wastes;
10. Identification and assurance by contract
				  or other means acceptable to the department of the availability of private
				  personnel and equipment necessary to remove to the maximum extent practicable
				  the worst case discharge and to mitigate or prevent a substantial threat of
				  such a discharge. This contract or agreement shall ensure a certain response
				  within the shortest feasible time. The department will accept a letter of
				  understanding between the operator and the response contractors which attests
				  to this capability being readily available. Membership in a cleanup cooperative
				  or other response organization is also acceptable. A listing of contractor or
				  cooperative capabilities, including an inventory of the equipment and
				  specification of the other information required by subdivision 12 of this
				  subsection, shall be included unless these capabilities are already on file
				  with the department;
11. Assessment
				  of the worst case discharge, including measures to limit the outflow of oil,
				  response strategy and operational plan. For the purpose of this chapter, the
				  worst case discharge is the instantaneous release of the volume of the largest
				  tank on the facility (125% of the volume of the largest tank for facilities
				  with multiple tanks within a single containment dike) during adverse weather
				  conditions. Facilities shall take into consideration that due to hydraulic
				  pressure of the release, the secondary containment will not contain this volume
				  in its entirety. The worst case discharge for a pipeline shall be based upon
				  the volume of a discharge calculated using the maximum pressure, velocity, and
				  elevation, and the largest pipe size and pipeline location. If facility design
				  and operation indicates that this worst case discharge scenario does not meet
				  the intent of this chapter, the department may require submission of other
				  worst case scenarios on a facility-specific basis;
12. Inventory of facility containment
				  equipment, including specification of quantity, type, location, time limits for
				  gaining access to the equipment, and identification of facility personnel
				  trained in its use;
13.
				  Identification and location of natural resources at risk (including, but not
				  limited to, surface waters as indicated on the applicable USGS quadrangle maps,
				  groundwater, public water supplies, public and private water wells and springs,
				  state or federal wildlife management areas, wildlife refuges, management areas,
				  sanctuaries, property listed on the National Register of Historic Places and
				  property listed on the National Register of Natural Landmarks), priorities for
				  protection and means of protecting these resources;
a. In addition to the requirements set forth
				  in this subdivision, the operator of a facility with an aggregate aboveground
				  storage or handling capacity of one million gallons or greater of oil shall
				  conduct a groundwater characterization study (GCS) within the geographic
				  boundaries of the facility to be submitted as part of the contingency plan. The
				  operator of such a facility shall utilize upgradient and downgradient GCS
				  monitoring wells to satisfy this requirement. At the time of a discharge, the
				  operator of such a facility shall conduct further characterization of the
				  groundwater as required by the department;
b. For purposes of satisfying the requirement
				  to identify and locate natural resources at risk, the operator of a pipeline
				  shall identify surface waters as indicated on the applicable USGS quadrangle
				  maps, public water supplies, state or federal wildlife management areas,
				  wildlife refuges, management areas, sanctuaries, property listed on the
				  National Register of Historic Places and property listed on the National
				  Register of Natural Landmarks which could reasonably be expected to be impacted
				  by the discharge. At the time of a discharge, the operator of a pipeline shall
				  conduct a complete groundwater characterization study as required by the
				  department and identify other natural resources at risk including public and
				  private wells or springs which could reasonably be expected to be impacted by
				  the discharge;
14.
				  Identification and location of any municipal or other services (including, but
				  not limited to, storm drains, storm water collection systems and sanitary sewer
				  systems) at risk, notification procedures applicable and means of protection of
				  these services. The identification and location of all municipal services shall
				  include those services for which official records are available. The operator
				  of a pipeline shall determine which sections of the system are located in areas
				  that would require an immediate response by the operator to prevent hazards to
				  the public if a discharge occurred;
15. If applicable, the facility's
				  responsibility for responding to a discharge from a vessel moored at the
				  facility and the identity of the sizes, types, and number of vessels that the
				  facility can transfer oil to or from simultaneously;
16. A description of training, equipment
				  testing, and periodic unannounced oil discharge drills conducted by the
				  operator to mitigate or prevent the discharge or the substantial threat of a
				  discharge;
17. The facility's oil
				  inventory control procedures. Facilities shall ensure that this control
				  procedure is capable of providing for the detection of a discharge of oil
				  within the shortest feasible time in accordance with recognized engineering
				  practices and industry measurement standards;
18. A detailed description of a system for
				  early detection of a discharge to groundwater, utilizing upgradient and
				  downgradient leak detection monitoring wells or other groundwater protection
				  measures acceptable to the department (i.e., visual, interstitial, vapor and
				  leak detection groundwater monitoring wells). The system will be operated,
				  maintained and monitored in the manner approved and be subject to inspection by
				  the department under the pollution prevention requirements of Part III
				  (9VAC25-91-130
				  et seq., Pollution Prevention Requirements) of this chapter. Operators subject
				  to subdivision 13 a of this subsection may utilize such GCS wells to meet this
				  requirement when approved by the department;
19. The procedures to be followed, upon
				  detection of a discharge of oil, for testing and inspection of all tanks,
				  piping and all oil transfer associated equipment that could reasonably be
				  expected to be a point source for the discharge. These procedures shall be
				  conducted within the shortest feasible time, include a progression of written
				  procedures from visual inspection to formal testing and be conducted in
				  accordance with recognized engineering practices;
20. The facility's preventive maintenance
				  procedures applicable to the critical equipment of an oil storage and transfer
				  system as well as the maximum pressure for each oil transfer system. The term
				  "critical equipment" shall mean equipment that affects the safe operation of an
				  oil storage and handling system;
21. A description of the security procedures
				  used by facility personnel to avoid intentional or unintentional damage to the
				  facility; and
22. A post-discharge
				  review procedure to assess the discharge response in its entirety.