U.S. Code of Federal Regulations
Regulations most recently checked for updates: Jun 05, 2023
(a) Introduction and plan content. This section of the plan must include facility and plan information as follows:
(1) The facility's name, street address, city, county, state, ZIP code, facility telephone number, and telefacsimile number, if so equipped. Include mailing address if different from street address.
(2) The facility's location described in a manner that could aid both a reviewer and a responder in locating the specific facility covered by the plan, such as, river mile or location from a known landmark that would appear on a map or chart.
(3) The name, address, and procedures for contacting the facility's owner or operator on a 24-hour basis.
(4) A table of contents.
(5) During the period that the submitted plan does not have to conform to the format contained in this subpart, a cross index, if appropriate.
(6) A record of change(s) to record information on plan updates.
(b) Emergency Response Action Plan. This section of the plan must be organized in the subsections described in this paragraph:
(1) Notification procedures. (i) This subsection must contain a prioritized list identifying the person(s), including name, telephone number, and their role in the plan, to be notified of a discharge or substantial threat of a discharge of oil. The telephone number need not be provided if it is listed separately in the list of contacts required in the plan. This Notification Procedures listing must include—
(A) Facility response personnel, the spill management team, oil spill removal organizations, and the qualified individual(s) and the designated alternate(s); and
(B) Federal, State, or local agencies, as required.
(ii) This subsection must include a form, such as that depicted in Figure 1, which contains information to be provided in the initial and follow-up notifications to Federal, State, and local agencies. The form shall include notification of the National Response Center as required in part 153 of this chapter. Copies of the form also must be placed at the location(s) from which notification may be made. The initial notification form must include space for the information contained in Figure 1. The form must contain a prominent statement that initial notification must not be delayed pending collection of all information.
Figure 1—Information on discharge *
|(A) Reporting party||(B) Suspected responsible party|
|Phones () –||Phones () –|
* It is not necessary to wait for all information before calling NRC. National Response Center—1–800–424–8802 or direct telephone: 202–267–2675.
|Were materials Discharged (Y/N)?|
|Calling for Responsible Party (Y/N)|
|Source and/or Cause of Incident|
|Date - - Time:|
|Incident Address/Location Nearest City|
|Distance from City|
|Storage Tank Container Type—Above ground (Y/N) Below ground (Y/N) Unknown|
|Mile Post or River Mile|
|Discharge Unit of Quantity Measure Discharged Material Quantity in Water|
|Actions Taken to Correct or Mitigate Incident|
|Number of Injuries Number of Fatalities|
|Were there Evacuations (Y/N/U)? Number Evacuated|
|Was there any Damage (Y/N/U)? Damage in Dollars|
|Any information about the Incident not recorded elsewhere in the report|
|USCG EPA State Other|
(2) Facility's spill mitigation procedures. (i) This subsection must describe the volume(s) and oil groups that would be involved in the—
(A) Average most probable discharge from the MTR facility;
(B) Maximum most probable discharge from the MTR facility;
(C) Worst case discharge from the MTR facility; and
(D) Where applicable, the worst case discharge from the non-transportation-related facility. This must be the same volume provided in the response plan for the non-transportation-related facility.
(ii) This subsection must contain prioritized procedures for facility personnel to mitigate or prevent any discharge or substantial threat of a discharge of oil resulting from operational activities associated with internal or external facility transfers including specific procedures to shut down affected operations. Facility personnel responsible for performing specified procedures to mitigate or prevent any discharge or potential discharge shall be identified by job title. A copy of these procedures shall be maintained at the facility operations center. These procedures must address actions to be taken by facility personnel in the event of a discharge, potential discharge, or emergency involving the following equipment and scenarios:
(A) Failure of manifold, mechanical loading arm, other transfer equipment, or hoses, as appropriate;
(B) Tank overfill;
(C) Tank failure;
(D) Piping rupture;
(E) Piping leak, both under pressure and not under pressure, if applicable;
(F) Explosion or fire; and
(G) Equipment failure (e.g. pumping system failure, relief valve failure, or other general equipment relevant to operational activities associated with internal or external facility transfers.)
(iii) This subsection must contain a listing of equipment and the responsibilities of facility personnel to mitigate an average most probable discharge.
(3) Facility's response activities. (i) This subsection must contain a description of the facility personnel's responsibilities to initiate a response and supervise response resources pending the arrival of the qualified individual.
(ii) This subsection must contain a description of the responsibilities and authority of the qualified individual and alternate as required in § 154.1026.
(iii) This subsection must describe the organizational structure that will be used to manage the response actions. This structure must include the following functional areas.
(A) Command and control;
(B) Public information;
(D) Liaison with government agencies;
(E) Spill Operations;
(G) Logistics support; and
(iv) This subsection of the plan must identify the oil spill removal organizations and the spill management team that will be capable of providing the following resources:
(A) Equipment and supplies to meet the requirements of §§ 154.1045, 154.1047, or subparts H or I of this part, as appropriate.
(B) Trained personnel necessary to continue operation of the equipment and staff the oil spill removal organization and spill management team for the first 7 days of the response.
(v) This section must include job descriptions for each spill management team member within the organizational structure described in paragraph (b)(3)(iii) of this section. These job descriptions must include the responsibilities and duties of each spill management team member in a response action.
(vi) For facilities that handle, store, or transport group II through group IV petroleum oils, and that operate in waters where dispersant use is pre-authorized, this subsection of the plan must also separately list the resource providers and specific resources, including appropriately trained dispersant-application personnel, necessary to provide the dispersant capabilities required in this subpart. All resource providers and resources must be available by contract or other approved means as described in § 154.1028(a). The dispersant resources to be listed within this section must include the following:
(A) Identification of each primary dispersant staging site to be used by each dispersant-application platform to meet the requirements of this subpart.
(B) Identification of the platform type, resource-providing organization, location, and dispersant payload for each dispersant-application platform identified. Location data must identify the distance between the platform's home base and the identified primary dispersant staging site for this section.
(C) For each unit of dispersant stockpile required to support the effective daily application capacity (EDAC) of each dispersant-application platform necessary to sustain each intended response tier of operation, identify the dispersant product resource provider, location, and volume. Location data must include the stockpile's distance to the primary staging sites where the stockpile would be loaded onto the corresponding platforms.
(D) If an oil spill removal organization has been evaluated by the Coast Guard, and its capability is equal to or exceeds the response capability needed by the owner or operator, the section may identify only the oil spill removal organization, and not the information required in paragraphs (b)(3)(vi)(A) through (b)(3)(vi)(C) of this section.
(vii) This subsection of the plan must also separately list the resource providers and specific resources necessary to provide aerial oil tracking capabilities required in this subpart. The oil tracking resources to be listed within this section must include the following:
(A) The identification of a resource provider; and
(B) Type and location of aerial surveillance aircraft that are ensured available, through contract or other approved means, to meet the oil tracking requirements of § 154.1045(j).
(viii) For mobile facilities that operate in more than one COTP zone, the plan must identify the oil spill removal organization and the spill management team in the applicable geographic-specific appendix. The oil spill removal organization(s) and the spill management team discussed in paragraph (b)(3)(iv) of this section must be included for each COTP zone in which the facility will handle, store, or transport oil in bulk.
(ix) For mobile facilities that operate in more than one COTP zone, the plan must identify the oil spill removal organization and the spill management team in the applicable geographic-specific appendix. The oil spill removal organization(s) and the spill management team discussed in paragraph (b)(3)(iv)(A) of this section must be included for each COTP zone in which the facility will handle, store, or transport oil in bulk.
(4) Fish and wildlife and sensitive environments. (i) This section of the plan must identify areas of economic importance and environmental sensitivity, as identified in the ACP, which are potentially impacted by a worst case discharge. ACPs are required under section 311(j)(4) of the FWPCA to identify fish and wildlife and sensitive environments. The applicable ACP shall be used to designate fish and wildlife and sensitive environments in the plan. Changes to the ACP regarding fish and wildlife and sensitive environments shall be included in the annual update of the response plan, when available.
(ii) For a worst case discharge from the facility, this section of the plan must—
(A) List all fish and wildlife and sensitive environments identified in the ACP which are potentially impacted by a discharge of persistent oils, non-persistent oils, or non-petroleum oils.
(B) Describe all the response actions that the facility anticipates taking to protect these fish and wildlife and sensitive environments.
(C) Contain a map or chart showing the location of those fish and wildlife and sensitive environments which are potentially impacted. The map or chart shall also depict each response action that the facility anticipates taking to protect these areas. A legend of activities must be included on the map page.
(iii) For a worst case discharge, this section must identify appropriate equipment and required personnel, available by contract or other approved means as described in § 154.1028, to protect fish and wildlife and sensitive environments which fall within the distances calculated using the methods outlined in this paragraph as follows:
(A) Identify the appropriate equipment and required personnel to protect all fish and wildlife and sensitive environments in the ACP for the distances, as calculated in paragraph (b)(4)(iii)(B) of this section, that the persistent oils, non-persistent oils, or non-petroleum oils are likely to travel in the noted geographic area(s) and number of days listed in table 2 of appendix C of this part;
(B) Calculate the distances required by paragraph (b)(4)(iii)(A) of this section by selecting one of the methods described in this paragraph;
(1) Distances may be calculated as follows:
(i) For persistent oils and non-petroleum oils discharged into non-tidal waters, the distance from the facility reached in 48 hours at maximum current.
(ii) For persistent and non-petroleum oils discharged into tidal waters, 15 miles from the facility down current during ebb tide and to the point of maximum tidal influence or 15 miles, whichever is less, during flood tide.
(iii) For non-persistent oils discharged into non-tidal waters, the distance from the facility reached in 24 hours at maximum current.
(iv) For non-persistent oils discharged into tidal waters, 5 miles from the facility down current during ebb tide and to the point of maximum tidal influence or 5 miles, whichever is less, during flood tide.
(2) A spill trajectory or model may be substituted for the distances calculated under paragraph (b)(4)(iii)(B)(l) of this section. The spill trajectory or model must be acceptable to the COTP.
(3) The procedures contained in the Environmental Protection's Agency's regulations on oil pollution prevention for non-transportation-related onshore facilities at 40 CFR part 112, appendix C, Attachment C-III may be substituted for the distances listed in non-tidal and tidal waters; and
(C) Based on historical information or a spill trajectory or model, the COTP may require the additional fish and wildlife and sensitive environments also be protected.
(5) Disposal Plan. This subsection must describe any actions to be taken or procedures to be used to ensure that all recovered oil and oil contaminated debris produced as a result of any discharge are disposed according to Federal, state, or local requirements.
(c) Training and exercises. This section must be divided into the following two subsections:
(1) Training procedures. This subsection must describe the training procedures and programs of the facility owner or operator to meet the requirements in § 154.1050.
(2) Exercise procedures. This subsection must describe the exercise program to be carried out by the facility owner or operator to meet the requirements in § 154.1055.
(d) Plan review and update procedures. This section must address the procedures to be followed by the facility owner or operator to meet the requirements of § 154.1065 and the procedures to be followed for any post-discharge review of the plan to evaluate and validate its effectiveness.
(e) Appendices. This section of the response plan must include the appendices described in this paragraph.
(1) Facility-specific information. This appendix must contain a description of the facility's principal characteristics.
(i) There must be a physical description of the facility including a plan of the facility showing the mooring areas, transfer locations, control stations, locations of safety equipment, and the location and capacities of all piping and storage tanks.
(ii) The appendix must identify the sizes, types, and number of vessels that the facility can transfer oil to or from simultaneously.
(iii) The appendix must identify the first valve(s) on facility piping separating the transportation-related portion of the facility from the non-transportation-related portion of the facility, if any. For piping leading to a manifold located on a dock serving tank vessels, this valve is the first valve inside the secondary containment required by 40 CFR part 112.
(iv) The appendix must contain information on the oil(s) and hazardous material handled, stored, or transported at the facility in bulk. A material safety data sheet meeting the requirements of 29 CFR 1910.1200, 33 CFR 154.310(a)(5) or an equivalent will meet this requirement. This information can be maintained separately providing it is readily available and the appendix identifies its location. This information must include—
(A) The generic or chemical name;
(B) A description of the appearance and odor;
(C) The physical and chemical characteristics;
(D) The hazards involved in handling the oil(s) and hazardous materials. This shall include hazards likely to be encountered if the oil(s) and hazardous materials come in contact as a result of a discharge; and
(E) A list of firefighting procedures and extinguishing agents effective with fires involving the oil(s) and hazardous materials.
(v) The appendix may contain any other information which the facility owner or operator determines to be pertinent to an oil spill response.
(2) List of contacts. This appendix must include information on 24-hour contact of key individuals and organizations. If more appropriate, this information may be specified in a geographic-specific appendix. The list must include—
(i) The primary and alternate qualified individual(s) for the facility;
(ii) The contact(s) identified under paragraph (b)(3)(iv) of this section for activation of the response resources; and
(iii) Appropriate Federal, State, and local officials.
(3) Equipment list and records. This appendix must include the information specified in this paragraph.
(i) The appendix must contain a list of equipment and facility personnel required to respond to an average most probable discharge, as defined in § 154.1020. The appendix must also list the location of the equipment.
(ii) The appendix must contain a detailed listing of all the major equipment identified in the plan as belonging to an oil spill removal organization(s) that is available, by contract or other approved means as described in § 154.1028(a), to respond to a maximum most probable or worst case discharge, as defined in § 154.1020. The detailed listing of all major equipment may be located in a separate document referenced by the plan. Either the appendix or the separate document referenced in the plan must provide the location of the major response equipment.
(iii) It is not necessary to list response equipment from oil spill removal organization(s) when the organization has been classified by the Coast Guard and their capacity has been determined to equal or exceed the response capability needed by the facility. For oil spill removal organization(s) classified by the Coast Guard, the classification must be noted in this section of the plan. When it is necessary for the appendix to contain a listing of response equipment, it shall include all of the following items that are identified in the response plan: Skimmers; booms; dispersant application, in-situ burning, bioremediation equipment and supplies, and other equipment used to apply other chemical agents on the NCP Product Schedule (if applicable); communications, firefighting, and beach cleaning equipment; boats and motors; disposal and storage equipment; and heavy equipment. The list must include for each piece of equipment—
(A) The type, make, model, and year of manufacture listed on the nameplate of the equipment;
(B) For oil recovery devices, the effective daily recovery rate, as determined using section 6 of appendix C of this part;
(C) For containment boom, the overall boom height (draft and freeboard) and type of end connectors;
(D) The spill scenario in which the equipment will be used for or which it is contracted;
(E) The total daily capacity for storage and disposal of recovered oil;
(F) For communication equipment, the type and amount of equipment intended for use during response activities. Where applicable, the primary and secondary radio frequencies must be specified.
(G) Location of the equipment; and
(H) The date of the last inspection by the oil spill removal organization(s).
(4) Communications plan. This appendix must describe the primary and alternate method of communication during discharges, including communications at the facility and at remote locations within the areas covered by the response plan. The appendix may refer to additional communications packages provided by the oil spill removal organization. This may reference another existing plan or document.
(5) Site-specific safety and health plan. This appendix must describe the safety and health plan to be implemented for any response location(s). It must provide as much detailed information as is practicable in advance of an actual discharge. This appendix may reference another existing plan requiring under 29 CFR 1910.120.
(6) List of acronyms and definitions. This appendix must list all acronyms used in the response plan including any terms or acronyms used by Federal, State, or local governments and any operational terms commonly used at the facility. This appendix must include all definitions that are critical to understanding the response plan.