| (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.
(d) Additional requirements for facilities classified
as intermediate. In addition to the requirements in §19.13(c),
operators of intermediate facilities must prepare written discharge
prevention and response plans which include the following information:
(1) a description of the worst case unauthorized discharge
of oil reasonably likely to occur at the facility and the rationale
used to determine the worst case unauthorized discharge;
(2) a description and map of environmentally sensitive
areas that would be impacted by the worst case unauthorized discharge
and plans for protecting these areas if an oil spill occurs at the
facility;
(3) a description of the facility's response strategies
to contain and clean up the worst case unauthorized discharge;
(4) a description of discharge prevention procedures
implemented at the facility, including procedures to prevent discharges
from transfers of oil;
(5) a plan to conduct an annual oil spill drill that
includes the following elements:
(A) notifying the GLO and National Response Center;
(B) notifying any third parties, such as discharge
cleanup organizations, which have agreed to respond to an oil spill
and confirming they would be able to respond to an oil spill at the
facility on the day of the drill;
(C) if the facility has spill response equipment stored
on-site, deployment of a representative portion of the equipment which
would be used to respond to the type of discharge most likely to occur
at the facility; and
(D) a log documenting when the annual drill was conducted
and the facility personnel who participated in it; and
(6) if the operator has entered into any oil spill
response or cleanup contracts or basic ordering agreements with a
discharge cleanup organization, copies of the contracts or agreements
or a narrative description of their terms.
(e) Additional requirements for facilities classified
as large. In addition to the requirements in §19.13(c), operators
of large facilities must prepare written discharge prevention and
response plans which include the following information:
(1) maps showing vehicular access to the facility,
pipelines to and from the facility, and nearby residential or other
populous areas;
(2) a site plan of the facility showing:
(A) the location of all structures in which oil is
stored;
(B) the location of all areas where oil is transferred
at the facility; and
(C) drainage and diversion systems at the facility,
such as sewers, outfalls, catchment or containment systems or basins,
sumps, and all watercourses into which surface runoff from the facility
drains (all of which will be shown on the site plan or maps);
(3) a plan to conduct an annual oil spill drill that
includes the following elements:
(A) notifying the GLO and National Response Center;
(B) notifying any third parties, such as discharge
cleanup organizations, which have agreed to respond to an oil spill
and confirming they would be able to respond to an oil spill at the
facility on the day of the drill;
(C) if the facility has spill response equipment stored
on-site, deployment of a representative portion of the equipment which
would be used to respond to the type of discharge most likely to occur
at the facility; and
(D) a log documenting when the annual drill was conducted
and the facility personnel who participated in it;
(4) a detailed description of the facility's discharge
prevention and response capability, including:
(A) leak detection and safety systems to prevent accidental
discharges of oil, including a description of equipment and procedures;
(B) schedules, methods, and procedures for testing,
maintaining, and inspecting storage tanks, pipelines, and other equipment
used for handling oil;
(C) schedules, methods, and procedures for conducting
accidental discharge response drills;
(D) whether the facility's oil spill response capability
will primarily be based on contracts or agreements with third parties
or on the facility's own personnel and equipment;
(E) planned response actions, the chain of command,
lines of communication, and procedures for notifying the GLO, emergency
response and public safety entities, other agencies, and neighboring
facilities in the event of an unauthorized discharge of oil;
(F) oil spill response equipment and supplies located
at the facility, their ownership and location, and the time required
to deploy them;
(G) if the facility owns and maintains oil spill response
equipment, the schedules, methods, and procedures for maintaining
the equipment in a state of constant readiness for deployment;
Cont'd... |
