[Title 32 CFR I]
[Code of Federal Regulations (annual edition) - July 1, 2003 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter V - DEPARTMENT OF THE ARMY (CONTINUED)]
[Subchapter K - ENVIRONMENTAL QUALITY]
[Part 650 - ENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200-1)]
[Subpart I - Oil and Hazardous Substances Spill Control and Contingency]
[From the U.S. Government Printing Office]
3242003-07-012002-07-01trueOil and Hazardous Substances Spill Control and ContingencyISubpart INATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)ENVIRONMENTAL QUALITYENVIRONMENTAL PROTECTION AND ENHANCEMENT (AR 200-1)
Subpart I--Oil and Hazardous Substances Spill Control and Contingency
Plans
General
Sec. 650.201 Purpose.
This chapter sets forth the procedures for the control of discharges
of oil and hazardous substances under the Federal Water Pollution
Control Act (FWPCA) Amendments of 1972 and as promulgated by US
Environmental Protection Agency and US Coast Guard Regulations. Further
guidance on hazardous and toxic materials management appears in subpart
F of this part.
Sec. 650.202 Goal and objectives.
The Department of the Army goal, in support of national policy, is
to prevent the discharge of oil and hazardous substances and to provide
for the prompt, coordinated responses to contain and clean up spills
should they occur. Objectives for attaining this goal are to--
(a) Transport, store, handle, and dispose of oil, fuels, lubricant
products, and hazardous liquid substances in a safe and environmentally
acceptable manner.
(b) Institute a responsive alert procedure in the event of a spill
and be prepared to rapidly respond in the containment and cleanup of a
spill.
(c) Plan for and cooperate with other Federal, State, interstate,
and local Government agencies to ensure that the public health and
welfare are provided adequate protection from discharge of oils and
other hazardous liquid substances.
Sec. 650.203 Explanation of terms.
For the purpose of this regulation and AR 500-60, the following
apply--
(a) Advisory agencies. Departments or agencies which can make major
contributions during response activities for certain types of
discharges. These agencies are: The Nuclear Regulatory Commission;
Department of Health, Education and Welfare; Department of Justice;
Federal Disaster Assistance Administration; and Department of State.
(b) Applicable water quality standards. The water quality standards
adopted by the State and approved by EPA pursuant to section 303 of the
Federal Water Pollution Control Act or promulgated by EPA pursuant to
that section.
(c) Coastal waters. Generally, those US waters navigable by or to be
established by deep draft vessels, the contiguous zone, the high seas,
and other waters subject to tidal influence.
(d) Contiguous zone. The entire zone established by the United
States or to be established by the United States under Article 24 of the
Convention on the Territorial Sea and the Contiguous Zone. This is the
zone contiguous to the territorial sea which extends 200 miles seaward
from the baseline from which the territorial sea is measured.
(e) Discharge. Includes but is not limited to any spilling, leaking,
pumping, pouring, emitting, emptying, or dumping. For the purpose of the
Spill Prevention Control and Countermeasure Plan (SPCC Plan) and the
Installation Spill Contingency Plan (ISCP), the term discharge will not
include any discharge of oil which is authorized by a permit issued by a
Federal or State authority; i.e., issued pursuant to section 13 of the
River and Harbor Act of 1899 (30 Stat. 1121, 33 U.S.C. 407), or sections
402 or 405 of the FWPCA Amendments of 1972 (86 Stat. 816 et seq., 33
U.S.C. 1251 et seq.).
(f) Discharge classifications. The following classifications are
provided for guidance and serve as criteria for reporting and general
response actions. They are not meant to imply or connote associated
degree of hazard to the public health or welfare, or a measure of
environmental damage. A discharge that poses a substantial threat to the
public health or welfare, or results in critical public concern will be
classed as a major discharge, notwithstanding the following quantitative
measures.
(1) Minor discharge. A discharge to the inland waters of less than
1000 gallons of oil, or a discharge of less than 10,000 gallons of oil
to the coastal waters.
(2) Medium discharge. A discharge of 1,000 to 10,000 gallons of oil
to the inland waters, or a discharge of 10,000 to
[[Page 354]]
100,000 gallons of oil to the coastal waters, or a discharge of a
hazardous substance in a harmful quantity as defined in EPA or Army
regulations.
(3) Major discharge. A discharge of more than 10,000 gallons of oil
to the inland waters, or more than 100,000 gallons of oil to the coastal
waters, or a discharge of a hazardous substance that poses a substantial
threat to the public health or welfare.
(g) Hazardous substance. An element or compound, or mixture, (other
than oil) which, when discharged in any quantity onto land or into or
upon navigable or coastal waters, presents an imminent and substantial
danger to the public health or welfare, including fish, shellfish,
wildlife, shorelines, and beaches; (e.g., hazardous substances include
strong acids, strong bases, potentially toxic pesticides, or other bulk-
stored chemicals used in manufacturing processes and maintenance or
repair operations).
(h) Inland waters. Generally, those waters upstream from coastal
waters.
(i) Installation on-scene coordinator (IOSC). The official
predesignated by the Army Installation Commander to coordinate and
direct Army control and cleanup efforts at the scene of an oil or
hazardous substance discharge on or adjacent to an Army installation.
(j) Installation response team (IRT). Those collective individuals
on an installation designated to act in an emergency to perform those
functions directed by the IOSC.
(k) National Response Center (NRC). The Washington, DC, headquarters
for coordinating activities relative to pollution emergencies. It is
located at Headquarters, USCG.
(l) National Response Team (NRT). A team of representatives from the
primary and advisory agencies which serves as the national body for
planning and preparedness actions prior to a pollution discharge and for
coordination and advice during a pollution emergency.
(m) Navigable waters of the United States. ``Navigable waters'' as
defined in section 502(7) of the FWPCA and
(1) All navigable waters of the United States, as defined in
judicial decisions prior to passage of the 1972 amendments to the FWPCA
(Pub. L. 92-500), and tributaries of such waters;
(2) Interstate waters;
(3) Intrastate lakes, rivers, and streams which are utilized by
interstate travelers for recreational or other purposes; and
(4) Intrastate lakes, rivers, and streams from which fish or
shellfish are taken and sold in interstate commerce.
(n) Nontransportation-related onshore and offshore facilities.
Includes, but is not limited to, oil storage facilities and related
equipment and appurtenances, as well as fixed bulk plant storage,
terminal oil storage facilities, consumer storage, pumps, and drainage
systems used in the storage of oil. These facilities include--
(1) Waste treatment facilities including in-plant pipelines,
effluent discharge lines, and storage tanks, but excluding waste
treatment facilities located on vessels and terminal storage tanks and
appurtenances for the reception of oily ballast water or tank washings
from vessels and associated systems used for offloading vessels.
(2) Loading racks, transfer hoses, loading arms and other equipment
which are appurtenant to a nontransportation-related facility or
terminal facility and which are used to transfer oil in bulk to or from
highway vehicles or railroad cars.
(3) Highway vehicles and railroad cars which are used for the
transport of oil exclusively within the confines of a nontransportation-
related facility and which are not intended to transport oil in
interstate or intrastate commerce.
(4) Pipeline systems which are used for the transport of oil
exclusively within the confines of a nontransportation-related facility
or terminal facility and which are not intended to transport oil in
interstate or intrastate commerce, but excluding pipeline systems used
to transfer oil in bulk to or from a vessel.
(o) Offshore facility. Any facility of any kind located in, on, or
under any of the navigable waters of the United States, other than a
vessel or public vessel.
(p) Oil. Oil of any kind or in any form, including but not limited
to, petroleum, fuel oil, sludge, oil refuse, and
[[Page 355]]
oil mixed with wastes other than dredged spoil. The terms ``oil'' and
``POL'' are used interchangeably in this regulation.
(q) On-scene coordinator (OSC). The Federal official predesignated
by the EPA or the USCG to coordinate and direct Federal discharge
removal efforts in approved regional contingency plans at the scene of
an oil or hazardous substance discharge.
(r) Onshore facility. Any facility located in, on, or under any land
within the United States, other than submerged lands, which is not a
transportation-related facility.
(s) Person. Includes any individual, firm, corporation, association,
and patnership.
(t) Potential discharge. Any incident or circumstance which
threatens to result in the discharge of oil or a hazardous substance.
(u) Primary agencies. Federal departments or agencies comprising the
NRT and designated to have primary responsibility and resources to
promote effective operation of the National Oil and Hazardous Substances
Pollution Contingency Plan. These agencies are the Departments of
Commerce, Interior, Transportation, Defense, and the Environmental
Protection Agency (EPA).
(v) Public health or welfare. All factors affecting the health and
welfare of man. They include but are not limited to, human health, the
natural environment, fish, shellfish, wildlife, and public and private
property, shorelines, and beaches.
(w) Public vessel. A vessel owned or barefoot chartered and operated
by the United States, or by a State or political subdivision thereof, or
by a foreign nation, except when such vessel is engaged in commerce.
(x) Regional administrator. The Regional Administrator of the EPA,
or his designee, in and for the region in which the facility is located.
(y) Regional Response Center (RRC). The Federal regional site for
the control of pollution emergency response activities. It provides
communications, information storage, and necessary personnel and
facilities to promote the proper functioning and administration of
regional pollution emergency response operations.
(z) Regional Response Team (RRT). A team of regional Federal
representatives of the primary or selected advisory agencies, which acts
within its region as an emergency response team performing functions
similar to those of the NRT.
(aa) Sheen. An iridescent appearance on the surface of water.
(bb) Sludge. An aggregate of oil or oil and other matter of any kind
having a combined specific gravity equivalent to or greater than water.
(cc) Spill event. A discharge of oil or hazardous substance on land
or into or upon the navigable waters of the United States or adjoining
shorelines in harmful quantities. For oil, a harmful quantity is that
oil in excess of established State water quality standards; or that
which causes a film, sheen, or discoloration on the surface of the water
or adjoining shorelines; or quantities in excess of 1,000 U.S. gallons
on land. For other hazardous substances, quantity guidelines will be
published by DAEN-ZCE when information is developed by EPA.
(dd) Toxic pollutant. Those pollutants or combinations of
pollutants, including disease-causing agents, which after discharge and
upon exposure, ingestion, inhalation, or assimilation into any organism,
either directly from the environment or indirectly by ingestion through
food chains, will cause death, disease, behavioral abnormalities,
cancer, genetic mutations, physiological malfunctions (including
malfunctions in reproduction), or physical deformations in such
organisms or their offspring.
(ee) Vessel. Every type of watercraft or other artificial
contrivance used, or capable of being used, as a means of transportation
on water, other than a public vessel.
Sec. 650.204 Policies.
(a) A capability will be established and maintained to respond in
emergency situations to promptly contain and clean up accidental DA-
caused oil discharges and spills of hazardous and toxic substances that
occur at or near Army installations and activities.
(b) Assistance will be provided to contain and clean up non-DA-
caused
[[Page 356]]
spills under the provisions of the National Oil and Hazardous Substances
Pollution Contingency Plan consistent with operational commitments.
(c) All materials (including oils, fuels, petroleum products, and
other hazardous chemicals) will be handled, used, and stored to avoid or
minimize the possibility of an accidental spill and potential pollution
of land, air, and water.
(d) Storage facilities for oil and other hazardous substances (at
date described herein) will be designed to incorporate such safeguards
as dikes, catchment areas, and relief vessels to contain the flow of oil
and hazardous liquids and to minimize the contamination of land and
water resources.
(e) DA agencies will cooperate with the Council on Environmental
Quality, Department of Interior, Department of Transportation, the
Environmental Protection Agency, and the Department of Commerce in the
planning and execution of activities to minimize the possibility of
discharges or mitigating the effects of spills, wherever they occur.
(f) Contracts for disposal of oil or other wastes will contain
provisions that require the disposal method to be in accordance with
Federal, State, and/or local regulations and standards.
(g) Each installation or activity with the capability of storing,
dispensing or discharging oils, oil products, and bulk quantities of
liquid toxic and hazardous substances will prepare, maintain and
implement a current SPCC Plan and an ISCP as specified herein. (The
requirements for a spill prevention plan and a spill contingency plan
may be satisfied by one plan with two distinctive sections--SPCC and
ISCP.)
Sec. 650.205 Implementing guidelines.
(a) The willful discharge of oil, petroleum products or hazardous
and toxic substances from installations, vehicles, aircraft, and
watercraft onto land or into waters is prohibited except in cases of
extreme emergency and if considered essential for the protection of
human life. Every reasonable precaution, therefore, will be taken to
prevent the accidental discharge of oil or petroleum products on land or
water or their vapors to the air.
(b) Oil-water separators will be installed and maintained to reduce
the oil content of oil-water wastes produced from vehicle and equipment
washracks, industrial processes, steam cleaning operations, etc., to
levels specified by Federal, State or local standards.
(c) The discharge of ballast water from vessels will be strictly
controlled either by the use of ship-board or onland oil-water
separators capable of processing accumulated waste waters. Oil and fuel
contaminated wastes produced during the cleaning of fuel storage tanks
and combustion engine components will also be collected and treated for
oil removal prior to discharge.
(d) Waste oil produced on Army installations will be collected,
segregated, and protected to avoid contamination. Where cost effective,
waste oil will be used as a fuel additive in large oil burning heating
plants. Waste oil will not be used as a dust palliative on roads or
other surfaces. If the generating installation does not have the
capability to use the waste oil, it will be offered to other
installations that are located within cost- effective transportation
distances. If the oil cannot be cost-effectively used, it will be
reported to a Defense Property Disposal Office (PDO) in the area for
disposal. If disposal to PDO is economically unfeasible, installation
should make arrangements with local contractors for disposal of waste
products.
(e) Waste water discharges will be monitored for oil content and
other toxic and hazardous substances in accordance with the provisions
of the permits issued under the National Pollutant Discharge Elimination
System (NPDES).
(f) DA will provide representatives to the RRT located in each of
the Standard Federal Regions (figure 9-1) in accordance with
Sec. 650.206. The number of representatives may vary, depending upon the
requirements in that Federal regional area and with details specified in
each regional contingency plan.
(g) The RRT will be activated automatically if a major or
potentially major discharge occurs. In any other pollution emergency,
the RRT may also be activated upon an oral request
[[Page 357]]
by any Primary agency representative to the Chairperson of the RRT. Such
requests for team activation will be confirmed in writing.
(h) During a major pollution discharge involving activation of the
RRT, the IOSC may be directed and controlled by the EPA or USCG OSC.
(i) In the event an installation commander provides assistance on
non-DA caused spills (those not covered by EPA, USCG or the National
Plan) a civil support release and/or reimbursement agreement should be
obtained similar to appendix A, AR 75-15. Paragraph 216011, AR 55-355,
Assistance to Carriers, also provides guidance.
Sec. 650.206 Responsibilities.
(a) Department of the Army Staff.
(1) The Chief of Engineers will--(i) Promulgate basic policies and
procedures for Department of the Army implementation of the National Oil
and Hazardous Substances Pollution Contingency Plan (National Plan) for
Army-caused discharges and for the preparation and implementation of
SPCC and ISCP plans.
(ii) Provide technical direction, design guidance, and engineering
procedures to military installations on implementation of SPCC and ISCP
plans.
(iii) Provide primary and alternate members (for Civil Works) to the
RRT in each of the Standard Federal Regions as required. Nominations
will be provided directly to the Chairman of the RRT.
(2) Deputy Chief of Staff for Operations and Plans will exercise
Army Staff supervision of DA support to the EPA and USCG in the cleanup
of pollution discharges caused by other than Army agencies under the
National Oil and Hazardous Substances Pollution Contingency Plan.
(3) The Inspector General and Auditor General (Army Director of
Safety) will provide assistance and guidance on the safety aspects of
the storage, use, handling, and disposal of hazardous and toxic
substances.
(4) The Surgeon General will provide assistance and guidance on the
health and environmental aspects of the storage, use, handling, and
disposal of hazardous and toxic substances.
(b) Major Army commanders will-- (1) Promulgate instructions for
early preparation and periodic review of the ISCP for prompt
identification, reporting, containment, and cleanup of accidental oil
discharges and spills of hazardous and toxic substances at or near Army
installations.
(2) Initiate a program for an initial survey and periodic evaluation
of oil storage transfer and handling facilities for the purpose of
developing an SPCC Plan for each installation.
(3) Program and budget for personnel, materials and equipment
required for oil and hazardous substances spill prevention, containment
and cleanup activities of DA-caused spills at Army installations.
(c) Commanding General, FORSCOM will--(1) Upon oral request,
confirmed in writing by the EPA or USCG, provide personnel and resources
support in accordance with the provisions of AR 500-60 during activation
of the NRT and/or RRT and implementation of the National Oil and
Hazardous Substances Pollution Contingency Plan. Such support is to be
on a reimbursable basis.
(2) Provide primary and alternate representatives (for military
matters) to the RRT for each Standard Federal Region as required.
Nominations will be provided directly to the Chairman of the RRT.
(d) Installation and activity commanders will--(1) Establish SPCC
plans and ISCP's and procedures to prevent spills and to ensure prompt
reporting, containment, and cleanup of accidental discharges of oil and
hazardous substances that occur at Army installations and nearby
activities.
(2) Perform periodic surveys or inspections to verify compliance
with the provisions of this regulation and to periodically test the
effectiveness of SPCC Plans and ISCP's.
(3) Ensure that all fuels, oils, and hazardous materials (such as
acids, bases, organic solvents, and other toxic chemicals) are used,
stored and handled to avoid or minimize the possibilities of
environmental pollution.
(4) Provide engineering safeguards (such as dikes, catchment areas,
relief vessels) necessary to prevent pollution
[[Page 358]]
of navigable waters by accidental discharge of stored fuels, solvents,
oils, and other chemicals.
(5) Identify in their ISCP (Sec. 650.214) other possible DA
resources that could be made available to the RRT if DA agencies are
requested to assist in the containment and/or cleanup of a non-DA caused
spill in accordance with AR 500-60.
(6) When directed by CG, FORSCOM, provide available resources to
support the OSC during implementation of the National Oil and Hazardous
Substances Pollution Contingency Plan (AR 500-60).
(7) Inform the installation information officer and next higher
information office about the anticipated news media coverage and local
public reaction to an accidental discharge of oil or hazardous
substances.
(8) Program and budget for personnel, materials, equipment, and
training programs required for oil and hazardous substances spill
prevention, containment and cleanup of DA-caused spills.
(9) Determine, for DA-caused off-post spills in the immediate
vicinity of the installation, if his military organization is within the
most reasonable distance of the pollution discharge and if he has the
resource capability to respond to the discharge incident. If he does not
respond to the containment and cleanup of the spill, the installation
commander will ensure that the RRT and appropriate DOD agencies are
notified for necessary action.
(10) Ensure that all reportable spills of oil and hazardous
substances are reported through channels to DAEN-ZCE and to EPA, USCG or
other civil authorities (Secs. 650.215 through 650.218).
Sec. 650.207 References.
See table 9-1 for related publications to be used in conjunction
with this subpart.
Spill Prevention Control and Countermeasure Plan
Sec. 650.208 General.
Regulations have been issued by the U.S. Environmental Protection
Agency (EPA), as required by the Federal Water Pollution Control Act
(FWPCA) amendments of 1972, to prevent discharges of oil into the
navigable waters of the United States and to contain these discharges if
they do occur. These regulations require installations having certain
nontransportation-related onshore and offshore oil storage facilities
(as described below) to prepare, maintain, and implement a Spill
Prevention Control and Countermeasure Plan (SPCC plan) to prevent and
control the discharge of oil and hazardous substances before they occur.
(a) The SPCC plan will identify potential sources of oil and
hazardous substances and the measures required to prevent and contain
any accidental discharge resulting from equipment or storage facility
failure. The SPCC plan is directed by Title 40 CFR part 112, copies of
which are available from the EPA, Washington, DC 20242 or from any EPA
regional office.
(b) Army installations will prepare and implement a current SPCC
plan when their oil or hazardous substance storage facilities meet any
one of the following:
(1) Aggregate above-ground oil storage, at any one location on the
installation, is greater than 1,320 gallons.
(2) Any single tank above-ground oil storage, at any one location on
the installation, is greater than 660 gallons.
(3) Total underground oil storage, at any one location on the
installation, is greater than 42,000 gallons.
(4) Single bulk storage of hazardous liquid substances (acids,
chemical solvents, etc.) is greater than 500 gallons. The 500 gallon
limit represents that total combined quantity of hazardous liquid
substance at a single storage location on an installation.
(5) Nontransportation-related onshore and offshore facilities which,
because of their location or operations, could reasonably be expected to
discharge oil or hazardous material in harmful quantities into or upon
the navigable waters of the United States.
(c) For purposes of an SPCC plan, the oil storage facilities will
include, but not be limited to, storage for a facility such as a heating
or boiler plant, electric generating unit, fuel dispensing or transfer
facility, tank car or truck
[[Page 359]]
loading/unloading rack, bulk fuel storage, etc. An above-ground or
underground oil storage facility may be a single tank or grouping of
tanks in a localized area on an installation.
Sec. 650.209 Preparation and implementation of plan.
(a) An SPCC plan will be prepared expeditiously by each installation
having oil or hazardous substances storage facilities as required in
Sec. 650.208(b), and each plan will be periodically reviewed triennially
and updated as necessary.
(b) Completed plans will be fully implemented (including required
construction and installation of equipment and/or training of personnel)
as soon as possible after January 10, 1975. Newly activated
installations will prepare an SPCC plan within 6 months after the date
they begin operation and will fully implement it not later than 1 year
after operations begin.
(c) An extension of time for the preparation and full implementation
of an SPCC Plan beyond the times specified may be obtained from the EPA
Regional Administrator. A copy of any request for an extension will be
furnished through command channels to HQDA (DAEN--ZCE) Wash., DC 20310.
Sec. 650.210 Review and evaluation.
Each SPCC plan will be--
(a) Reviewed by a registered professional engineer (PE) and
certified to have been prepared in accordance with good engineering
practices, after onsite examination of the facility, and after
familiarity with title 40 CFR part 112. This certification may be
accomplished by a PE at the next higher command if no PE is available at
the installation.
(b) Original and changes maintained current and reviewed by a
registered professional engineer and will be made available for onsite
review by the EPA regional administrator at the office of the facilities
engineer. Copies of all original plans and changes will also be filed at
appropriate MACOM environmental office.
(c) Reviewed and evaluated at least once every 3 years. If the
review shows that more effective prevention and control technology will
significantly reduce the likelihood of a spill event and if the
technology has been field-proven and can be procured and installed at
the time of the review, the DA component will amend the SPCC plan to
include the more effective technology and have it certified by a
registered professional engineer. Technological improvements should be
included in Operation and Maintenance, Army or Major Construction, Army
budgets as appropriate.
(d) Reviewed and amended in accordance with Sec. 650.216, as
required by the EPA Regional Administrator, whenever a facility has
discharged more than 1,000 US gallons of oil into the navigable waters
in a single spill event or when there have been two spill events within
any 12-month period.
Sec. 650.211 Minimum plan requirements.
As a minimum, the SPCC plan will contain--
(a) A detailed description of the equipment and measures specified
for oil spill prevention, control, and countermeasure, including
structures and equipment for diversion and containment of discharges,
facility drainage, and identification of resources to cleanup spills.
Measures adopted should permit as far as practical reclamation of
spilled substance. Many prevention and control requirements are similar
to safety requirements for the design and operation of oil tanks,
pipelines and pumping facilities.
(b) A description of each nontransportation-related spill event that
has occurred at that facility within the past 12 months with corrective
actions taken, and plans for preventing recurrence.
(c) An inventory list of storage, handling, and transfer facilities
for which there is a reasonable possibility of a significant discharge
of oil or other hazardous polluting substances. For each listing, where
experience indicates a reasonable potential for equipment failure (e.g.,
tank overflow, rupture, or leakage), include a prediction of the
direction, rate of flow, and total quantity of oil which could be
discharged as a result of a major type of failure.
(d) A graphic description showing all containment and/or
diversionary structures or equipment required to prevent
[[Page 360]]
discharged oil from reaching a navigable water course. Included among
the various preventive measures that can be employed are: Impervious
berm and dike; curbing; culverting, gutters, or other drainage systems;
weirs, booms, or other barriers; spill diversion ponds; and retention
ponds. If it is not practicable to install structures, sorbent materials
such as straw or commercial products can be used for containment or
cleanup of spills at locations specified in the plan.
(e) When it is determined that the installation of the preventative
structures or equipment listed in Sec. 650.211(d) is not practicable,
the installation commander will demonstrate fully such impracticability
and include the written provisions of the Installation Spill Contingency
Plan (ISCP) in this section of the SPCC plan.
Sec. 650.212 Detailed guidance.
In addition to the minimum prevention measures (Sec. 650.211),
sections of the SPCC plan will include a written analysis and complete
discussion of conformance with applicable guidelines on other effective
spill prevention and containment procedures. The guidelines are
described in title 40 CFR 112.7(e) and cover the following areas:
(a) Onshore facility diked storage drainage areas including valve
restraints.
(b) Onshore bulk storage tank and dike construction material, liquid
alarm systems and sensing devices.
(c) Facility transfer operations criteria for piping, valves, and
inspection requirements.
(d) Facility tank car and tank truck loading/unloading rack,
barriers, and warning requirements.
(e) Field storage, mobile, and portable fueling facilities such as
bladders and tank trucks (See 40 CFR 112.3).
(f) Inspections and records procedures.
(g) Security fencing, pump control, pipeline connections, and
lighting systems devices.
(h) Personnel, training, and spill prevention procedures.
Installation Spill Contingency Plan
Sec. 650.213 General.
A National Oil and Hazardous Substances Pollution Contingency Plan
was developed in accordance with the provisions of the Federal Water
Pollution Control Act (FWPCA) Amendments of 1972 (33 U.S.C. 1151 et
seq.) and requires Federal agencies to develop a plan to clean up
discharges of oil and hazardous substances for which they are
responsible. Commanders will maintain an Installation Spill Contingency
Plan (ISCP) to identify resources to be used to clean up discharges on
Army installations and will be prepared to provide assistance to non-DA
agencies when requested. (AR 500-60 provides policy and guidance for the
DA response to the National Oil and Hazardous Substance Pollution
Contingency Plan to assist EPA and the USCG in spills caused by other
than DA agencies.)
(a) The ISCP will establish the responsibilities, duties,
procedures, and resources to be employed, to contain and clean up
accidental discharges.
(b) All Army installations will maintain a current ISCP which will
be reviewed and evaluated at least once every 3 years.
(c) The resources identified for possible use by a RRT in support of
the National Oil and Hazardous Substances Pollution Contingency Plan are
to be specifically identified as an element of the ISCP.
(d) The ISCP will be simulated at least annually by the installation
commander in coordination with the responsible officers of the SPCC Plan
in order to ensure timely and effective personnel and equipment response
in the event of an accidental discharge.
(e) Copies of original ISCP and any changes will be kept on file at
installation facility engineer (FE) office and at MACOM environmental
office.
(f) All Army installations will establish a thorough training
program for oil spill response personnel.
Sec. 650.214 Minimum plan requirements.
As a minimum the ISCP will contain--
[[Page 361]]
(a) The name, responsibilities and duties of the IOSC. The IOSC is
the official predesignated by the installation commander to coordinate
and direct Army control and cleanup efforts at the scene of an Army
caused oil or hazardous substance discharge on or adjacent to an Army
installation.
(b) The specification, composition, and training plans of the IRT
which acts as an emergency response team performing response functions
as defined and directed by the IOSC. A preplanned location for an
installation response operations center.
(c) IRT alert and mobilization procedures including provisions for
access to a reliable communications system for timely notification of an
oil or hazardous substance discharge.
(d) A current list of positions, telephone numbers, and addresses
(e.g., names of key contact people in an ISCP appendix) of the
responsible persons and alternates on call to receive notification of an
oil or hazardous substance discharge as well as the names, telephone
numbers and addresses of key organizations and agencies to be notified
when a discharge is discovered.
(e) Surveillance procedures for the early detection of oil and
hazardous substances discharges.
(f) Quantities and locations of manpower, equipment, vehicles,
supplies, and material resources required to expeditiously contain,
recover, and remove any maximum harmful quantity of oil or hazardous
substance discharged by Army activities on post or at nearby Army
operations. Plans will identify specific action for various size
potential spills, (identified in the SPCC Plan inventory list
(Sec. 650.211(c))), and will identify a priority list in which various
critical water uses are to protected as a result of a discharge.
(g) Sources of additional resources that are available to an
installation for the cleanup or reclamation of a large DA-caused spill,
if such a pollution spill exceeds the response capability of the
installation (e.g., resources such as U.S. Coast Guard, Air Force, Navy
or private contractors). An established, prearranged procedure for
requesting assistance, and agreements for acquisition of resources,
during a major disaster or response exceeding situation.
(h) Procedures and techniques to be employed in identifying,
containing, dispersing, reclaiming and removing oil and hazardous
substances used in bulk quantity on an installation. Identification of
chemicals (whose technical product data has been provided to and
accepted by EPA) that may be used to concentrate, neutralize, collect,
disperse and remove oil or hazardous substances discharges. Pollution
control actions taken will be in accordance with applicable Federal,
State, or local standards, EPA guidelines, and the current National Oil
and Hazardous Substances Pollution Contingency Plan.
(i) Reporting procedures as required by Secs. 650.215 and 650.216 in
the event of an oil or hazardous substance discharge by Army activities.
(j) Army resources useful to the RRT in the event Army agencies are
tasked to aid in the cleanup of a non-Army caused spill. Specific
procedures to facilitate recovery of costs encountered during cleanup of
non-Army spills are given in AR 500-60.
Reports of Army Accidental Oil and Hazardous Substances Discharges
Sec. 650.215 General.
In the event of any spill, responsive actions will be taken to
prevent oil and hazardous substances from entering any navigable waters
or water supplies. All personnel assigned or employed by the Department
of the Army will promptly report any observed oil spill, significant
discharges of hazardous and toxic substances, or evidence of a spill by
discovery of a slick or sheen on water from oil, gasoline, jet fuel, or
other hazardous polluting substance. Spill events will be reported
immediately by telephonic means to the EPA Regional Office, U.S. Coast
Guard District Office or National Response Center (800) 424-8802. On-
post spill events not entering navigable waters are to be reported
promptly and completely, but EPA or USCG may not require further
reporting in accordance with Sec. 650.216. Off-post incidents will be
reported as above and to the nearest or appropriate political
jurisdiction and to the RRT at the RRC.
[[Page 362]]
Sec. 650.216 Pollution Incident Report (RCS EPA 1001).
(a) Medium and major spills (Sec. 650.203) and any discharge of more
than 1,000 U.S. gallons of oil or a spill of more than 500 U.S. gallons
of other hazardous liquid substance into navigable waters on or adjacent
to an Army installation in the United States will be promptly reported
by the IOSC by telephonic means to (800) 424-8802, or to the nearest
USCG District Office, to the EPA Regional Office, and electronically
through channels to HQDA (DAEN-ZCE), Wash., DC 20310. (See Figures 9-1
and 9-2 for regions and districts.)
(1) When it has been determined by the OSC that a spill of a
hazardous substance (less than 500 gallons) is in a harmful quantity or
that the discharge poses a substantial threat to the public health or
welfare, it will be classed as a medium or major discharge and a
Pollution Incident Report will be submitted.
(2) The format for the Pollution Incident Report is given in table
9-2.
(3) Telephonic or electronic reports will be confirmed by a follow-
up written message within 30 days after the spill to the EPA Regional
Administrator, the NRT or RRT, as appropriate, and to DAEN-ZCE.
(b) When more than 1,000 U.S. gallons of oil (medium and major
spills) or more than 500 U.S. gallons of a hazardous liquid substance
(or any major discharge of a hazardous substance) have been discharged
into or upon a navigable water in a single spill or when two spill
events occur within any 12-month period, this written follow-up report
will contain (in addition to the items in table 9-2) the following:
(1) Description of facility from which spill originated (including
maps, flow diagrams, and topographic maps); date facility was put into
operation; storage or handling capacity; and normal daily/weekly
through-put.
(2) Cause of spill, including a failure analysis of system or
subsystem in which the failure occurred. Describe unique problems
encountered.
(3) Post spill corrective actions, including resources committed,
attempts to reclaim spilled substance and/or countermeasures taken.
Include a description of equipment repairs and/or replacements.
(4) Effectiveness of response and removal actions by the discharger,
State and local forces, or Federal agencies and special forces.
(5) Additional preventive measures taken or contemplated to minimize
the possibility of a recurrence and recommendations to improve response
actions and chances for reclaiming if a similar spill should occur.
(6) A complete copy of the SPCC plan with any amendments.
(c) Based on the above spill report information, the EPA Regional
Administrator may require amendments to the SPCC plan and will notify
the commander concerned by certified mail. A copy of such report will
also be submitted to the State water pollution control authority.
(d) Upon discovery of a spill in which the pollutant may flow past
the boundary of the installation, or a spill into navigable waters, or a
spill from a vessel, the IOSC will notify the installation judge
advocate's office to ensure that information, records, and samples
adequate for legal purposes are obtained and safeguarded for future use.
Sec. 650.217 Reports on DA support provided to control non-DA spills.
Reports on the commitment of Army resources to spills, either
requested by EPA or USCG, or by authority of the installation commander,
in response to the provisions of the National Oil and Hazardous
Substance Pollution Contingency Plan will be provided to Director of
Military Support HQDA (DAMO-MS) WASH DC 20310, in accordance with the
provisions of AR 500-60.
Sec. 650.218 Exclusions.
(a) Policies and procedures applicable to nuclear accidents and
incidents as outlined in AR 360-5, AR 50-5, and AR 40-13 are not
affected by this regulation.
(b) Policies and procedures applicable to chemical agent accidents
and incidents as outlined in AR 50-5 and AR 385-40 are not affected by
this regulation.
[[Page 363]]
Table 9-1--Related Publications
Council on Environmental Quality--National Oil and Hazardous
Substances Pollution Contingency Plan (40 FR 28, p. 6282, February 10,
1975).
EPA--Oil Pollution Prevention, Non-Transportation-Related Onshore
and Offshore Facilities (38 FR 237, p. 34164, December 11, 1973).
The Federal Water Pollution Control Act Amendments of 1972 (title 33
U.S.C. 1251 et seq.).
River and Harbor Act of 1899 (30 Stat. 1121, 33 U.S.C. 407).
Executive Order 11752, Prevention, Control and Abatement of
Environmental Pollution at Federal Facilities (38 FR 243, p. 34793).
Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat.
1052).
Department of Transportation--Discharge of Oil (title 40 U.S.C. part
110).
Pollution Prevention, Vessel and Oil Transfer Facilities, CFR title
33, chapter 1, subchapter O, US Coast Guard.
AR 40-13 Radiological Emergency Medical Teams (REMT).
AR 50-5 Nuclear Surety.
AR 50-6 Chemical Surety.
AR 50-21 Chemical Accident and Incident Control (CAIC).
AR 55-355 Military Traffic Management Regulation.
AR 56-9 Watercraft.
AR 75-15 Responsibilities and Procedures for Explosive Ordinance
Disposal.
AR 385-10 Army Safety Program.
AR 385-40 Accident Reporting and Records.
AR 500-60 Disaster Relief.
TB 55-1900-206-14 Control and Abatement of Pollution by Army
Watercraft.
Table 9-2--Format for Pollution Incident Report (RCS EPA-1001)
Item Data
1............................. Name and location of installation.
2............................. Commander of installation and his phone
number.
3............................. Date and time (GMT) of incident or time
of discovery.
4............................. Severity of incident. Specify size of
oil discharge (major, medium, minor).
5............................. Location of incident and specific areas
affected by spill.
6............................. Cause and source of incident.
7............................. Type and estimated amount (barrels,
gallons, liters, pounds) of pollutant.
If applicable, length by width of
slick.
8............................. Samples taken (yes or no).
9............................. Damage impact on surroundings (fish,
wildlife, and underground waters, e.g.
drinking water).
10............................ Potential dangers (fire, explosion,
toxic vapor, etc.).
11............................ Corrective action to eliminate pollution
source.
12............................ Corrective action to remove pollutant.
13............................ Assistance required.
14............................ Estimated completion date of remedial
actions.
15............................ Anticipated or actual reaction by news
media and public to the incident.
16............................ Other items required in the regional
contingency plan and a general
discussion of the incident.
Table 9-3--Environmental Protection Agency
regional offices
Environmental Protection Agency, Region I, Room 2303, John F. Kennedy
Federal Building, Boston, MA 02203, Tel: (617) 223-7265.
Environmental Protection Agency, Region II, Room 908, 26 Federal Plaza,
New York, NY 10007, Tel: (201) 548-8730.
Environmental Protection Agency, Region III, Curtis Bldg., 6th and
Walnut Streets, Philadelphia, PA 19106, Tel: (215) 597-9898.
Environmental Protection Agency, Region IV, 345 Peachtree St., NE.,
Atlanta, GA. 30308, Tel: (404) 881-4062.
Environmental Protection Agency, Region V, Federal Building, 230 South
Dearborn Street, Chicago, ILL 60604, Tel: (312) 896-7591.
Environmental Protection Agency, Region VI, Suite 1600, 1600 Patterson
St., Dallas, TX 75201, Tel: (214) 749-3840.
Environmental Protection Agency, Region VII, 1735 Baltimore Ave., Kansas
City, MO 64108, Tel: (816) 374-3778.
Environmental Protection Agency, Region VIII, Suite 900, 1860 Lincoln
Street, Denver, CO 80203, Tel: (303) 837-3880.
Environmental Protection Agency, Region IX, 100 California Street, San
Francisco, CA 94111, Tel: (415) 556-6254.
Environmental Protection Agency, Region X, 1200 Sixth Avenue, Seattle,
WA 98101, Tel: (206) 442-4343.
Telephone numbers are 24 hour working numbers either through
automatic switching or provision of answering services.
Table 9-4--Department of Transportation
us coast guard districts
1st Coast Guard District (I), 150 Causeway Street, Boston, MA 02114,
Duty Officer: (617) 223-6650.
2nd Coast Guard District, Federal Building, 1520 Market Street, St.
Louis, MO 63101, Duty Officer: (314) 622-4614.
[[Page 364]]
3rd Coast Guard District (II), Governors Island, New York, NY 10004,
Duty Officer: (212) 264-4800.
5th Coast Guard District (III), Federal Building, 431 Crawford Street,
Portsmouth, VA 23705, Duty Officer: (703) 393-9611.
7th Coast Guard District (IV), Room 1012, 1018, Federal Bldg., 51 SW.
1st Avenue, Miami, FL 33130, Duty Officer: (305) 350-5611.
8th Coast Guard District (VI), Customhouse, New Orleans, LA 70130, Duty
Officer: (504) 527-6225.
9th Coast Guard District (V), 1240 East 9th Street, Cleveland, OH 44199,
Duty Officer: (216) 522-3984.
11th Coast Guard District, Heartwell Bldg., 19 Pine Avenue, Long Beach,
CA 90802, Duty Officer: (213) 590-2311.
12th Coast Guard District (IX), 630 Sansome Street, San Francisco, CA
94126, Duty Officer: (415) 556-5500.
13th Coast Guard District (X), 618 2nd Avenue, Seattle, WA 98104, Duty
Officer: (206) 524-2902.
14th Coast Guard District, P.O. Box 45, FPO San Francisco, CA 96610,
Duty Officer: (808) 546-7109 (Commercial only), AUTOVON--421-4845.
17th Coast Guard District, FPO Seattle, WA 98771, Duty Officer: (907)
586-7340 (Commercial only), AUTOVON--388-1121.
Telephone numbers shown are available and manned 24 hours (''')
denotes district office where coastal regional Contingency Plans for
standard Federal regions are available.
[[Page 365]]
[GRAPHIC] [TIFF OMITTED] TC19OC91.000
[[Page 366]]
[GRAPHIC] [TIFF OMITTED] TC19OC91.001
[[Page 367]]