[Federal Register Volume 59, Number 126 (Friday, July 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15404]


[[Page Unknown]]

[Federal Register: July 1, 1994]


_______________________________________________________________________

Part III





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 9 and 112




Oil Pollution Prevention; Non-Transportation-Related Onshore 
Facilities; Final Rule
ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 112

[SW H-FRL 5002-6]
RIN 2050-AD30

 
Oil Pollution Prevention; Non-Transportation-Related Onshore 
Facilities

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This rule amends the Oil Pollution Prevention regulation, 
promulgated under the Clean Water Act for transportation-related 
onshore and offshore facilities. The revision incorporates new 
requirements added by the Oil Pollution Act of 1990 that direct certain 
facility owners and operators to prepare plans for responding to a 
worst case discharge of oil and to a substantial threat of such a 
discharge. Requirements to plan for a small and medium discharge of 
oil, as appropriate, are also added by this revision.

EFFECTIVE DATE: August 30, 1994.

ADDRESSES: The official record for this rulemaking is located in the 
Superfund Docket, Room M2615 at the U.S. Environmental Protection 
Agency, 401 M Street SW., Washington, DC 20460 [Docket Number SPCC-2P]. 
The docket is available for inspection between 9 a.m. and 4 p.m., 
Monday through Friday, excluding Federal holidays. Appointments to 
review the docket can be made by calling 202-260-3046. The public may 
copy a maximum of 266 pages from any regulatory docket at no cost. If 
the number of pages copied exceeds 266, however, a charge of 15 cents 
will be incurred for each additional page, plus a $25.00 administrative 
fee.

FOR FURTHER INFORMATION CONTACT: Bobbie Lively-Diebold, Oil Pollution 
Response and Abatement Branch, Emergency Response Division (5202G), 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460 at 703-356-8774; the ERNS/SPCC Information line at 202-260-2342; 
or the RCRA/Superfund Hotline at 800-424-9346 (in the Washington, DC 
metropolitan area, 703-412-9810). The Telecommunications Device for the 
Deaf (TDD) Hotline number is 800-553-7672 (in the Washington, DC 
metropolitan area, 703-412-3323).

SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in 
the following outline:

I. Introduction
    A. Statutory Authority
    B. The Oil Pollution Act of 1990
    C. Background of the Rulemaking
II. Summary of Revisions to the Oil Pollution Prevention Regulation
    A. Summary of Approach to Implementing Facility Response Plan 
Requirements
    B. Response to Major Issues Raised by Commenters
    C. Section-by-Section Analysis
III. Regulatory Analyses
    A. Executive Order 12866
    B. Regulatory Flexibility Act
    C. Paperwork Reduction Act
    D. Display of OMB Control Numbers

I. Introduction

A. Statutory Authority

    Section 4202(a)(6) of the Oil Pollution Act of 1990 (OPA), Public 
Law 101-380, amends section 311(j) of the Federal Water Pollution 
Control Act, also known as the Clean Water Act (CWA), and under CWA 
section 311(j)(5) (See 33 U.S.C. 1321(j)(5)) directs the President to 
issue regulations that require owners or operators of tank vessels, 
offshore facilities, and certain onshore facilities to prepare and 
submit to the President plans for, among other things, responding, to 
the maximum extent practicable, to a worst case discharge of oil and to 
a substantial threat of such a discharge.
    Section 311(j)(1)(C) of the CWA authorizes the President to issue 
regulations establishing procedures, methods, equipment, and other 
requirements to prevent discharges of oil from vessels and facilities 
and to contain such discharges. (See 33 U.S.C. 1321(j)(1)(C).) The 
President has delegated the authority to regulate non-transportation-
related onshore facilities under sections 311(j)(1)(C) and 311(j)(5) of 
the CWA to the U.S. Environmental Protection Agency (EPA or the 
Agency). (See Executive Order (E.O.) 12777, section 2(b)(1), 56 FR 
54757 (October 22, 1991), superseding E.O. 11735, 38 FR 21243.) By this 
same E.O., the President has delegated similar authority over 
transportation-related onshore facilities, deepwater ports, and vessels 
to the U.S. Department of Transportation (DOT), and authority over 
other offshore facilities, including associated pipelines, to the U.S. 
Department of the Interior (DOI). A Memorandum of Understanding (MOU) 
among EPA, DOI, and DOT effective February 3, 1994, has redelegated the 
responsibility to regulate certain offshore facilities located in and 
along the Great Lakes, rivers, coastal wetlands, and the Gulf Coast 
barrier islands from DOI to EPA. (See E.O. 12777 Sec. 2(i) regarding 
authority to redelegate.) The MOU is included as Appendix B to 40 CFR 
part 112. An MOU between the Secretary of Transportation and the EPA 
Administrator, dated November 24, 1971 (36 FR 24080, December 18, 
1971), establishes the definitions of non-transportation-related 
facilities and transportation-related facilities. The definitions from 
the MOU are currently included in Appendix A to 40 CFR part 112.

B. The Oil Pollution Act of 1990

    The OPA (Public Law 101-380, 104 Stat. 484) was enacted to expand 
prevention and preparedness activities, improve response capabilities, 
ensure that shippers and oil companies pay the costs of spills that do 
occur, provide an additional economic incentive to prevent spills 
through increased penalties and enhanced enforcement, establish an 
expanded research and development program, and establish a new Oil 
Spill Liability Trust Fund, administered by the U.S. Coast Guard 
(USCG). As provided in sections 2002(b), 2003, and 2004 of the OPA, the 
new Fund replaces the fund originally established under section 311(k) 
of the CWA and other oil pollution funds.
    Section 4202(a) of the OPA amends CWA section 311(j) to require 
regulations for owners or operators of facilities to prepare and submit 
``a plan for responding, to the maximum extent practicable, to a worst 
case discharge, and to a substantial threat of such a discharge, of oil 
or a hazardous substance.'' This requirement applies to all offshore 
facilities and any onshore facility that, ``because of its location, 
could reasonably be expected to cause substantial harm to the 
environment by discharging into or on the navigable waters, adjoining 
shorelines, or the exclusive economic zone'' (``substantial harm 
facilities''). As stated in the February 17, 1993 proposed rule (58 FR 
8824), this rulemaking addresses only plans for responding to 
discharges of oil.
    Under CWA and the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), the United States has 
developed a National Oil and Hazardous Substances Pollution Contingency 
Plan (NCP) (40 CFR part 300) and has established Area Committees to 
develop Area Contingency Plans (ACPs) as elements of a comprehensive 
oil and hazardous substance spill response system. As amended by the 
OPA, CWA section 311(j)(5)(C) sets forth certain minimum requirements 
for facility response plans. The plans must:
     Be consistent with the requirements of the NCP and ACPs;
     Identify the qualified individual having full authority to 
implement removal actions, and require immediate communications between 
that individual and the appropriate Federal official and the persons 
providing removal personnel and equipment;
     Identify and ensure by contract or other approved means 
the availability of private personnel and equipment necessary to 
remove, to the maximum extent practicable, a worst case discharge 
(including a discharge resulting from fire or explosion), and to 
mitigate or prevent a substantial threat of such a discharge;
     Describe the training, equipment testing, periodic 
unannounced drills, and response actions of persons at the facility, to 
be carried out under the plan to ensure the safety of the facility and 
to mitigate or prevent a discharge or the substantial threat of a 
discharge; and
     Be updated periodically.
    Under section 311(j)(5)(D), additional review and approval 
provisions apply to response plans prepared for offshore facilities and 
for onshore facilities that, because of their location, ``could 
reasonably be expected to cause significant and substantial harm to the 
environment by discharging into or on the navigable waters or adjoining 
shorelines or the exclusive economic zone'' (emphasis added) 
(``significant and substantial harm facilities''). Under authority 
delegated in E.O. 12777, EPA is responsible for the following 
activities for each of these response plans at non-transportation-
related onshore facilities:
     Promptly reviewing the response plan;
     Requiring amendments to any plan that does not meet the 
section 311(j)(5) requirements;
     Approving any plan that meets these requirements; and
     Reviewing each plan periodically thereafter.
    The CWA and the OPA require that owners or operators of 
``substantial harm facilities'' submit their response plans to EPA (as 
delegated by the President in E.O. 12777) by February 18, 1993, or stop 
handling, storing, or transporting oil. In addition, under CWA section 
311(j)(5) and OPA section 4202(b)(4), a facility required to prepare 
and submit a response plan under the OPA may not handle, store, or 
transport oil after August 18, 1993 unless: (1) in the case of a 
facility for which a plan is reviewed by EPA, the plan has been 
approved by EPA; and (2) the facility is operating in compliance with 
the plan. The statute provides that a ``significant and substantial 
harm facility'' may be allowed to operate without an approved response 
plan for up to two years after the facility submits a plan for review 
(no later than February 18, 1995), if the owner or operator certifies 
that he or she has ensured by contract or other approved means the 
availability of private personnel and equipment necessary to respond, 
to the maximum extent practicable, to a worst case discharge of oil, or 
a substantial threat of such a discharge. Owners or operators of 
``substantial harm facilities'' are not required to have their plans 
approved by EPA, but, are required to operate in compliance with their 
plans after August 18, 1993.
    Under the OPA, facility owners or operators who fail to comply with 
section 311(j) requirements are subject to new administrative penalties 
and more stringent judicial penalties than those imposed previously 
under the CWA. Section 4301(b) of the OPA amends CWA section 311(b) to 
authorize a civil judicial penalty of $25,000 per day of violation for 
failure to comply with regulations under CWA section 311(j). In 
addition to these civil penalties, OPA section 4301(b) amends CWA 
section 311(b) to authorize administrative penalties for failure to 
comply with section 311(j) regulations of up to $10,000 per violation, 
not to exceed $25,000 for Class I penalties, and up to $10,000 per day 
per violation, not to exceed $125,000 for Class II penalties. The 
differences between ``Class I'' and ``Class II'' administrative 
penalties are the amounts of the potential penalties and the hearing 
procedures used (for instance, Class II procedures will generally 
ensure the owner or operator a more extensive opportunity to be heard 
through the proceedings). These revised penalty provisions are 
applicable to violations occurring after the August 18, 1990, enactment 
of the OPA. Violations occurring before enactment of the OPA remain 
subject to penalty provisions originally set forth in CWA section 311.

C. Background of the Rulemaking

Jurisdictional Issues
    Although the issue was not raised specifically in the proposed 
rule, the question of clarifying jurisdiction is a pervasive issue in 
this rulemaking, because there are a number of regulatory agencies with 
OPA authority over the same or similar entities.
    By E.O. 12777, the President delegated certain OPA authorities to 
EPA, DOI, and DOT. By terms of the E.O., EPA must develop response plan 
regulations for onshore non-transportation-related facilities, while 
the Minerals Management Service (MMS) in DOI is granted similar 
authority for offshore non-transportation-related facilities. The USCG 
must develop requirements for vessels and offshore transportation-
related facilities, and the Research and Special Programs 
Administration (RSPA) has responsibility for onshore pipelines and 
rolling stock. (The USCG and RSPA are agencies in DOT.)
    As it applies to the CWA, the term ``offshore facility'' means any 
facility of any kind located in, on, or under any of the navigable 
waters of the United States, and any facility of any kind that is 
subject to the jurisdiction of the United States and is located in, on, 
or under any other waters, other than a vessel or a public vessel. (See 
CWA section 311(a)(ii).) The combined effect of this definition and the 
delegations under E.O. 12777 gives DOI (MMS) responsibility for non-
transportation-related fixed offshore facilities in inland lakes and 
rivers. (See E.O. Sec. 2(b)(3).)
    However, EPA, DOI-MMS, and DOT have agreed that EPA responsibility 
should extend to these non-transportation-related fixed offshore 
facilities in inland lakes and rivers, because EPA has the expertise to 
provide oversight of facility functions, and because the maintenance of 
continuity in oversight will facilitate compliance for the regulated 
community. Under Sec. 2(i) of E.O. 12777, the President authorized EPA, 
DOI, and DOT to redelegate any of their responsibilities under the OPA 
to the head of any Executive department or agency with the consent of 
the agency head. The Secretaries of DOI and DOT, and the Administrator 
of EPA signed an MOU on February 3, 1994, that gives to EPA 
jurisdiction all non-transportation-related fixed facilities located 
landward of the ``coast line.'' For purposes of the MOU, the term 
``coast line'' is defined as in the Submerged Land Act (43 U.S.C. 
1301(c)) to mean ``the line of ordinary low water along that portion of 
the coast that is in direct contact with the open sea and the line 
marking the seaward limit of inland waters.'' MMS has prepared detailed 
charts that reflect the position of the ``coast line'' and can be 
contacted for additional information on the status of a particular 
facility.
    EPA does not address response plan requirements for non-
transportation- related fixed offshore facilities in this final rule, 
but will do so under a separate rulemaking. However, because EPA now 
has jurisdictional responsibility over such facilities, response plans 
for these facilities must be submitted to EPA rather than to MMS. Until 
EPA promulgates a rule for non-transportation-related fixed offshore 
facilities formerly under MMS authority, the Agency will review 
response plans for these facilities under the OPA statutory criteria. 
Until such a rule is promulgated, these facilities should look to this 
final rule as guidance.
Coordination with Other Federal Programs
    Federal and State Government Coordination Efforts. EPA and other 
Federal agencies with jurisdiction under the OPA and E.O. 12777 
(including the USCG, the Office of Pipeline Safety in RSPA, and MMS) 
met during the development of this rule to create an implementation 
strategy that minimizes duplication wherever practicable and recognizes 
State oil pollution prevention and response programs. The Agency also 
participated in a workgroup with representatives from the National 
Oceanic and Atmospheric Administration (NOAA), the Fish and Wildlife 
Service, the National Park Service, and other Federal agencies. These 
meetings and workgroup sessions were held to develop a consistent 
approach among Federal agencies and between Federal and State 
governments for oil response planning, and to develop guidelines and 
evaluation criteria for drills/exercises and training conducted to meet 
the OPA requirements and for identification of ``environmentally 
sensitive areas'' (now ``fish and wildlife and sensitive 
environments'').\1\ These meetings were held at various times from 
January 1993 to January 1994.
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    \1\The term ``environmentally sensitive areas'' has been changed 
to the term ``fish and wildlife and sensitive environments'' 
throughout this preamble and the final rule to be consistent with 
the terminology used in proposed revisions to the NCP (See 58 FR 
54702) that implement OPA requirements. The terms have the same 
meaning and the change is not meant to imply an expansion in the 
types of areas identified for protection under the OPA.
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    One of the critical outgrowths of these efforts was the development 
of a consistent approach to regulate ``complexes.'' (A complex is a 
facility with a combination of transportation-related and non-
transportation-related components, e.g., a marine transfer facility 
with aboveground storage tanks.) A complex is subject to the 
jurisdiction of more than one Federal agency under the President's 
delegation implementing section 311(j) of the CWA. Among the ways EPA 
has reduced the complexity of planning requirements for these 
facilities is to better align EPA's Appendix E (Appendix F in the 
proposed rule renamed in this final rule as ``Determination and 
Evaluation of Required Response Resources for Facility Response 
Plans'') with USCG response resource rules developed for marine 
transfer facilities (February 5, 1993, 58 FR 7330). (A complete 
discussion of Appendix E appears later in this preamble.) For non-
transportation-related facilities that handle or store non-petroleum 
oils, EPA also has adopted an approach similar to the USCG's regulatory 
approach for response equipment strategies (58 FR 7362).
    The coordination efforts resulted in several key decisions which 
are described below and discussed in greater depth later in this 
preamble. A common theme of discussion among agency representatives was 
the need to facilitate the regulated community's efforts to implement 
multiple sets of response planning requirements. EPA emphasizes that it 
will accept a response plan prepared to meet State or other Federal 
requirements as long as the plan meets the requirements of this final 
rule and is appropriately cross-referenced. In response to the need to 
provide owners or operators with additional direction on conducting 
drills/exercises to meet the OPA requirements, the National 
Preparedness for Response Exercise Program (PREP) was developed through 
a joint effort of the Federal agencies implementing OPA response plan 
regulations with involvement from other Federal representatives (e.g., 
natural resource trustees), State agencies, members of the regulated 
community, and oil spill response organizations. These efforts resulted 
in the creation of guidelines to assist owners or operators in 
following the PREP. EPA references, as guidance, PREP guidelines at 
Sec. 112.21 of today's final rule. The PREP draft guidelines are 
available from Petty Officer Daniel Caras at (202) 267-6570 or fax 267-
4085/4065. (See Appendix E to this part, section 10, for availability). 
The USCG has developed similar guidance for training, and EPA 
references these training guidelines at Sec. 112.21 of today's final 
rule, indicating that following these guidelines (or demonstrating a 
comparable program) is an acceptable means to satisfy the OPA 
requirement to describe training.
    Another interagency effort that resulted in a coordinated approach 
to develop response plan requirements involved the identification of 
fish and wildlife and sensitive environments. The Federal agencies 
implementing OPA regulations contributed to the development of a 
guidance document prepared by the natural resource trustees to assist 
owners or operators in identifying fish and wildlife and sensitive 
environments for the evaluation of the substantial harm criteria and 
for the development of a response plan, if required. Although EPA has 
removed the proposed Appendix D that covered this subject, facility 
owners and operators still must consider fish and wildlife and 
sensitive environments. EPA refers facility owners or operators to 
Appendices I, II, and III of the ``Guidance for Facility and Vessel 
Response Plans: Fish and Wildlife and Sensitive Environments'' 
published by NOAA within the Department of Commerce (DOC) in the 
Federal Register at 59 FR 14714, March 29, 1994. This document will 
provide guidance on fish and wildlife and sensitive environments until 
geographic-specific annexes of ACPs are fully developed. (See the 
discussion of ACPs later in this preamble.) Owners or operators are 
encouraged to contact the appropriate Area Committee, EPA Regional 
office (inland areas), USCG Captain of the Port (coastal areas), or 
natural resource agencies listed in the DOC/NOAA Guidance for 
information on fish and wildlife and sensitive environments as it 
becomes available.
    A final critical area where Federal agencies implementing the OPA 
reached agreement was the review of response plans. For response 
purposes, the NCP divides the United States into inland and coastal 
zones, with EPA responsible for providing On-Scene Coordinators (OSCs) 
for the inland zone, and the USCG responsible for providing OSCs for 
the coastal zone. EPA will provide an opportunity for designated USCG 
OSCs to review and comment on response plans for non-transportation-
related onshore facilities subject to 40 CFR part 112, and 
geographically located in the coastal zone. For facilities subject to 
40 CFR part 112, EPA will maintain the responsibility for final 
approval of the response plan; however, the Regional Administrator (RA) 
will consider any USCG OSC objection to a response plan and attempt to 
resolve any issues through interagency discussions.
    The NCP and ACPs. Section 311(j)(5)(C) of the CWA requires that 
facility response plans be consistent with the requirements of the NCP 
and ACPs. The NCP provides the general organizational structure and 
procedures for addressing discharges of oil and hazardous substances 
under the CWA, as well as releases of hazardous substances, pollutants, 
and contaminants under CERCLA. Among other things, the NCP specifies 
responsibilities among Federal, State, and local governments; describes 
resources available for response; summarizes State and local emergency 
planning requirements under the Emergency Planning and Community Right-
to-Know Act (EPCRA or SARA Title III); and establishes procedures for 
undertaking removal actions under the CWA. Until a revised NCP is 
published, as mandated under OPA section 4201(c), facility response 
plans should be consistent with the current NCP and, if necessary, 
revised to be consistent with the pending NCP revisions when they are 
promulgated. (Revisions to the NCP were proposed on October 22, 1993, 
at 58 FR 54702.)
    ACPs are mandated under CWA section 311(j)(4) and prepared by Area 
Committees comprised of members appointed by the President from 
qualified personnel of Federal, State, and local agencies. When 
implemented in conjunction with other elements of the NCP, ACPs must be 
adequate to remove a worst case discharge from a facility operating in 
or near the area covered by the plan. ACPs cover discharges affecting 
all U.S. waters and adjoining shorelines. EPA and the USCG are 
responsible for establishing Area Committees for the inland and coastal 
zones, respectively. In the inland Regions, ACPs have been completed 
and approved by EPA. The ACP process, however, is dynamic, and Area 
Committees will continue to refine the ACPs to provide more detailed 
information on protection priorities, develop protection strategies, 
and identify appropriate cleanup strategies for inland areas. Area 
Committees have the option to further subdivide their areas into 
smaller, geographically distinct subareas and develop geographic-
specific annexes for these subareas. Members of the public may 
contribute to the ACP refinement process through involvement with Area 
Committees in the development of geographic-specific annexes.
    Resource Conservation and Recovery Act (RCRA). EPA regulations in 
Subpart D of 40 CFR part 264, and Subpart D of 40 CFR part 265 
promulgated under RCRA, require owners and operators of hazardous waste 
facilities to develop facility-specific contingency plans. The plans 
must include response procedures; a list of each person qualified to 
act as a facility emergency coordinator; a list of all emergency 
equipment and, when required, decontamination equipment at the 
facility; evacuation plans, when evacuation could be necessary; and 
arrangements agreed to by local police departments, fire departments, 
hospitals, contractors, and State and local emergency response teams to 
coordinate emergency services. In addition, newly promulgated 40 CFR 
part 279 establishes facility-specific contingency planning and 
emergency procedure requirements for used oil at reprocessing and 
refining facilities. To avoid duplication of effort, owners or 
operators of facilities subject to the regulations in 40 CFR parts 264, 
265, and 279 may incorporate these RCRA provisions and the response 
planning requirements of other applicable Federal regulations into 
their facility response plans.
    EPCRA. Among other things, EPCRA requires local emergency planning 
committees (LEPCs) to develop local emergency response plans for their 
community and review them at least annually. Under EPCRA, the owner or 
operator of a facility where a listed ``extremely hazardous substance'' 
is present in an amount in excess of the threshold planning quantity 
must notify the State emergency response commission (SERC). In 
addition, upon request of the LEPC, the owner or operator must provide 
the LEPC with any information necessary to develop and implement the 
local emergency response plan. Because of the requirement that certain 
facilities participate in emergency planning under EPCRA, some overlap 
may exist with response plan requirements outlined in today's rule.
    The OPA Conference Report states that OPA facility response plans 
should be consistent with plans prepared under other programs, and that 
any information developed under section 311(j) should be made available 
to SERCs and LEPCs. (See OPA Conference Report, H.R. Rep. No. 101-653, 
101st Cong., 2d Sess. 1990 at p. 151.) Therefore, a facility response 
plan should be consistent with the local emergency response plan for 
the community in which the facility is located, and to ensure such 
consistency, facility owners or operators should review the appropriate 
local emergency response plan. In addition, upon request of the LEPC or 
SERC, the facility should provide a copy of the facility response plan.
    Clean Air Act. Under section 112(r) of the Clean Air Act (CAA), as 
amended in 1990, EPA is to promulgate risk management program 
regulations for the prevention and detection of accidental releases and 
for responses to such releases, including requirements for a risk 
management plan (RMP) for chemical accidental release prevention. The 
regulation listing the covered chemicals and threshold quantities was 
published in the Federal Register on January 31, 1994 (59 FR 4478). The 
proposed rule for the risk management program was published in the 
Federal Register on October 20, 1993 (58 FR 54190).
    Regulated facilities are required to do three things: register with 
EPA; develop and implement a risk management program that includes a 
hazard assessment, a prevention program, and an emergency response 
program; and develop and submit an RMP to the Chemical Safety and 
Hazard Investigation Board, the implementing agency, the SERC, and the 
LEPC. The RMP is to be made available to the public.
    EPA anticipates that facilities affected by both regulations can 
prepare one response plan that meets the Oil Pollution Act requirements 
for oil and the CAA requirements for chemicals.
Prevention Technical Requirements
    EPA's proposed rule for the facility response plan rulemaking 
contained certain provisions related to aspects of 40 CFR part 112 that 
did not address the OPA facility response plan requirements. EPA has 
decided not to include these provisions in today's final rule. These 
provisions are more closely related to the 40 CFR part 112 revisions 
proposed on October 22, 1991 (56 FR 54612), and will be finalized when 
that proposal is finalized. The proposed provisions not included in 
today's final rule are as follows:
     Sec. 112.1(d)(4)--Reiterating that Underground Storage 
Tanks are to be Marked on Diagrams;
     Sec. 112.1(g)--Regional Administrator Authority to Require 
SPCC Plan Preparation;
     Sec. 112.2--Definitions of ``Alteration'' and ``Repair'';
     Sec. 112.4(d)--Amendment of SPCC Plan by Regional 
Administrator;
     Sec. 112.7(a)(2)--Submission of SPCC Plans for Waiver of 
Technical Requirements;
     Sec. 112.7(d)--Requirement to Prepare a Contingency Plan 
When the Installation of Secondary Containment Structures is not 
Practicable;
     Sec. 112.7(f)--Prevention Training; and
     Sec. 112.7(i)/Appendix H--Ensuring Against Brittle 
Fracture.
    Only proposed changes to Secs. 112.2 (except for the definitions of 
``alteration'' and ``repair'') and 112.20, and the addition of 
Sec. 112.21 are included in today's final rule. The content of 
Sec. 112.21 is adapted from Sec. 112.7 of the proposed rule which 
addressed training and drills/exercises for both prevention and 
response.

II. Summary of Revisions to the Oil Pollution Prevention Regulation

    This section provides a summary of the response planning provisions 
included in today's final rule. Section II.A provides a brief summary 
of the overall approach to implementation of response plan 
requirements. In Section II.B, EPA summarizes and responds to major 
issues raised by the public during the comment period. Finally, Section 
II.C provides a section-by-section discussion of changes from the 
proposed rule to the final rule.

A. Summary of Approach to Implementing Facility Response Plan 
Requirements

    EPA is finalizing an approach for identifying facilities subject to 
response planning requirements similar to that outlined in the proposed 
rule. Only owners or operators of ``substantial harm facilities'' are 
required to prepare and submit plans. EPA will approve only those plans 
submitted for ``significant and substantial harm facilities.'' Risk-
based factors for evaluating the potential to cause substantial harm 
and significant and substantial harm are established in Sec. 112.20(f) 
of today's rule and include: type of transfer operation; oil storage 
capacity; lack of secondary containment; proximity to fish and wildlife 
and sensitive environments (described as ``environmentally sensitive 
areas'' in the proposal), navigable waters, and drinking water intakes; 
spill history; age of oil storage tanks; and other facility-specific 
and Region-specific information.
    There are two methods by which an onshore facility may be 
determined to be a ``substantial harm facility.'' The first involves 
the use of substantial harm criteria provided in Sec. 112.20(f)(1) and 
in the flowchart in Appendix C to 40 CFR part 112 by owners or 
operators to identify ``substantial harm facilities.'' The second 
provides each RA the authority to determine whether any facility 
subject to the Oil Pollution Prevention regulation is a ``substantial 
harm facility'' based on the specific criteria in Sec. 112.20(f)(1), 
the factors in Sec. 112.20(f)(2)(A)-(F), or other site-specific 
characteristics and environmental factors that may be relevant under 
Sec. 112.20(f)(2)(G). In applying these factors, the RA may seek input 
on specific facilities from other agencies such as the USCG and natural 
resource trustee agencies. The RA also may consider petitions from the 
public to determine whether a facility is a ``substantial harm 
facility.''
    To determine whether an onshore facility could be a ``significant 
and substantial harm facility,'' the RA will consider the substantial 
harm criteria in Sec. 112.20(f)(2) as well as additional factors in 
Sec. 112.20(f)(3), including site-specific information such as local 
impacts on public health.
    In today's final rule, facility owners or operators are provided 
with a process to appeal the substantial harm and significant and 
substantial harm determinations or the RA's decision not to approve a 
response plan for which approval is required.
    Finally, under Sec. 112.20(e), owners or operators who are not 
required to submit plans must maintain onsite at the facility a signed 
certification form, which indicates that the facility has been 
determined by the facility owner or operator not to meet the criteria 
in Sec. 112.20(f)(1).
Discussion of Response Plans
    Those facility owners or operators who submit plans must include a 
signed response plan cover sheet (as provided in 40 CFR part 112, 
Appendix F, Attachment F-1), which indicates that the information 
contained in the plan is accurate, and that gives a basic summary of 
facility information, including the results of the substantial harm 
determination.
    The required elements for response planning in Sec. 112.20(h) of 
this rule are designed to direct a facility owner or operator in 
gathering the information needed to prepare a response plan. The 
response plan elements address requirements under CWA section 311(j)(5) 
(as amended by the OPA), including requirements for response training 
and participation in response drills/exercises. Appendix F to the rule 
includes a model response plan that further describes the required 
elements in Sec. 112.20(h). The majority of elements in the model plan 
are taken directly from Sec. 112.20(h) or are logical extensions of the 
general requirements in Sec. 112.20(h) and are therefore requirements 
prefaced by use of the word ``must'' or ``shall.'' EPA recognizes that 
certain other elements may not be applicable in all cases. To provide 
flexibility for facilities with unique circumstances, certain elements 
are prefaced by use of the words ``shall, as appropriate'' or are 
modified by use of the words ``or an equivalent.'' Finally, other 
elements are presented as recommendations and are prefaced by use of 
the word ``may.''
    As discussed previously in this preamble, the requirements in 
Sec. 112.20(h) and the model response plan in Appendix F do not 
preclude the use of a preexisting response plan. Owners or operators 
may submit a plan prepared to meet other Federal or State requirements, 
as long as the elements in Sec. 112.20 are addressed (including the 
requirement for an emergency response action plan), and a cross-
reference to the model response plan is provided.
    Under today's rule, owners or operators of ``substantial harm 
facilities'' must prepare plans to respond to a worst case discharge, 
and small and medium discharges as appropriate. Such response planning 
by facilities will help ensure protection of public health and welfare 
and the environment by facilitating effective response to discharges to 
navigable waters or adjoining shorelines. The requirement to plan for 
several different spill sizes is consistent with other agencies' (such 
as the USCG's) implementation of OPA response planning requirements. 
For example, the average most probable discharge and the maximum most 
probable discharge under the USCG interim final rule set out the same 
values in barrels as EPA sets out in gallons for small and medium 
spills (58 FR 7358, February 5, 1993). EPA is authorized to require 
owners or operators to plan for small and medium discharges by 
Sec. 311(j)(1)(C) of the CWA.
    OPA section 4201(b) (CWA section 311(a)(24)) defines ``worst case 
discharge'' for a facility as the largest foreseeable discharge in 
adverse weather conditions. The OPA Conference Report indicates that 
facility owners or operators are expected to prepare plans for 
responding to discharges that are worse than either the largest spill 
to date at the facility or the maximum probable spill for that facility 
type. (See H.R. Rep. No. 101-653, 101st Cong., 2d Sess. 1990 at pp. 
149-150.) Today, EPA finalizes a requirement for a facility's worst 
case discharge planning amount based on the capacity of the largest 
single tank within a secondary containment area, or the combined 
capacity of a group of aboveground tanks permanently manifolded 
together within a common secondary containment area lacking internal 
subdivisions, whichever is greater; plus an additional quantity based 
on lack of secondary containment, as appropriate. (For facilities that 
lack secondary containment for all tanks, the worst case discharge 
would be the total storage capacity at the facility.) Production 
facilities would also need to consider production volumes. Single tank 
facilities are allowed to reduce the worst case discharge volume for 
the presence of adequate secondary containment.
    EPA has provided worksheets in Appendix D, which owners or 
operators of storage and production facilities are required to use in 
the calculation of worst case discharge amounts. For complexes, the 
worst case discharge volume is the larger of the amounts calculated for 
each component of the facility regulated by a different agency using 
procedures contained in the respective regulations. EPA requires that 
owners or operators of complexes (a complex is a facility with a 
combination of transportation-related and non-transportation-related 
components, e.g., a marine transfer facility with aboveground storage 
tanks) plan for the single largest worst case discharge at the 
facility. To facilitate this process, EPA has modified Appendix E as 
described in Section II.B of this preamble to be consistent with the 
USCG's ``Guidelines for Determining and Evaluating Required Response 
Resources for Facility Response Plans.''
    In addition to planning for a worst case discharge, under proposed 
Sec. 112.20, facility owners and operators are required to plan for (1) 
a small spill, defined as any spill volume less than or equal to 2,100 
gallons, provided that this amount is less than the worst case 
discharge amount; and (2) a medium spill, defined as any spill volume 
greater than 2,100 gallons, and less than or equal to 36,000 gallons or 
10 percent of the capacity of the largest tank at the facility, 
whichever is less, provided that this amount is less than the worst 
case discharge amount. For facilities where the worst case discharge is 
a medium spill, the owner or operator is required to plan for two 
amounts, a worst case spill and a small spill. For facilities where the 
worst case discharge is a small spill, the owner or operator must plan 
only for a worst case discharge.
    For medium spills at complexes, the owner or operator must first 
determine a medium spill volume for the transportation-related and non-
transportation-related components at the facility. (The USCG's term 
``maximum most probable discharge'' is generally equivalent to a medium 
spill. See 58 FR 7354.) The owner or operator must then compare the 
medium planning amounts for each component of the facility. Following 
this comparison, the owner or operator must select the larger of the 
quantities as the medium planning amount for the overall facility. A 
similar procedure must be followed for a small spill. (The USCG's term 
``average most probable discharge'' is generally equivalent to a small 
spill. See 58 FR 7353.) EPA requires that owners or operators of 
complexes plan for a single small and medium spill at the facility in 
accordance with the requirements in Appendix E.
Equipment Requirements
    In Appendix E to today's rule, EPA establishes requirements to 
determine for planning purposes the quantity of resources and response 
times necessary to respond to the ``maximum extent practicable'' to a 
worst case discharge, and to other discharges, as appropriate. The 
requirements were adapted from similar requirements developed by the 
USCG for vessel response plans and facility response plans for marine 
transportation-related onshore facilities. These procedures recognize 
practical and technical limits on response capabilities that an 
individual facility owner or operator can provide in advance and on 
response times for resources to arrive on scene. To address these 
limitations, Appendix E establishes operability criteria for oil 
response resources and caps on response resources that facility owners 
or operators must identify and ensure the availability of, through 
contract or other approved means. The caps reflect an estimate of the 
response capability at a given facility that is considered a practical 
target to be met by 1993 and beyond.
    Appendix E (Appendix F in the proposed rule) has been renamed 
``Determination and Evaluation of Required Response Resources for 
Facility Response Plans.'' EPA made this change to clarify that 
facility owners and operators must use this appendix to determine 
whether they have appropriate and adequate amounts of resources to meet 
the planning requirements in this final rule. In this appendix, EPA has 
substituted the words ``shall'' or ``shall, as appropriate'' for the 
word ``should'' to clarify whether the requirements are mandatory, 
regardless of the circumstances. The phrase ``shall, as appropriate'' 
is consistent with EPA's intent in the proposal to provide owners or 
operators flexibility for facilities with unique circumstances. As 
required at Sec. 112.20(h)(3)(i), in cases where it is not appropriate 
to follow part of Appendix E to identify response resources to meet the 
facility response plan requirements, owners or operators must clearly 
demonstrate in the plan why use of Appendix E is not appropriate at the 
facility and make comparable arrangements for response resources.
    Section 311(j)(5)(C)(iii) of the CWA requires the facility response 
plan to identify and ensure the availability, by contracts or other 
means approved by the President (as delegated to EPA), of private 
personnel and equipment necessary to respond to the maximum extent 
practicable, to a worst case discharge. For the purposes of today's 
rule, ``contract or other approved means'' is defined in Sec. 112.2 of 
today's final rule as:
     A written contractual agreement with an Oil Spill Removal 
Organization (OSRO(s)). The agreement must identify and ensure the 
availability of the necessary personnel and equipment within 
appropriate response times; and/or
     Written certification that the necessary personnel and 
equipment resources, owned or operated by the facility owner or 
operator, are available to respond to a discharge within appropriate 
response times; and/or
     Active membership in a local or regional OSRO(s), which 
has identified and ensures adequate access, through membership, to 
necessary personnel and equipment within appropriate response times in 
the specified geographic areas; and/or
     Other specific arrangements approved by the RA upon 
request of the owner or operator.
    If the owner or operator plans to rely on facility-owned equipment 
to satisfy the requirement at Sec. 112.20(h)(3) to identify and ensure 
the availability of response resources, then equipment inventories must 
be provided. When relying on other arrangements, evidence of contracts 
or approved means must be included in the response plan so that the 
availability of resources can be verified during plan review. It is not 
necessary to list specific quantities of equipment in the facility 
response plan when listing a USCG-classified OSRO(s) that has 
sufficient removal capacity to recover up to the rate indicated by the 
associated caps. (See Section II.B of this preamble for additional 
discussion on this issue.)
Final Rule Application to Affected Facilities
    The following paragraphs present EPA's approach to implement the 
response plan requirements of OPA and of this final rule. Section 
112.20(a) of the rule has been revised to reflect this approach.
    The Agency proposed in the February 17, 1993 Federal Register (58 
FR 8824) its facility response plan rule for non-transportation-related 
onshore facilities under its jurisdiction. Before this publication, EPA 
made available outreach materials describing its basic approach for 
implementation of the OPA response plan requirements to allow facility 
owners or operators the opportunity to prepare and submit response 
plans by the February 18, 1993, OPA deadline. EPA received over 4,500 
plans from owners or operators of facilities that met the criteria to 
be a ``substantial harm facility.'' EPA Regional personnel have 
identified the subset of ``significant and substantial harm 
facilities'' from those facilities that submitted response plans by 
February 18, 1993 and, as appropriate, issued authorizations to these 
facilities to continue to operate after August 18, 1993, based on a 
review of a facility's certification of response resources. These plans 
will be reviewed and, if appropriate, approved under the OPA statutory 
requirements by February 18, 1995. For inadequate plans submitted 
before the February 18, 1993 statutory deadline, RAs may notify 
facility owners or operators that additional information or plan 
revisions are necessary in advance of February 18, 1995, for plan 
approval.
    To recognize the compliance efforts of owners or operators of those 
facilities in existence on or before February 18, 1993 who submitted 
response plans to meet the OPA requirements by the statutory deadline, 
EPA will allow them until February 18, 1995 to revise their response 
plan, if necessary, to satisfy the requirements of this rule and 
resubmit their plans (or updated portions) to the RA. (See 
Sec. 112.20(a)(1)(i).) The revised plans for ``significant and 
substantial harm facilities'' will be reviewed periodically thereafter 
on a schedule established by the RA provided that the period between 
plan reviews does not exceed five years. (See Sec. 112.20(c)(4).) RAs 
may institute a process by which such plan reviews are staggered so 
that not all plans will need to be reapproved in the same year.
    Owners or operators of existing facilities that were in operation 
on or before February 18, 1993 who failed to submit a facility response 
plan to meet the OPA requirements by February 18, 1993 must submit a 
response plan that meets the requirements of this rule to the RA by the 
effective date of the final rule. (See Sec. 112.20(a)(1)(ii).) EPA 
recognizes that such facilities may have prepared and submitted to the 
RA some form of a response plan after the statutory deadline. Owners or 
operators may submit revised portions of the plan to bring the plan 
into compliance with the final rule requirements. Plans for 
``significant and substantial harm facilities'' will be reviewed for 
initial approval by RAs within a reasonable time. Such plans will be 
reviewed periodically thereafter on a schedule established by the RA 
provided that the period between plan reviews does not exceed five 
years. RAs may choose to stagger such plan reviews.
    Owners or operators of facilities that commenced operations after 
February 18, 1993 but before the effective date of this final rule must 
submit a response plan that meets the requirements of this final rule 
to the RA by its effective date. EPA recognizes that such facilities 
may have prepared and submitted some form of a response plan to the RA 
prior to the publication of this rule. Owners or operator may submit 
revised portions of the plan to bring the plan into compliance with the 
final rule requirements. (See Sec. 112.20(a)(2)(i).) RAs will review 
plans for ``significant and substantial harm facilities'' for initial 
approval within a reasonable time. The plans will then be placed on the 
Region's review cycle as described in the preceding paragraphs.
    The Agency recognizes that identification of ``substantial harm 
facilities'' will continue to occur as new facilities come on-line and 
existing facilities newly meet the criteria for substantial harm as a 
result of a change in operations or site characteristics. EPA is 
requiring in Sec. 112.20(a)(2)(ii) and (iii) that: (1) newly 
constructed facilities (facilities that come into existence after the 
effective date of the final rule) that meet the applicability criteria 
must prepare and submit a response plan in accordance with the final 
rule prior to the start of operations (adjustments to the response plan 
to reflect changes that occur at the facility during the start-up phase 
of operations must be submitted to the Regional Administrator after an 
operational trial period of 60 days); and (2) existing facilities that 
become subject to the response plan requirements as the result of a 
planned change in operations (after the effective date of the final 
rule) must prepare and submit a response plan in accordance with the 
final rule prior to the implementation of changes at the facility. RAs 
will review plans submitted for such newly designated ``substantial 
harm facilities'' to determine if a facility is a ``significant and 
substantial harm facility.'' RAs will review for approval plans for 
``significant and substantial harm facilities'' within a reasonable 
time and then place the plans on the Region's review cycle as discussed 
previously.
    An existing facility, however, may become subject to the response 
plan requirements through one or a combination of unplanned events, 
such as a reportable spill or the identification of fish and wildlife 
and sensitive environments adjacent to the site during the ACP 
refinement process. In the event of such an unplanned change, the owner 
or operator is required to prepare and submit a response plan to the RA 
within six months of when the change occurs (See 
Sec. 112.20(a)(2)(iv).) The Agency believes that allowing six months 
from when a change caused by an unplanned event occurs to prepare and 
submit a plan is reasonable.
    Under Sec. 112.20(g)(2), facility owners or operators are required 
to review appropriate sections of the NCP and ACP annually and revise 
their response plans accordingly. In addition, Sec. 112.20(d)(1) 
requires the owner or operator of a facility for which a response plan 
is required to resubmit relevant portions of the plan within 60 days of 
each material change in the plan. For ``substantial harm facilities,'' 
Regions will review such changes to determine if the facility should be 
reclassified as a ``significant and substantial harm facility.'' For 
``significant and substantial harm facilities,'' the Regions will 
review such changes for approval as described in Sec. 112.20(d)(4).

B. Response to Major Issues Raised by Commenters

    A total of 1282 comments were received on the proposed rule. The 
majority of these comments were one-page form letters from members of, 
and on behalf of, numerous environmental professional groups and 
addressed the issue of whether certification of response plans by an 
independent party was appropriate. A document entitled ``Response to 
Comments Document for the Facility Response Plan Rulemaking'' that 
summarizes and provides responses to all comments received on the 
proposed rule is available in the public docket. The major issues 
raised by the commenters and the Agency's responses are described in 
this section.
Option One vs. Option Two
    In the preamble to the proposed rule, the Agency discussed two 
options for identifying facilities subject to facility response plan 
requirements under this rulemaking. In the proposed rule, EPA proposed 
the first option, but requested comment on the merits of both options. 
The two alternatives are outlined briefly in the next paragraph.
    Under Option 1, EPA proposed to require under CWA sections 
311(j)(5) and 311(j)(1)(C) that: (1) the owner or operator of a 
``substantial harm facility'' prepare and submit a response plan, and 
(2) ``significant and substantial harm facilities'' have their plans 
promptly reviewed for approval by EPA. Criteria provided in 
Sec. 112.20(f)(1) coupled with RA determinations would be used to 
identify ``substantial harm facilities'' and a subset of ``significant 
and substantial harm facilities.''
    EPA's second approach was also based on the authority contained in 
CWA sections 311(j) (1) and (5). Under Option 2, all facilities 
regulated under 40 CFR part 112 would be required to prepare facility 
response plans; certain small, low-risk facilities with secondary 
containment structures would be allowed to prepare an abridged version 
of a response plan. Only ``substantial harm facilities'' would only be 
required to submit plans to EPA. ``Significant and substantial harm 
facilities'' would submit plans to EPA and have their plans reviewed 
and approved.
    The Agency received numerous comments on the two options, with the 
vast majority favoring Option 1. Supporters of Option 1 stated that 
Option 2 would create too great a burden on facilities and EPA, in 
relation to the relatively low environmental benefits derived from 
planning. Commenters representing small, lower-risk facilities 
expressed concern that being required to prepare response plans would 
impose unnecessary financial burdens. In addition, commenters felt that 
40 CFR part 112 was sufficiently protective of the environment for non-
substantial-harm facilities. A small number of commenters representing 
both industry and environmental groups supported Option 2, stating that 
it most closely reflected the mandates of the OPA and that it would 
provide a more comprehensive emergency response planning network.
    In today's final rule, EPA finalizes Option 1. The Agency believes 
that this option targets high-risk facilities in a cost effective 
manner that is nevertheless protective of the environment. Owners or 
operators of facilities covered by the Oil Pollution Prevention 
regulation must evaluate their facilities against a series of 
substantial harm screening criteria. Although EPA encourages all oil 
storage facilities under its jurisdiction to prepare oil spill response 
plans, owners or operators of those facilities not meeting the criteria 
provided in Sec. 112.20(f)(1) are only required to prepare a facility 
response plan if the RA independently determines that the facility is a 
``substantial harm facility.'' Because of the size and diversity of the 
regulated community under EPA's jurisdiction pursuant to the OPA and 
the tight timeframe established by the OPA, EPA is implementing a 
substantial harm selection process with two components (i.e., published 
criteria and an RA determination). The published criteria are designed 
to capture the vast majority of ``substantial harm facilities.'' To 
simplify the process, EPA developed specific selection criteria to be 
applied in a consistent manner by all owners and operators. 
Nevertheless, EPA believes that there are facilities that do not meet 
the criteria in Sec. 112.20(f)(1), but may, due to facility-specific or 
location-specific circumstances, pose sufficient risk to the 
environment to be designated as ``substantial harm facilities.'' 
Accordingly, RAs, as the designated representatives of EPA, are granted 
authority to designate a facility on a case-by-case basis as a 
``substantial harm facility.''
Substantial Harm Criteria
    As required by Sec. 112.20(f)(1) and the flowchart in Appendix C to 
40 CFR part 112, a facility is a ``substantial harm facility'' if 
either of the following two criteria are met:
    (1) The facility transfers oil over water to or from vessels and 
has a total oil storage capacity greater than or equal to 42,000 
gallons; or
    (2) The facility's total oil storage capacity is greater than or 
equal to 1 million gallons, and one or more of the following is true:
     The facility does not have secondary containment for each 
aboveground storage area sufficiently large to contain the capacity of 
the largest aboveground storage tank within each storage area plus 
sufficient freeboard to allow for precipitation;
     The facility is located at a distance (as calculated using 
the appropriate formula in Appendix C or a comparable formula) such 
that a discharge from the facility could cause injury to fish and 
wildlife and sensitive environments;
     The facility is located at a distance (as calculated using 
the appropriate formula in Appendix C or a comparable formula) such 
that a discharge from the facility would shut down operations at a 
public drinking water intake; or
     The facility has had a reportable spill greater than or 
equal to 10,000 gallons within the last 5 years.
    A number of commenters suggested that EPA is attempting to regulate 
transportation-related facilities that are covered by USCG regulations. 
Several of these commenters stated that EPA's approach would result in 
redundant and conflicting regulations for such facilities.
    The Agency considered these comments and decided to retain the 
over-water transfers criterion (Sec. 112.20(f)(1)(i)). The criterion 
was designed to identify as posing a risk of substantial harm to the 
environment those facilities that store oil above a certain quantity 
located in close proximity to navigable waters. EPA is not attempting 
to regulate marine transfer operations. In 40 CFR 112.1, EPA clearly 
explains which facilities fall under its authority. The section states 
that EPA jurisdiction does not extend to transportation-related 
facilities. The Agency has the authority, however, to regulate the non-
transportation-related storage component of facilities that may have a 
marine transfer component.
    Several commenters indicated that the 42,000 gallon cutoff for 
transfers over-water is appropriate. Other commenters questioned the 
potential of a 42,000 gallon spill to cause substantial harm to the 
environment.
    EPA has decided that non-transportation-related storage components 
of complexes should be regulated at a lower capacity threshold than 
storage facilities without an over-water transfer component (i.e., 
42,000 gallons versus 1 million gallons), because the location of over-
water transfer facilities poses a higher risk to navigable waters. 
Spills at such facilities are more likely to reach navigable waters 
than spills from facilities located further from navigable waters. 
Also, it is likely that a higher percentage of the total amount 
released will reach navigable waters at a facility directly adjacent to 
navigable waters than at a facility located further away. Data indicate 
that for oil discharges above 42,000 gallons, the number of incidents 
with reported effects including fishkills, wildlife damage, or fire is 
greater than for oil discharges below 42,000 gallons. At the 0.01 level 
of significance, the size of the release is related to the occurrence 
of reported effects. For certain release size thresholds other than 
42,000 gallons, however, a similar statistically significant 
relationship could not be shown.\2\
---------------------------------------------------------------------------

    \2\Study prepared for EPA titled ``Analysis of Data Relating to 
Facility Size, Oil Discharges, and Environmental Effects.'' 
Available for inspection in the Superfund Docket, Room M2615, at the 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, 
DC 20460.
---------------------------------------------------------------------------

    EPA requested comment in the proposed rule on the appropriateness 
of the use of a proposed 1 million gallon or a 200,000 gallon size cut-
off for total storage capacity to determine a threshold for substantial 
harm. (See Sec. 112.20(f)(1)(ii).)
    The Agency received numerous comments suggesting that the 1 million 
gallon cutoff was appropriate. A smaller number of commenters including 
other Federal government agencies and environmental associations, 
indicated that the size cut-off for substantial harm should be 200,000 
gallons or lower. Advocates for a lower cut-off contended that small 
facilities with a high throughput may have a higher potential to cause 
substantial harm than large facilities with low throughput. These 
commenters also suggested that the OPA Conference Report indicated that 
the requirement to prepare and submit response plans should be applied 
broadly, because even small discharges from an onshore facility could 
result in substantial harm under certain circumstances.
    Although EPA recognizes that large storage capacity is a 
substantial harm risk factor, the Agency also recognizes that the 
intent of OPA was not to exclude certain smaller facilities, such as 
those near public drinking water intakes or fish and wildlife and 
sensitive environments, from consideration as having the potential to 
cause substantial harm. EPA intends that the RA determination process 
be used to identify additional high-risk facilities that do not meet 
the criteria in Sec. 112.20(f)(1) although nonetheless pose substantial 
harm.
    The Agency decided to identify certain high-risk facilities that 
pose a threat of substantial harm because of their size in combination 
with facility- specific characteristics (i.e., secondary containment 
and spill history) or location-specific (i.e., proximity to fish and 
wildlife and sensitive environments and public drinking water intakes). 
The largest oil spills, which could pose the greatest risk to the 
environment, occur at large facilities. Data on the effects of spills 
from aboveground storage tanks indicate that when larger quantities of 
oil are discharged, fish and wildlife damage, off-site soil pollution, 
and property damage are greater than for smaller discharges.\3\ The 
Agency believes that regulatory coverage and protection of the 
environment will be ensured, since facilities that are smaller than 1 
million gallons, but that could cause substantial harm because of their 
proximity to navigable waters or fish and wildlife and sensitive 
environments, could be selected under the RA's authority to require a 
facility to submit a response plan, regardless of whether the facility 
meets the criteria in Sec. 112.20(f)(1) (although the RA considers 
these factors as part of the determination).
---------------------------------------------------------------------------

    \3\Ibid.
---------------------------------------------------------------------------

    In addition, several commenters suggested that the average oil 
storage inventory of a facility should be used instead of capacity to 
determine the oil storage threshold for substantial harm. Commenters 
indicated that the normal amount of oil stored at a facility is often 
less than the total capacity, because facilities are overdesigned to 
meet seasonal demands. Commenters also contended that tanks dedicated 
for standby service and tanks not in service should not be counted in 
determining a facility's capacity, and that certification methods could 
be employed to ensure that excess capacity is not being used.
    In today's final rule, EPA retains capacity rather than inventory 
as the basis for assessing risk to the environment. The decision was 
based largely on the fact that substantial harm determinations using 
inventory would be difficult or impossible to enforce and might not 
accurately reflect the true worst case for the facility. EPA would be 
unable to inspect facilities often enough to ensure that their 
inventory is actually below the substantial harm threshold. Moreover, 
owners or operators would likely find it difficult to constantly track 
inventory to ensure that changes in inventory did not trigger 
additional regulatory requirements and at some time the tank could be 
filled to capacity. In addition, there is a need to maintain 
consistency in the Oil Pollution Prevention regulation, and the 
original regulation uses storage capacity for threshold determinations 
instead of using inventory. However, EPA has proposed in a separate 
rulemaking published on October 22, 1991 (58 FR 54612), to allow owners 
or operators to exclude permanently closed tanks (as defined in 
Sec. 112.2 of the proposed rule published on October 22, 1991) from the 
total capacity of the facility for the purposes of the Oil Pollution 
Prevention regulation. If these changes are finalized, permanently 
closed tanks would not have to be considered in the substantial harm 
evaluation.
    Several commenters argued that the 10,000 gallon reportable spill 
criterion (proposed at Sec. 112.20(f)(ii)(D), 58 FR 8849) should be 
modified to allow a facility owner the opportunity to petition the RA 
for exclusion based upon modifications to the facility or to its spill 
prevention procedures made after the release.
    EPA agrees that continuous improvements in spill prevention 
procedures are important and that owners and operators that have 
significantly upgraded their facility within five years of a spill 
greater than or equal to 10,000 gallons (by replacing tanks or adding 
secondary containment, for example) should be allowed to request 
exclusion from the substantial harm category.
    The Agency includes a two-stage appeals process in Sec. 112.20(i) 
of today's rule. The appeals process allows an owner or operator to 
petition the RA to remove a facility from the category of substantial 
harm because of improvements at the facility that lead to greatly 
reduced risk to the environment. The appeals process is discussed in 
greater detail in the ``Appeals Process'' section of this preamble. Of 
course, even if a facility obtains relief through appeal, the RA still 
retains authority to require a Plan, under Sec. 112.20(b) should the 
circumstances on which the relief was granted change in the future.
    In the proposed rule, EPA provided formulas in Appendix C for 
owners or operators to determine appropriate distances to fish and 
wildlife and sensitive environments and drinking water intakes for 
purposes of evaluating the substantial harm criterion. EPA also 
proposed to allow the use of an alternative formula acceptable to the 
RA. EPA solicited data and comments on the appropriateness of the 
distance calculations in Appendix C for inland areas.
    Several commenters supported the overall approach of using a 
calculated distance to define proximity. However, numerous commenters 
indicated that the formulas used to calculate the planning distances in 
Appendix C are too complex, cumbersome, or impracticable for general 
use.
    The Agency does not agree. The planning distance formulas proposed 
in Appendix C are appropriate based on an evaluation of engineering 
principles and input from an interagency technical workgroup that 
included representatives from the Natural Resource Trustee agencies, as 
well the agencies responsible for measuring river height and flow. The 
Agency's primary goal was to provide a series of formulas that were 
technically supportable. EPA has provided the least complex formulas 
that are still technically supportable. Moreover, EPA allows owners or 
operators to use comparable formulas to calculate appropriate distances 
provided that the formula is acceptable to the RA and they send 
supporting documentation on the reliability and analytical soundness of 
the formulas (see Sec. 112.20(a)(3)).
    Several commenters noted that the formulas proposed in Appendix C 
did not account for tides, currents, wind direction, and other weather-
dependent flow rates. One commenter recommended that EPA use the USCG 
planning distances for discharges into tidal waters. To more accurately 
account for the range of movement of spilled oil in certain aquatic 
environments, EPA includes in Appendix C of today's final rule a 
section on oil transport in tidal influence areas as a separate type of 
calculation. EPA adopts the tidal influence area criteria from the 
USCG's interim final rule for Marine Transportation-Related (MTR) 
Facilities (58 FR 7358, February 5, 1993).
    Some commenters stated that the proposed response times in Table 3 
of Appendix C for calculating the planning distances were inappropriate 
and would overpredict the area of the spill. Some commenters noted that 
actual response times could be considerably faster than those proposed 
because some facilities have their own response resources. Conversely, 
one commenter expressed concern that the response times are too short 
and do not account for adverse weather conditions or phased planning 
required for certain discharges. Other commenters noted that the 
proposed response times in Table 3 of Appendix C were inconsistent with 
the response times listed in Appendix F of the proposed rule for 
determining response resources for a worst case discharge and should be 
changed. No data were provided by commenters to support alternative 
response times for use in the distance calculations.
    In today's rule, to clarify the information presented, EPA 
reformats Table 3 of Appendix C. EPA used the same geographic areas for 
facility location (i.e., higher volume port area, Great Lakes, and all 
other river and canal, inland, and nearshore areas) as those specified 
in the equipment appendix (Appendix E) to maintain consistency between 
different sections of the regulation and because the facility location 
directly impacts the arrival time of response resources.
    The specified time intervals in Table 3 of Appendix C are to be 
used only to aid in the determination of whether a facility is a 
``substantial harm facility.'' Once it is determined that a plan must 
be developed for the facility, the owner or operator would consult 
Appendix E to determine appropriate resource levels and response times. 
The specified time intervals in Table 3 of Appendix C are less than the 
Tier 1 response times specified in Appendix E for the corresponding 
operating areas, because EPA assumes that, for purposes of determining 
whether a facility is a ``substantial harm facility,'' no response 
planning has been done. This conservative assumption is only used for 
screening purposes and is not used for other aspects of the rulemaking. 
Owners or operators are reminded that EPA has included at 
Sec. 112.20(i) of the final rule an appeals process for, among other 
things, the determination of substantial harm.
    EPA believes that these times accurately estimate the times needed 
to respond to spills from EPA-regulated facilities that have not pre-
planned their response to spills (i.e., a facility owner or operator 
who has not pre-planned response activities would be able to contact a 
local spill response company, coordinate response actions, and deploy 
resources within 15 or 27 hours following discovery of the spill, 
depending on facility location). In general, facilities located in 
higher volume port areas have a higher density of response contractors 
and resources nearby. Therefore, EPA estimated a shorter time interval 
for these facilities compared with facilities located in all other 
operating areas.
    One commenter noted an inaccuracy in the formula proposed in 
Attachment C-III of Appendix C of the proposed rule, Oil Transport on 
Still Water, (which converts an oil discharge volume into a surface 
area), when the volume of the spilled oil is converted to units other 
than cubic meters. In Attachment C-III of Appendix C of today's rule, 
EPA incorporates a conversion factor into the formula to address the 
inaccuracy by allowing facility owners and operators to directly input 
the worst case discharge volume in gallons and to obtain a spill 
surface area in square feet.
    EPA requested comment on the appropriateness of using specified 
distances to environmentally sensitive areas (fish and wildlife and 
sensitive environments) in the substantial harm criterion. Many 
commenters suggested that EPA allow a facility owner or operator to use 
alternative methods or set distances to determine the appropriate 
distance from the facility for screening purposes. In today's rule, the 
Agency allows the use of formulas comparable to the Appendix C formula 
to calculate the planning distance to fish and wildlife and sensitive 
environments or public drinking water intakes (see Sec. 112.20(a)(3) 
and Sec. 112.20(f)(i) (B) and (C)), provided that facility owners and 
operators attach documentation to the response plan cover sheet on the 
reliability and analytical soundness of the comparable formula. EPA 
believes that calculating a planning distance using the formulas in 
Appendix C is more appropriate than using set distances to fish and 
wildlife and sensitive environments, because of the wide variety of 
site-specific conditions that may surround a particular facility and 
the various flow characteristics of water bodies.
    In Sec. 112.2 of the proposed rule, EPA defined ``injury'' as ``a 
measurable adverse change, either long- or short-term, in the chemical 
or physical quality or the viability of a natural resource resulting 
either directly or indirectly from exposure to a discharge of oil, or 
exposure to a product of reactions resulting from a discharge of oil.'' 
This definition is adopted from the Natural Resource Damage Assessments 
(NRDA) rule at 43 CFR 11.14(v) to assist facility owners and operators 
and RAs to determine whether a facility is located at a distance from 
fish and wildlife and sensitive environments such that an oil spill 
will cause ``injury.'' The Agency requested comment on the 
appropriateness of defining ``injury'' in such a manner.
    Several commenters stated that the definition of ``injury'' was so 
broad that it would include almost every facility that stores greater 
than or equal to one million gallons of oil and would result in 
excessive regulation, economic burden, and unnecessary lawsuits. 
Several commenters stated that EPA should limit the definition of 
``injury'' so that facility owners and operators would only have to 
consider the potential to cause substantial harm, rather than the 
potential to cause any harm. Some commenters supported EPA's choice to 
incorporate a definition of ``injury'' that was already promulgated 
under other regulatory programs.
    The Agency carefully considered comments on the definition of 
``injury'' and consulted with NOAA and other Natural Resource Trustees 
agencies as to the merits of using an alternative definition. EPA 
maintains that the definition of ``injury'' is appropriate to assess 
substantial harm based on the extensive experience of Natural Resource 
Trustees in conducting evaluations of oil spill impacts on natural 
resources. Federal officials authorized by the President and the 
authorized representatives of Indian tribes and State and foreign 
governments act as public trustees to recover damages to natural 
resources under their trusteeship. Under the NCP, each trustee has 
responsibilities for protection of resources; mitigation and assessment 
of damage; and restoration, rehabilitation, replacement, or acquisition 
of resources equivalent to those affected. Because of the need to 
maintain consistency with the NCP, the Agency believes it is 
appropriate to use the definition of injury as established by the 
Natural Resource Trustees for this rule. In the preamble to the NRDA 
final rule (51 FR 27706), DOI indicates that the injury definition does 
not measure insignificant changes and that the definition relies on 
changes that have been demonstrated to adversely impact the resources 
in question, or services provided by those resources. EPA notes that 
there is nothing in the definition of ``injury'' that refers to the 
term harm (or substantial harm), and that the term ``injury'' is not 
equivalent to these terms. The potential for a spill to cause any 
injury to a fish and wildlife and sensitive environment coupled with a 
total oil storage capacity of greater than or equal to 1 million 
gallons forms one of the substantial harm criteria. The criterion is 
designed as an indicator of the potential for a discharge from a 
facility to cause substantial harm to the environment.
    The Agency requested comment on whether private drinking water 
supplies should be included in the criteria for determination of 
substantial harm. Some commenters supported the same treatment for 
private water intakes as for public water supplies if the private 
drinking water supplies are surface water intakes rather than 
groundwater wells. One commenter recommended that the RA consider 
private drinking water intakes in the determination of significant and 
substantial harm. Conversely, several commenters opposed the use of 
proximity to private drinking water intakes as a criterion for the 
substantial harm determination because most private drinking water 
intakes use groundwater. These commenters stated that such private 
intakes would be difficult to identify and locate. Two commenters 
suggested that EPA should define public drinking water intakes based on 
the definition of ``public water systems'' at 40 CFR 143.2(c) which 
excludes private water intakes.
    EPA agrees with the commenters that most private drinking water 
intakes are difficult to identify and that most use groundwater. In 
today's rule, EPA does not include proximity to private drinking water 
intakes as a criterion for use by owners or operators to identify 
whether their facility is a ``substantial harm facility.'' The RA, 
however, may consider a facility's proximity to private drinking water 
intakes in the determination of substantial harm or significant and 
substantial harm. In Appendix C to today's rule, EPA clarifies that 
public drinking water intakes are analogous to ``public water systems'' 
as defined at 40 CFR 143.2.
    Several commenters opposed the requirements to calculate a planning 
distance to determine substantial harm if a facility has adequate 
secondary containment. Some commenters stated that the planning 
distance calculations should reflect the presence of secondary and 
tertiary containment and give credit for flow reduction measures and 
inspection programs. The Conference Report states that in defining a 
worst case discharge as the largest foreseeable discharge at a 
facility, Congress intended to describe a spill that is worse than 
either the largest spill to date or the maximum probable spill for the 
facility type. (Conference Report No. 101-653, p. 147.) EPA interprets 
this language to mean that facility response plans should address cases 
where prevention measures could fail. Indeed, as detailed in the 
Technical Background Document\4\ supporting this rulemaking, in some 
cases, containment systems fail resulting in the discharge of oil to 
surface waters. Therefore, EPA maintains that proximity to fish and 
wildlife and sensitive environments and drinking water intakes must be 
considered despite the presence of secondary containment. This is an 
example of EPA's long established policy set forth in 
Sec. 112.1(d)(1)(i), that the determination of proximity ``shall be 
based solely upon a consideration of the geographical, locational 
aspects of the facility (such as proximity to navigable waters or 
adjoining shorelines, land contour, drainage, etc.) and shall exclude 
consideration of manmade features such as dikes . . .'' It is also 
consistent with the statutory definition of worst case discharge for 
vessels, which includes the entire cargo tank capacity, whether or not 
the vessel has a double hull or other spill prevention measures.
---------------------------------------------------------------------------

    \4\The Technical Background Document to Support the 
Implementation of the OPA Response Plan Requirements, U.S. EPA, 
February 1993. Available for inspection in the Superfund Docket, 
room M2615, at the U.S. Environmental Protection Agency, 401 M 
Street, SW., Washington, DC 20460.
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RA Determination
    Several commenters indicated their support for the provision in the 
proposed rule that states factors that the RA may use 
(Sec. 112.20(f)(2)) to determine whether a facility is a ``substantial 
harm facility'' irrespective of the substantial harm criteria in 
Sec. 112.20(f)(1). One of these commenters suggested that this 
authority provides a system of checks and balances that should ensure 
that all facilities subject to the regulation will be required to 
comply. Other commenters expressed concern that the authority granted 
to the RA in Sec. 112.20(b)(1) provides the RA with too much discretion 
in determining whether a facility is a ``substantial harm facility.'' 
Some of these commenters suggested that the criteria used by the RA 
should be objective and consistent with the criteria used by owners or 
operators, and expressed confusion about the RA's authority to use 
``other site-specific characteristics or environmental factors'' to 
select facilities. One commenter indicated that, as proposed, the RA 
would not be required to look at the relationship of the specified 
criteria provided in Sec. 112.20(f)(1) (e.g., the RA may consider that 
one criterion is enough to require a response plan to be submitted). 
One commenter felt that there is insufficient justification in the 
proposed rule for allowing the RA to select facilities that do not meet 
the criteria in Sec. 112.20(f)(1).
    EPA recognizes that RAs possess unique knowledge of Region-specific 
considerations that may have a bearing on whether to identify a 
facility as a ``substantial harm facility.'' This RA authority is 
necessary, because the OPA through E.O. 12777 directs EPA ultimately to 
determine which facilities are ``substantial harm facilities'' and 
``significant and substantial harm facilities.'' As such, EPA retains 
the RA determination component of substantial harm selection in the 
final rule. In Sec. 112.20(b)(1), EPA clarifies that if such a 
determination is made, the Regional Administrator shall notify the 
facility owner or operator in writing and shall provide a basis for the 
determination. Further, EPA notes that an appeals process is included 
to allow owners or operators the opportunity to challenge the RA's 
determination.
    EPA is developing a guidance document to assist the RA with the 
identification of ``substantial harm facilities.'' This guidance would 
outline specific screening procedures for use by RAs and will foster 
consistency in the way the substantial harm factors are applied. 
Further, RAs may use ``Guidance for Facility and Vessel Response Plans: 
Fish and Wildlife and Sensitive Environments'' (see Appendix E to this 
part, section 10, for availability) and information from the ACPs, when 
available, to identify fish and wildlife and sensitive environments as 
part of the substantial harm determination process.
Public Petitions
    Section 112.20(f)(2)(ii) allows any person who believes that a 
facility may be a ``substantial harm facility'' to provide information 
to the RA through a petition for his or her use in determining whether 
the facility should be required to prepare and submit a response plan. 
This petition must include a discussion of how the substantial harm 
factors in Sec. 112.20(f)(2)(i) apply to the facility.
    Commenters in favor of allowing the public to have input in the 
determination of whether a facility is a ``substantial harm facility'' 
argued that the public should play a larger role in the selection and 
review process. However, many of these commenters argued that the 
proposed procedures are too burdensome for petitioners and that the 
facility owner or operator should have the responsibility to provide 
the necessary information. Commenters against allowing public petitions 
felt that the public petition process would be burdensome to EPA and 
the regulated community. Some commenters argued that the public does 
not have enough information to participate in the process.
    In today's final rule, EPA establishes a process to allow the 
public the opportunity to provide input on a voluntary basis and 
welcomes such involvement. The Agency has decided to broaden the 
language in Sec. 112.20(f)(2)(ii) from the proposed rule to clarify 
that other government agencies in addition to the public may provide 
information to RAs for the determination of substantial harm and that 
the RA shall consider such petitions and respond in an appropriate 
amount of time. The Agency believes that information provided by the 
public and other government agencies will assist rather than burden the 
RA. However, reviewing non-transportation- related facilities' response 
plans for approval is a governmental function delegated to EPA.
    EPA wishes to clarify that it is not necessary for petitioners to 
determine quantitatively whether the facility meets one of the specific 
criteria in Sec. 112.20(f)(1), but rather to provide a reasonable 
basis, from the factors in Sec. 112.20(f)(2)(i), for asserting that the 
facility may pose a risk to the environment. A petition that fails to 
document the reasons why a facility should be classified as a 
``substantial harm facility'' (e.g., the facility is near a drinking 
water supply or a priority sensitive environment listed in an ACP, the 
facility has a history of frequent spills or poor maintenance, etc.) 
may not be considered by the RA. However, petitioners would not have to 
provide detailed analyses and calculations. Other avenues of 
participation for the public in the response planning process include 
involvement in the ACP development process or participation in the 
LEPC.
Determination of Significant and Substantial Harm
    As discussed in Section II.A of this preamble, RAs will review 
submitted plans to identify facilities that are ``significant and 
substantial harm facilities'' using the substantial harm factors set 
out in Sec. 112.20(f)(2), and additional significant and substantial 
harm factors in Sec. 112.20(f)(3).
    Several commenters supported the proposed factors to determine 
significant and substantial harm, indicating that EPA's use of risk-
based screening criteria for substantial harm and significant and 
substantial harm determinations would reduce the prospect of excessive 
regulation for those facilities that do not pose a significant risk. 
Others indicated that EPA should define more clearly the criteria that 
the RA would use to determine significant and substantial harm to help 
ensure consistent application of the criteria both within an EPA Region 
and across EPA Regions. Several commenters suggested that EPA develop a 
screening mechanism that would provide the RA with some concrete 
guidelines to follow but still allow some latitude to exercise his or 
her expert judgment.
    EPA Headquarters has provided written guidance\5\ to Regional 
personnel to assist them to determine which facilities are 
``significant and substantial harm facilities.'' The guidance provides 
a series of screens and instructions on how to evaluate the risk 
factors included at Sec. 112.20(f)(3) of today's rule. In general, the 
screens provide various combinations of the risk factors that indicate 
increased levels of risk posed by a particular facility. For example, a 
facility that has an oil storage capacity greater than 1 million 
gallons and meets more than one of the risk-based criteria described in 
Sec. 112.20(f)(1)(ii) (A) through (D) would be a ``significant and 
substantial harm facility.'' The guidance document will help ensure a 
greater degree of consistency in Regional determinations of 
``significant and substantial harm facilities,'' but preserves the RA's 
ability to make case-by-case determinations based on unique facility- 
or location-specific concerns.
---------------------------------------------------------------------------

    \5\``Interim Guidance for the Determination of Significant and 
Substantial Harm,'' U.S. EPA, June 15, 1993. Available for 
inspection in the Superfund Docket, Room M2615, at the U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.
---------------------------------------------------------------------------

    One commenter noted that EPA and the USCG chose different 
approaches for separating ``substantial harm facilities'' and 
``significant and substantial harm facilities.'' The commenter said 
that EPA's case-by-case determination of significant and substantial 
harm is more subjective than the USCG's, and has the potential for 
treating facility owners unequally.
    EPA believes that its approach to determine substantial harm and 
significant and substantial harm is consistent with the OPA and does 
not diverge from the USCG's approach. The agencies' approaches are 
parallel in that each accounts for the higher risk of harm associated 
with transfers of high volumes of oil over water (i.e., at locations 
adjacent to navigable waters). Because EPA regulates a larger and more 
diverse universe of facilities than the USCG, it would be difficult to 
publish a few general criteria that include the majority of high-risk 
facilities without also including many low-risk facilities. Therefore, 
as discussed previously, EPA decided to implement a substantial harm 
selection process with two components (i.e., published criteria and an 
RA determination). The OPA Conference Report explicitly states that 
significant and substantial harm criteria should include, at a minimum, 
oil storage capacity, location of fish and wildlife and sensitive 
environments, and location of potable water supplies. (H.R. Rep. No. 
101-653, 101st Cong., 2d Sess. 1991 at p. 150.) These criteria are 
among the elements the RAs may consider, as set forth in 
Secs. 112.20(f) (1) and (2) in making the significant and substantial 
harm determination. Further, where the Conference Report states that 
the criteria should not result in selection of facilities based solely 
on the size or age of storage tanks (See H.R. Rep. No. 101-653, 101st 
Cong., 2d Sess. 1990 at p. 150), it implies that these may be among the 
criteria. EPA does not agree that its case-by-case approach to identify 
a ``significant and substantial harm facility'' is overly subjective. 
As previously discussed, EPA has provided written guidance to Regions 
on the determination of significant and substantial harm to promote a 
more objective and consistent approach across all EPA Regions.
    As the President's designee for regulating non-transportation-
related onshore facilities, EPA has decided that Region-specific and 
facility-specific information is relevant in the determination of 
significant and substantial harm, because these elements may vary 
materially between Regions and facilities. For example, some facilities 
may be located on karst or unstable terrain because of the presence of 
underground streams or fault lines while other facilities are situated 
on more stable terrain where the risk of discharge may be lower.
    Some commenters argued that the RA should review and approve plans 
submitted by ``substantial harm facilities.'' They indicated that 
without such approval, these plans are likely to vary widely in their 
capacity to assure adequate response, and may even propose 
inappropriate use of dispersants or other treatment technologies.
    EPA agrees that a review of plans from ``substantial harm 
facilities'' may be desirable. The OPA legislative history indicates 
that criteria should be developed to select for review and approval 
plans for onshore facilities that could cause both significant and 
substantial harm. (See H.R. Rep. No. 101-653, 101st Cong., 2d Sess. 
1990 at p. 150.) Congress expected that only some proportion of all 
submitted onshore facility response plans would be reviewed and 
approved. The highest priority for EPA's use of limited resources must 
be directed to those facilities on which Congress has focused. The 
Agency has and will continue to undertake a limited review of all plans 
to identify ``significant and substantial harm facilities.''
Submission and Resubmission Process
    In Secs. 112.20(a)(2)(ii) and (iii) of the proposed rule, EPA 
proposed that newly constructed or modified facilities, which become 
subject to the response plan requirements, must prepare and submit a 
response plan prior to the start of operations of the new facility or 
modified portions of the facility. For unplanned changes that result in 
a facility meeting the substantial harm screening criteria, EPA 
proposed to allow the facility owner or operator six months to prepare 
and submit a response plan. Several commenters urged EPA to give owners 
and operators time following completion of construction or modification 
to prepare and submit a response plan to EPA (implying that operations 
should be allowed to proceed before submission of the response plan). 
Most commenters felt that the six-month time period was sufficient for 
submitting a facility response plan after unplanned changes.
    EPA does not require owners or operators to prepare and submit a 
plan before beginning or completing construction, but prior to the 
handling, storing, or transporting of oil. An owner or operator can 
prepare a plan during the construction phase, and complete and submit 
it before the facility is ready to come on line. EPA recognizes that 
changes to a facility's operations are common during the start-up phase 
of a new facility or new component of a facility. As stated in the 
proposed rule preamble (58 FR 8829), adjustments to the response plan 
can be made and submitted to the Agency after an operational trial 
period of 60 days. In today's final rule, the Agency adds this 
recommendation as a requirement at Sec. 112.20(a)(2)(ii) and (iii) 
(Sec. 112.20(a)(2)(i)(B) and (C) of the proposed rule) and clarifies 
that adjustments to the plan to reflect changes that occur at the 
facility during the start-up phase must be submitted after an 
operational trial period of 60 days. EPA believes that this revision 
will ensure that the information contained in the plan is reflective of 
the normal operating conditions at the facility.
    Section 311(j)(5)(C) of the CWA states that facility response plans 
must be updated periodically, and under section 311(j)(5)(D), EPA (as 
the President's delegatee) is required to review periodically, and, if 
appropriate, approve each plan for a ``significant and substantial harm 
facility.'' In Sec. 112.20(g), the proposed rule provided that owners 
or operators must review relevant portions of the NCP and applicable 
ACP annually and revise the response plan to ensure consistency with 
these plans. Section 112.20(g) of the proposed rule also proposed to 
require owners or operators to update their plans periodically when 
changes at the facility warrant such updates. In Sec. 112.20(c), the 
proposed rule stated that the RA would review periodically response 
plans for ``significant and substantial harm facilities.'' No other 
specific time periods for plan review were proposed, but in the 
preamble EPA solicited comments on how frequently the RA should review 
approved response plans.
    Several commenters suggested that the rule should provide definite 
time periods for plan review, and some supported annual plan review by 
each facility. Many commenters had an opinion about the frequency of 
review of approved plans by the RA. Some supported a three-year time 
period, but the majority preferred five years. A few commenters 
expressed concern that specific reevaluation and reapproval intervals 
were not part of the proposed rule.
    As described in the proposed rule, the owner or operator of a 
``substantial harm facility'' must review the NCP and the ACP annually 
and revise the plan, if necessary, to be consistent with these 
documents. (See Sec. 112.20(g)(2).) To clarify other review 
requirements, EPA has reorganized Sec. 112.20(g) by removing the 
requirement for periodic review and update of the plan from paragraph 
(g)(1) and moving it to new paragraph (g)(3). In Sec. 112.20(c) of the 
final rule, EPA revises paragraph (c)(4) to indicate that approved 
plans will be reviewed by the RA periodically on a schedule established 
by the RA provided that the period between plan reviews does not exceed 
five years. As discussed previously, RAs may choose to stagger such 
reviews to facilitate the review process. This five-year time period is 
consistent with the USCG interim final rule for MTR facilities. (See 33 
CFR part 154.) Within the five-year period, EPA will undertake a full 
reevaluation of the plan and, if necessary, require amendments. With 
regard to commenters' concerns that specific review intervals were not 
identified in the proposal, periodic review is expressly required by 
OPA, and EPA requested comment on what review interval would be 
appropriate (See 58 FR 8828).
    Proposed Sec. 112.20(d) would require owners or operators of 
``significant and substantial harm facilities'' to revise and resubmit 
the plan for approval within 60 days of each material change at the 
facility. EPA revises Sec. 112.20(d)(1) to indicate that owners or 
operators of all facilities for which a response plan is required 
(``substantial harm facilities'' and ``significant and substantial harm 
facilities'') must revise the plan (and resubmit relevant portions to 
the RA) when there are facility changes that materially may affect the 
response to a worst case discharge. This change is necessary to ensure 
that EPA receives the necessary information to determine if 
``substantial harm facilities'' undergo changes that could lead to 
their being designated as ``significant and substantial harm 
facilities.'' The requirement for the RA to review for approval changes 
to plans for ``significant and substantial harm facilities'' that was 
proposed at Sec. 112.20(d)(1) has been moved to new Sec. 112.20(d)(4). 
Some commenters supported the 60-day time period, some thought it was 
too short, and others thought it was too long. One commenter pointed 
out that proposed Sec. 112.20(d)(2) implied that material changes must 
be approved prior to being made. A few commenters requested 
clarification on which material changes trigger resubmission, and two 
commenters opposed resubmitting the entire plan, rather than a plan 
amendment. EPA requested comments on the proposal in Sec. 112.20(d)(2) 
that owners and operators must submit changes to the emergency 
notification list to the RA as these changes occur, without 
resubmitting the plan for approval. Some commenters supported the 
proposal and others opposed it as an unnecessary burden.
    As stated in the preamble to the proposed rule, a material change 
is one that could affect the adequacy of a facility's response 
capabilities. The material changes listed in the final rule are not 
inclusive, but are similar to those in the USCG regulations at 33 CFR 
154.1065 for revisions that must be submitted by a MTR facility for 
inclusion in an existing plan or for approval. Because of the scope of 
facilities that EPA regulates, it is difficult to provide a definitive 
list of all material changes that would be appropriate for regulated 
facilities under all circumstances. EPA's intent in including those 
changes listed in Sec. 112.20(d)(1)(i) through (iv) is to describe 
those types of changes that are so significant in nature that they 
should trigger revision of the response plan and submission of the new 
information to EPA for review.
    EPA clarifies in Sec. 112.20(d) (1) and (2) that a change in the 
identity of an OSRO(s) is a material change requiring approval only if 
it results in a material change in support capabilities. However, a 
copy of any such change must be provided to the RA. Paragraph (d)(1)(v) 
specifies that any other changes that materially affect implementation 
of the response plan would trigger submission. This requirement allows 
the RA discretion to determine on a site-specific basis what changes 
may require submission because they materially affect implementation of 
the facility's response plan. The purpose of proposed Sec. 112.20(d)(2) 
was to clarify that certain changes, such as revised names or telephone 
numbers, do not require RA approval but must be included in updating 
the plan. To avoid confusion, the word ``prior'' has been removed in 
the final rule. EPA does not intend minor changes to facility 
operations (e.g., small fluctuations in the number of product 
transfers) or response planning procedures (e.g., changes in the 
internal alerting procedures) to trigger submission.
    The 60-day time period for submitting revised portions of the plan 
as a result of a material change is retained in the final rule. EPA 
believes the 60-day time period is reasonable and is consistent with 
the intent of the OPA, while giving facility owners or operators 
flexibility to comply with the response plan requirements in a timely 
manner. Furthermore, to ease the burden on facility owners or 
operators, EPA revises Sec. 112.20(d)(1) in the final rule to indicate 
that the owner or operator must submit only relevant portions of the 
plan (i.e., those portions that were revised to reflect the material 
change) and not the entire response plan. This change will facilitate 
the process to revise and submit required information within 60 days of 
the change. RAs will review submitted information for approval and 
notify owners or operators within a reasonable time if the plan 
amendments are unacceptable.
Appeals Process
    In the proposed rule, the Agency requested comment on allowing the 
owner or operator to participate in and appeal the RA's determination 
of substantial harm and significant and substantial harm, and the 
disapproval of a facility response plan.
    Several commenters were concerned that lack of an appeals process 
would deprive facility owners or operators of their due process. Many 
commenters supported a formal appeals process, while others stated that 
an exchange of information before an appeal would assist the RA in 
making a final determination. Others preferred a combined appeals 
process, with the first stage of an appeal involving an informal 
exchange of information followed, if necessary, by a formal appeals 
process (such as described in Sec. 112.4(f)) to ensure due process. 
Several commenters requested a process by which a facility could be 
removed from the category of substantial harm or significant and 
substantial harm because of improvements at the facility that lead to 
reduced risk to the environment.
    EPA recognizes the importance of allowing facility owner or 
operators to present relevant information, and therefore includes in 
Sec. 112.20(i) of today's final rule a two-part appeals process. The 
first stage allows a facility owner or operator to submit to the RA a 
request for reconsideration that includes information and data to 
support the request. The RA would evaluate the submitted information 
and reach a decision on the facility's risk classification or the 
status of plan approval (including whether changes to a facility's 
worst case discharge planning volume are necessary for approval) as 
rapidly as possible. EPA expects that the request for reconsideration 
process will be the primary mechanism to address disputes over EPA 
decisions. However, a follow-up process will also be available for 
appeal of the RA's determination to the Administrator of EPA using 
procedures similar to those in Sec. 112.4(f).
    The appeals processes described in the preceding paragraph are also 
available to owners or operators of facilities that have been 
classified as substantial harm or significant and substantial harm for 
some time and who believe that, because of an unplanned event (e.g., a 
significant change to the ACP's list of protection priorities) or 
improvements at the facility (e.g., construction of adequate secondary 
containment or an improved spill history), the facility now poses a 
lower risk of harm to the environment.
Certification of Non-Substantial Harm
    EPA proposed in Sec. 112.20(e) to require that owners or operators 
of those regulated facilities not submitting response plans complete 
and maintain at the facility, with the SPCC Plan, a certification form 
that indicates that the facility was determined by the owner or 
operator not to be a ``substantial harm facility'' as indicated by the 
flowchart contained in Appendix C.
    Several commenters supported EPA's proposal to allow facilities to 
self- certify when they do not meet the criteria for substantial harm 
and agreed that submission of the form to EPA was unnecessary. However, 
other commenters were concerned that there is no outside review or 
verification of a facility owner's or operator's evaluation of the 
substantial harm criteria. Those commenters suggested that the rule be 
amended to require officials from EPA or some other agency (e.g., the 
State water pollution control agency, the SERC, the LEPCs, or the 
natural resource management agencies) review determinations and 
calculations made by facility owners or operators who have not 
submitted facility response plans. Others requested that EPA provide 
more assistance to ensure that certification is done properly (e.g., a 
hotline or guidance manual). Several commenters indicated that 
completing the form was burdensome, especially to small facilities, and 
questioned the benefits of completing and maintaining the form.
    Today, EPA finalizes at Sec. 112.20(e) the requirement to complete 
and maintain a certification form as it was proposed in the proposed 
rule. EPA maintains that it is not necessary to submit the form to the 
RA or other government officials. EPA believes that the certification 
form does not involve a major effort to complete and has value as an 
enforcement tool and as a record of awareness of response planning 
requirements. Facility owners or operators can, if necessary, consult 
with appropriate Regional personnel or the SPCC Information Line (202-
260-2342) for additional information on evaluating the criteria in 
Sec. 112.20(f)(1) and completing accompanying certification form.
    Agency agrees that verification of a facility's determination may 
sometimes be appropriate. EPA anticipates that during facility 
inspections, Regional personnel will review the certification form and 
other information for facilities without a response plan.
Model Response Plan
    Today, EPA finalizes the model response plan in Appendix F (which 
has been relabeled from the proposed rule where it was called Appendix 
G) with a series of minor changes. These changes are to clarify certain 
provisions, improve the organization of the model plan, and ensure 
greater consistency with the response plan rules of other Federal 
agencies.
    In the proposed rule, EPA proposed that owners or operators 
identify and describe the duties of the facility's ``emergency response 
coordinator'' in the facility response plan. This person was to be the 
``qualified individual'' required by section 311(j) of the CWA, and 
would have full authority, including contracting authority, to 
implement removal actions. Proposed Sec. 112.20(h)(3)(ix) set out the 
duties of the emergency response coordinator. The USCG's interim final 
rule (58 FR 7330, February 5, 1993) requires the owner or operator to 
name a ``qualified individual'' who has the duties of EPA's ``emergency 
response coordinator.'' Several commenters suggested EPA and the USCG 
adopt uniform terms in their final rules for identifying this 
individual. One commenter specifically suggested that EPA replace 
``emergency response coordinator'' with the USCG's term, ``qualified 
individual.''
    EPA agrees, and has changed the term ``emergency response 
coordinator'' wherever it appears in today's rule to ``qualified 
individual.'' Although EPA is not amending the necessary qualifications 
or description of duties for the qualified individual, the Agency 
stresses that the qualified individual should be able to respond 
immediately (i.e., within 2 hours) to a spill at the facility.
    In section 1.1 of Appendix G of the proposed rule (Appendix F in 
the final rule), the Agency indicated the Emergency Response Action 
Plan (ERAP) shall include a description of immediate actions, and 
referenced section 1.7 of the model plan. Several commenters requested 
clarification on what should be described in this section. To clarify 
what constitutes a description of immediate actions, EPA has changed 
the reference for immediate actions to section 1.7.1, which focuses on 
the implementation of response actions. For the purpose of the ERAP, 
immediate actions include, at a minimum: (1) Stopping the flow of 
spilled material (e.g., securing pumps, closing valves); (2) warning 
personnel; (3) shutting off ignition sources (e.g., motors, electrical 
circuits, open flames); (4) initiating containment; (5) notifying the 
National Response Center; and (6) notifying appropriate State and local 
officials. A sample form for describing immediate actions in the plan 
is also included in Appendix F.
    In Sec. 112.20(h)(3)(vii) of the proposed rule, EPA proposed to 
require facility owners or operators to include plans for evacuation of 
facilities and surrounding communities to ensure the safety of 
individuals that are at high risk in the event of a spill or other 
release (this information was also to be included in the emergency 
response action plan). Several commenters stated that requiring 
facilities to assume primary responsibility for the development of 
evacuation plans for the surrounding community is unreasonable. These 
commenters stated that Federal, State, and local agencies, which have 
expertise in emergency evacuation, are responsible for the preparation 
and implementation of community evacuation plans.
    EPA does not intend for facilities to develop community evacuation 
plans, but any plans affecting the area surrounding the facility must 
be referenced in the response plan. Sections 112.20 (h)(1)(vi) and 
(h)(3)(vii) are revised to clarify the requirement to reference 
community evacuation plans. Facility owners or operators should contact 
the Fire Department and LEPC to assure coordination with existing 
community evacuation plans.
    In section 1.4.3 of proposed Appendix G (Appendix F in this final 
rule), EPA recommended that facility owners or operators complete a 
quantitative analysis of spill potential to aid in developing discharge 
scenarios and response techniques, and consider factors such as tank 
age, spill history, horizontal range of a potential spill, and 
vulnerability to natural disasters. Several commenters stated that the 
analysis was unnecessary and burdensome, and requested guidance about 
the level of effort the Agency expects to be expended to analyze a 
facility's spill potential (e.g., tank by tank evaluation, general site 
study).
    In response to commenters' concerns, EPA has reworded section 1.4.3 
of the appendix by deleting the word ``quantitative'' from the 
description of the spill probability analysis. This should decrease the 
burden on the regulated community by giving facility owners and 
operators the flexibility to determine what factors to consider and 
allowing them to perform a more general analysis, including 
quantitative and/or qualitative factors, using the information in 
section 1.4.3 of the model plan as a guide.
    In section 1.8 of Appendix G of the proposed rule, EPA proposed to 
require facilities to maintain training and meeting logs in the 
response plan to aid facility owners, operators, and employees in spill 
prevention awareness and response requirements. Several commenters 
stated that including logs within the response plan would detract from 
their effectiveness. In response to these commenters' concerns, the 
Agency indicates in Sec. 112.20(h)(8)(iv) and in Appendix F of the 
final rule that logs may be included in the facility response plan or 
kept as an annex to the plan.
    To facilitate the review of response plans for complexes, EPA 
requires in today's final rule that the owner or operator of a complex 
identify, on the facility diagram submitted with the response plan, the 
interface between portions of the complex that are regulated by 
different agencies. (See section 1.9 of Appendix F.) EPA requires this 
interface to be consistent with the USCG's interim final rule for MTR 
facilities.
Facility Response Plan Certification
    In Section III.G of the preamble to the proposed rule, EPA 
requested comment on a requirement for certification by a Registered 
Professional Engineer (PE) for certain portions of the response plan, 
such as determination of worst case discharge. EPA also solicited 
comment on which professions may be suitable to evaluate and certify 
the contents of the response plan if EPA determines a certification 
requirement is appropriate. In particular, the Agency requested comment 
on the suitability of Certified Hazardous Materials Managers to perform 
the plan certification function.
    The Agency received many comments on the issue of certification of 
response plans. In general, commenters expressed support for the 
rulemaking effort and the certification provision, and sought EPA's 
consideration on the suitability of different professions to review and 
approve response plans. Among the remaining commenters (those not 
affiliated with an environmental professional organization), almost 
two-thirds felt that certification was unnecessary and cited cost, PE's 
unfamiliarity with the facility, and EPA review as the major reasons 
for their opposition. Some commenters indicated that, at most, 
certification should be limited to construction or structural aspects 
of the facility described in the response plan, because oil spill 
response training and knowledge is not widespread among many 
environmental professionals. Others said they would favor certification 
only if an in-house employee could perform the function. In addition, 
many commenters who supported the certification provision requested 
that EPA develop uniform standards for certifying, ranking, and 
approving the use of different types of environmental professionals.
    The Agency considered these comments and has decided not to require 
plan certification by an outside professional in the final rule. 
Facility response plans from ``significant and substantial harm 
facilities'' are already subject to review and approval by EPA. In 
addition, facility owners and operators are required to certify (on the 
cover sheet in Appendix F) that the information contained in the plan 
is accurate. EPA believes that this certification will be sufficient to 
ensure accurate and comprehensive implementation of the response plan 
requirements and that additional certification would be unnecessary and 
burdensome to the regulated community. This approach is consistent with 
the approaches taken by RSPA and the USCG in implementing facility 
response plan requirements.
Contract or Other Approved Means
    In Sec. 112.2 of the proposed rule, EPA defined ``contracts or 
other approved means'' to include written contractual agreements with 
an OSRO(s), written certifications, active membership in an OSRO, and 
other specific arrangements approved by the RA. EPA's intent in 
including the fourth option was to allow the RA discretion to accept 
alternate arrangements not covered by the first three mechanisms that 
would also satisfy the OPA requirement to ensure the availability of 
private personnel and equipment necessary to respond, to the maximum 
extent practicable, to a worst case discharge.
    The comments addressing this issue were mixed. Commenters, in 
general, requested that EPA's definition more closely mirror the 
definition used in the USCG's interim final rule for MTR facilities. 
(See 33 CFR 154.1028.) Some commenters requested that EPA adopt, in 
addition to the proposed language, several additional methods that the 
USCG included in its definition. One method provides an alternative for 
use by all MTR facilities to ensure the availability of response 
resources. The method requires a document that identifies the resources 
of the OSRO(s) capable of being provided within stipulated response 
times in the specific geographic area; includes the parties' 
acknowledgement that the OSRO(s) will commit the resources in the event 
of a required response; allows the USCG to verify the availability of 
documented resources; and is referenced in the response plan. Another 
USCG method, acceptable for ``substantial harm facilities'' and MTR 
facilities that handle, store, or transport Group 5 persistent oils and 
non-petroleum oils, permits the identification of an OSRO(s) and 
resources willing to respond within stipulated response times in the 
specified geographic area. This method does not require a contract 
between the facility and OSRO(s), but requires the OSRO(s) to supply a 
letter to the facility stating its willingness to respond to a 
discharge at the facility and that it has the specified resources. 
Commenters explained their preference for these two methods to ensure 
consistency with the USCG's interim final rule for MTR facilities, 
avoid different procedures for complexes, address small contractor 
financial concerns, and reduce confusion among the regulatory agencies 
reviewing plans to ensure response contractor capabilities.
    Several commenters supported EPA's proposed definition citing its 
greater simplicity and flexibility; however, these commenters stressed 
that the RA be granted broad flexibility in exercising his or her 
authority to determine appropriate ``other approved means.''
    In today's final rule, the definition of ``contract or other 
approved means'' has been revised to replace the term ``response 
contractor'' with the term ``oil spill removal organization(s)'' to 
match the USCG's language. For clarification, EPA also adds a 
definition for ``oil spill removal organization'' in Sec. 112.2 of 
today's rule. The definition is similar to that used in the USCG's 
interim final rule for MTR facilities. An OSRO is defined as an entity 
that provides response resources, and includes any for-profit or not-
for-profit contractor, cooperative, or in-house response resources that 
have been established in a geographic area to provide required response 
resources. These changes do not alter the meaning of the term 
``contract or other approved means'' as originally proposed. The EPA 
definition includes four means that owners or operators can use to 
ensure the availability of required response resources. The first is a 
written contract with an OSRO(s) (i.e., a response contractor). The 
second is for the facility owner or operator to provide and operate 
facility-owned equipment. The third is active membership in an OSRO(s) 
(i.e., a local or Regional oil spill response cooperative).
    Finally, EPA's fourth means has the flexibility inherent in the 
USCG's previously referenced methods in that it allows all regulated 
facilities to propose other means of demonstrating adequate response 
capability, subject to approval by the appropriate RA. Among the kinds 
of instruments which an RA might find a sufficient means of ensuring 
availability of required resources is a document that incorporates the 
elements set out in the USCG's interim final rule for MTR facilities at 
33 CFR 154.1028(a)(4) (i) through (iii). For example, an RA might find 
a document sufficient to ensure availability if it identified the 
response resources being provided by the OSRO(s); set out the parties' 
acknowledgement that the OSRO(s) intends to commit the resources in the 
event of a response; permitted EPA to verify the availability of 
resources through tests, inspection, and drills/exercises; and is 
referenced in the response plan.
Maximum Extent Practicable
    The OPA requires that a facility response plan be developed to 
respond to the maximum extent practicable, to a worst case discharge of 
oil. The Conference Report states that to determine maximum extent 
practicable, the President should ``consider the technological 
limitations associated with oil spill removal, and the practical and 
technical limits of the spill response capabilities of individual 
owners and operators.'' (H.R. Rep. No. 101-653, 101st Cong., 2d Sess. 
1991 at p. 150.)
    In Sec. 112.2 of the proposed rule, EPA proposed to define 
``maximum extent practicable'' as ``the limitations used to determine 
oil spill planning resources and response times for on-water recovery, 
shoreline protection, and cleanup for worst case discharges from 
onshore non-transportation-related facilities in adverse weather. The 
appropriate limitations for such planning are available technology and 
the practical and technical limits on an individual facility owner or 
operator.''
    Numerous commenters objected to EPA's definition. Many of the 
commenters argued that EPA did not consider economic limits in defining 
maximum extent practicable, and that Congress intended for EPA to 
evaluate costs and other economic considerations in defining the term. 
Two commenters suggested that EPA amend the term to include the word 
``economic.'' Another commenter stated that Congress intended for the 
Agency to apply the concept based on what is technologically and 
economically feasible for an individual owner or operator, and EPA was 
remiss in failing to engage the industry in a discussion of costs from 
the industry's perspective. This last point, they argued, was 
compounding the USCG's failure to engage the industry in a ``full-blown 
discussion of costs'' during its Negotiated Rulemaking on the vessel 
oil response plan rule. The commenter argued further that in 
determining ``maximum extent practicable'' for owners and operators, 
EPA was required to factor in public response resources.
    One commenter said that there are so few oil spill response 
organizations available that the demand for their services to meet 
worst case discharge planning volumes would place an undue financial 
burden on facility owners and operators who must procure those 
services. Another commenter suggested a revision to the definition to 
delegate authority to the RA to decide what ``maximum extent 
practicable'' means. Some said that EPA should revise the definition to 
make it more consistent with the USCG's.
    EPA has factored costs into the definition of maximum extent 
practicable through procedures contained in Appendix E to today's rule 
to be used by owners or operators to determine appropriate levels of 
response resources. (As discussed later in this preamble, the 
requirements in Appendix E were prepared from a similar set of 
instructions developed by the USCG.) For example, in determining what 
is ``practicable,'' Appendix E sets caps for the facility on the amount 
of response resources for which a facility owner or operator must 
contract or ensure by other approved means. These caps reflect the 
limits of currently available technology and private removal 
capabilities, and will be adjusted upward to reflect anticipated 
increases in private removal capabilities through the year 2003. 
Appendix E also includes tiered arrival times for response resources so 
that a facility owner or operator does not have to plan for all 
required resources to be located at the facility or in its immediate 
area.
    With regard to the involvement of Federal response resources in 
determining maximum extent practicable, EPA notes that a major 
objective of the OPA amendments to section 311(j)(5) of the CWA is to 
create a system in which private parties supply the bulk of response 
resources needed for an oil spill response in a given area. A worst 
case discharge will likely require the use of both public and private 
resources. However, section 311(j)(5)(C)(iii) states specifically that 
a facility owner or operator must identify and ensure by contract or 
other approved means the availability of private personnel and 
equipment necessary to remove to the maximum extent practicable a worst 
case discharge. EPA cannot, in defining ``maximum extent practicable,'' 
abrogate this statutory requirement.
    In response to the comment that the rule will benefit response 
contractors at great cost to owners and operators, EPA notes that the 
statute requires owners and operators to ensure the availability of 
private resources. In setting out four ways to ensure availability 
(only one of which is a written contractual agreement), EPA has 
attempted to give private parties the maximum possible flexibility to 
construct arrangements to meet this statutory objective.
    EPA agrees with the commenters who suggested that the definition of 
maximum extent practicable be made more consistent with the USCG's and 
that the RA have the ability to evaluate ``maximum extent practicable'' 
in a given Region. Therefore, in Sec. 112.2 of the final rule, the 
definition of ``maximum extent practicable'' is revised to be more 
consistent with the USCG's and to include a provision on RA authority.
Other Definitional Changes
    Commenters suggested that EPA and the USCG should better coordinate 
certain parts of their respective regulations to allow complexes to 
follow a single set of requirements. As discussed in Section I.C of 
this preamble, EPA and the USCG participated in a series of cross-
agency meetings to facilitate consistency in response plan 
requirements. In today's final rule, EPA has revised the definitions of 
``adverse weather'' and ``contracts or other approved means'' in 
Sec. 112.2 of the rule; added a definition of ``oil spill removal 
organization'' in Sec. 112.2 of the rule; and revised ``Great Lakes,'' 
``higher volume port area,'' and ``inland area'' in Appendix C of the 
rule to more closely follow the USCG's definitions in its interim final 
rule for MTR facilities. In addition, EPA adds to Appendix E 
definitions for the terms ``nearshore,'' ``ocean,'' ``operating area,'' 
and ``operating environment,'' also adopted from the USCG's interim 
final rule for MTR facilities. These revisions are conforming changes 
and are for the most part non-substantive. A summary of the changes 
follows. (The definitions of ``contracts or other approved means'' and 
``oil spill removal organization'' are discussed elsewhere in this 
preamble.)
     The definition of ``adverse weather'' is revised to 
include references to weather conditions such as wave height, ice 
conditions, temperatures, weather-related visibility, and currents 
within the area in which the equipment is to function. These changes 
result in an expanded definition of ``adverse weather'' that is as 
consistent as possible with the USCG definition of the same term, that 
incorporates relevant weather conditions which contribute to adverse 
weather, and that maintains a standard against which to evaluate 
weather conditions.
     A definition of ``oil spill removal organization'' (OSRO) 
has been added, because this term is included in the definition of 
``contract or other approved means.''
     The definition of ``Great Lakes'' is revised to match the 
USCG's definition.
     The definition of ``higher volume port area'' was revised 
to add several port areas contained in the USCG's definition.
     The definition of ``inland area'' was changed to remove 
rivers and canals from the water bodies that are excluded in the USCG's 
definition.
     The definition of ``nearshore'' was added to ensure 
greater consistency with the USCG's interim final rule for MTR 
facilities and facilitate the use of Appendix E.
     The definition of ``ocean'' as it applies to facilities in 
EPA's jurisdiction was added to be consistent with the USCG's interim 
final rule for MTR facilities and facilitate the use of Appendix E. 
``Ocean'' describes the operating environment normally found in 
nearshore areas.
     The definition of ``operating area'' was added to be 
consistent with the USCG's interim final rule for MTR facilities and 
facilitate the use of Appendix E. ``Operating area'' means the 
geographic location in which a facility is handling, storing, or 
transporting oil. The four operating areas applicable to EPA's 
jurisdiction are Rivers and Canals, Inland Areas, Nearshore, and Great 
Lakes. The operating area classification may not be changed by the OSC 
and the boundaries of each area are specified in their definition.
     The definition of ``operating environment'' was added to 
be consistent with the USCG's interim final rule for MTR facilities and 
facilitate the use of Appendix E. ``Operating environment'' means the 
conditions in which the response equipment is designed to function. The 
four operating environments are Rivers and Canals, Inland Areas, Great 
Lakes, and Oceans. The OSC may reclassify a specific body of water in 
the ACP to better reflect conditions expected to be encountered in an 
operating area during response activities.\6\
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    \6\The conditions present in each operating environment (i.e., 
significant wave height and sea state) are listed in Table 1 of 
Appendix E and will normally be conditions present in each 
corresponding operating area. For example, an owner or operator 
whose facility is located on a river (i.e., the Rivers and Canals 
operating area) will normally have to plan to respond to a spill 
using equipment capable of functioning in the Rivers and Canals 
operating environment, (i.e., the conditions described by a 
significant wave height of less than or equal to 1 foot or a sea 
state of 1). The Ocean operating environment normally describes the 
conditions present in the Nearshore operating area (i.e., 
significant wave height of less than or equal to 6 feet and a sea 
state between 3 and 4). While the OSC can not change the operating 
area, he or she may change the operating environment for a given 
location if it is determined that the new operating environment 
better describes the conditions present at that location. Any 
reclassification of a specific location must be done in the 
appropriate ACP.
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    These changes should eliminate confusion on the part of owners or 
operators of complexes in complying with the response plan requirements 
contained in today's rule, and facilitate the development of a single 
plan with separate sections addressing each component of a complex 
regulated by more than one agency.
Equipment Requirements
    In Appendix F to the proposed rule (Appendix E in this final rule), 
EPA provided methodologies to assist facility owners and operators in 
determining the types and amounts of equipment and response times that 
are needed to respond to spills of a given size. As discussed 
previously, the methodologies were prepared from similar instructions 
developed by the USCG and adapted to reflect the type and location of 
facilities that EPA regulates. The Agency requested comment on the 
procedures contained in Appendix F of the proposed rule for the 
determination and evaluation of required response resources. In 
addition, EPA solicited comment on whether the methodologies are 
appropriate for planning for inland spills by owners or operators of 
non-transportation-related onshore facilities.
    Numerous comments were received on proposed Appendix F (Appendix E 
in this final rule). In general, commenters requested that EPA and the 
USCG work toward facilitating a greater degree of consistency in their 
respective sets of equipment requirements. As discussed previously, a 
series of cross-agency meetings were conducted to resolve differences 
between the approaches taken by the various Federal agencies 
implementing OPA requirements.
    For reasons discussed earlier in this preamble, proposed Appendix F 
has been renamed and relettered as Appendix E of today's final rule and 
the mandatory nature of certain requirements has been clarified while 
preserving flexibility for facilities with unique circumstances. Other 
changes (including the definitional changes already discussed) have 
been made to ensure consistency with Appendix C of the USCG's interim 
final rule for MTR facilities. Consistency between the rulemakings will 
help the regulated community to develop and implement response plans 
efficiently. A discussion of the major issues raised by commenters on 
the equipment appendix follows.
    In the table in section 5.3 of the appendix, tiered response times 
for facilities in the Great Lakes operating area were grouped with the 
response times for the Higher Volume Port operating areas. Commenters 
stated that EPA's tiered response times should match those used by the 
USCG. To maintain consistency with the USCG, EPA has changed the Table 
in section 5.3 of Appendix E. The Great Lakes have been grouped with 
all other rivers, inland, and nearshore areas into Tiers 1, 2, and 3 
with response times of 12, 36, and 60 hours, respectively. Conforming 
changes are also included in section 7.2.3 of Appendix E.
    Because of the frequency of spills to shallow waters and the need 
for specialized recovery devices in these environments, EPA adds 
section 5.6 to Appendix E. This section was adopted from the USCG's 
interim final rule for MTR facilities and requires facility owners or 
operators to ensure that resources are available for shallow water 
response activities. The provisions indicate that at least 20 percent 
of the on-water response equipment should be identified for operating 
in water 6 feet deep or less.
    In the proposed rule, EPA proposed that owners or operators 
consider four groups of oil (the heavier oils were included in the 
Group 4 oils) when evaluating response resources. Commenters stated 
that EPA should adopt a separate category for oils with a specific 
gravity greater than or equal to 1.0 and provide appropriate guidelines 
to determine response resources for discharges of such oils. In today's 
rule, EPA adds a category for Group 5 oils to the definition of 
``persistent oils.'' Group 5 oils are oils with a specific gravity of 
greater than or equal to 1.0. Because Group 5 oils sink or remain 
suspended beneath the water's surface, the resources and techniques 
that needed to respond to discharges of these types of oils are 
different from those used to respond to discharges of oils that float 
on water. Response resource requirements and the specific conditions 
that owners and operators need to consider when planning to respond to 
discharges of Group 5 oils are added in section 7.6 of Appendix E. To 
ensure adequate response resource planning, EPA clarifies in section 
7.2.2 of Appendix E that, in order to identify the required amount of 
response equipment, facilities handling, storing, or transporting some 
combination of Group 1 through 4 oils (e.g., a Group 1 oil and a Group 
3 oil) must do separate calculations using the worksheet in Attachment 
E-1 for each oil group on site except for those oil groups that 
constitute 10 percent or less by volume of the total storage capacity 
at the facility. Owners or operators must then select the oil group 
that results in the largest on-water recovery volume to plan for the 
amount of response resources for a worst case discharge. (Group 5 oils 
should be addressed separately using the separate procedures to 
determine response resources that are contained in Appendix E.)
    In the proposed rule, EPA proposed that owners or operators of 
facilities that handle, store, or transport, non-petroleum oils 
calculate an amount of response equipment by grouping all non-petroleum 
oils as Group 4 oils and using the associated emulsification factors 
and other parameters listed in the tables of Appendix F of the proposed 
rule. Some commenters suggested that EPA establish separate response 
plan requirements and selection criteria for owners or operators of 
facilities that handle, store, or transport non-petroleum oils. These 
commenters argued that fundamental chemical and physical differences 
between petroleum and non-petroleum oils indicate the necessity for 
different response techniques and equipment. Two of the commenters 
stated that USCG regulations create separate response plan development 
and evaluation criteria for non-petroleum oils, and one commenter 
recommended that EPA adopt the USCG criteria. Some commenters stated 
that for the purposes of this rulemaking, the term ``oil'' should 
exclude non-petroleum oils.
    EPA has determined that for the purposes of section 311(j) 
planning, the OPA includes non-petroleum oils. The Agency notes that 
the definition of ``oil'' in the Clean Water Act includes oil of any 
kind, and that EPA uses this broad definition in 40 CFR part 110, 
Discharge of Oil.
    EPA agrees with commenters that certain equipment and strategies 
used for petroleum oil spills may be inappropriate for non-petroleum 
oil. The Agency further agrees that making its regulations match the 
USCG's as nearly as practicable will reduce the prospects for confusion 
among facility owners or operators--especially owners or operators of 
complexes. Reducing confusion, in turn, increases compliance at the 
least possible cost and expedites the development of a national oil 
response planning program. Therefore, the Agency has decided to adapt 
for non-transportation-related facilities under EPA jurisdiction, the 
USCG approach to determine response resources for non-petroleum oils.
    This adaptation means that in calculating required response 
resources for non-petroleum facilities, an owner or operator will not 
use emulsification or evaporation factors in Table 3 of Appendix E. 
Rather, these facility owners or operators must: (1) Show procedures 
and strategies for responding to the maximum extent practicable to a 
worst case discharge; (2) show sources of equipment and supplies 
necessary to locate, recover, and mitigate discharges; (3) demonstrate 
that the equipment identified will work in the conditions expected in 
the relevant geographic areas, and respond within the required times 
(according to Table 1 of Appendix E); and (4) ensure the availability 
of required resources by contract or other approved means. At such time 
as there are results from research on such factors as emulsification or 
evaporation of non-petroleum oil, additional changes may be made to the 
rule for response resources for response planning for non-petroleum oil 
facilities. Section 7.7 has been added to Appendix E to reflect these 
changes.
    Several commenters noted that the statutory definition of oil 
includes a wide variety of oils, such as petroleum oils and non-
petroleum oils that can affect the environment by a variety of 
mechanisms. Response strategies associated with non-petroleum oils may 
differ from those associated with petroleum oils. Therefore, EPA is 
providing these definitions to assist owners or operators in 
distinguishing between oil types.
     Petroleum oil means petroleum in any form including crude 
oil, fuel oil, mineral oil, sludge, oil refuse, and refined products.
     Non-petroleum oil means oil of any kind that is not 
petroleum-based. It includes animal fat, vegetable oil, and other non-
petroleum oil.
     Animal fat means a non-petroleum oil, fat, or grease 
derived from animal oils not specifically identified elsewhere.
     Vegetable oil means a non-petroleum oil or fat derived 
from plant seeds, nuts, kernels or fruits not specifically identified 
elsewhere.
     Other non-petroleum oil means a non-petroleum oil of any 
kind that is not generally an animal fat or vegetable oil.
    Additional changes made to the equipment requirements to match the 
USCG's requirements are as follows:
     Section 2.3.1 is added. This section indicates that the RA 
may require owners or operators to identify in the facility response 
plan boom that meets the boom criteria in Table 1 of Appendix E. If 
documentation that the boom meets the Table 1 criteria is unavailable, 
the RA may require that the boom be tested in accordance with ASTM 
standards.
     The on-water speed for determining the travel time to the 
site of the discharge was adjusted from 10 knots to 5 knots in section 
2.6 of Appendix E.
     A provision was added to section 3.3.1 of Appendix E for 
complexes with a marine transfer component to provide an amount of boom 
that is equal to two times the length of the largest vessel that 
transfers oil at the facility or 1,000 feet, whichever is greater. For 
complexes, the non-transportation-related portion of the facility 
response plan need not include reference to boom length if it is 
already referenced in the MTR portion of the facility response plan.
     Language was added to section 5.4 of Appendix E to 
indicate that facility owners or operators whose planning volume 
exceeds the caps in Table 5 of Appendix E must identify sources of 
additional equipment; and clarify that facility owners or operators who 
have identified USCG-classified OSROs are not required to list specific 
quantities of available equipment in their response plan.
     A provision was added to section 6.2 of Appendix E to 
allow the RA to assign lower efficiency factors to equipment when 
warranted.
     A provision was added to section 6.3 of Appendix E to 
allow the facility owner or operator to use equivalent tests of 
effective daily recovery rates when approved by EPA.
     Section 6.4 has been renumbered to 6.3.2 and provisions 
added for RA determination of acceptable alternative efficiency factors 
and effective daily recovery capacity.
     Sections 7.4, 7.6.3, and 7.7.5 are added to clarify that 
owners or operators must identify firefighting resources in addressing 
response resources under the plan.
     Criteria for containment boom in the ocean operating 
environment were added to Table 1 of Appendix E.
    EPA considered whether to adopt language in Appendix E to address 
the use of dispersants and in-situ burning. Some commenters suggested 
that the Agency address these response measures using Section 8 of the 
USCG's Appendix C as a model. In today's final rule, EPA has included 
some information from Section 8 of the USCG's Appendix C to address the 
use of dispersants listed on the NCP Product Schedule. Use of 
dispersants during spill response will be based on the provisions of 
the NCP\7\ and applicable ACP. The USCG permits a limited offset 
against required response resources if the use of dispersants or in-
situ burning is part of the response strategy. EPA will not include 
such an offset for non-transportation-related facilities for two 
reasons. To date, the ACPs do not allow use of dispersants in inland 
waters and a facility under EPA jurisdiction in a coastal area cannot 
use dispersants given the shallow water depth.
---------------------------------------------------------------------------

    \7\Facility owners or operators may call the NCP Hotline at 202 
260-2343 for information on the current NCP Product Schedule.
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Verification of Response Capability
    In the preamble to the proposed rule, EPA stated that it may use 
various methods (including an OSRO certification or approval program) 
during the plan review process to evaluate the availability and 
adequacy of personnel and equipment to respond to a worst case 
discharge, to the maximum extent practicable. The Agency has reviewed 
the USCG OSRO classification process. This is a voluntary process 
whereby OSROs can submit a description of their resources and 
capabilities to the USCG National Strike Force Coordination Center and 
be evaluated for classification according to their capabilities. This 
process assists vessel and facility owners trying to locate appropriate 
resources, and simplifies the planning process by allowing these owners 
(who identify an OSRO(s) to meet response resource requirements) simply 
to list the OSRO(s) and its classification in the response plan, rather 
than list equipment recovery, containment, and storage resources in the 
plan. The Agency specifically requested comments on the criteria to 
evaluate OSRO agreements, a mechanism for approving OSROs, and the 
advisability of establishing an OSRO approval process.
    Most commenters agreed that EPA should establish its own OSRO 
classification process or use the USCG's classification process to 
streamline the development of facility response plans. Many of these 
commenters agreed that EPA should coordinate with the USCG in planning 
such a program, if it is to be different from the USCG's classification 
process. Several commenters specifically mentioned that details of 
response resources should not be required within the response plans. 
These commenters felt that this information would distract from the 
emergency purpose of the document. A few commenters offered additional 
criteria to be used in the evaluation of response resources. In 
dissent, some commenters requested a ``standardization approach'' using 
performance criteria instead of a classification process.
    EPA is not implementing a new OSRO classification program at this 
time. Facility owners or operators can rely on the USCG OSRO 
classification process or other appropriate OSRO evaluation programs in 
place at the State level for defined geographic areas (e.g., State of 
Washington) to identify in the plan resources to respond to a worst 
case discharge, to the maximum extent practicable. However, where the 
provider of response resources is not a USCG-classified OSRO (or State-
evaluated OSRO), RAs have the option to perform their own evaluation or 
verification to ensure that equipment is available and is in proper 
condition. In this evaluation, the RA may consider several factors 
including: the proximity of response resources to the facility; the 
adequacy of equipment and personnel resources; the OSRO's past 
performance and safety record; the number of additional facilities the 
OSRO has agreed to support; knowledge of state-of-the-art response 
techniques; knowledge of local fish and wildlife and sensitive 
environments and the ACP; the adequacy of the incident command 
structure; record-keeping practices for personnel safety equipment; and 
proficiency in spill management. This evaluation may involve visiting 
such organizations to determine whether equipment is available and in 
good working order. Facility owners or operators also should consider 
such factors when they evaluate the capabilities of an OSRO(s) to be 
listed in the response plan. RAs also may evaluate an OSRO's 
capabilities (including the facility owner's equipment and response 
resources when this is the case) during PREP area drills/exercises. EPA 
chose not to adopt a specific classification program of its own to 
avoid an additional step in the process to prepare and review facility 
response plans.
Fish and Wildlife and Sensitive Environments
    EPA has identified proximity to fish and wildlife and sensitive 
environments as a factor in the substantial harm determination. EPA 
intended for owners or operators to use Appendix D of the proposed rule 
as interim guidance for the identification of environmentally sensitive 
areas until ACPs were available. Several commenters urged EPA to allow 
facility owners or operators to use the NCP or ACPs for the 
identification of environmentally sensitive areas. Other commenters 
stated that the definition of ``environmentally sensitive areas'' was 
too broad, making it difficult to use in the determination of 
substantial harm. Some commenters objected to the listing of particular 
areas (e.g., wetlands, national monuments) as sensitive, while others 
requested that additional areas (e.g., water intakes for electric 
utilities and municipalities, National and State parks, and National 
forests) be included in the definition of sensitive environments.
    As discussed previously, EPA does not include proposed Appendix D 
in this final rule. To serve the purpose of proposed Appendix D (i.e., 
to guide owners or operators in identifying fish and wildlife and 
sensitive environments), EPA adds a general definition of ``fish and 
wildlife and sensitive environments'' at Sec. 112.2 of the final rule 
and references certain documents for further information. The 
definition, adapted from the text of proposed Appendix D, reads as 
follows: ``areas that may be identified by either their legal 
designation or by evaluations of Area Committees (for planning) or 
members of the Federal On-Scene Coordinators spill response structure 
(during responses). These areas may include wetlands, National and 
State parks, critical habitats for endangered/threatened species, 
wilderness and natural resource areas, marine sanctuaries and estuarine 
reserves, conservation areas, preserves, wildlife areas, wildlife 
refuges, wild and scenic rivers, recreational areas, national forests, 
Federal and State lands that are research national areas, heritage 
program areas, land trust areas, and historical and archeological sites 
and parks. These areas may also include unique habitats such as: 
aquaculture sites and agricultural surface water intakes, bird nesting 
areas, critical biological resource areas, designated migratory routes, 
and designated seasonal habitats.'' To help facility owners or 
operators better address required fish and wildlife and sensitive 
environments concerns, EPA contributed to a governmental committee 
formed by various Federal agencies to develop a consistent definition 
of fish and wildlife and sensitive environments. The committee was made 
up of representatives from various Natural Resource Trustee agencies 
and from the agencies with OPA response plan authority. After 
considering comments on the EPA's proposed rule, the committee 
developed an interagency guidance document based on the information 
contained in Appendix D of the proposed rule. The introductory text has 
been expanded to explain in more detail some environmental sensitivity 
issues, and address the substance of the public comments that EPA and 
the USCG received on this subject. To ensure more comprehensive 
response planning and to better protect fish and wildlife and sensitive 
environments, Attachment D-IV (``Vulnerability of Aquatic Ecosystems'') 
and Attachment D-V (``Vulnerability Scale of Aquatic Habitats Impacted 
by Oil Spills'') of proposed Appendix D have been replaced by Appendix 
IV (``Sensitive Biological and Human-Use Resources'') and Appendix V 
(``Ranking of Shoreline Habitats Impacted by Oil Spills''), 
respectively in the DOC/NOAA guidance.
    In addition, other environmental areas were added to those listed 
in Appendix D, Attachment D-I (``Responsible Federal Agencies for 
Specific Environmental Resources''), such as the National Forest 
System, Areas of Critical Environmental Concern, and cultural 
resources. This guidance also contains additional mailing addresses and 
phone numbers of government offices where facility owners or operators 
may obtain additional information. The document titled, ``Guidance for 
Facility and Vessel Response Plans: Fish and Wildlife and Sensitive 
Environments,'' was published in the Federal Register by DOC/NOAA at 59 
FR 14714, March 29, 1994. In today's rule, EPA has removed the 
Environmentally Sensitive Areas appendix that was proposed in the 
proposed rule and references to the appendix contained in proposed 
Sec. 112.20. EPA refers facility owners and operators to Appendices I, 
II, and III of DOC/NOAA's guidance for guidance to identify fish and 
wildlife and sensitive environments until geographic-specific annexes 
to the ACPs are refined to the point where they address fish and 
wildlife and sensitive environments concerns in detail. As discussed 
previously, in the inland zone (as defined in 40 CFR 300.5), ACPs have 
been developed and will undergo continuous refinement. Facility owners 
or operators may contact the appropriate Regional office for fish and 
wildlife and sensitive environments information as it becomes 
available.
Worst Case Discharge
    Under Sec. 112.20(h)(5) of the proposed rule, owners or operators 
who must prepare a facility response plan under Sec. 112.20 must 
calculate a worst case discharge quantity as described in proposed 
Appendix E. (Appendix E has been relabeled as Appendix D in today's 
final rule.) This worst case discharge scenario, in turn, directly 
influences the quantity of spill response resources that must be 
available to the facility, as outlined in Appendix D. In the proposed 
rule, the determination of the worst case discharge volume is based on 
the facility's oil storage capacity, with additional factors taken into 
account for multiple-tank facilities with secondary containment or 
adjacent to navigable waters. EPA requested comments on allowing a 
reduction in the worst case discharge planning amount for facilities 
with adequate secondary containment in place.
    One commenter stated that no reduction should be allowed for 
secondary containment, because oil spills frequently occur during 
transfer operations that take place outside of secondary containment. 
The commenter added that, even for those spills that occur within 
contained areas, a worst case discharge scenario should assume some 
failure of containment systems (as has happened historically in spills 
from facilities with secondary containment). Numerous commenters 
requested that EPA grant credit for secondary containment in the 
formula to calculate a facility's worst case discharge, thereby 
reducing the amount of response resources for which the facility would 
need to plan. Many of these commenters generally supported credit for 
secondary containment, because containment will reduce the quantity of 
a spill that escapes from the facility and impacts the environment. 
Other commenters argued that credit for secondary containment would 
provide an incentive to the regulated community to enhance facility 
spill prevention systems, while others contended that the probability 
of both the tank and its secondary containment failing simultaneously 
is extremely small.
    In response to commenters' concerns, EPA has modified Appendix D to 
allow a 20 percent reduction in the worst case discharge amount at 
single-tank facilities for the presence of adequate secondary 
containment (i.e., containment equal to 100 percent of tank capacity 
plus sufficient freeboard for precipitation). The amount of this 
percentage reduction is based on an analysis of the percentage of 
released oil reaching navigable waters in the historical spill record 
from EPA's Emergency Response Notification System database.\8\ EPA 
believes that the data do not support granting a larger credit, nor do 
they show that a smaller credit should be established. Historical data 
illustrate that secondary containment is not always completely 
effective, due to wave effects, breaches in containment walls, or 
operator error (such as an open secondary containment drainage valve).
---------------------------------------------------------------------------

    \8\The Technical Background Document to Support the 
Implementation of the OPA Response Plan Requirements, U.S. EPA, 
February 1993. Available for inspection in the Superfund Docket, 
room M2615, at the U.S. Environmental Protection Agency, 401 M 
Street, SW., Washington, DC 20460.
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    With respect to multiple-tank facilities, EPA notes that it is 
finalizing the proposed credit for secondary containment at these 
facilities. As in the proposed rule, the calculation method in the 
final rule focuses on the oil storage capacity of the largest tank 
within a secondary containment area or a group of tanks permanently 
manifolded together within a common secondary containment area as a 
planning amount for the worst case discharge. This amount reflects a 
credit for secondary containment resulting in a lesser planning amount 
than the capacity of all tanks within secondary containment or the 
capacity of all tanks at the facility. Facilities that lack secondary 
containment would therefore be required to include the capacity of all 
storage tanks without secondary containment in their worst case 
discharge volume, while those facilities with credit for secondary 
containment would only need to consider the capacity of the largest 
tank or group of tanks within a single secondary containment area. As 
such, the presence of secondary containment leads to a significant 
credit that reduces the worst case discharge planning amount and the 
associated response resource requirements.
    Numerous commenters requested that EPA grant credit for facility 
spill prevention measures and practices (other than secondary 
containment) in the calculation of the worst case discharge. Specific 
preventive measures mentioned by commenters include tertiary 
containment, conformance with American Petroleum Institute tank 
standards, automatic shutdown systems, high-level alarms, corrosion 
protection, and hydrostatic testing. Many commenters generally 
supported credit for specific preventive measures because of the 
capacity of such measures to reduce spill size or spill migration. Many 
commenters also argued that credit for other spill prevention measures 
would provide incentives to the regulated community to enhance spill 
prevention systems. Owners or operators would implement such measures 
to decrease the worst case discharge volume, and thus, decrease 
necessary expenditures for planning and response resources.
    In today's final rule, EPA retains the credit for secondary 
containment at the facility, but does not provide additional credits to 
facilities for the presence of such preventive measures in the 
calculation of the worst case discharge. Although EPA encourages 
facilities to implement additional preventive measures such as those 
cited by the commenters, the Agency believes that the effects of these 
measures on the size and impact of a potential spill are not readily 
quantifiable, nor as easily supported with historical spill evidence, 
as those of secondary containment. In addition, the Agency believes 
that granting credit for these prevention measures likely would require 
a more detailed verification and inspection process than would granting 
credit for secondary containment. Further, Congress' intent was that 
planning reflect the worst case discharge, and that the private sector 
be encouraged to increase its spill response capability.
    In the calculation of a worst case discharge, EPA proposed to 
require multiple-tank facilities with secondary containment for which 
the nearest opportunity for discharge (i.e., storage tank, piping, or 
flowline) is adjacent to navigable water, to incorporate an additional 
10 percent factor in the calculation of the worst case discharge 
quantity. (See Parts A3 and B3 of Appendix E of the proposed rule.) The 
Agency proposed the 10 percent distinction in the calculation of a 
worst case discharge volume between multiple-tank facilities adjacent 
to navigable waters and those not adjacent to navigable waters as a 
safety factor to address the potential for releases from multiple 
tanks.
    Many commenters opposed the use of a 110 percent planning volume 
for facilities located adjacent to navigable water, because a facility 
could not discharge more than 100 percent of its capacity. Some 
commenters apparently did not realize that the provision only applied 
to multiple-tank facilities, and argued that the 110 percent planning 
volume factor should be eliminated because it is impossible for a 
single tank to discharge more than 100 percent of its capacity.
    EPA has considered these comments and has decided to eliminate 
consideration of a facility's location adjacent to navigable waters 
from the calculation of the worst case discharge. Adding an additional 
10 percent to the planning volume is unnecessary, because the 
emulsification table in Appendix E will account for removing material 
in excess of tank capacity for all petroleum facilities for which an 
owner or operator must plan under this rule. There is no need to impose 
an additional cost burden on multiple-tank facility owners and 
operators for proximity to navigable waters. In Appendix D of today's 
final rule, the worksheets have been changed accordingly; this change 
will simplify the calculation and reduce confusion in the regulated 
community.
    Several commenters requested that EPA clarify its definition of 
``permanently manifolded tanks'' used in the calculation of a worst 
case discharge volume. Several commenters expressed confusion about 
whether permanently manifolded tanks connected by piping systems with 
valves that are normally shut, and permanently manifolded tanks that 
are separated by internal divisions in the secondary containment area, 
are considered separate tanks for purposes of the worst case discharge 
calculation.
    The proposed definition of ``permanently manifolded tanks'' 
indicated that such systems were to be considered as separate tanks for 
the worst case discharge calculation. However, to better clarify EPA's 
intent, the definition of ``permanently manifolded tanks'' has been 
modified slightly in Appendix D of the final rule. The changes make it 
clear that within a common secondary containment area, interconnected 
tanks are considered to be single tanks if one or more of the 
manifolded tanks functions as an overflow container for another tank 
(i.e., is connected by piping at the top). In this case, individual 
manifolded tank volumes are not combined when calculating the worst 
case discharge planning volume. The owner or operator must provide 
evidence in the response plan that tanks with common piping or piping 
systems are not operated as one unit.
    EPA recognizes that failures associated with multiple tanks that 
are hydraulically connected could result in the discharge of a greater 
volume of oil than the capacity of any one of the tanks. The definition 
of ``permanently manifolded tanks'' adequately accounts for this 
possibility. The owner or operator of a facility with permanently 
manifolded tanks would combine the capacities of all tanks manifolded 
together to calculate the worst case discharge planning volume for the 
facility.
    Owners or operators of onshore production facilities must consider 
both storage capacity and production activities in the determination of 
a worst case discharge planning volume. In the proposed rule, EPA 
defined production volume for production wells (producing by pumping) 
as the pumping rate of the highest output well at the facility, 
multiplied by 1.5 times the number of days the facility is unattended 
(Appendix E, Part B). Several commenters stated that EPA had not 
provided sufficient justification for requiring the calculation of the 
worst case discharge planning volume to include use of the 1.5 
multiplier. Commenters believed that the pumping rate of the highest 
rate well could easily be determined and should not be artificially 
inflated, and suggested that the multiplier be used only when the rate 
of the highest rate well is unknown.
    In response to commenters' concerns, EPA revised the worst case 
discharge calculation in Appendix D of the final rule to require 
facility owners or operators to use the 1.5 multiplier only if the rate 
of the well with the highest output or the number of days the facility 
is unattended cannot be estimated with certainty. EPA believes that the 
use of the 1.5 multiplier is appropriate in these instances because it 
provides a conservative basis upon which to incorporate these uncertain 
estimates of discharge potential in the calculation of a worst case 
discharge. If the facility owner or operator knows the rate of the well 
with the highest output and can predict the number of days that the 
facility will be unattended, then the production volume for each 
production well (producing by pumping) is equal to the pumping rate of 
the well, multiplied by the greatest number of days the facility will 
be unattended. If the actual pumping rate will exceed the planned 
pumping rate, or the facility will be unattended for longer than the 
time indicated in the facility response plan, then the owner or 
operator must amend the facility response plan to reflect this 
operational change at the facility. The owner or operator must resubmit 
the appropriate sections of the plan in accordance with 
Sec. 112.20(d)(1).
    In Appendix E of the proposed rule, the proposed worst case 
discharge planning volume for facilities with exploratory wells or 
production wells producing under pressure was the forecasted production 
volume for the highest output well at the facility plus the appropriate 
oil storage capacity component. The proposed rate for exploratory wells 
and production wells producing under pressure was the maximum 30-day 
forecasted well rate for wells 10,000 feet deep or less, or the maximum 
45-day forecasted well rate for wells more than 10,000 feet deep. 
Several commenters from the oil industry stated that the forecasted 
well rates were unwarranted because cleanup procedures will begin 
before the entire volume of the discharge reaches the environment. 
Commenters suggested that EPA consider inspection frequency or time 
intervals equal to the appropriate response tier as factors to 
determine the worst case discharge planning volume. In considering 
revisions to the proposed worst case discharge planning volume 
calculation, EPA also solicited input from MMS, which is in the process 
of promulgating response plan regulations for certain offshore 
production facilities.
    EPA compared the response efforts required and damage resulting 
from discharges from production wells producing under pressure or 
exploratory wells to the response efforts required and damage resulting 
from discharges from storage tanks or production wells producing by 
pumping. Because discharges from storage tanks or production wells are 
discrete events, the volume of oil that is discharged is not influenced 
by response actions after they have been discovered. For production 
wells producing under pressure and exploratory wells, response efforts 
can mitigate the effects of the discharge during the time it takes 
response personnel to stop the flow of oil. For these reasons, EPA has 
revised the calculations for worst case discharge planning volume for 
facilities with exploratory wells or production wells producing under 
pressure.
    The final version of the appendix (Appendix D in the final rule) 
requires the facility owner or operator to compare the forecasted rate 
of the highest output well to the capacity of response equipment and 
personnel to recover the volume of oil that could be discharged to 
calculate the production volume. If the well rate would overwhelm the 
response efforts, the worst case discharge planning volume would be 
calculated in a manner similar to that described in the proposed rule. 
(See Method A of Attachment D-1.) If the emergency response effort 
would match or exceed the forecasted rate of the highest output well, 
then the facility owner or operator would calculate the production 
volume based on the sum of: 1) the volume of oil discharge from the 
well between the time of the blowout and the expected time the response 
resources are on scene and recovering oil; and 2) the volume of oil 
discharged after the response resources begin operating until the spill 
is stopped (adjusted for the amount of oil recovered). (See Part B of 
Attachment D-2.) As in the case of production facilities with wells 
producing by pumping, Part B of Appendix D requires that the 
appropriate storage oil capacity also be added to the production volume 
to determine the worst case discharge planning volume. EPA describes 
these methods to calculate the production volume for production 
facilities with wells producing under pressure or exploratory wells in 
Attachment D-1, ``Methods to Calculate the Production Volumes for 
Production Facilities with Exploratory Wells or Production Wells 
Producing Under Pressure,'' to Appendix D.
Response Planning Levels
    As part of the response planning requirements, EPA proposed in 
Sec. 112.20(h)(5) that ``substantial harm facilities'' must evaluate 
smaller, more probable discharge quantities for their facility response 
plan in addition to the worst case discharge specified by the OPA. As 
proposed, the owner or operator of a facility would plan for small 
(2,100 gallons or less) and medium (between 2,100 gallons and 36,000 
gallons, or ten percent of the capacity of the largest tank, whichever 
is less) discharge quantities, provided that these amounts are less 
than the worst case discharge amount.
    EPA received comments both in support of, and opposed to, the 
concept of planning for various response levels. Some commenters 
indicated that the establishment of such additional planning 
requirements was beyond the OPA mandate. Other commenters argued that 
planning for smaller spills will be encompassed in planning for a worst 
case discharge, that planning for smaller spills is a function of good 
management practices and should not be regulated, or that pre-existing 
SPCC Plans adequately address smaller spills.
    EPA has considered these comments and decided to retain the 
planning approach outlined in the proposed rule. Although planning for 
several discharge amounts is not mandated specifically under OPA, EPA 
has broad and ample regulatory authority under CWA section 311(j)(1)(C) 
for such a requirement. The Agency believes that discharges less severe 
than a worst case scenario may pose a serious threat to navigable 
waters, especially from the cumulative effects of several discharges, 
and that preparation to respond to smaller spills could lead to better 
overall protection of the nation's navigable waters. In addition, this 
three-level approach is consistent with the USCG's implementation of 
planning scenarios under OPA and some State response plan rulemakings.
    Various sizes of discharges can require different types and amounts 
of equipment, products, and personnel, and must therefore be addressed 
separately. For example, a facility may want to hire a contractor to 
support response to a worst case discharge scenario, but handle 
smaller, operational spills using its own personnel and equipment. To 
the extent that facility personnel are better able to address immediate 
actions associated with smaller spills, they will be better prepared to 
initiate a response to a worst case discharge until back-up resources 
arrive on-scene. Increased proficiency in handling the initial stages 
of a discharge can result in significant reductions in the extent of 
spill movement and associated impacts to the environment.
    As many commenters recognized, planning for responses to more 
commonly occurring discharges may be more beneficial to facilities than 
planning for a worst case discharge that has a lower probability of 
occurrence--nevertheless, EPA continues to recognize that this planning 
approach may not be appropriate for all facilities, including those 
where the range of possible spill scenarios is small. Under today's 
final rule, as in the proposed rule, large facilities would still need 
to plan for three discharge amounts, but a small facility may only need 
to plan for two scenarios or a single scenario if its worst case 
discharge falls within one of the specified ranges.
    To address the planning requirements, the owner or operator must 
consider the different types of facility-specific scenarios that may 
result in discharges at the facility. To the extent possible, the 
scenarios should account for the range of different operations that 
take place at the facility. Appendix F of the rule contains guidance on 
the development of such scenarios including a list of areas of 
operation to consider (e.g., oil storage tanks, piping, vehicle 
refueling areas, and tank car and tank truck loading and unloading 
areas), and a list of factors that may affect response efforts at the 
facility (e.g., direction of spill pathways, weather conditions, and 
available response equipment). As part of this process, owners or 
operators shall describe the threat posed by mobile facilities 
operating on site, especially during loading or unloading operations 
where the risk of a discharge is increased. Also, owners or operators 
of large facilities that handle, store, or transport oil at more than 
one geographically distinct location (e.g., oil storage areas at 
opposite ends of a single, continuous parcel of property) shall, as 
appropriate, develop separate sections of the response plans for each 
area where oil is stored, used, or distributed.
    Several commenters expressed confusion between the tiered planning 
amounts described in proposed Sec. 112.20(h)(5) and the response tiers 
in proposed Appendix F for mobilizing resources in response to a worst 
case discharge. To avoid confusion in the final rule, EPA replaces the 
term ``tiered planning scenarios'' with ``response planning levels'' to 
describe small, medium, and worst case response planning amounts.
Drills/Exercises and Training
    The proposed rule contained general requirements for response 
training and drills/exercises, but did not specify what the training 
and drills/exercises should entail. Specifically, proposed 
Sec. 112.7(f)(1)(iii) required that all personnel involved in oil-
handling activities participate in unannounced drills/exercises, at 
least annually. Proposed Sec. 112.20(h)(8)(ii) required that the 
facility response plan contain a description and record of training 
courses and periodic unannounced drills/exercises to be carried out 
under the response plan.
    Some commenters suggested that training should be required only for 
employees of ``substantial harm facilities'' and that only response 
personnel should be required to participate in drills/exercises. EPA 
notes that a general training program is required at 40 CFR 
112.7(e)(10) for all facilities subject to the rule. However, the final 
rule limits the requirement for response training and drills/exercises 
to facilities that must prepare a response plan.
    One commenter argued that the OPA does not mandate employee 
training. EPA notes that the OPA added CWA section 311(j)(5)(C) to 
specify that the response plan must describe training and periodic 
unannounced drills/exercises to be carried out under the plan. The 
Agency interprets this requirement to mean that Congress intended for 
facilities to conduct a program of training and drills/exercises for 
response to oil spills.
    EPA has moved some subject matter on response training and drills/
exercises from proposed Sec. 112.7 to a new Sec. 112.21 so that all 
requirements relevant to implementation of the OPA (i.e., requirements 
for response training) are addressed in this final rule. Requirements 
for oil spill prevention training that are not necessary for the OPA 
implementation will remain in proposed Sec. 112.7(f) and will be 
addressed in a separate rulemaking.
    To provide additional direction to the regulated community on what 
constitutes an acceptable training program, EPA expands the discussion 
of training in today's final rule. As set forth at Sec. 112.21, 
response training must be functional in nature and commensurate with 
the specific duties of each type of facility personnel with 
responsibilities under the plan. A facility's training program can be 
based on the USCG's Training Elements for Oil Spill Response, to the 
extent applicable to facility operations, or another response training 
program acceptable to the RA. The training elements are available from 
Petty Officer Daniel Caras at (202) 267-6570 or fax 267-4085/4065.
    As set forth in the OPA, drills/exercises are evolutions that are 
designed to periodically test the ability of response personnel to 
ensure the safety of the facility and to mitigate or prevent discharges 
of oil. A drill/exercise program is comprised of facility drills/
exercises, including tabletop and deployment exercises, both announced 
and unannounced, as well as participation in larger area drills/
exercises and evaluation of these drills/exercises. The requirement to 
develop a drill/exercise program is included at Sec. 112.21. This 
section references the National PREP. As described in Section I.C of 
this preamble, PREP is a joint industry/government effort to establish 
recognized national guidelines for conducting drills/exercises to meet 
the OPA requirements. Following the PREP guidelines (see Appendix E to 
this part, section 10, for availability) would satisfy a facility's 
requirements for drills/exercises under this final rule. Alternately, 
under Sec. 112.21(c), a facility owner or operator may develop a 
program that is not based on the PREP guidelines. Such a program is 
subject to approval by the RA based on the description of the program 
provided in the response plan.
    Descriptions of training and drills/exercises for facility 
personnel engaged in oil spill response must be provided in the plan as 
stated in Sec. 112.20(h)(8). To satisfy this requirement, facilities 
must describe conformance with the PREP guidelines as part of their 
response plan or provide a detailed description of an alternative 
drill/exercise program. Lessons learned from the facility owner's or 
operator's evaluation of response drills/exercises may help identify 
other relevant subject areas for training. As part of the PREP 
development process, the USCG, with assistance from other Federal 
agencies, OSROs, and the regulated community, is preparing a reference 
document to assist facility owners and operators in the evaluation of 
their drills/exercises.
    As described in Section II.B of this preamble, some commenters 
objected to including logs for training and drills/exercises in the 
response plan. EPA will not require training records and records of 
drills/exercises to be included in the response plan, because that is 
impracticable without constantly revising the plan. Section 
112.20(h)(8)(iv) of the final rule makes it clear that the logs may be 
included in the response plan or maintained as an annex to the response 
plan.

C. Section-by-Section Analysis

    This section lists sequentially the major changes from the proposed 
rule that have been incorporated into today's final rule. The revisions 
listed below result from consideration of public comments on the 
proposed rule (as previously discussed, the Response to Comments 
Document for the Facility Response Plan Rulemaking maintained at the 
docket contains detailed summaries of, and responses to, all comments 
received on the proposed rule) and from efforts to coordinate EPA and 
other Federal agencies' requirements for implementing response plan 
regulations under the OPA. A detailed discussion of the reasoning 
behind most of these changes can be found in Section I.C or II.B of 
this preamble. In addition to the major changes detailed below, EPA has 
also made a series of minor editorial changes to correct typographical 
and grammatical errors, to conform more closely with language from 
different sections of today's rule and language from the USCG's interim 
final rule for MTR facilities, and to improve the clarity of the 
requirements.
    As discussed in Section I of this preamble, EPA will defer 
finalizing changes to certain sections of the regulation as proposed in 
the proposed rule. EPA plans to address these changes in a subsequent 
rulemaking. Changes to the following paragraphs from the proposed rule 
are not included in today's final rule: paragraphs (d)(4) and (g) of 
Sec. 112.1 (General Applicability and Notification); paragraph (d) of 
Sec. 112.4 (Amendment of Spill Prevention, Control, and Countermeasure 
Plan by Regional Administrator); and paragraphs (a)(2), (d), (f), (i), 
and (j) of Sec. 112.7 (Spill Prevention, Control, and Countermeasure 
Plan general requirements). Also, Appendix H (Brittle Fracture 
Considerations in API Standard 653) as proposed at 58 FR 8824 is not 
included in today's final rule.

Section 112.2  Definitions

    In Sec. 112.2, the definitions of ``adverse weather,'' ``contract 
or other approved means,'' ``maximum extent practicable,'' and ``worst 
case discharge'' are revised; the definitions of ``alteration'' and 
``repair'' from the proposed rule are not included; and definitions of 
``fish and wildlife and sensitive environments'' and ``oil spill 
removal organization'' are added.

Section 112.20  Facility Response Plans

    Throughout Sec. 112.20, the term ``emergency response coordinator'' 
is replaced with the term ``qualified individual,'' and the term 
``environmentally sensitive areas'' is replaced with the term ``fish 
and wildlife and sensitive environments.''
    Paragraph (a) is reorganized and revised to specify EPA's approach 
to implement the facility response plan requirements of OPA and of this 
final rule.
    Paragraphs (a)(2)(ii) and (iii) (paragraphs (a)(2)(ii) and (iii) 
from the proposed rule) are expanded to specify that for new facilities 
and facilities undergoing a planned change in operations, adjustments 
to the response plan to reflect changes that occur at the facility 
during the start-up phase of operations must be submitted to the RA 
after an operational trial period of 60 days.
    Paragraph (b)(1) is revised to clarify that if the RA makes a 
determination of substantial harm then he or she shall notify the 
facility owner or operator in writing and shall provide a basis for the 
determination.
    Paragraph (c)(4) is revised to specify, for plans to be reviewed by 
the RA, that the RA will review plans periodically on a schedule 
established by the RA provided that the period between plan reviews 
does not exceed five years.
    Paragraph (d)(1) is revised to extend its applicability to all 
facilities for which a response plan is required and to clarify that 
only revised portions of a response plan need to be resubmitted for 
approval and inclusion in the existing plan. The requirement for the RA 
to review for approval changes to plans for ``significant and 
substantial harm facilities'' that was proposed at Sec. 112.20(d)(1) 
has been moved to new Sec. 112.20(d)(4).
    Paragraphs (d)(1)(iii) and (d)(2) are revised to clarify that a 
change in the identity of an OSRO(s) that does not result in a material 
change in support capabilities is not a material change requiring 
approval but that a copy of such a change must be provided to the RA.
    Paragraph (d)(2) is revised to state that certain amendments do not 
require ``approval'' by the RA, rather than ``prior approval.''
    Paragraph (d)(3) is added to indicate that the EPA-issued facility 
identification number (where one has been assigned) must accompany any 
changes to the plan that are submitted to the RA. This number is issued 
when the plan was received and is included on all EPA correspondences 
to the facility. Including this number on all subsequent submissions by 
the facility to EPA will ensure proper tracking and handling of 
information.
    Paragraph (f)(1)(i) is revised to clarify that total oil storage 
capacity and not total storage capacity is the criteria to be 
evaluated.
    Paragraph (f)(1)(ii)(A) is revised to clarify that adequate 
secondary containment must account for precipitation as required by 
Sec. 112.7(e)(2)(ii).
    Paragraph (f)(1)(ii)(D) is revised to clarify it addresses 
reportable oil spills.
    Paragraphs (f)(1)(ii)(B) and (f)(2)(i)(D) are revised to remove 
reference to Appendix D, to add a reference to the ``Guidance for 
Facility and Vessel Response Plans: Fish and Wildlife and Sensitive 
Environments'' (see Appendix E to this part, section 10, for 
availability) and the appropriate ACP, and to clarify that use of an 
alternative formula does not require prior approval by the RA but that 
the formula must be comparable to the appropriate formula in Appendix C 
to this part. Conforming edits are made to paragraphs (a)(3) and (e).
    Paragraph (f)(2)(ii) is revised to clarify that ``any person'' 
includes representatives from other government agencies in addition to 
the public, to more accurately describe the contents of paragraph 
(f)(2)(i) as factors not criteria, and to clarify that the RA shall 
consider petitions and respond in an appropriate amount of time.
    Paragraph (f)(3)(i) is removed to reflect the deletion of Appendix 
D and because the RA already has authority under paragraph (f)(2) to 
consider proximity to other areas determined to possess ecological 
value. The remainder of paragraph (f)(3) is renumbered accordingly.
    Paragraph (g) is reorganized by removing the requirement for 
periodic review and update of the plan from paragraph (g)(1) and moving 
it to new paragraph (g)(3).
    Paragraph (h) is revised to clarify the mandatory nature of 
Appendix F.
    Paragraphs (h)(1)(vi) and (h)(3)(vii) are revised to clarify that 
facility owners or operators need only reference but not include 
community evacuation plans in the response plan.
    Paragraph (h)(1)(vii) is revised to clarify that securing the 
source of the discharge is among the immediate measures that must be 
described in the plan.
    Paragraph (h)(2) is revised to clarify that a brief description of 
the type of facility (i.e., SIC Code) must be provided as part of the 
basic facility information.
    Paragraph (h)(3)(x) is removed and paragraph (h)(3)(i) is revised 
to clarify the mandatory nature of Appendix E and allow under certain 
circumstances owners or operators to make comparable arrangements for 
response resources.
    Paragraph (h)(5) is revised to replace the reference to tiered 
response planning with a reference to response planning levels. 
Conforming edits are made to Appendix F.
    Paragraph (h)(5)(ii) is revised to clarify that for complexes, the 
small planning quantity shall be the larger of the amounts calculated 
for each component of the facility.
    Paragraph (h)(8) is revised to clarify the requirements to describe 
programs for drills/exercises and response training, and indicate that 
logs may be kept as an annex to the response plan.
    Paragraph (h)(11) is added to cross-reference the requirement at 
Sec. 112.20(a)(2) to complete a response plan cover sheet provided in 
Section 2.0 of Appendix F.
    New Sec. 112.20(i) is added to allow owners or operators to request 
reconsideration of or appeal certain decisions by the RA.

Section 112.21  Facility Response Training and Drills

    New Sec. 112.21 is added to describe requirements for facility 
response training and drills/exercises. The requirements for annual 
drills/exercises in proposed Sec. 112.7(f)(1)(iii) are replaced by a 
requirement to follow the PREP guidelines or an alternative program 
acceptable to the RA. Provisions related to spill prevention training 
in Sec. 112.7(f) will be finalized in a future rulemaking.

Appendix B--Memorandum of Understanding Among DOI, DOT, and EPA

    The Memorandum of Understanding Among the Secretary of the 
Interior, Secretary of Transportation, and Administrator of the 
Environmental Protection Agency signed on February 3, 1994 is added at 
Appendix B to 40 CFR part 112.

Appendix C--Substantial Harm Criteria

    The title of the Appendix was changed from ``Determination of 
Substantial Harm'' to ``Substantial Harm Criteria.''
    Throughout Appendix C, the term ``environmentally sensitive areas'' 
is replaced with the term ``fish and wildlife and sensitive 
environments,'' the term ``drinking water intake'' is replaced with the 
term ``public drinking water intake,'' the language is clarified to 
indicate which provisions are required, and ``alternative'' is changed 
to ``comparable.''
    For response time estimation purposes, in section 1.1, the 
definitions of ``Great Lakes,'' ``Higher Volume Port Area,'' and 
``Inland Area'' are revised.
    The list of the substantial harm criteria in section 2.0 is removed 
to eliminate redundancy with Sec. 112.20(f)(1) and the flowchart in 
Attachment C-I to Appendix C. Section 2.1 is renamed section 2.0.
    In new section 2.0, the language is clarified to indicate that the 
term ``public drinking water intake'' is analogous to the term ``public 
water system'' at 40 CFR 143.2(c) as described at 40 CFR part 110. 
Footnotes clarifying that public drinking water intakes are analogous 
to public water systems as described at 40 CFR 143.2(c) are added to 
this section and Attachment C-II. The definition of ``injury'' is 
removed from this section to eliminate redundancy with the definition 
in Sec. 112.2.
    In section 3.0, the last sentence is revised to clarify that for 
facilities that do not meet the substantial harm criteria using a 
comparable formula to calculate the planning distance, documentation of 
the comparable formula must not only be maintained at the facility but 
must be made available to EPA if requested. The first sentence in the 
oil transport on moving navigable waters in Attachment C-III is revised 
to include ``or a comparable formula as described in 
Sec. 112.20(a)(3)'' and ``for oil transport on moving navigable 
water.'' The section describing oil transport on moving navigable 
waters in Attachment C-III is clarified to indicated that adverse 
weather conditions shall be considered.
    In Attachment C-III, a section describing a method to determine a 
planning distance for tidal-influenced navigable water is added and the 
appropriate cross-reference is provided. A paragraph is added to 
indicate that if a facility owner or operator determines that more than 
one type of navigable water applies, the planning distance calculation 
must be performed for each navigable water type, and the greatest 
distance must be used in the substantial harm evaluation. The third 
paragraph is revised to provide an example of an instance where it 
would not be necessary to calculate a planning distance for screening 
purposes. The fourth paragraph of Attachment C-III is revised to 
include a reference to the example for determining the planning 
distance for the two types of navigable waters. The format of Table 3 
is revised and further explanation of how the time intervals in Table 3 
should be used to calculate a baseline planning distance is added. A 
conversion constant is added to the formula for calculating the surface 
area covered by an oil spill on still water. Conforming changes are 
made to the description of the formula and the sample calculation. 
Clarifying language is added to the description of the section on oil 
transport over land. Also, language is added to clarify the term 
``close proximity'' for purposes of calculating the planning distance. 
Section 4.0 ``References'' is added to Appendix C.

Environmentally Sensitive Areas (Appendix D in the Proposed Rule)

    The Environmentally Sensitive Areas appendix from the proposed rule 
is removed. Instead, EPA refers owners or operators to Appendices I, 
II, and III of the ``Guidance for Facility and Vessel Response Plans: 
Fish and Wildlife and Sensitive Environments,'' (see Appendix E to this 
part, section 10, for availability) and to the appropriate ACP for 
guidance in identifying fish and wildlife and sensitive environments.

Appendix D--Determination of a Worst Case Discharge (Appendix E in the 
Proposed Rule)

    Throughout Appendix D, the language is clarified to indicate which 
provisions are required and which are provided only as guidance. The 
last sentence of the first paragraph of the instructions is revised to 
remove ``and its proximity to navigable waters.''
    Parts A1 and B1 of the instructions for the determination of the 
worst case discharge at single-tank facilities are revised to reflect 
credit for adequate secondary containment.
    Parts A3 and B3 of the instructions are removed and Parts A2 and B2 
and explanatory notes revised to reflect elimination of the additional 
10 percent factor for proximity to navigable waters and clarification 
of the terms ``permanently manifolded tanks'' and ``adequate secondary 
containment.''
    Part B of the instructions for the determination of the worst case 
discharge for production facilities is revised to reflect changes in 
the calculations for production wells producing by pumping. Part B is 
also revised to reflect changes in the calculations for exploratory 
wells and production wells producing under pressure. Attachment D-I is 
added to describe these changes.

Appendix E--Determination and Evaluation of Required Response Resources 
for Facility Response Plans (Appendix F in the Proposed Rule)

    The title of the Appendix was changed from ``Guidelines for 
Determining and Evaluating Required Response Resources for Facility 
Response Plans'' to ``Determination and Evaluation of Required Response 
Resources for Facility Response Plans.''
    Throughout Appendix E, the term ``environmentally sensitive areas'' 
is replaced with the term ``fish and wildlife and sensitive 
environments'' as defined at Sec. 112.2 and references to former 
Appendix D replaced with references to the Guidance for Facility and 
Vessel Response Plans: Fish and Wildlife and Sensitive Environments 
published by DOC/NOAA in the Federal Register on March 29, 1994 and to 
the appropriate ACP. The language is clarified to indicate which 
provisions are required. Section 1.1 is revised to specify that this 
appendix shall be used by facility owners and operators to determine 
resources for the response plan and by the RA in the review of facility 
response plans.
    Section 1.2 is added to Appendix E, and the definitions of non-
persistent and persistent oils and non-petroleum oils from Attachment 
F-2 of the proposed rule are moved into section 1.2 of Appendix E. 
Group 5 oils are added to the definition of persistent oils to account 
for oils that have specific gravities that are equal to or greater than 
1.0. The definitions of ``nearshore,'' ``ocean,'' ``operating area,'' 
and ``operating environment'' are added to section 1.2 of Appendix E. 
Section 1.2.8 is added to reference other definitions.
    Sections 3.2 and 4.2 are revised to replace ``synonymous with'' 
with ``that corresponds to.''
    Section 5.6 is revised to indicate that at least 20 percent of the 
on-water response equipment must be capable of operating in shallow 
water.
    A reference to section 7.6 which describes the procedures for non-
petroleum oils is added to section 7.1.
    Section 7.4 is revised to remove the 110 percent factor from the 
example worst case discharge calculation. The resulting tier values are 
revised accordingly.
    References to the definitions and response resource considerations 
for Group 5 and non-petroleum oils were added to Tables 2 and 3.
    As described in Section II.B of this preamble, a series of changes 
to the remaining sections of Appendix E (e.g., the addition of separate 
procedures for non-petroleum oils) are made to ensure greater 
consistency with the equipment instructions contained in the USCG's 
interim final rule for MTR facilities.

Appendix F--Model Facility-Specific Response Plan (Appendix G in the 
Proposed Rule)

    The title of Appendix G, ``Standard Facility-Specific Response 
Plan,'' is changed to ``Model Facility-Specific Response Plan'' in the 
final rule.
    Throughout Appendix F, the term ``emergency response coordinator'' 
is replaced with the term ``qualified individual,'' the term 
``environmentally sensitive areas'' is replaced with the term ``fish 
and wildlife and sensitive environments,'' the language is clarified to 
indicate which provisions are required, and the language is clarified 
to indicate ``oil storage capacity,'' ``oil storage tanks,'' and 
``aboveground oil storage tanks'' where appropriate.
    Section 1.0 is revised to specify that owners or operators of large 
facilities that handle, store, or transport oil at more than one 
geographically distinct location shall, as appropriate, develop 
separate sections of the response plan for each storage area. The 
reference for immediate actions is changed from ``(Section 1.7) 
condensed'' to ``(Section 1.7.1) complete.''
    Section 1.2 is revised to indicate that the home and work address 
of the qualified individual(s) shall be listed in the response plan. 
The list of States with EPA-approved wellhead protection programs is 
replaced with an information number for the SDWA Hotline and a 
definition of ``wellhead protection area'' is added.
    Paragraph 4 (now paragraph 5) of the introduction to section 1.3, 
Emergency Response Information, is revised to clarify which types of 
emergency response personnel should be included on the personnel lists. 
Section 1.3.1 is revised to include the phone number of the Regional 
Response Center, to specify that the Federal OSC should be contacted, 
and to remove the item requiring notification of the Area Committee 
from the list. Section 1.3.2 is split into sections 1.3.2 and 1.3.3 and 
the remainder of section 1.3 is renumbered accordingly. Also, section 
1.3.2 is revised to improve clarity and to indicate that the facility 
owner or operator must follow appropriate procedures contained in the 
NCP and ACP to obtain approval for the use of dispersants. New section 
1.3.3 is revised to include a log for basic information on equipment 
testing (from section 1.3.2 of the proposed rule) and deployment drills 
(from the results of required drills/exercises). Section 1.3.3 (now 
1.3.4) is revised by reordering the lists and adding ``pager number'' 
to the facility response team list. Section 1.3.4 (now 1.3.5) is 
revised to clarify that facilities must, as appropriate, reference 
existing community evacuation plans.
    The language in section 1.4 is revised to clarify the mandatory 
nature of the hazard evaluation provisions. A definition of surface 
impoundment is added to section 1.4.1. In section 1.4.2, examples of 
areas of economic importance are added. Section 1.4.3 is revised to 
remove the word ``quantitative.''
    Section 1.5.2 is revised to remove details on the calculation of 
worst case discharge planning volume to avoid redundancy with Appendix 
D.
    A form detailing recommended immediate actions is added to section 
1.7.1.
    Section 1.8 is revised to clarify the requirements to describe the 
facility's drill/exercise and training programs and to reflect that 
logs may be included in the response plan or kept as an annex to the 
plan. Conforming changes are made to the sample logs throughout the 
appendix.
    Section 1.9 is revised to add provision L, that requires the owner 
or operator of a complex to identify the interface between portions of 
the facility that are regulated by different agencies. EPA believes 
that this will help reinforce owners or operators understanding of 
jurisdictional issues at certain facilities.
    The response plan cover sheet is revised to a fill-in-the-blank 
form. A footnote is added to explain where to locate Dun & Bradstreet 
and SIC code information. Conforming changes are made to Section 2.0.
    The acronyms DOC, MMS, PREP, RRC, and RSPA are added to section 
3.0.

III. Regulatory Analyses

A. Executive Order 12866

    Under E.O. 12866, (58 FR 51735, October 4, 1993) the Agency must 
determine whether the regulatory action is ``significant'' and 
therefore subject to OMB review and the requirements of the E.O. The 
Order defines ``significant regulatory action'' as one that is likely 
to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
E.O. 12866.
    Pursuant to the terms of E.O. 12866, it has been determined that 
this rule is a ``significant regulatory action'' because it will have 
an annual effect on the economy of more than $100 million. An economic 
analysis performed by the Agency, available for inspection in Room 
M2615 at the U.S. Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460, shows that this rule would result in estimated 
costs to affected facilities of greater than $100 million in the first 
year. As such, this action was submitted to OMB for review as required 
by E.O. 12866. Changes made in response to OMB suggestions or 
recommendations will be documented in the public record.
    The analysis shows that the action will result in costs to the 
regulated community of approximately $107.2 million during the first 
year that the rule is in effect and approximately $41.6 million in each 
subsequent year. The first-year, subsequent-year, and annualized costs 
of the revisions to affected facilities are presented in Table 1.

      Table 1.--Total Cost To Affected Facilities of the Final Rule     
                        [In millions of dollars]                        
------------------------------------------------------------------------
                                                            Annualized  
       Requirement          First-year      Subsequent-   value of total
                               costs        year costs         costs    
------------------------------------------------------------------------
Rule Familiarization....            12.2               0             1.7
Facility Response Plan..            95.0            41.6            48.7
  Total.................           107.2            41.6            50.4
------------------------------------------------------------------------

EPA is also expected to incur costs estimated at $1.3 million in the 
first year and $1.2 million in the second year to implement the 
program.
    The Regulatory Impact Analysis (RIA) prepared in support of this 
rule also includes an assessment of the environmental benefits 
associated with the proposed revisions. This quantified benefit 
estimate includes only the benefits of avoided clean-up costs, value of 
lost product, avoided natural resource damages, and avoided property 
damages as a result of the mitigation of the severity of spills that 
occur. Other damages caused by oil spills that are not included in the 
quantitative estimate, include lost profit by business, public health 
risks, and foregone existence/option value. Assuming that response 
plans effectively reduce oil spill damage by 30 percent, benefits that 
have been quantified in the RIA are estimated to range from $20.3 
million to $40.6 million depending on assumptions regarding the volume 
of discharged oil that escapes secondary containment systems.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601-611) requires 
that a Regulatory Flexibility Analysis be preformed for all rules that 
are likely to have a ``significant impact on a substantial number of 
small entities.'' The results of a preliminary analysis indicate that 
this rule will not have significant adverse impacts on small businesses 
because small businesses are unlikely to meet the criteria to prepare 
and submit a response plan and are therefore unlikely to be affected by 
the facility response planning requirements, which account for 
virtually all of the total costs of the final rulemaking (see the 
``Regulatory Impact Analysis of Revisions to the Oil Pollution 
Prevention Regulation to Implement the Facility Response Planning 
Requirements of the Oil Pollution Act of 1990,'' Appendix F, March 
1994, available for inspection in Room M2615 at the U.S. Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460). Therefore, 
EPA certifies that this proposed rule is not expected to have a 
significant impact on small entities, and therefore that no Regulatory 
Flexibility Analysis is necessary.

C. Paperwork Reduction Act

    The information collection requirements in this rule have been 
approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and have been assigned 
control number 2050-0135.
    Preparation of a response plan has an estimated first-year 
reporting burden ranging from 131.75 hours to 350 hours per respondent, 
averaging 194.5 hours, and an estimated first-year recordkeeping burden 
ranging from 13.5 hours to 34 hours per respondent, averaging 21.5 
hours. These estimates include time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Maintaining, reviewing, and updating a response plan have an estimated 
annual reporting burden in subsequent years ranging from 52 hours to 
161 hours per respondent, averaging 83 hours, and an estimated annual 
recordkeeping burden in subsequent years ranging from two to ten hours 
per respondent, averaging 4.75 hours. Facilities regulated under the 
Oil Pollution Prevention rule that are not required to prepare response 
plans have an estimated reporting burden ranging from 0.25 to 6.5 hours 
per respondent, averaging less than one hour.
    Send comments regarding the burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden to Chief, Information Policy Branch; EPA; 401 M St., SW. (Mail 
Code 2136); Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503, marked ``Attention: Desk Officer for EPA.''

D. Display of OMB Control Numbers

    EPA is also amending the table of currently approved information 
collection request (ICR) control numbers issued by OMB for various 
regulations. This amendment updates the table to accurately display 
those information requirements contained in this final rule. This 
display of the OMB control number and its subsequent codification in 
the Code of Federal Regulations satisfies the requirements of the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and OMB's implementing 
regulations at 5 CFR part 1320.
    The ICR was previously subject to public notice and comment prior 
to OMB approval. As a result, EPA finds that there is ``good cause'' 
under section 553(b)(3)(B) of the Administrative Procedure Act (5 
U.S.C. 553(b)(3)(B)) to amend this table without prior notice and 
comment. Due to the technical nature of the table, further notice and 
comment would be unnecessary.

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 112

    Environmental protection, Fire prevention, Flammable materials, 
Materials handling and storage, Oil pollution, Oil spill response, 
Penalties, Petroleum, Reporting and recordkeeping requirements, Tanks, 
Water pollution control, Water resources.

    Dated: June 15, 1994.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, 40 CFR Parts 9 and 112 are 
amended as follows:

PART 9--OMB APPROVAL NUMBERS UNDER THE PAPERWORK REDUCTION ACT

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 1345 
(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp. 
p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 
300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 
300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 
11023, 11048.

    2. Section 9.1 is amended by adding a centerheading and entry to 
the table in numerical order to read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                             OMB control
                      40 CFR citation                            No.    
------------------------------------------------------------------------
                                                                        
                                  *****                                 
Oil Pollution Prevention; Non-Transportation-Related                    
 Onshore Facilities 112.20.................................    2050-0135
                                                                        
                                  *****                                 
------------------------------------------------------------------------

PART 112--OIL POLLUTION PREVENTION

    3. The authority citation for part 112 is revised to read as 
follows:

    Authority: 33 U.S.C. 1321 and 1361; E.O. 12777 (October 18, 
1991), 3 CFR, 1991 Comp., p. 351.

    4. Section 112.2 is amended by removing the paragraph designations 
(a) through (l), placing definitions in alphabetical order, and adding 
the following new definitions in alphabetical order, to read as 
follows:


Sec. 112.2  Definitions.

* * * * *
    Adverse weather means the weather conditions that make it difficult 
for response equipment and personnel to cleanup or remove spilled oil, 
and that will be considered when identifying response systems and 
equipment in a response plan for the applicable operating environment. 
Factors to consider include significant wave height as specified in 
Appendix E to this part, as appropriate, ice conditions, temperatures, 
weather-related visibility, and currents within the area in which the 
systems or equipment are intended to function.
    Complex means a facility possessing a combination of 
transportation-related and non-transportation-related components that 
is subject to the jurisdiction of more than one Federal agency under 
section 311(j) of the Clean Water Act.
    Contract or other approved means: (1) A written contractual 
agreement with an oil spill removal organization(s) that identifies and 
ensures the availability of the necessary personnel and equipment 
within appropriate response times; and/or
    (2) A written certification by the owner or operator that the 
necessary personnel and equipment resources, owned or operated by the 
facility owner or operator, are available to respond to a discharge 
within appropriate response times; and/or
    (3) Active membership in a local or regional oil spill removal 
organization(s) that has identified and ensures adequate access through 
such membership to necessary personnel and equipment to respond to a 
discharge within appropriate response times in the specified geographic 
areas; and/or
    (4) Other specific arrangements approved by the Regional 
Administrator upon request of the owner or operator.
* * * * *
    Fish and wildlife and sensitive environments means areas that may 
be identified by either their legal designation or by evaluations of 
Area Committees (for planning) or members of the Federal On-Scene 
Coordinator's spill response structure (during responses). These areas 
may include wetlands, National and State parks, critical habitats for 
endangered/threatened species, wilderness and natural resource areas, 
marine sanctuaries and estuarine reserves, conservation areas, 
preserves, wildlife areas, wildlife refuges, wild and scenic rivers, 
recreational areas, national forests, Federal and State lands that are 
research national areas, heritage program areas, land trust areas, and 
historical and archeological sites and parks. These areas may also 
include unique habitats such as: aquaculture sites and agricultural 
surface water intakes, bird nesting areas, critical biological resource 
areas, designated migratory routes, and designated seasonal habitats.
    Injury means a measurable adverse change, either long- or short-
term, in the chemical or physical quality or the viability of a natural 
resource resulting either directly or indirectly from exposure to a 
discharge of oil, or exposure to a product of reactions resulting from 
a discharge of oil.
    Maximum extent practicable means the limitations used to determine 
oil spill planning resources and response times for on-water recovery, 
shoreline protection, and cleanup for worst case discharges from 
onshore non- transportation-related facilities in adverse weather. It 
considers the planned capability to respond to a worst case discharge 
in adverse weather, as contained in a response plan that meets the 
requirements in Sec. 112.20 or in a specific plan approved by the 
Regional Administrator.
* * * * *
    Oil Spill Removal Organization means an entity that provides oil 
spill response resources, and includes any for-profit or not-for-profit 
contractor, cooperative, or in-house response resources that have been 
established in a geographic area to provide required response 
resources.
* * * * *
    Worst case discharge for an onshore non-transportation-related 
facility means the largest foreseeable discharge in adverse weather 
conditions as determined using the worksheets in Appendix D to this 
part.

    5. Sections 112.20 and 112.21 are added to read as follows:


Sec. 112.20  Facility response plans.

    (a) The owner or operator of any non-transportation-related onshore 
facility that, because of its location, could reasonably be expected to 
cause substantial harm to the environment by discharging oil into or on 
the navigable waters or adjoining shorelines shall prepare and submit a 
facility response plan to the Regional Administrator, according to the 
following provisions:
    (1) For the owner or operator of a facility in operation on or 
before February 18, 1993 who is required to prepare and submit a 
response plan under 33 U.S.C. 1321(j)(5), the Oil Pollution Act of 1990 
(Pub. L. 101-380, 33 U.S.C. 2701 et seq.) requires the submission of a 
response plan that satisfies the requirements of 33 U.S.C. 1321(j)(5) 
no later than February 18, 1993.
    (i) The owner or operator of an existing facility that was in 
operation on or before February 18, 1993 who submitted a response plan 
by February 18, 1993 shall revise the response plan to satisfy the 
requirements of this section and resubmit the response plan or updated 
portions of the response plan to the Regional Administrator by February 
18, 1995.
    (ii) The owner or operator of an existing facility in operation on 
or before February 18, 1993 who failed to submit a response plan by 
February 18, 1993 shall prepare and submit a response plan that 
satisfies the requirements of this section to the Regional 
Administrator before August 30, 1994.
    (2) The owner or operator of a facility in operation on or after 
August 30, 1994 that satisfies the criteria in paragraph (f)(1) of this 
section or that is notified by the Regional Administrator pursuant to 
paragraph (b) of this section shall prepare and submit a facility 
response plan that satisfies the requirements of this section to the 
Regional Administrator.
    (i) For a facility that commenced operations after February 18, 
1993 but prior to August 30, 1994, and is required to prepare and 
submit a response plan based on the criteria in paragraph (f)(1) of 
this section, the owner or operator shall submit the response plan or 
updated portions of the response plan, along with a completed version 
of the response plan cover sheet contained in Appendix F to this part, 
to the Regional Administrator prior to August 30, 1994.
    (ii) For a newly constructed facility that commences operation 
after August 30, 1994, and is required to prepare and submit a response 
plan based on the criteria in paragraph (f)(1) of this section, the 
owner or operator shall submit the response plan, along with a 
completed version of the response plan cover sheet contained in 
Appendix F to this part, to the Regional Administrator prior to the 
start of operations (adjustments to the response plan to reflect 
changes that occur at the facility during the start-up phase of 
operations must be submitted to the Regional Administrator after an 
operational trial period of 60 days).
    (iii) For a facility required to prepare and submit a response plan 
after August 30, 1994, as a result of a planned change in design, 
construction, operation, or maintenance that renders the facility 
subject to the criteria in paragraph (f)(1) of this section, the owner 
or operator shall submit the response plan, along with a completed 
version of the response plan cover sheet contained in Appendix F to 
this part, to the Regional Administrator before the portion of the 
facility undergoing change commences operations (adjustments to the 
response plan to reflect changes that occur at the facility during the 
start-up phase of operations must be submitted to the Regional 
Administrator after an operational trial period of 60 days).
    (iv) For a facility required to prepare and submit a response plan 
after August 30, 1994, as a result of an unplanned event or change in 
facility characteristics that renders the facility subject to the 
criteria in paragraph (f)(1) of this section, the owner or operator 
shall submit the response plan, along with a completed version of the 
response plan cover sheet contained in Appendix F to this part, to the 
Regional Administrator within six months of the unplanned event or 
change.
    (3) In the event the owner or operator of a facility that is 
required to prepare and submit a response plan uses an alternative 
formula that is comparable to one contained in Appendix C to this part 
to evaluate the criterion in paragraph (f)(1)(ii)(B) or (f)(1)(ii)(C) 
of this section, the owner or operator shall attach documentation to 
the response plan cover sheet contained in Appendix F to this part that 
demonstrates the reliability and analytical soundness of the 
alternative formula.
    (b)(1) The Regional Administrator may at any time require the owner 
or operator of any non-transportation-related onshore facility to 
prepare and submit a facility response plan under this section after 
considering the factors in paragraph (f)(2) of this section. If such a 
determination is made, the Regional Administrator shall notify the 
facility owner or operator in writing and shall provide a basis for the 
determination. If the Regional Administrator notifies the owner or 
operator in writing of the requirement to prepare and submit a response 
plan under this section, the owner or operator of the facility shall 
submit the response plan to the Regional Administrator within six 
months of receipt of such written notification.
    (2) The Regional Administrator shall review plans submitted by such 
facilities to determine whether the facility could, because of its 
location, reasonably be expected to cause significant and substantial 
harm to the environment by discharging oil into or on the navigable 
waters or adjoining shorelines.
    (c) The Regional Administrator shall determine whether a facility 
could, because of its location, reasonably be expected to cause 
significant and substantial harm to the environment by discharging oil 
into or on the navigable waters or adjoining shorelines, based on the 
factors in paragraph (f)(3) of this section. If such a determination is 
made, the Regional Administrator shall notify the owner or operator of 
the facility in writing and:
    (1) Promptly review the facility response plan;
    (2) Require amendments to any response plan that does not meet the 
requirements of this section;
    (3) Approve any response plan that meets the requirements of this 
section; and
    (4) Review each response plan periodically thereafter on a schedule 
established by the Regional Administrator provided that the period 
between plan reviews does not exceed five years.
    (d)(1) The owner or operator of a facility for which a response 
plan is required under this part shall revise and resubmit revised 
portions of the response plan within 60 days of each facility change 
that materially may affect the response to a worst case discharge, 
including:
    (i) A change in the facility's configuration that materially alters 
the information included in the response plan;
    (ii) A change in the type of oil handled, stored, or transferred 
that materially alters the required response resources;
    (iii) A material change in capabilities of the oil spill removal 
organization(s) that provide equipment and personnel to respond to 
discharges of oil described in paragraph (h)(5) of this section;
    (iv) A material change in the facility's spill prevention and 
response equipment or emergency response procedures; and
    (v) Any other changes that materially affect the implementation of 
the response plan.
    (2) Except as provided in paragraph (d)(1) of this section, 
amendments to personnel and telephone number lists included in the 
response plan and a change in the oil spill removal organization(s) 
that does not result in a material change in support capabilities do 
not require approval by the Regional Administrator. Facility owners or 
operators shall provide a copy of such changes to the Regional 
Administrator as the revisions occur.
    (3) The owner or operator of a facility that submits changes to a 
response plan as provided in paragraph (d)(1) or (d)(2) of this section 
shall provide the EPA-issued facility identification number (where one 
has been assigned) with the changes.
    (4) The Regional Administrator shall review for approval changes to 
a response plan submitted pursuant to paragraph (d)(1) of this section 
for a facility determined pursuant to paragraph (f)(3) of this section 
to have the potential to cause significant and substantial harm to the 
environment.
    (e) If the owner or operator of a facility determines pursuant to 
paragraph (a)(2) of this section that the facility could not, because 
of its location, reasonably be expected to cause substantial harm to 
the environment by discharging oil into or on the navigable waters or 
adjoining shorelines, the owner or operator shall complete and maintain 
at the facility the certification form contained in Appendix C to this 
part and, in the event an alternative formula that is comparable to one 
contained in Appendix C to this part is used to evaluate the criterion 
in paragraph (f)(1)(ii)(B) or (f)(1)(ii)(C) of this section, the owner 
or operator shall attach documentation to the certification form that 
demonstrates the reliability and analytical soundness of the comparable 
formula and shall notify the Regional Administrator in writing that an 
alternative formula was used.
    (f)(1) A facility could, because of its location, reasonably be 
expected to cause substantial harm to the environment by discharging 
oil into or on the navigable waters or adjoining shorelines pursuant to 
paragraph (a)(2) of this section, if it meets any of the following 
criteria applied in accordance with the flowchart contained in 
Attachment C-I to Appendix C to this part:
    (i) The facility transfers oil over water to or from vessels and 
has a total oil storage capacity greater than or equal to 42,000 
gallons; or
    (ii) The facility's total oil storage capacity is greater than or 
equal to 1 million gallons, and one of the following is true:
    (A) The facility does not have secondary containment for each 
aboveground storage area sufficiently large to contain the capacity of 
the largest aboveground oil storage tank within each storage area plus 
sufficient freeboard to allow for precipitation;
    (B) The facility is located at a distance (as calculated using the 
appropriate formula in Appendix C to this part or a comparable formula) 
such that a discharge from the facility could cause injury to fish and 
wildlife and sensitive environments. For further description of fish 
and wildlife and sensitive environments, see Appendices I, II, and III 
of the ``Guidance for Facility and Vessel Response Plans: Fish and 
Wildlife and Sensitive Environments'' (see Appendix E to this part, 
section 10, for availability) and the applicable Area Contingency Plan 
prepared pursuant to section 311(j)(4) of the Clean Water Act;
    (C) The facility is located at a distance (as calculated using the 
appropriate formula in Appendix C to this part or a comparable formula) 
such that a discharge from the facility would shut down a public 
drinking water intake; or
    (D) The facility has had a reportable oil spill in an amount 
greater than or equal to 10,000 gallons within the last 5 years.
    (2)(i) To determine whether a facility could, because of its 
location, reasonably be expected to cause substantial harm to the 
environment by discharging oil into or on the navigable waters or 
adjoining shorelines pursuant to paragraph (b) of this section, the 
Regional Administrator shall consider the following:
    (A) Type of transfer operation;
    (B) Oil storage capacity;
    (C) Lack of secondary containment;
    (D) Proximity to fish and wildlife and sensitive environments and 
other areas determined by the Regional Administrator to possess 
ecological value;
    (E) Proximity to drinking water intakes;
    (F) Spill history; and
    (G) Other site-specific characteristics and environmental factors 
that the Regional Administrator determines to be relevant to protecting 
the environment from harm by discharges of oil into or on navigable 
waters or adjoining shorelines.
    (ii) Any person, including a member of the public or any 
representative from a Federal, State, or local agency who believes that 
a facility subject to this section could, because of its location, 
reasonably be expected to cause substantial harm to the environment by 
discharging oil into or on the navigable waters or adjoining shorelines 
may petition the Regional Administrator to determine whether the 
facility meets the criteria in paragraph (f)(2)(i) of this section. 
Such petition shall include a discussion of how the factors in 
paragraph (f)(2)(i) of this section apply to the facility in question. 
The RA shall consider such petitions and respond in an appropriate 
amount of time.
    (3) To determine whether a facility could, because of its location, 
reasonably be expected to cause significant and substantial harm to the 
environment by discharging oil into or on the navigable waters or 
adjoining shorelines, the Regional Administrator may consider the 
factors in paragraph (f)(2) of this section as well as the following:
    (i) Frequency of past spills;
    (ii) Proximity to navigable waters;
    (iii) Age of oil storage tanks; and
    (iv) Other facility-specific and Region-specific information, 
including local impacts on public health.
    (g)(1) All facility response plans shall be consistent with the 
requirements of the National Oil and Hazardous Substance Pollution 
Contingency Plan (40 CFR part 300) and applicable Area Contingency 
Plans prepared pursuant to section 311(j)(4) of the Clean Water Act. 
The facility response plan should be coordinated with the local 
emergency response plan developed by the local emergency planning 
committee under section 303 of Title III of the Superfund Amendments 
and Reauthorization Act of 1986 (42 U.S.C. 11001 et seq.). Upon 
request, the owner or operator should provide a copy of the facility 
response plan to the local emergency planning committee or State 
emergency response commission.
    (2) The owner or operator shall review relevant portions of the 
National Oil and Hazardous Substances Pollution Contingency Plan and 
applicable Area Contingency Plan annually and, if necessary, revise the 
facility response plan to ensure consistency with these plans.
    (3) The owner or operator shall review and update the facility 
response plan periodically to reflect changes at the facility.
    (h) A response plan shall follow the format of the model facility-
specific response plan included in Appendix F to this part, unless an 
equivalent response plan has been prepared to meet State or other 
Federal requirements. A response plan that does not follow the 
specified format in Appendix F to this part shall have an emergency 
response action plan as specified in paragraphs (h)(1) of this section 
and be supplemented with a cross-reference section to identify the 
location of the elements listed in paragraphs (h)(2) through (h)(10) of 
this section. To meet the requirements of this part, a response plan 
shall address the following elements, as further described in Appendix 
F to this part:
    (1) Emergency response action plan. The response plan shall include 
an emergency response action plan in the format specified in paragraphs 
(h)(1)(i) through (viii) of this section that is maintained in the 
front of the response plan, or as a separate document accompanying the 
response plan, and that includes the following information:
    (i) The identity and telephone number of a qualified individual 
having full authority, including contracting authority, to implement 
removal actions;
    (ii) The identity of individuals or organizations to be contacted 
in the event of a discharge so that immediate communications between 
the qualified individual identified in paragraph (h)(1) of this section 
and the appropriate Federal officials and the persons providing 
response personnel and equipment can be ensured;
    (iii) A description of information to pass to response personnel in 
the event of a reportable spill;
    (iv) A description of the facility's response equipment and its 
location;
    (v) A description of response personnel capabilities, including the 
duties of persons at the facility during a response action and their 
response times and qualifications;
    (vi) Plans for evacuation of the facility and a reference to 
community evacuation plans, as appropriate;
    (vii) A description of immediate measures to secure the source of 
the discharge, and to provide adequate containment and drainage of 
spilled oil; and
    (viii) A diagram of the facility.
    (2) Facility information. The response plan shall identify and 
discuss the location and type of the facility, the identity and tenure 
of the present owner and operator, and the identity of the qualified 
individual identified in paragraph (h)(1) of this section.
    (3) Information about emergency response. The response plan shall 
include:
    (i) The identity of private personnel and equipment necessary to 
remove to the maximum extent practicable a worst case discharge and 
other discharges of oil described in paragraph (h)(5) of this section, 
and to mitigate or prevent a substantial threat of a worst case 
discharge (To identify response resources to meet the facility response 
plan requirements of this section, owners or operators shall follow 
Appendix E to this part or, where not appropriate, shall clearly 
demonstrate in the response plan why use of Appendix E of this part is 
not appropriate at the facility and make comparable arrangements for 
response resources);
    (ii) Evidence of contracts or other approved means for ensuring the 
availability of such personnel and equipment;
    (iii) The identity and the telephone number of individuals or 
organizations to be contacted in the event of a discharge so that 
immediate communications between the qualified individual identified in 
paragraph (h)(1) of this section and the appropriate Federal official 
and the persons providing response personnel and equipment can be 
ensured;
    (iv) A description of information to pass to response personnel in 
the event of a reportable spill;
    (v) A description of response personnel capabilities, including the 
duties of persons at the facility during a response action and their 
response times and qualifications;
    (vi) A description of the facility's response equipment, the 
location of the equipment, and equipment testing;
    (vii) Plans for evacuation of the facility and a reference to 
community evacuation plans, as appropriate;
    (viii) A diagram of evacuation routes; and
    (ix) A description of the duties of the qualified individual 
identified in paragraph (h)(1) of this section, that include:
    (A) Activate internal alarms and hazard communication systems to 
notify all facility personnel;
    (B) Notify all response personnel, as needed;
    (C) Identify the character, exact source, amount, and extent of the 
release, as well as the other items needed for notification;
    (D) Notify and provide necessary information to the appropriate 
Federal, State, and local authorities with designated response roles, 
including the National Response Center, State Emergency Response 
Commission, and Local Emergency Planning Committee;
    (E) Assess the interaction of the spilled substance with water and/
or other substances stored at the facility and notify response 
personnel at the scene of that assessment;
    (F) Assess the possible hazards to human health and the environment 
due to the release. This assessment must consider both the direct and 
indirect effects of the release (i.e., the effects of any toxic, 
irritating, or asphyxiating gases that may be generated, or the effects 
of any hazardous surface water runoffs from water or chemical agents 
used to control fire and heat-induced explosion);
    (G) Assess and implement prompt removal actions to contain and 
remove the substance released;
    (H) Coordinate rescue and response actions as previously arranged 
with all response personnel;
    (I) Use authority to immediately access company funding to initiate 
cleanup activities; and
    (J) Direct cleanup activities until properly relieved of this 
responsibility.
    (4) Hazard evaluation. The response plan shall discuss the 
facility's known or reasonably identifiable history of discharges 
reportable under 40 CFR part 110 for the entire life of the facility 
and shall identify areas within the facility where discharges could 
occur and what the potential effects of the discharges would be on the 
affected environment. To assess the range of areas potentially 
affected, owners or operators shall, where appropriate, consider the 
distance calculated in paragraph (f)(1)(ii) of this section to 
determine whether a facility could, because of its location, reasonably 
be expected to cause substantial harm to the environment by discharging 
oil into or on the navigable waters or adjoining shorelines.
    (5) Response planning levels. The response plan shall include 
discussion of specific planning scenarios for:
    (i) A worst case discharge, as calculated using the appropriate 
worksheet in Appendix D to this part. In cases where the Regional 
Administrator determines that the worst case discharge volume 
calculated by the facility is not appropriate, the Regional 
Administrator may specify the worst case discharge amount to be used 
for response planning at the facility. For complexes, the worst case 
planning quantity shall be the larger of the amounts calculated for 
each component of the facility;
    (ii) A discharge of 2,100 gallons or less, provided that this 
amount is less than the worst case discharge amount. For complexes, 
this planning quantity shall be the larger of the amounts calculated 
for each component of the facility; and
    (iii) A discharge greater than 2,100 gallons and less than or equal 
to 36,000 gallons or 10 percent of the capacity of the largest tank at 
the facility, whichever is less, provided that this amount is less than 
the worst case discharge amount. For complexes, this planning quantity 
shall be the larger of the amounts calculated for each component of the 
facility.
    (6) Discharge detection systems. The response plan shall describe 
the procedures and equipment used to detect discharges.
    (7) Plan implementation. The response plan shall describe:
    (i) Response actions to be carried out by facility personnel or 
contracted personnel under the response plan to ensure the safety of 
the facility and to mitigate or prevent discharges described in 
paragraph (h)(5) of this section or the substantial threat of such 
discharges;
    (ii) A description of the equipment to be used for each scenario;
    (iii) Plans to dispose of contaminated cleanup materials; and
    (iv) Measures to provide adequate containment and drainage of 
spilled oil.
    (8) Self-inspection, drills/exercises, and response training. The 
response plan shall include:
    (i) A checklist and record of inspections for tanks, secondary 
containment, and response equipment;
    (ii) A description of the drill/exercise program to be carried out 
under the response plan as described in Sec. 112.21;
    (iii) A description of the training program to be carried out under 
the response plan as described in Sec. 112.21; and
    (iv) Logs of discharge prevention meetings, training sessions, and 
drills/exercises. These logs may be maintained as an annex to the 
response plan.
    (9) Diagrams. The response plan shall include site plan and 
drainage plan diagrams.
    (10) Security systems. The response plan shall include a 
description of facility security systems.
    (11) Response plan cover sheet. The response plan shall include a 
completed response plan cover sheet provided in Section 2.0 of Appendix 
F to this part.
    (i)(1) In the event the owner or operator of a facility does not 
agree with the Regional Administrator's determination that the facility 
could, because of its location, reasonably be expected to cause 
substantial harm or significant and substantial harm to the environment 
by discharging oil into or on the navigable waters or adjoining 
shorelines, or that amendments to the facility response plan are 
necessary prior to approval, such as changes to the worst case 
discharge planning volume, the owner or operator may submit a request 
for reconsideration to the Regional Administrator and provide 
additional information and data in writing to support the request. The 
request and accompanying information must be submitted to the Regional 
Administrator within 60 days of receipt of notice of the Regional 
Administrator's original decision. The Regional Administrator shall 
consider the request and render a decision as rapidly as practicable.
    (2) In the event the owner or operator of a facility believes a 
change in the facility's classification status is warranted because of 
an unplanned event or change in the facility's characteristics (i.e., 
substantial harm or significant and substantial harm), the owner or 
operator may submit a request for reconsideration to the Regional 
Administrator and provide additional information and data in writing to 
support the request. The Regional Administrator shall consider the 
request and render a decision as rapidly as practicable.
    (3) After a request for reconsideration under paragraph (i)(1) or 
(i)(2) of this section has been denied by the Regional Administrator, 
an owner or operator may appeal a determination made by the Regional 
Administrator. The appeal shall be made to the EPA Administrator and 
shall be made in writing within 60 days of receipt of the decision from 
the Regional Administrator that the request for reconsideration was 
denied. A complete copy of the appeal must be sent to the Regional 
Administrator at the time the appeal is made. The appeal shall contain 
a clear and concise statement of the issues and points of fact in the 
case. It also may contain additional information from the owner or 
operator, or from any other person. The EPA Administrator may request 
additional information from the owner or operator, or from any other 
person. The EPA Administrator shall render a decision as rapidly as 
practicable and shall notify the owner or operator of the decision.


Sec. 112.21  Facility response training and drills/exercises.

    (a) The owner or operator of any facility required to prepare a 
facility response plan under Sec. 112.20 shall develop and implement a 
facility response training program and a drill/exercise program that 
satisfy the requirements of this section. The owner or operator shall 
describe the programs in the response plan as provided in 
Sec. 112.20(h)(8).
    (b) The facility owner or operator shall develop a facility 
response training program to train those personnel involved in oil 
spill response activities. It is recommended that the training program 
be based on the USCG's Training Elements for Oil Spill Response, as 
applicable to facility operations. An alternative program can also be 
acceptable subject to approval by the Regional Administrator.
    (1) The owner or operator shall be responsible for the proper 
instruction of facility personnel in the procedures to respond to 
discharges of oil and in applicable oil spill response laws, rules, and 
regulations.
    (2) Training shall be functional in nature according to job tasks 
for both supervisory and non-supervisory operational personnel.
    (3) Trainers shall develop specific lesson plans on subject areas 
relevant to facility personnel involved in oil spill response and 
cleanup.
    (c) The facility owner or operator shall develop a program of 
facility response drills/exercises, including evaluation procedures. A 
program that follows the National Preparedness for Response Exercise 
Program (PREP) (see Appendix E to this part, section 10, for 
availability) will be deemed satisfactory for purposes of this section. 
An alternative program can also be acceptable subject to approval by 
the Regional Administrator.
    6. Part 112 is amended by redesignating the appendix to Part 112 
titled ``Memorandum of Understanding Between the Secretary of 
Transportation and the Administrator of the Environmental Protection 
Agency'' as Appendix A to Part 112.


Appendices B Through F Part 112  [Added]

    7. Part 112 is amended by adding Appendices B through F to read as 
follows:

Appendix B to Part 112--Memorandum of Understanding Among the Secretary 
of the Interior, Secretary of Transportation, and Administrator of the 
Environmental Protection Agency

Purpose

    This Memorandum of Understanding (MOU) establishes the 
jurisdictional responsibilities for offshore facilities, including 
pipelines, pursuant to section 311 (j)(1)(c), (j)(5), and (j)(6)(A) 
of the Clean Water Act (CWA), as amended by the Oil Pollution Act of 
1990 (Public Law 101-380). The Secretary of the Department of the 
Interior (DOI), Secretary of the Department of Transportation (DOT), 
and Administrator of the Environmental Protection Agency (EPA) agree 
to the division of responsibilities set forth below for spill 
prevention and control, response planning, and equipment inspection 
activities pursuant to those provisions.

Background

    Executive Order (E.O.) 12777 (56 FR 54757) delegates to DOI, 
DOT, and EPA various responsibilities identified in section 311(j) 
of the CWA. Sections 2(b)(3), 2(d)(3), and 2(e)(3) of E.O. 12777 
assigned to DOI spill prevention and control, contingency planning, 
and equipment inspection activities associated with offshore 
facilities. Section 311(a)(11) defines the term ``offshore 
facility'' to include facilities of any kind located in, on, or 
under navigable waters of the United States. By using this 
definition, the traditional DOI role of regulating facilities on the 
Outer Continental Shelf is expanded by E.O. 12777 to include inland 
lakes, rivers, streams, and any other inland waters.

Responsibilities

    Pursuant to section 2(i) of E.O. 12777, DOI redelegates, and EPA 
and DOT agree to assume, the functions vested in DOI by sections 
2(b)(3), 2(d)(3), and 2(e)(3) of E.O. 12777 as set forth below. For 
purposes of this MOU, the term ``coast line'' shall be defined as in 
the Submerged Lands Act (43 U.S.C. 1301(c)) to mean ``the line of 
ordinary low water along that portion of the coast which is in 
direct contact with the open sea and the line marking the seaward 
limit of inland waters.''
    1. To EPA, DOI redelegates responsibility for non-
transportation-related offshore facilities located landward of the 
coast line.
    2. To DOT, DOI redelegates responsibility for transportation-
related facilities, including pipelines, located landward of the 
coast line. The DOT retains jurisdiction for deepwater ports and 
their associated seaward pipelines, as delegated by E.O. 12777.
    3. The DOI retains jurisdiction over facilities, including 
pipelines, located seaward of the coast line, except for deepwater 
ports and associated seaward pipelines delegated by E.O. 12777 to 
DOT.

Effective Date

    This MOU is effective on the date of the final execution by the 
indicated signatories.

Limitations

    1. The DOI, DOT, and EPA may agree in writing to exceptions to 
this MOU on a facility-specific basis. Affected parties will receive 
notification of the exceptions.
    2. Nothing in this MOU is intended to replace, supersede, or 
modify any existing agreements between or among DOI, DOT, or EPA.

Modification and Termination

    Any party to this agreement may propose modifications by 
submitting them in writing to the heads of the other agency/
department. No modification may be adopted except with the consent 
of all parties. All parties shall indicate their consent to or 
disagreement with any proposed modification within 60 days of 
receipt. Upon the request of any party, representatives of all 
parties shall meet for the purpose of considering exceptions or 
modifications to this agreement. This MOU may be terminated only 
with the mutual consent of all parties.

    Dated: November 8, 1993.
Bruce Babbitt,
Secretary of the Interior.
    Dated: December 14, 1993.
Federico Pena,
Secretary of Transportation.
    Dated: February 3, 1994.
Carol M. Browner,
Administrator, Environmental Protection Agency.

Appendix C to Part 112--Substantial Harm Criteria

1.0  Introduction

    The flowchart provided in Attachment C-I to this appendix shows 
the decision tree with the criteria to identify whether a facility 
``could reasonably be expected to cause substantial harm to the 
environment by discharging into or on the navigable waters or 
adjoining shorelines.'' In addition, the Regional Administrator has 
the discretion to identify facilities that must prepare and submit 
facility-specific response plans to EPA.

1.1  Definitions

    1.1.1  Great Lakes means Lakes Superior, Michigan, Huron, Erie, 
and Ontario, their connecting and tributary waters, the Saint 
Lawrence River as far as Saint Regis, and adjacent port areas.

1.1.2  Higher Volume Port Areas include

    (1) Boston, MA;
    (2) New York, NY;
    (3) Delaware Bay and River to Philadelphia, PA;
    (4) St. Croix, VI;
    (5) Pascagoula, MS;
    (6) Mississippi River from Southwest Pass, LA to Baton Rouge, 
LA;
    (7) Louisiana Offshore Oil Port (LOOP), LA;
    (8) Lake Charles, LA;
    (9) Sabine-Neches River, TX;
    (10) Galveston Bay and Houston Ship Channel, TX;
    (11) Corpus Christi, TX;
    (12) Los Angeles/Long Beach Harbor, CA;
    (13) San Francisco Bay, San Pablo Bay, Carquinez Strait, and 
Suisun Bay to Antioch, CA;
    (14) Straits of Juan de Fuca from Port Angeles, WA to and 
including Puget Sound, WA;
    (15) Prince William Sound, AK; and
    (16) Others as specified by the Regional Administrator for any 
EPA Region.
    1.1.3  Inland Area means the area shoreward of the boundary 
lines defined in 46 CFR part 7, except in the Gulf of Mexico. In the 
Gulf of Mexico, it means the area shoreward of the lines of 
demarcation (COLREG lines as defined in 33 CFR 80.740--80.850). The 
inland area does not include the Great Lakes.
    1.1.4  Rivers and Canals means a body of water confined within 
the inland area, including the Intracoastal Waterways and other 
waterways artificially created for navigating that have project 
depths of 12 feet or less.

2.0  Description of Screening Criteria for the Substantial Harm 
Flowchart

    A facility that has the potential to cause substantial harm to 
the environment in the event of a discharge must prepare and submit 
a facility-specific response plan to EPA in accordance with Appendix 
F to this part. A description of the screening criteria for the 
substantial harm flowchart is provided below:
    2.1  Non-Transportation-Related Facilities With a Total Oil 
Storage Capacity Greater Than or Equal to 42,000 Gallons Where 
Operations Include Over-Water Transfers of Oil. A non-
transportation-related facility with a total oil storage capacity 
greater than 42,000 gallons that transfers oil over water to or from 
vessels must submit a response plan to EPA. Daily oil transfer 
operations at these types of facilities occur between barges and 
vessels and onshore bulk storage tanks over open water. These 
facilities are located adjacent to navigable water.
    2.2  Lack of Adequate Secondary Containment at Facilities With a 
Total Oil Storage Capacity Greater Than or Equal to 1 Million 
Gallons. Any facility with a total oil storage capacity greater than 
or equal to 1 million gallons without secondary containment 
sufficiently large to contain the capacity of the largest 
aboveground oil storage tank within each area plus sufficient 
freeboard to allow for precipitation must submit a response plan to 
EPA. Secondary containment structures that meet the standard of good 
engineering practice for the purposes of this part include berms, 
dikes, retaining walls, curbing, culverts, gutters, or other 
drainage systems.
    2.3  Proximity to Fish and Wildlife and Sensitive Environments 
at Facilities With a Total Oil Storage Capacity Greater Than or 
Equal to 1 Million Gallons. A facility with a total oil storage 
capacity greater than or equal to 1 million gallons must submit its 
response plan if it is located at a distance such that a discharge 
from the facility could cause injury (as defined at 40 CFR 112.2) to 
fish and wildlife and sensitive environments. For further 
description of fish and wildlife and sensitive environments, see 
Appendices I, II, and III to DOC/NOAA's ``Guidance for Facility and 
Vessel Response Plans: Fish and Wildlife and Sensitive 
Environments'' (see Appendix E to this part, section 10, for 
availability) and the applicable Area Contingency Plan. Facility 
owners or operators must determine the distance at which an oil 
spill could cause injury to fish and wildlife and sensitive 
environments using the appropriate formula presented in Attachment 
C-III to this appendix or a comparable formula.
    2.4  Proximity to Public Drinking Water Intakes at Facilities 
with a Total Storage Oil Capacity Greater Than or Equal to 1 Million 
Gallons. A facility with a total storage capacity greater than or 
equal to 1 million gallons must submit its response plan if it is 
located at a distance such that a discharge from the facility would 
shut down a public drinking water intake, which is analogous to a 
public water system as described at 40 CFR 143.2(c). The distance at 
which an oil spill from an SPCC-regulated facility would shut down a 
public drinking water intake shall be calculated using the 
appropriate formula presented in Attachment C-III to this appendix 
or a comparable formula.
    2.5  Facilities That Have Experienced Reportable Oil Spills in 
an Amount Greater Than or Equal to 10,000 Gallons Within the Past 5 
Years and That Have a Total Oil Storage Capacity Greater Than or 
Equal to 1 Million Gallons. A facility's oil spill history within 
the past 5 years shall be considered in the evaluation for 
substantial harm. Any facility with a total oil storage capacity 
greater than or equal to 1 million gallons that has experienced a 
reportable oil spill in an amount greater than or equal to 10,000 
gallons within the past 5 years must submit a response plan to EPA.

3.0  Certification for Facilities That Do Not Pose Substantial Harm

    If the facility does not meet the substantial harm criteria 
listed in Attachment C-I to this appendix, the owner or operator 
shall complete and maintain at the facility the certification form 
contained in Attachment C-II to this appendix. In the event an 
alternative formula that is comparable to the one in this appendix 
is used to evaluate the substantial harm criteria, the owner or 
operator shall attach documentation to the certification form that 
demonstrates the reliability and analytical soundness of the 
comparable formula and shall notify the Regional Administrator in 
writing that an alternative formula was used.

4.0  References

    Chow, V.T. 1959. Open Channel Hydraulics. McGraw Hill.
    USCG IFR (58 FR 7353, February 5, 1993). This document is 
available through EPA's rulemaking docket as noted in Appendix E to 
this part, section 10.

Attachments to Appendix C

BILLING CODE 6560-50-P

TR01JY94.016


BILLING CODE 6560-50-C

Attachment C-II--Certification of the Applicability of the Substantial 
Harm Criteria

Facility Name:---------------------------------------------------------
Facility Addresses:----------------------------------------------------
    1. Does the facility transfer oil over water to or from vessels 
and does the facility have a total oil storage capacity greater than 
or equal to 42,000 gallons?
    Yes ______       No ______      
    2. Does the facility have a total oil storage capacity greater 
than or equal to 1 million gallons and does the facility lack 
secondary containment that is sufficiently large to contain the 
capacity of the largest aboveground oil storage tank plus sufficient 
freeboard to allow for precipitation within any aboveground oil 
storage tank area?
    Yes ______       No ______      
    3. Does the facility have a total oil storage capacity greater 
than or equal to 1 million gallons and is the facility located at a 
distance (as calculated using the appropriate formula in Attachment 
C-III to this appendix or a comparable formula\1\) such that a 
discharge from the facility could cause injury to fish and wildlife 
and sensitive environments? For further description of fish and 
wildlife and sensitive environments, see Appendices I, II, and III 
to DOC/NOAA's ``Guidance for Facility and Vessel Response Plans: 
Fish and Wildlife and Sensitive Environments'' (see Appendix E to 
this part, section 10, for availability) and the applicable Area 
Contingency Plan.
    Yes ______      No ______      
    4. Does the facility have a total oil storage capacity greater 
than or equal to 1 million gallons and is the facility located at a 
distance (as calculated using the appropriate formula in Attachment 
C-III to this appendix or a comparable formula\1\) such that a 
discharge from the facility would shut down a public drinking water 
intake\2\?
---------------------------------------------------------------------------

    \1\If a comparable formula is used documentation of the 
reliability and analytical soundness of the comparable formula must 
be attached to this form.
    \2\For the purposes of 40 CFR part 112, public drinking water 
intakes are analogous to public water systems as described at 40 CFR 
143.2(c).
---------------------------------------------------------------------------

    Yes ______      No ______      
    5. Does the facility have a total oil storage capacity greater 
than or equal to 1 million gallons and has the facility experienced 
a reportable oil spill in an amount greater than or equal to 10,000 
gallons within the last 5 years?
    Yes ______      No ______      

Certification

    I certify under penalty of law that I have personally examined 
and am familiar with the information submitted in this document, and 
that based on my inquiry of those individuals responsible for 
obtaining this information, I believe that the submitted information 
is true, accurate, and complete.
----------------------------------------------------------------------
Signature

----------------------------------------------------------------------
Name (please type or print)

----------------------------------------------------------------------
Title

----------------------------------------------------------------------
Date

Attachment C-III--Calculation of the Planning Distance

1.0  Introduction

    1.1  The facility owner or operator must evaluate whether the 
facility is located at a distance such that a discharge from the 
facility could cause injury to fish and wildlife and sensitive 
environments or disrupt operations at a public drinking water 
intake. To quantify that distance, EPA considered oil transport 
mechanisms over land and on still, tidal influence, and moving 
navigable waters. EPA has determined that the primary concern for 
calculation of a planning distance is the transport of oil in 
navigable waters during adverse weather conditions. Therefore, two 
formulas have been developed to determine distances for planning 
purposes from the point of discharge at the facility to the 
potential site of impact on moving and still waters, respectively. 
The formula for oil transport on moving navigable water is based on 
the velocity of the water body and the time interval for arrival of 
response resources. The still water formula accounts for the spread 
of discharged oil over the surface of the water. The method to 
determine oil transport on tidal influence areas is based on the 
type of oil spilled and the distance down current during ebb tide 
and up current during flood tide to the point of maximum tidal 
influence.
    1.2  EPA's formulas were designed to be simple to use. However, 
facility owners or operators may calculate planning distances using 
more sophisticated formulas, which take into account broader 
scientific or engineering principles, or local conditions. Such 
comparable formulas may result in different planning distances than 
EPA's formulas. In the event that an alternative formula that is 
comparable to one contained in this appendix is used to evaluate the 
criterion in 40 CFR 112.20(f)(1)(ii)(B) or (f)(1)(ii)(C), the owner 
or operator shall attach documentation to the response plan cover 
sheet contained in Appendix F to this part that demonstrates the 
reliability and analytical soundness of the alternative formula and 
shall notify the Regional Administrator in writing that an 
alternative formula was used.\1\
---------------------------------------------------------------------------

    \1\For persistent oils or non-persistent oils, a worst case 
trajectory model (i.e., an alternative formula) may be substituted 
for the distance formulas described in still, moving, and tidal 
waters, subject to Regional Administrator's review of the model. An 
example of an alternative formula that is comparable to the one 
contained in this appendix would be a worst case trajectory 
calculation based on credible adverse winds, currents, and/or river 
stages, over a range of seasons, weather conditions, and river 
stages. Based on historical information or a spill trajectory model, 
the Agency may require that additional fish and wildlife and 
sensitive environments or public drinking water intakes also be 
protected.
---------------------------------------------------------------------------

    1.3  A regulated facility may meet the criteria for the 
potential to cause substantial harm to the environment without 
having to perform a planning distance calculation. For facilities 
that meet the substantial harm criteria because of inadequate 
secondary containment or oil spill history, as listed in the 
flowchart in Attachment C-I to this appendix, calculation of the 
planning distance is unnecessary. For facilities that do not meet 
the substantial harm criteria for secondary containment or oil spill 
history as listed in the flowchart, calculation of a planning 
distance for proximity to fish and wildlife and sensitive 
environments and public drinking water intakes is required, unless 
it is clear without performing the calculation (e.g., the facility 
is located in a wetland) that these areas would be impacted.
    1.4  A facility owner or operator who must perform a planning 
distance calculation on navigable water is only required to do so 
for the type of navigable water conditions (i.e., moving water, 
still water, or tidal- influenced water) applicable to the facility. 
If a facility owner or operator determines that more than one type 
of navigable water condition applies, then the facility owner or 
operator is required to perform a planning distance calculation for 
each navigable water type to determine the greatest single distance 
that oil may be transported. As a result, the final planning 
distance for oil transport on water shall be the greatest individual 
distance rather than a summation of each calculated planning 
distance.
    1.5  The planning distance formula for transport on moving 
waterways contains three variables: the velocity of the navigable 
water (v), the response time interval (t), and a conversion factor 
(c). The velocity, v, is determined by using the Chezy-Manning 
equation, which, in this case, models the flood flow rate of water 
in open channels. The Chezy-Manning equation contains three 
variables which must be determined by facility owners or operators. 
Manning's Roughness Coefficient (for flood flow rates), n, can be 
determined from Table 1 of this attachment. The hydraulic radius, r, 
can be estimated using the average mid-channel depth from charts 
provided by the sources listed in Table 2 of this attachment. The 
average slope of the river, s, can be determined using topographic 
maps that can be ordered from the U.S. Geological Survey, as listed 
in Table 2 of this attachment.
    1.6  Table 3 of this attachment contains specified time 
intervals for estimating the arrival of response resources at the 
scene of a discharge. Assuming no prior planning, response resources 
should be able to arrive at the discharge site within 12 hours of 
the discovery of any oil discharge in Higher Volume Port Areas and 
within 24 hours in Great Lakes and all other river, canal, inland, 
and nearshore areas. The specified time intervals in Table 3 of 
Appendix C are to be used only to aid in the identification of 
whether a facility could cause substantial harm to the environment. 
Once it is determined that a plan must be developed for the 
facility, the owner or operator shall reference Appendix E to this 
part to determine appropriate resource levels and response times. 
The specified time intervals of this appendix include a 3-hour time 
period for deployment of boom and other response equipment. The 
Regional Administrator may identify additional areas as appropriate.

2.0  Oil Transport on Moving Navigable Waters

    2.1  The facility owner or operator must use the following formula 
or a comparable formula as described in Sec. 112.20(a)(3) to calculate 
the planning distance for oil transport on moving navigable water:

d=v x t x c; where
d: the distance downstream from a facility within which fish and 
wildlife and sensitive environments could be injured or a public 
drinking water intake would be shut down in the event of an oil 
discharge (in miles);
v: the velocity of the river/navigable water of concern (in ft/sec) 
as determined by Chezy-Manning's equation (see below and Tables 1 
and 2 of this attachment);
t: the time interval specified in Table 3 based upon the type of 
water body and location (in hours); and
c: constant conversion factor 0.68 secmile/hrft 
(3600 sec/hr  5280 ft/mile).

    2.2 Chezy-Manning's equation is used to determine velocity:
v=1.5/n x r\2/3\ x s\1/2\; where
v=the velocity of the river of concern (in ft/sec);
n=Manning's Roughness Coefficient from Table 1 of this attachment;
r=the hydraulic radius; the hydraulic radius can be approximated for 
parabolic channels by multiplying the average mid-channel depth of 
the river (in feet) by 0.667 (sources for obtaining the mid-channel 
depth are listed in Table 2 of this attachment); and
s=the average slope of the river (unitless) obtained from U.S. 
Geological Survey topographic maps at the address listed in Table 2 
of this attachment.

      Table 1.--Manning's Roughness Coefficient for Natural Streams     
 [Note: Coefficients are presented for high flow rates at or near flood 
                                stage.]                                 
------------------------------------------------------------------------
                                                              Roughness 
                    Stream description                       coefficient
                                                                 (n)    
------------------------------------------------------------------------
             Minor Streams (Top Width <100 ft.)                         
Clean:                                                                  
  Straight.................................................        0.03 
  Winding..................................................         .04 
Sluggish (Weedy, deep pools):                                           
  No trees or brush........................................         .06 
  Trees and/or brush.......................................         .10 
             Major Streams (Top Width >100 ft.)                         
Regular section:                                                        
  (No boulders/brush)......................................        .035 
Irregular section:                                                      
  (Brush)..................................................        .05  
------------------------------------------------------------------------


      Table 2.--Sources of r and s for the Chezy-Manning Equation       
All of the charts and related publications for navigational waters may  
 be ordered from:                                                       
  Distribution Branch                                                   
  (N/CG33)                                                              
  National Ocean Service                                                
  Riverdale, Maryland 20737-1199                                        
  Phone: (301) 436-6990                                                 
  There will be a charge for materials ordered and a VISA or Mastercard 
   will be accepted.                                                    
The mid-channel depth to be used in the calculation of the hydraulic    
 radius (r) can be obtained directly from the following sources:        
  Charts of Canadian Coastal and Great Lakes Waters:                    
  Canadian Hydrographic Service                                         
  Department of Fisheries and Oceans Institute                          
  P.O. Box 8080                                                         
  1675 Russell Road                                                     
  Ottawa, Ontario KIG 3H6                                               
  Canada                                                                
  Phone: (613) 998-4931                                                 
                                                                        
  Charts and Maps of Lower Mississippi River                            
  (Gulf of Mexico to Ohio River and St. Francis, White, Big Sunflower,  
   Atchafalaya, and other rivers):                                      
  U.S. Army Corps of Engineers                                          
  Vicksburg District                                                    
  P.O. Box 60                                                           
  Vicksburg, Mississippi 39180                                          
  Phone: (601) 634-5000                                                 
                                                                        
  Charts of Upper Mississippi River and Illinois Waterway to Lake       
   Michigan:                                                            
  U.S. Army Corps of Engineers                                          
  Rock Island District                                                  
  P.O. Box 2004                                                         
  Rock Island, Illinois 61204                                           
  Phone: (309) 794-5552                                                 
                                                                        
  Charts of Missouri River:                                             
  U.S. Army Corps of Engineers                                          
  Omaha District                                                        
  6014 U.S. Post Office and Courthouse                                  
  Omaha, Nebraska 68102                                                 
  Phone: (402) 221-3900                                                 
                                                                        
  Charts of Ohio River:                                                 
  U.S. Army Corps of Engineers                                          
  Ohio River Division                                                   
  P.O. Box 1159                                                         
  Cincinnati, Ohio 45201                                                
  Phone: (513) 684-3002                                                 
                                                                        
  Charts of Tennessee Valley Authority Reservoirs, Tennessee River and  
   Tributaries:                                                         
  Tennessee Valley Authority                                            
  Maps and Engineering Section                                          
  416 Union Avenue                                                      
  Knoxville, Tennessee 37902                                            
  Phone: (615) 632-2921                                                 
                                                                        
  Charts of Black Warrior River, Alabama River, Tombigbee River,        
   Apalachicola River and Pearl River:                                  
  U.S. Army Corps of Engineers                                          
  Mobile District                                                       
  P.O. Box 2288                                                         
  Mobile, Alabama 36628-0001                                            
  Phone: (205) 690-2511                                                 
                                                                        
The average slope of the river (s) may be obtained from topographic     
 maps:                                                                  
  U.S. Geological Survey                                                
  Map Distribution                                                      
  Federal Center                                                        
  Bldg. 41                                                              
  Box 25286                                                             
  Denver, Colorado 80225                                                
                                                                        
Additional information can be obtained from the following sources:      
  1. The State's Department of Natural Resources (DNR) or the State's   
   Aids to Navigation office;                                           
  2. A knowledgeable local marina operator; or                          
  3. A knowledgeable local water authority (e.g., State water           
   commission)                                                          
                                                                        


    2.3  The average slope of the river (s) can be determined from 
the topographic maps using the following steps:
    (1) Locate the facility on the map.
    (2) Find the Normal Pool Elevation at the point of discharge 
from the facility into the water (A).
    (3) Find the Normal Pool Elevation of the public drinking water 
intake or fish and wildlife and sensitive environment located 
downstream (B) (Note: The owner or operator should use a minimum of 
20 miles downstream as a cutoff to obtain the average slope if the 
location of a specific public drinking water intake or fish and 
wildlife and sensitive environment is unknown).
    (4) If the Normal Pool Elevation is not available, the elevation 
contours can be used to find the slope. Determine elevation of the 
water at the point of discharge from the facility (A). Determine the 
elevation of the water at the appropriate distance downstream (B). 
The formula presented below can be used to calculate the slope.
    (5) Determine the distance (in miles) between the facility and 
the public drinking water intake or fish and wildlife and sensitive 
environments (C).
    (6) Use the following formula to find the slope, which will be a 
unitless value: Average Slope=[(A--B) (ft)/C (miles)]  x  [1 mile/
5280 feet]
    2.4  If it is not feasible to determine the slope and mid-
channel depth by the Chezy-Manning equation, then the river velocity 
can be approximated on- site. A specific length, such as 100 feet, 
can be marked off along the shoreline. A float can be dropped into 
the stream above the mark, and the time required for the float to 
travel the distance can be used to determine the velocity in feet 
per second. However, this method will not yield an average velocity 
for the length of the stream, but a velocity only for the specific 
location of measurement. In addition, the flow rate will vary 
depending on weather conditions such as wind and rainfall. It is 
recommended that facility owners or operators repeat the measurement 
under a variety of conditions to obtain the most accurate estimate 
of the surface water velocity under adverse weather conditions.
    2.5  The planning distance calculations for moving and still 
navigable waters are based on worst case discharges of persistent 
oils. Persistent oils are of concern because they can remain in the 
water for significant periods of time and can potentially exist in 
large quantities downstream. Owners or operators of facilities that 
store persistent as well as non-persistent oils may use a comparable 
formula. The volume of oil discharged is not included as part of the 
planning distance calculation for moving navigable waters. 
Facilities that will meet this substantial harm criterion are those 
with facility capacities greater than or equal to 1 million gallons. 
It is assumed that these facilities are capable of having an oil 
discharge of sufficient quantity to cause injury to fish and 
wildlife and sensitive environments or shut down a public drinking 
water intake. While owners or operators of transfer facilities that 
store greater than or equal to 42,000 gallons are not required to 
use a planning distance formula for purposes of the substantial harm 
criteria, they should use a planning distance calculation in the 
development of facility-specific response plans. 

                   Table 3.--Specified Time Intervals                   
------------------------------------------------------------------------
                                        Substantial harm planning time  
          Operating areas                           (hrs)               
------------------------------------------------------------------------
Higher volume port area............  12 hour arrival+3 hour             
                                      deployment=15 hours.              
Great Lakes........................  24 hour arrival+3 hour             
                                      deployment=27 hours.              
All other rivers and canals,         24 hour arrival+3 hour             
 inland, and nearshore areas.         deployment=27 hours.              
------------------------------------------------------------------------

    2.6  Example of the Planning Distance Calculation for Oil 
Transport on Moving Navigable Waters. The following example provides 
a sample calculation using the planning distance formula for a 
facility discharging oil into the Monongahela River:
    (1) Solve for v by evaluating n, r, and s for the Chezy-Manning 
equation:
    Find the roughness coefficient, n, on Table 1 of this attachment 
for a regular section of a major stream with a top width greater 
than 100 feet. The top width of the river can be found from the 
topographic map.

n=0.035.
Find slope, s, where A=727 feet, B=710 feet, and C=25 miles.

Solving:
s=[(727 ft--710 ft)/25 miles] x [1 mile/5280 feet]=1.3 x 10-4

    The average mid-channel depth is found by averaging the mid-
channel depth for each mile along the length of the river between 
the facility and the public drinking water intake or the fish or 
wildlife or sensitive environment (or 20 miles downstream if 
applicable). This value is multiplied by 0.667 to obtain the 
hydraulic radius. The mid-channel depth is found by obtaining values 
for r and s from the sources shown in Table 2 for the Monongahela 
River.

Solving:
r=0.667 x 20 feet=13.33 feet
Solve for v using:
v=1.5/n x r2/3 x s1/2:
v=[1.5/0.035] x (13.33)2/3 x (1.3 x 10-4)1/2
v=2.73 feet/second
    (2) Find t from Table 3 of this attachment. The Monongahela 
River's resource response time is 27 hours.
    (3) Solve for planning distance, d:

d=v x t x c
d=(2.73 ft/sec) x (27 hours) x (0.68 secmile/hrft)
d=50 miles

Therefore, 50 miles downstream is the appropriate planning distance 
for this facility.

3.0  Oil Transport on Still Water

    3.1  For bodies of water including lakes or ponds that do not 
have a measurable velocity, the spreading of the oil over the 
surface must be considered. Owners or operators of facilities 
located next to still water bodies may use a comparable means of 
calculating the planning distance. If a comparable formula is used, 
documentation of the reliability and analytical soundness of the 
comparable calculation must be attached to the response plan cover 
sheet.
    3.2  Example of the Planning Distance Calculation for Oil 
Transport on Still Water. To assist those facilities which could 
potentially discharge into a still body of water, the following 
analysis was performed to provide an example of the type of formula 
that may be used to calculate the planning distance. For this 
example, a worst case discharge of 2,000,000 gallons is used.
    (1) The surface area in square feet covered by an oil spill on 
still water, A1, can be determined by the following formula,\2\ 
where V is the volume of the spill in gallons and C is a constant 
conversion factor:

    \2\Huang, J.C. and Monastero, F.C., 1982. Review of the State-
of-the-Art of Oil Pollution Models. Final report submitted to the 
American Petroleum Institute by Raytheon Ocean Systems, Co., East 
Providence, Rhode Island.
---------------------------------------------------------------------------

A1=105 x V\3/4\ x C
C=0.1643
A1=105 x (2,000,000 gallons)\3/4\ x (0.1643)
A1=8.74 x 108 ft2
    (2) The spreading formula is based on the theoretical condition 
that the oil will spread uniformly in all directions forming a 
circle. In reality, the outfall of the discharge will direct the oil 
to the surface of the water where it intersects the shoreline. 
Although the oil will not spread uniformly in all directions, it is 
assumed that the discharge will spread from the shoreline into a 
semi-circle (this assumption does not account for winds or wave 
action).
    (3) The area of a circle=r2
    (4) To account for the assumption that oil will spread in a 
semi-circular shape, the area of a circle is divided by 2 and is 
designated as A2.

A2=(r2)/2
Solving for the radius, r, using the relationship A1=A2: 
8.74 x 108 ft2=(r2)/2
Therefore, r=23,586 ft
r=23,586 ft5,280 ft/mile=4.5 miles
Assuming a 20 knot wind under storm conditions:
1 knot=1.15 miles/hour
20 knots x 1.15 miles/hour/knot=23 miles/hr
Assuming that the oil slick moves at 3 percent of the wind's 
speed:\3\
---------------------------------------------------------------------------

    \3\Oil Spill Prevention & Control. National Spill Control 
School, Corpus Christi State University, Thirteenth Edition, May 
1990.
---------------------------------------------------------------------------

23 miles/hour x 0.03=0.69 miles/hour

    (5) To estimate the distance that the oil will travel, use the 
times required for response resources to arrive at different 
geographic locations as shown in Table 3 of this attachment.

For example:
For Higher Volume Port Areas: 15 hrs x 0.69 miles/hr=10.4 miles
For Great Lakes and all other areas: 27 hrs x 0.69 miles/hr=18.6 
miles
    (6) The total distance that the oil will travel from the point 
of discharge, including the distance due to spreading, is calculated 
as follows:

Higher Volume Port Areas: d=10.4+4.5 miles or approximately 15 miles
Great Lakes and all other areas: d=18.6+4.5 miles or approximately 
23 miles

4.0  Oil Transport on Tidal-Influence Areas

    4.1  The planning distance method for tidal influence navigable 
water is based on worst case discharges of persistent and non-
persistent oils. Persistent oils are of primary concern because they 
can potentially cause harm over a greater distance. For persistent 
oils discharged into tidal waters, the planning distance is 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.
    4.2  For non-persistent oils discharged into tidal waters, the 
planning distance is 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.
    4.3  Example of Determining the Planning Distance for Two Types 
of Navigable Water Conditions. Below is an example of how to 
determine the proper planning distance when a facility could impact 
two types of navigable water conditions: moving water and tidal 
water.
    (1) Facility X stores persistent oil and is located downstream 
from locks along a slow moving river which is affected by tides. The 
river velocity, v, is determined to be 0.5 feet/second from the 
Chezy-Manning equation used to calculate oil transport on moving 
navigable waters. The specified time interval, t, obtained from 
Table 3 of this attachment for river areas is 27 hours. Therefore, 
solving for the planning distance, d:

d=v x t x c
d=(0.5 ft/sec) x (27 hours) x (0.68 sec\mile/hr\ft)
d=9.18 miles.

    (2) However, the planning distance for maximum tidal influence 
down current during ebb tide is 15 miles, which is greater than the 
calculated 9.18 miles. Therefore, 15 miles downstream is the 
appropriate planning distance for this facility.

5.0  Oil Transport Over Land

    5.1  Facility owners or operators must evaluate the potential 
for oil to be transported over land to navigable waters of the 
United States. The owner or operator must evaluate the likelihood 
that portions of a worst case discharge would reach navigable waters 
via open channel flow or from sheet flow across the land, or be 
prevented from reaching navigable waters when trapped in natural or 
man-made depressions excluding secondary containment structures.
    5.2  As discharged oil travels over land, it may enter a storm 
drain or open concrete channel intended for drainage. It is assumed 
that once oil reaches such an inlet, it will flow into the receiving 
navigable water. During a storm event, it is highly probable that 
the oil will either flow into the drainage structures or follow the 
natural contours of the land and flow into the navigable water. 
Expected minimum and maximum velocities are provided as examples of 
open concrete channel and pipe flow. The ranges listed below reflect 
minimum and maximum velocities used as design criteria.\4\ The 
calculation below demonstrates that the time required for oil to 
travel through a storm drain or open concrete channel to navigable 
water is negligible and can be considered instantaneous. The 
velocities are:

    \4\The design velocities were obtained from Howard County, 
Maryland Department of Public Works' Storm Drainage Design Manual.
---------------------------------------------------------------------------

For open concrete channels:
maximum velocity=25 feet per second
minimum velocity=3 feet per second
For storm drains:
maximum velocity=25 feet per second
minimum velocity=2 feet per second

    5.3  Assuming a length of 0.5 mile from the point of discharge 
through an open concrete channel or concrete storm drain to a 
navigable water, the travel times (distance/velocity) are:

1.8 minutes at a velocity of 25 feet per second
14.7 minutes at a velocity of 3 feet per second
22.0 minutes for at a velocity of 2 feet per second

    5.4  The distances that shall be considered to determine the 
planning distance are illustrated in Figure C-I of this attachment. 
The relevant distances can be described as follows:

D1=Distance from the nearest opportunity for discharge, X1, to 
a storm drain or an open concrete channel leading to navigable 
water.
D2=Distance through the storm drain or open concrete channel to 
navigable water.
D3=Distance downstream from the outfall within which fish and 
wildlife and sensitive environments could be injured or a public 
drinking water intake would be shut down as determined by the 
planning distance formula.
D4=Distance from the nearest opportunity for discharge, X2, to 
fish and wildlife and sensitive environments not bordering navigable 
water.

    5.5  A facility owner or operator whose nearest opportunity for 
discharge is located within 0.5 mile of a navigable water must 
complete the planning distance calculation (D3) for the type of 
navigable water near the facility or use a comparable formula.
    5.6  A facility that is located at a distance greater than 0.5 
mile from a navigable water must also calculate a planning distance 
(D3) if it is in close proximity (i.e., D1 is less than 0.5 mile and 
other factors are conducive to oil travel over land) to storm drains 
that flow to navigable waters. Factors to be considered in assessing 
oil transport over land to storm drains shall include the topography 
of the surrounding area, drainage patterns, man-made barriers 
(excluding secondary containment structures), and soil distribution 
and porosity. Storm drains or concrete drainage channels that are 
located in close proximity to the facility can provide a direct 
pathway to navigable waters, regardless of the length of the 
drainage pipe. If D1 is less than or equal to 0.5 mile, a discharge 
from the facility could pose substantial harm because the time to 
travel the distance from the storm drain to the navigable water (D2) 
is virtually instantaneous.
    5.7  A facility's proximity to fish and wildlife and sensitive 
environments not bordering a navigable water, as depicted as D4 in 
Figure C-I of this attachment, must also be considered, regardless 
of the distance from the facility to navigable waters. Factors to be 
considered in assessing oil transport over land to fish and wildlife 
and sensitive environments should include the topography of the 
surrounding area, drainage patterns, man-made barriers (excluding 
secondary containment structures), and soil distribution and 
porosity.
    5.8  If a facility is not found to pose substantial harm to fish 
and wildlife and sensitive environments not bordering navigable 
waters via oil transport on land, then supporting documentation 
should be maintained at the facility. However, such documentation 
should be submitted with the response plan if a facility is found to 
pose substantial harm.

BILLING CODE 6560-50-P

TR01JY94.017


BILLING CODE 6560-50-C

Appendix D to Part 112--Determination of a Worst Case Discharge 
Planning Volume

1.0  Instructions

    1.1  An owner or operator is required to complete this worksheet 
if the facility meets the criteria, as presented in Appendix C to 
this part, or it is determined by the RA that the facility could 
cause substantial harm to the environment. The calculation of a 
worst case discharge planning volume is used for emergency planning 
purposes, and is required in 40 CFR 112.20 for facility owners or 
operators who must prepare a response plan. When planning for the 
amount of resources and equipment necessary to respond to the worst 
case discharge planning volume, adverse weather conditions must be 
taken into consideration. An owner or operator is required to 
determine the facility's worst case discharge planning volume from 
either Part A of this appendix for an onshore storage facility, or 
Part B of this appendix for an onshore production facility. The 
worksheet considers the provision of adequate secondary containment 
at a facility.
    1.2  For onshore storage facilities and production facilities, 
permanently manifolded oil storage tanks are defined as tanks that 
are designed, installed, and/or operated in such a manner that the 
multiple tanks function as one storage unit (i.e., multiple tank 
volumes are equalized). In a worst case discharge scenario, a single 
failure could cause the discharge of the contents of more than one 
tank. The owner or operator must provide evidence in the response 
plan that tanks with common piping or piping systems are not 
operated as one unit. If such evidence is provided and is acceptable 
to the RA, the worst case discharge planning volume would be based 
on the capacity of the largest oil storage tank within a common 
secondary containment area or the largest oil storage tank within a 
single secondary containment area, whichever is greater. For 
permanently manifolded tanks that function as one oil storage unit, 
the worst case discharge planning volume would be based on the 
combined oil storage capacity of all manifolded tanks or the 
capacity of the largest single oil storage tank within a secondary 
containment area, whichever is greater. For purposes of this rule, 
permanently manifolded tanks that are separated by internal 
divisions for each tank are considered to be single tanks and 
individual manifolded tank volumes are not combined.
    1.3  For production facilities, the presence of exploratory 
wells, production wells, and oil storage tanks must be considered in 
the calculation. Part B of this appendix takes these additional 
factors into consideration and provides steps for their inclusion in 
the total worst case discharge planning volume. Onshore oil 
production facilities may include all wells, flowlines, separation 
equipment, storage facilities, gathering lines, and auxiliary non-
transportation-related equipment and facilities in a single 
geographical oil or gas field operated by a single operator. 
Although a potential worst case discharge planning volume is 
calculated within each section of the worksheet, the final worst 
case amount depends on the risk parameter that results in the 
greatest volume.
    1.4  Marine transportation-related transfer facilities that 
contain fixed aboveground onshore structures used for bulk oil 
storage are jointly regulated by EPA and the U.S. Coast Guard 
(USCG), and are termed ``complexes.'' Because the USCG also requires 
response plans from transportation-related facilities to address a 
worst case discharge of oil, a separate calculation for the worst 
case discharge planning volume for USCG-related facilities is 
included in the USCG IFR (see Appendix E to this part, section 10, 
for availability). All complexes that are jointly regulated by EPA 
and the USCG must compare both calculations for worst case discharge 
planning volume derived by using the EPA and USCG methodologies and 
plan for whichever volume is greater.

PART A: WORST CASE DISCHARGE PLANNING VOLUME CALCULATION FOR ONSHORE 
STORAGE FACILITIES\1\
---------------------------------------------------------------------------

    \1\``Storage facilities'' represent all facilities subject to 
this part, excluding oil production facilities.
---------------------------------------------------------------------------

    Part A of this worksheet is to be completed by the owner or 
operator of an SPCC-regulated facility (excluding oil production 
facilities) if the facility meets the criteria as presented in 
Appendix C to this part, or if it is determined by the RA that the 
facility could cause substantial harm to the environment. If you are 
the owner or operator of a production facility, please proceed to 
Part B of this worksheet.

A.1  SINGLE-TANK FACILITIES

    For facilities containing only one aboveground oil storage tank, 
the worst case discharge planning volume equals the capacity of the 
oil storage tank. If adequate secondary containment (sufficiently 
large to contain the capacity of the aboveground oil storage tank 
plus sufficient freeboard to allow for precipitation) exists for the 
oil storage tank, multiply the capacity of the tank by 0.8.
    (1) FINAL WORST CASE VOLUME: ________ GAL
    (2) Do not proceed further.

A.2  SECONDARY CONTAINMENT--MULTIPLE-TANK FACILITIES

    Are all aboveground oil storage tanks or groups of aboveground 
oil storage tanks at the facility without adequate secondary 
containment?\2\

    \2\Secondary containment is defined in 40 CFR 112.7(e)(2). 
Acceptable methods and structures for containment are also given in 
40 CFR 112.7(c)(1).
---------------------------------------------------------------------------

________ (Y/N)

    A.2.1  If the answer is yes, the final worst case discharge 
planning volume equals the total aboveground oil storage capacity at 
the facility.
    (1) FINAL WORST CASE VOLUME: ________ GAL
    (2) Do not proceed further.
    A.2.2  If the answer is no, calculate the total aboveground oil 
storage capacity of tanks without adequate secondary containment. If 
all aboveground oil storage tanks or groups of aboveground oil 
storage tanks at the facility have adequate secondary containment, 
ENTER ``0'' (zero).

________ GAL

    A.2.3  Calculate the capacity of the largest single aboveground 
oil storage tank within an adequate secondary containment area or 
the combined capacity of a group of aboveground oil storage tanks 
permanently manifolded together, whichever is greater, PLUS THE 
VOLUME FROM QUESTION A2(b).
    FINAL WORST CASE VOLUME:\3\ ________ GAL
---------------------------------------------------------------------------

    \3\All complexes that are jointly regulated by EPA and the USCG 
must also calculate the worst case discharge planning volume for the 
transportation-related portions of the facility and plan for 
whichever volume is greater.
---------------------------------------------------------------------------

PART B: WORST CASE DISCHARGE PLANNING VOLUME CALCULATION FOR ONSHORE 
PRODUCTION FACILITIES

    Part B of this worksheet is to be completed by the owner or 
operator of an SPCC-regulated oil production facility if the 
facility meets the criteria presented in Appendix C to this part, or 
if it is determined by the RA that the facility could cause 
substantial harm. A production facility consists of all wells 
(producing and exploratory) and related equipment in a single 
geographical oil or gas field operated by a single operator.

B.1  SINGLE-TANK FACILITIES

    B.1.1  For facilities containing only one aboveground oil 
storage tank, the worst case discharge planning volume equals the 
capacity of the aboveground oil storage tank plus the production 
volume of the well with the highest output at the facility. If 
adequate secondary containment (sufficiently large to contain the 
capacity of the aboveground oil storage tank plus sufficient 
freeboard to allow for precipitation) exists for the storage tank, 
multiply the capacity of the tank by 0.8.
    B.1.2  For facilities with production wells producing by 
pumping, if the rate of the well with the highest output is known 
and the number of days the facility is unattended can be predicted, 
then the production volume is equal to the pumping rate of the well 
multiplied by the greatest number of days the facility is 
unattended.
    B.1.3  If the pumping rate of the well with the highest output 
is estimated or the maximum number of days the facility is 
unattended is estimated, then the production volume is determined 
from the pumping rate of the well multiplied by 1.5 times the 
greatest number of days that the facility has been or is expected to 
be unattended.
    B.1.4  Attachment D-1 to this appendix provides methods for 
calculating the production volume for exploratory wells and 
production wells producing under pressure.
    (1) FINAL WORST CASE VOLUME: ________ GAL
    (2) Do not proceed further.

B.2  SECONDARY CONTAINMENT--MULTIPLE-TANK FACILITIES

    Are all aboveground oil storage tanks or groups of aboveground 
oil storage tanks at the facility without adequate secondary 
containment?

______ (Y/N)

    B.2.1  If the answer is yes, the final worst case volume equals 
the total aboveground oil storage capacity without adequate 
secondary containment plus the production volume of the well with 
the highest output at the facility.
    (1) For facilities with production wells producing by pumping, 
if the rate of the well with the highest output is known and the 
number of days the facility is unattended can be predicted, then the 
production volume is equal to the pumping rate of the well 
multiplied by the greatest number of days the facility is 
unattended.
    (2) If the pumping rate of the well with the highest output is 
estimated or the maximum number of days the facility is unattended 
is estimated, then the production volume is determined from the 
pumping rate of the well multiplied by 1.5 times the greatest number 
of days that the facility has been or is expected to be unattended.
    (3) Attachment D-1 to this appendix provides methods for 
calculating the production volumes for exploratory wells and 
production wells producing under pressure.
    (A) FINAL WORST CASE VOLUME: ________ GAL
    (B) Do not proceed further.
    B.2.2  If the answer is no, calculate the total aboveground oil 
storage capacity of tanks without adequate secondary containment. If 
all aboveground oil storage tanks or groups of aboveground oil 
storage tanks at the facility have adequate secondary containment, 
ENTER ``0'' (zero).

________ GAL

    B.2.3  Calculate the capacity of the largest single aboveground 
oil storage tank within an adequate secondary containment area or 
the combined capacity of a group of aboveground oil storage tanks 
permanently manifolded together, whichever is greater, plus the 
production volume of the well with the highest output, PLUS THE 
VOLUME FROM QUESTION B2(b). Attachment D-1 provides methods for 
calculating the production volumes for exploratory wells and 
production wells producing under pressure.
    (1) FINAL WORST CASE VOLUME:\4\ ________ GAL
---------------------------------------------------------------------------

    \4\All complexes that are jointly regulated by EPA and the USCG 
must also calculate the worst case discharge planning volume for the 
transportation-related portions of the facility and plan for 
whichever volume is greater.
---------------------------------------------------------------------------

    (2) Do not proceed further.

Attachments to Appendix D

Attachment D-I--Methods to Calculate Production Volumes for Production 
Facilities With Exploratory Wells or Production Wells Producing Under 
Pressure

1.0  Introduction

    The owner or operator of a production facility with exploratory 
wells or production wells producing under pressure shall compare the 
well rate of the highest output well (rate of well), in barrels per 
day, to the ability of response equipment and personnel to recover 
the volume of oil that could be discharged (rate of recovery), in 
barrels per day. The result of this comparison will determine the 
method used to calculate the production volume for the production 
facility. This production volume is to be used to calculate the 
worst case discharge planning volume in Part B of this appendix.

2.0  Description of Methods

    2.1  Method A
    If the well rate would overwhelm the response efforts (i.e., 
rate of well/rate of recovery  1), then the production 
volume would be the 30-day forecasted well rate for a well 10,000 
feet deep or less, or the 45-day forecasted well rate for a well 
deeper than 10,000 feet.
    (1) For wells 10,000 feet deep or less:
Production volume=30 days  x  rate of well.
    (2) For wells deeper than 10,000 feet:
Production volume=45 days  x  rate of well.
    2.2  Method B
    2.2.1  If the rate of recovery would be greater than the well 
rate (i.e., rate of well/rate of recovery <1), then the production 
volume would equal the sum of two terms:

Production volume=discharge volume1 + discharge volume2

    2.2.2  The first term represents the volume of the oil 
discharged from the well between the time of the blowout and the 
time the response resources are on scene and recovering oil 
(discharge volume1).

Discharge volume1=(days unattended+days to respond)  x  (rate 
of well)

    2.2.3  The second term represents the volume of oil discharged 
from the well after the response resources begin operating until the 
spill is stopped, adjusted for the recovery rate of the response 
resources (discharge volume2).
    (1) For wells 10,000 feet deep or less:
Discharge volume2=[30 days--(days unattended + days to 
respond)]  x  (rate of well)  x  (rate of well/rate of recovery)
    (2) For wells deeper than 10,000 feet:
Discharge volume2=[45 days--(days unattended + days to 
respond)]  x  (rate of well)  x  (rate of well/rate of recovery)

3.0  Example

    3.1  A facility consists of two production wells producing under 
pressure, which are both less than 10,000 feet deep. The well rate 
of well A is 5 barrels per day, and the well rate of well B is 10 
barrels per day. The facility is unattended for a maximum of 7 days. 
The facility operator estimates that it will take 2 days to have 
response equipment and personnel on scene and responding to a 
blowout, and that the projected rate of recovery will be 20 barrels 
per day.
    (1) First, the facility operator determines that the highest 
output well is well B. The facility operator calculates the ratio of 
the rate of well to the rate of recovery:

10 barrels per day/20 barrels per day=0.5 Because the ratio is less 
than one, the facility operator will use Method B to calculate the 
production volume.
    (2) The first term of the equation is:

Discharge volume1=(7 days + 2 days)  x  (10 barrels per day)=90 
barrels

    (3) The second term of the equation is:

Discharge volume2=[30 days--(7 days + 2 days)]  x  (10 barrels 
per day)  x  (0.5)=105 barrels

    (4) Therefore, the production volume is:

Production volume=90 barrels + 105 barrels=195 barrels

    3.2  If the recovery rate was 5 barrels per day, the ratio of 
rate of well to rate of recovery would be 2, so the facility 
operator would use Method A. The production volume would have been:

30 days  x  10 barrels per day=300 barrels

Appendix E to Part 112--Determination and Evaluation of Required 
Response Resources for Facility Response Plans

1.0  Purpose and Definitions

    1.1  The purpose of this appendix is to describe the procedures 
to identify response resources to meet the requirements of 
Sec. 112.20. To identify response resources to meet the facility 
response plan requirements of 40 CFR 112.20(h), owners or operators 
shall follow this appendix or, where not appropriate, shall clearly 
demonstrate in the response plan why use of this appendix is not 
appropriate at the facility and make comparable arrangements for 
response resources.
    1.2  Definitions.
    1.2.1  Nearshore is an operating area defined as extending 
seaward 12 miles from the boundary lines defined in 46 CFR part 7, 
except in the Gulf of Mexico. In the Gulf of Mexico, it means the 
area extending 12 miles from the line of demarcation (COLREG lines) 
defined in 49 CFR 80.740 and 80.850.
    1.2.2  Non-persistent oils or Group 1 oils include:
    (1) A petroleum-based oil that, at the time of shipment, 
consists of hydrocarbon fractions:
    (A) At least 50 percent of which by volume, distill at a 
temperature of 340 degrees C (645 degrees F); and
    (B) At least 95 percent of which by volume, distill at a 
temperature of 370 degrees C (700 degrees F); and
    (2) A non-petroleum oil with a specific gravity less than 0.8.
    1.2.3  Non-petroleum oil is oil of any kind that is not 
petroleum-based. It includes, but is not limited to, animal and 
vegetable oils.
    1.2.4  Ocean means the nearshore area.
    1.2.5  Operating area means Rivers and Canals, Inland, 
Nearshore, and Great Lakes geographic location(s) in which a 
facility is handling, storing, or transporting oil.
    1.2.6  Operating environment means Rivers and Canals, Inland, 
Great Lakes, or Ocean. These terms are used to define the conditions 
in which response equipment is designed to function.
    1.2.7  Persistent oils include:
    (1) A petroleum-based oil that does not meet the distillation 
criteria for a non-persistent oil. Persistent oils are further 
classified based on specific gravity as follows:
    (A) Group 2--specific gravity less than 0.85;
    (B) Group 3--specific gravity equal to or greater than 0.85 and 
less than 0.95;
    (C) Group 4--specific gravity equal to or greater than 0.95 and 
less than 1.0; or
    (D) Group 5--specific gravity equal to or greater than 1.0.
    (2) A non-petroleum oil with a specific gravity of 0.8 or 
greater. These oils are further classified based on specific gravity 
as follows:
    (A) Group 2--specific gravity equal to or greater than 0.8 and 
less than 0.85;
    (B) Group 3--specific gravity equal to or greater than 0.85 and 
less than 0.95;
    (C) Group 4--specific gravity equal to or greater than 0.95 and 
less than 1.0; or
    (D) Group 5--specific gravity equal to or greater than 1.0.
    1.2.8  Other definitions are included in Sec. 112.2, section 1.2 
of Appendices C and E, and section 3.0 of Appendix F.

2.0  Equipment Operability and Readiness

    2.1  All equipment identified in a response plan must be 
designed to operate in the conditions expected in the facility's 
geographic area (i.e., operating environment). These conditions vary 
widely based on location and season. Therefore, it is difficult to 
identify a single stockpile of response equipment that will function 
effectively in each geographic location (i.e., operating area).
    2.2  Facilities handling, storing, or transporting oil in more 
than one operating environment as indicated in Table 1 of this 
appendix must identify equipment capable of successfully functioning 
in each operating environment.
    2.3  When identifying equipment for the response plan (based on 
the use of this appendix), a facility owner or operator must 
consider the inherent limitations of the operability of equipment 
components and response systems. The criteria in Table 1 of this 
appendix shall be used to evaluate the operability in a given 
environment. These criteria reflect the general conditions in 
certain operating environments.
    2.3.1  The Regional Administrator may require documentation that 
the boom identified in a facility response plan meets the criteria 
in Table 1 of this appendix. Absent acceptable documentation, the 
Regional Administrator may require that the boom be tested to 
demonstrate that it meets the criteria in Table 1 of this appendix. 
Testing must be in accordance with ASTM F 715, ASTM F 989, or other 
tests approved by EPA as deemed appropriate (see Appendix E to this 
part, section 10, for general availability of documents).
    2.4  Table 1 of this appendix lists criteria for oil recovery 
devices and boom. All other equipment necessary to sustain or 
support response operations in an operating environment must be 
designed to function in the same conditions. For example, boats that 
deploy or support skimmers or boom must be capable of being safely 
operated in the significant wave heights listed for the applicable 
operating environment.
    2.5  A facility owner or operator shall refer to the applicable 
Area Contingency Plan (ACP), where available, to determine if ice, 
debris, and weather-related visibility are significant factors to 
evaluate the operability of equipment. The ACP may also identify the 
average temperature ranges expected in the facility's operating 
area. All equipment identified in a response plan must be designed 
to operate within those conditions or ranges.
    2.6  This appendix provides information on response resource 
mobilization and response times. The distance of the facility from 
the storage location of the response resources must be used to 
determine whether the resources can arrive on-scene within the 
stated time. A facility owner or operator shall include the time for 
notification, mobilization, and travel of resources identified to 
meet the medium and Tier 1 worst case discharge requirements 
identified in section 4.3 of this appendix (for medium discharges) 
and section 5.3 of this appendix (for worst case discharges). The 
facility owner or operator must plan for notification and 
mobilization of Tier 2 and 3 response resources as necessary to meet 
the requirements for arrival on-scene in accordance with section 5.3 
of this appendix. An on-water speed of 5 knots and a land speed of 
35 miles per hour is assumed, unless the facility owner or operator 
can demonstrate otherwise.
    2.7  In identifying equipment, the facility owner or operator 
shall list the storage location, quantity, and manufacturer's make 
and model. For oil recovery devices, the effective daily recovery 
capacity, as determined using section 6 of this appendix, must be 
included. For boom, the overall boom height (draft and freeboard) 
shall be included. A facility owner or operator is responsible for 
ensuring that the identified boom has compatible connectors.

3.0  Determining Response Resources Required for Small Discharges

    3.1  A facility owner or operator shall identify sufficient 
response resources available, by contract or other approved means as 
described in Sec. 112.2, to respond to a small discharge. A small 
discharge is defined as any discharge volume less than or equal to 
2,100 gallons, but not to exceed the calculated worst case 
discharge. The equipment must be designed to function in the 
operating environment at the point of expected use.
    3.2  Complexes that are regulated by EPA and the USCG must also 
consider planning quantities for the transportation-related transfer 
portion of the facility. The USCG planning level that corresponds to 
EPA's ``small discharge'' is termed ``the average most probable 
discharge.'' The USCG revisions to 33 CFR part 154 define ``the 
average most probable discharge'' as a discharge of 50 barrels 
(2,100 gallons). Owners or operators of complexes must compare oil 
spill volumes for a small discharge and an average most probable 
discharge and plan for whichever quantity is greater.
    3.3  The response resources shall, as appropriate, include:
    3.3.1  One thousand feet of containment boom (or, for complexes 
with marine transfer components, 1,000 feet of containment boom or 
two times the length of the largest vessel that regularly conducts 
oil transfers to or from the facility, whichever is greater), and a 
means of deploying it within 1 hour of the discovery of a spill;
    3.3.2  Oil recovery devices with an effective daily recovery 
capacity equal to the amount of oil discharged in a small discharge 
or greater which is available at the facility within 2 hours of the 
detection of an oil discharge; and
    3.3.3  Oil storage capacity for recovered oily material 
indicated in section 9.2 of this appendix.

4.0  Determining Response Resources Required for Medium Discharges

    4.1  A facility owner or operator shall identify sufficient 
response resources available, by contract or other approved means as 
described in Sec. 112.2, to respond to a medium discharge of oil for 
that facility. This will require response resources capable of 
containing and collecting up to 36,000 gallons of oil or 10 percent 
of the worst case discharge, whichever is less. All equipment 
identified must be designed to operate in the applicable operating 
environment specified in Table 1 of this appendix.
    4.2  Complexes that are regulated by EPA and the USCG must also 
consider planning quantities for the transportation-related transfer 
portion of the facility. The USCG planning level that corresponds to 
EPA's ``medium discharge'' is termed ``the maximum most probable 
discharge.'' The USCG revisions to 33 CFR part 154 define ``the 
maximum most probable discharge'' as a discharge of 1,200 barrels 
(50,400 gallons) or 10 percent of the worst case discharge, 
whichever is less. Owners or operators of complexes must compare 
spill volumes for a medium discharge and a maximum most probable 
discharge and plan for whichever quantity is greater.
    4.3  Oil recovery devices identified to meet the applicable 
medium discharge volume planning criteria must be located such that 
they are capable of arriving on-scene within 6 hours in higher 
volume port areas and the Great Lakes and within 12 hours in all 
other areas. Higher volume port areas and Great Lakes areas are 
defined in section 1.2 of Appendix C to this part.
    4.4  Because rapid control, containment, and removal of oil are 
critical to reduce spill impact, the owner or operator must 
determine response resources using an effective daily recovery 
capacity for oil recovery devices equal to 50 percent of the 
planning volume applicable for the facility as determined in section 
4.1 of this appendix. The effective daily recovery capacity for oil 
recovery devices identified in the plan must be determined using the 
criteria in section 6 of this appendix.
    4.5  In addition to oil recovery capacity, the plan shall, as 
appropriate, identify sufficient quantity of containment boom 
available, by contract or other approved means as described in 
Sec. 112.2, to arrive within the required response times for oil 
collection and containment and for protection of fish and wildlife 
and sensitive environments. For further description of fish and 
wildlife and sensitive environments, see Appendices I, II, and III 
to DOC/NOAA's ``Guidance for Facility and Vessel Response Plans: 
Fish and Wildlife and Sensitive Environments'' (see Appendix E to 
this part, section 10, for availability) and the applicable ACP. 
While the regulation does not set required quantities of boom for 
oil collection and containment, the response plan shall identify and 
ensure, by contract or other approved means as described in 
Sec. 112.2, the availability of the quantity of boom identified in 
the plan for this purpose.
    4.6  The plan must indicate the availability of temporary 
storage capacity to meet section 9.2 of this appendix. If available 
storage capacity is insufficient to meet this level, then the 
effective daily recovery capacity must be derated (downgraded) to 
the limits of the available storage capacity.
    4.7  The following is an example of a medium discharge volume 
planning calculation for equipment identification in a higher volume 
port area: The facility's largest aboveground storage tank volume is 
840,000 gallons. Ten percent of this capacity is 84,000 gallons. 
Because 10 percent of the facility's largest tank, or 84,000 
gallons, is greater than 36,000 gallons, 36,000 gallons is used as 
the planning volume. The effective daily recovery capacity is 50 
percent of the planning volume, or 18,000 gallons per day. The 
ability of oil recovery devices to meet this capacity must be 
calculated using the procedures in section 6 of this appendix. 
Temporary storage capacity available on-scene must equal twice the 
daily recovery capacity as indicated in section 9.2 of this 
appendix, or 36,000 gallons per day. This is the information the 
facility owner or operator must use to identify and ensure the 
availability of the required response resources, by contract or 
other approved means as described in Sec. 112.2. The facility owner 
shall also identify how much boom is available for use.

5.0  Determining Response Resources Required for the Worst Case 
Discharge to the Maximum Extent Practicable

    5.1  A facility owner or operator shall identify and ensure the 
availability of, by contract or other approved means as described in 
Sec. 112.2, sufficient response resources to respond to the worst 
case discharge of oil to the maximum extent practicable. Section 7 
of this appendix describes the method to determine the necessary 
response resources. A worksheet is provided as Attachment E-1 at the 
end of this appendix to simplify the procedures involved in 
calculating the planning volume for response resources for the worst 
case discharge.
    5.2  Complexes that are regulated by EPA and the USCG must also 
consider planning for the worst case discharge at the 
transportation-related portion of the facility. The USCG requires 
that transportation-related facility owners or operators use a 
different calculation for the worst case discharge in the revisions 
to 33 CFR part 154. Owners or operators of complex facilities that 
are regulated by EPA and the USCG must compare both calculations of 
worst case discharge derived by EPA and the USCG and plan for 
whichever volume is greater.
    5.3  Oil spill response resources identified in the response 
plan and available, by contract or other approved means as described 
in Sec. 112.2, to meet the applicable worst case discharge planning 
volume must be located such that they are capable of arriving at the 
scene of a discharge within the times specified for the applicable 
response tier listed below:

------------------------------------------------------------------------
                                   Tier 1        Tier 2        Tier 3   
------------------------------------------------------------------------
Higher volume port areas......  6 hrs.......  30 hrs......  54 hrs      
Great Lakes...................  12 hrs......  36 hrs......  60 hrs      
All other river and canal,      12 hrs......  36 hrs......  60 hrs      
 inland, and nearshore areas.                                           
------------------------------------------------------------------------

The three levels of response tiers apply to the amount of time in 
which facility owners or operators must plan for response resources 
to arrive at the scene of a spill to respond to the worst case 
discharge planning volume. For example, at a worst case discharge in 
an inland area, the first tier of response resources (i.e., that 
amount of on-water and shoreline cleanup capacity necessary to 
respond to the fraction of the worst case discharge as indicated 
through the series of steps described in sections 7.2 and 7.3 of 
this appendix) would arrive at the scene of the discharge within 12 
hours; the second tier of response resources would arrive within 36 
hours; and the third tier of response resources would arrive within 
60 hours.
    5.4  The effective daily recovery capacity for oil recovery 
devices identified in the response plan must be determined using the 
criteria in section 6 of this appendix. A facility owner or operator 
shall identify the storage locations of all response resources used 
for each tier. The owner or operator of a facility whose required 
daily recovery capacity exceeds the applicable contracting caps in 
Table 5 of this appendix shall, as appropriate, identify sources of 
additional equipment, their location, and the arrangements made to 
obtain this equipment during a response. The owner or operator of a 
facility whose calculated planning volume exceeds the applicable 
contracting caps in Table 5 of this appendix shall, as appropriate, 
identify sources of additional equipment equal to twice the cap 
listed in Tier 3 or the amount necessary to reach the calculated 
planning volume, whichever is lower. The resources identified above 
the cap shall be capable of arriving on-scene not later than the 
Tier 3 response times in section 5.3 of this appendix. No contract 
is required. While general listings of available response equipment 
may be used to identify additional sources (i.e., ``public'' 
resources vs. ``private'' resources), the response plan shall 
identify the specific sources, locations, and quantities of 
equipment that a facility owner or operator has considered in his or 
her planning. When listing USCG-classified oil spill removal 
organization(s) that have sufficient removal capacity to recover the 
volume above the response capacity cap for the specific facility, as 
specified in Table 5 of this appendix, it is not necessary to list 
specific quantities of equipment.
    5.5  A facility owner or operator shall identify the 
availability of temporary storage capacity to meet section 9.2 of 
this appendix. If available storage capacity is insufficient, then 
the effective daily recovery capacity must be derated (downgraded) 
to the limits of the available storage capacity.
    5.6  When selecting response resources necessary to meet the 
response plan requirements, the facility owner or operator shall, as 
appropriate, ensure that a portion of those resources is capable of 
being used in close-to-shore response activities in shallow water. 
For any EPA-regulated facility that is required to plan for response 
in shallow water, at least 20 percent of the on-water response 
equipment identified for the applicable operating area shall, as 
appropriate, be capable of operating in water of 6 feet or less 
depth.
    5.7  In addition to oil spill recovery devices, a facility owner 
or operator shall identify sufficient quantities of boom that are 
available, by contract or other approved means as described in 
Sec. 112.2, to arrive on-scene within the specified response times 
for oil containment and collection. The specific quantity of boom 
required for collection and containment will depend on the facility-
specific information and response strategies employed. A facility 
owner or operator shall, as appropriate, also identify sufficient 
quantities of oil containment boom to protect fish and wildlife and 
sensitive environments. For further description of fish and wildlife 
and sensitive environments, see Appendices I, II, and III to DOC/
NOAA's ``Guidance for Facility and Vessel Response Plans: Fish and 
Wildlife and Sensitive Environments'' (see Appendix E to this part, 
section 10, for availability), and the applicable ACP. Refer to this 
guidance document for the number of days and geographic areas (i.e., 
operating environments) specified in Table 2 of this appendix.
    5.8  A facility owner or operator shall also identify, by 
contract or other approved means as described in Sec. 112.2, the 
availability of an oil spill removal organization(s) (as described 
in Sec. 112.2) capable of responding to a shoreline cleanup 
operation involving the calculated volume of oil and emulsified oil 
that might impact the affected shoreline. The volume of oil that 
shall, as appropriate, be planned for is calculated through the 
application of factors contained in Tables 2 and 3 of this appendix. 
The volume calculated from these tables is intended to assist the 
facility owner or operator to identify an oil spill removal 
organization with sufficient resources and expertise.

6.0  Determining Effective Daily Recovery Capacity for Oil Recovery 
Devices

    6.1  Oil recovery devices identified by a facility owner or 
operator must be identified by the manufacturer, model, and 
effective daily recovery capacity. These capacities must be used to 
determine whether there is sufficient capacity to meet the 
applicable planning criteria for a small discharge, a medium 
discharge, and a worst case discharge to the maximum extent 
practicable.
    6.2  To determine the effective daily recovery capacity of oil 
recovery devices, the formula listed in section 6.2.1 of this 
appendix shall be used. This formula considers potential limitations 
due to available daylight, weather, sea state, and percentage of 
emulsified oil in the recovered material. The RA may assign a lower 
efficiency factor to equipment listed in a response plan if it is 
determined that such a reduction is warranted.
    6.2.1  The following formula shall be used to calculate the 
effective daily recovery capacity:

R = T  x  24 hours  x  E

where:

R--Effective daily recovery capacity;
T--Throughput rate in barrels per hour (nameplate capacity); and
E--20 percent efficiency factor (or lower factor as determined by 
the Regional Administrator).

    6.2.2  For those devices in which the pump limits the throughput 
of liquid, throughput rate shall be calculated using the pump 
capacity.
    6.2.3  For belt or moptype devices, the throughput rate shall be 
calculated using the speed of the belt or mop through the device, 
assumed thickness of oil adhering to or collected by the device, and 
surface area of the belt or mop. For purposes of this calculation, 
the assumed thickness of oil will be \1/4\ inch.
    6.2.4  Facility owners or operators that include oil recovery 
devices whose throughput is not measurable using a pump capacity or 
belt/mop speed may provide information to support an alternative 
method of calculation. This information must be submitted following 
the procedures in section 6.3.2 of this appendix.
    6.3  As an alternative to section 6.2 of this appendix, a 
facility owner or operator may submit adequate evidence that a 
different effective daily recovery capacity should be applied for a 
specific oil recovery device. Adequate evidence is actual verified 
performance data in spill conditions or tests using American Society 
of Testing and Materials (ASTM) Standard F 631-80, F 808-83 (1988), 
or an equivalent test approved by EPA as deemed appropriate (see 
Appendix E to this part, section 10, for general availability of 
documents).
    6.3.1  The following formula must be used to calculate the 
effective daily recovery capacity under this alternative:

R = D  x  U

where:

R--Effective daily recovery capacity;
D--Average Oil Recovery Rate in barrels per hour (Item 26 in F 808-
83; Item 13.1.15 in F 631-80; or actual performance data); and
U--Hours per day that equipment can operate under spill conditions. 
Ten hours per day must be used unless a facility owner or operator 
can demonstrate that the recovery operation can be sustained for 
longer periods.

    6.3.2  A facility owner or operator submitting a response plan 
shall provide data that supports the effective daily recovery 
capacities for the oil recovery devices listed. The following is an 
example of these calculations:
    (1) A weir skimmer identified in a response plan has a 
manufacturer's rated throughput at the pump of 267 gallons per 
minute (gpm).

267 gpm=381 barrels per hour (bph)
R=381 bph x 24 hr/day x 0.2=1,829 barrels per day

    (2) After testing using ASTM procedures, the skimmer's oil 
recovery rate is determined to be 220 gpm. The facility owner or 
operator identifies sufficient resources available to support 
operations for 12 hours per day.

220 gpm=314 bph
R=314 bph x 12 hr/day=3,768 barrels per day

    (3) The facility owner or operator will be able to use the 
higher capacity if sufficient temporary oil storage capacity is 
available. Determination of alternative efficiency factors under 
section 6.2 of this appendix or the acceptability of an alternative 
effective daily recovery capacity under section 6.3 of this appendix 
will be made by the Regional Administrator as deemed appropriate.

7.0  Calculating Planning Volumes for a Worst Case Discharge

    7.1  A facility owner or operator shall plan for a response to 
the facility's worst case discharge. The planning for on-water oil 
recovery must take into account a loss of some oil to the 
environment due to evaporative and natural dissipation, potential 
increases in volume due to emulsification, and the potential for 
deposition of oil on the shoreline. The procedures for non-petroleum 
oils are discussed in section 7.7 of this appendix.
    7.2  The following procedures must be used by a facility owner 
or operator in determining the required on-water oil recovery 
capacity:
    7.2.1  The following must be determined: the worst case 
discharge volume of oil in the facility; the appropriate group(s) 
for the types of oil handled, stored, or transported at the facility 
[persistent (Groups 2, 3, 4, 5) or non-persistent (Group 1)]; and 
the facility's specific operating area. See sections 1.2.2 and 1.2.7 
of this appendix for the definitions of non-persistent and 
persistent oils, respectively. Facilities that handle, store, or 
transport oil from different oil groups must calculate each group 
separately, unless the oil group constitutes 10 percent or less by 
volume of the facility's total oil storage capacity. This 
information is to be used with Table 2 of this appendix to determine 
the percentages of the total volume to be used for removal capacity 
planning. Table 2 of this appendix divides the volume into three 
categories: oil lost to the environment; oil deposited on the 
shoreline; and oil available for on-water recovery.
    7.2.2  The on-water oil recovery volume shall, as appropriate, 
be adjusted using the appropriate emulsification factor found in 
Table 3 of this appendix. Facilities that handle, store, or 
transport oil from different petroleum groups must compare the on-
water recovery volume for each oil group (unless the oil group 
constitutes 10 percent or less by volume of the facility's total 
storage capacity) and use the calculation that results in the 
largest on-water oil recovery volume to plan for the amount of 
response resources for a worst case discharge.
    7.2.3  The adjusted volume is multiplied by the on-water oil 
recovery resource mobilization factor found in Table 4 of this 
appendix from the appropriate operating area and response tier to 
determine the total on-water oil recovery capacity in barrels per 
day that must be identified or contracted to arrive on-scene within 
the applicable time for each response tier. Three tiers are 
specified. For higher volume port areas, the contracted tiers of 
resources must be located such that they are capable of arriving on-
scene within 6 hours for Tier 1, 30 hours for Tier 2, and 54 hours 
for Tier 3 of the discovery of an oil discharge. For all other 
rivers and canals, inland, nearshore areas, and the Great Lakes, 
these tiers are 12, 36, and 60 hours.
    7.2.4  The resulting on-water oil recovery capacity in barrels 
per day for each tier is used to identify response resources 
necessary to sustain operations in the applicable operating area. 
The equipment shall be capable of sustaining operations for the time 
period specified in Table 2 of this appendix. The facility owner or 
operator shall identify and ensure the availability, by contract or 
other approved means as described in Sec. 112.2, of sufficient oil 
spill recovery devices to provide the effective daily oil recovery 
capacity required. If the required capacity exceeds the applicable 
cap specified in Table 5 of this appendix, then a facility owner or 
operator shall ensure, by contract or other approved means as 
described in Sec. 112.2, only for the quantity of resources required 
to meet the cap, but shall identify sources of additional resources 
as indicated in section 5.4 of this appendix. The owner or operator 
of a facility whose planning volume exceeded the cap in 1993 must 
make arrangements to identify and ensure the availability, by 
contract or other approved means as described in Sec. 112.2, for 
additional capacity to be under contract by 1998 or 2003, as 
appropriate. For a facility that handles multiple groups of oil, the 
required effective daily recovery capacity for each oil group is 
calculated before applying the cap. The oil group calculation 
resulting in the largest on-water recovery volume must be used to 
plan for the amount of response resources for a worst case 
discharge, unless the oil group comprises 10 percent or less by 
volume of the facility's total oil storage capacity.
    7.3  The procedures discussed in sections 7.3.1-7.3.3 of this 
appendix must be used to calculate the planning volume for 
identifying shoreline cleanup capacity (for Groups 1 through Group 4 
oils).
    7.3.1  The following must be determined: the worst case 
discharge volume of oil for the facility; the appropriate group(s) 
for the types of oil handled, stored, or transported at the facility 
[persistent (Groups 2, 3, or 4) or non-persistent (Group 1)]; and 
the geographic area(s) in which the facility operates (i.e., 
operating areas). For a facility handling, storing, or transporting 
oil from different groups, each group must be calculated separately. 
Using this information, Table 2 of this appendix must be used to 
determine the percentages of the total volume to be used for 
shoreline cleanup resource planning.
    7.3.2  The shoreline cleanup planning volume must be adjusted to 
reflect an emulsification factor using the same procedure as 
described in section 7.2.2 of this appendix.
    7.3.3  The resulting volume shall be used to identify an oil 
spill removal organization with the appropriate shoreline cleanup 
capability.
    7.4  A response plan must identify response resources with fire 
fighting capability. The owner or operator of a facility for a 
facility that handles, stores, or transports Group 1 through Group 4 
oils that does not have adequate fire fighting resources located at 
the facility or that cannot rely on sufficient local fire fighting 
resources must identify adequate fire fighting resources. It is 
recommended that the facility owner or operator ensure, by contract 
or other approved means as described in Sec. 112.2, the availability 
of these resources. The response plan must also identify an 
individual located at the facility to work with the fire department 
for Group 1 through Group 4 oil fires. This individual shall also 
verify that sufficient well-trained fire fighting resources are 
available within a reasonable response time to a worst case 
scenario. The individual may be the qualified individual identified 
in the response plan or another appropriate individual located at 
the facility.
    7.5  The following is an example of the procedure described 
above in sections 7.2 and 7.3 of this appendix: A facility with a 
270,000 barrel (11.3 million gallons) capacity for #6 oil (specific 
gravity 0.96) is located in a higher volume port area. The facility 
is on a peninsula and has docks on both the ocean and bay sides. The 
facility has four aboveground oil storage tanks with a combined 
total capacity of 80,000 barrels (3.36 million gallons) and no 
secondary containment. The remaining facility tanks are inside 
secondary containment structures. The largest aboveground oil 
storage tank (90,000 barrels or 3.78 million gallons) has its own 
secondary containment. Two 50,000 barrel (2.1 million gallon) tanks 
(that are not connected by a manifold) are within a common secondary 
containment tank area, which is capable of holding 100,000 barrels 
(4.2 million gallons) plus sufficient freeboard.
    7.5.1  The worst case discharge for the facility is calculated 
by adding the capacity of all aboveground oil storage tanks without 
secondary containment (80,000 barrels) plus the capacity of the 
largest aboveground oil storage tank inside secondary containment. 
The resulting worst case discharge volume is 170,000 barrels or 7.14 
million gallons.
    7.5.2  Because the requirements for Tiers 1, 2, and 3 for inland 
and nearshore exceed the caps identified in Table 5 of this 
appendix, the facility owner will contract for a response to 10,000 
barrels per day (bpd) for Tier 1, 20,000 bpd for Tier 2, and 40,000 
bpd for Tier 3. Resources for the remaining 7,850 bpd for Tier 1, 
9,750 bpd for Tier 2, and 7,600 bpd for Tier 3 shall be identified 
but need not be contracted for in advance. The facility owner or 
operator shall, as appropriate, also identify or contract for 
quantities of boom identified in their response plan for the 
protection of fish and wildlife and sensitive environments within 
the area potentially impacted by a worst case discharge from the 
facility. For further description of fish and wildlife and sensitive 
environments, see Appendices I, II, and III to DOC/NOAA's ``Guidance 
for Facility and Vessel Response Plans: Fish and Wildlife and 
Sensitive Environments,'' (see Appendix E to this part, section 10, 
for availability) and the applicable ACP. Attachment C-III to 
Appendix C provides a method for calculating a planning distance to 
fish and wildlife and sensitive environments and public drinking 
water intakes that may be impacted in the event of a worst case 
discharge.
    7.6  The procedures discussed in sections 7.6.1--7.6.3 of this 
appendix must be used to determine appropriate response resources 
for facilities with Group 5 oils.
    7.6.1  The owner or operator of a facility that handles, stores, 
or transports Group 5 oils shall, as appropriate, identify the 
response resources available by contract or other approved means, as 
described in Sec. 112.2. The equipment identified in a response plan 
shall, as appropriate, include:
    (1) Sonar, sampling equipment, or other methods for locating the 
oil on the bottom or suspended in the water column;
    (2) Containment boom, sorbent boom, silt curtains, or other 
methods for containing the oil that may remain floating on the 
surface or to reduce spreading on the bottom;
    (3) Dredges, pumps, or other equipment necessary to recover oil 
from the bottom and shoreline;
    (4) Equipment necessary to assess the impact of such discharges; 
and
    (5) Other appropriate equipment necessary to respond to a 
discharge involving the type of oil handled, stored, or transported.
    7.6.2  Response resources identified in a response plan for a 
facility that handles, stores, or transports Group 5 oils under 
section 7.6.1 of this appendix shall be capable of being deployed 
(on site) within 24 hours of discovery of a discharge to the area 
where the facility is operating.
    7.6.3  A response plan must identify response resources with 
fire fighting capability. The owner or operator of a facility that 
handles, stores, or transports Group 5 oils that does not have 
adequate fire fighting resources located at the facility or that 
cannot rely on sufficient local fire fighting resources must 
identify adequate fire fighting resources. It is recommended that 
the owner or operator ensure, by contract or other approved means as 
described in Sec. 112.2, the availability of these resources. The 
response plan shall also identify an individual located at the 
facility to work with the fire department for Group 5 oil fires. 
This individual shall also verify that sufficient well-trained fire 
fighting resources are available within a reasonable response time 
to respond to a worst case discharge. The individual may be the 
qualified individual identified in the response plan or another 
appropriate individual located at the facility.
    7.7  The procedures described in sections 7.7.1-7.7.5 of this 
appendix must be used to determine appropriate response plan 
development and evaluation criteria for facilities that handle, 
store, or transport non-petroleum oils. Refer to section 8 of this 
appendix for information on the limitations on the use of 
dispersants for inland and nearshore areas.
    7.7.1  An owner or operator of a facility that handles, stores, 
or transports non-petroleum oil must provide information in his or 
her plan that identifies:
    (1) Procedures and strategies for responding to a worst case 
discharge of non-petroleum oils to the maximum extent practicable; 
and
    (2) Sources of the equipment and supplies necessary to locate, 
recover, and mitigate such a discharge.
    7.7.2  An owner or operator of a facility that handles, stores, 
or transports non-petroleum oil must ensure that any equipment 
identified in a response plan is capable of operating in the 
conditions expected in the geographic area(s) (i.e., operating 
environments) in which the facility operates using the criteria in 
Table 1 of this appendix. When evaluating the operability of 
equipment, the facility owner or operator must consider limitations 
that are identified in the appropriate ACPs, including:
    (1) Ice conditions;
    (2) Debris;
    (3) Temperature ranges; and
    (4) Weather-related visibility.
    7.7.3  The owner or operator of a facility that handles, stores, 
or transports non-petroleum oil must identify the response resources 
that are available by contract or other approved means, as described 
in Sec. 112.2. The equipment described in the response plan shall, 
as appropriate, include:
    (1) Containment boom, sorbent boom, or other methods for 
containing oil floating on the surface or to protect shorelines from 
impact;
    (2) Oil recovery devices appropriate for the type of non-
petroleum oil carried; and
    (3) Other appropriate equipment necessary to respond to a 
discharge involving the type of oil carried.
    7.7.4  Response resources identified in a response plan 
according to section 7.7.3 of this appendix must be capable of 
commencing an effective on-scene response within the applicable tier 
response times in section 5.3 of this appendix.
    7.7.5  A response plan must identify response resources with 
fire fighting capability. The owner or operator of a facility that 
handles, stores, or transports non-petroleum oils that does not have 
adequate fire fighting resources located at the facility or that 
cannot rely on sufficient local fire fighting resources must 
identify adequate fire fighting resources. It is recommended that 
the owner or operator ensure, by contract or other approved means as 
described in Sec. 112.2, the availability of these resources. The 
response plan must also identify an individual located at the 
facility to work with the fire department for non-petroleum fires. 
This individual shall also verify that sufficient well-trained fire 
fighting resources are available within a reasonable response time 
to a worst case scenario. The individual may be the qualified 
individual identified in the response plan or another appropriate 
individual located at the facility.

8.0  Determining the Availability of Alternative Response Methods

    8.1  For dispersants to be identified in a response plan, they 
must be on the NCP Product Schedule that is maintained by EPA. (Some 
States have a list of approved dispersants for use within State 
waters. These State-approved dispersants are listed on the NCP 
Product Schedule.)
    8.2  Identification of dispersant application in the plan does 
not imply that the use of this technique will be authorized. Actual 
authorization for use during a spill response will be governed by 
the provisions of the NCP and the applicable ACP. To date, 
dispersant application has not been approved by ACPs for inland 
areas or shallow nearshore areas.

9.0  Additional Equipment Necessary to Sustain Response Operations

    9.1  A facility owner or operator shall, as appropriate, ensure 
that sufficient numbers of trained personnel and boats, aerial 
spotting aircraft, containment boom, sorbent materials, boom 
anchoring materials, and other supplies are available to sustain 
response operations to completion. All such equipment must be 
suitable for use with the primary equipment identified in the 
response plan. A facility owner or operator is not required to list 
these resources, but shall certify their availability.
    9.2  A facility owner or operator shall evaluate the 
availability of adequate temporary storage capacity to sustain the 
effective daily recovery capacities from equipment identified in the 
plan. Because of the inefficiencies of oil spill recovery devices, 
response plans must identify daily storage capacity equivalent to 
twice the effective daily recovery capacity required on-scene. This 
temporary storage capacity may be reduced if a facility owner or 
operator can demonstrate by waste stream analysis that the 
efficiencies of the oil recovery devices, ability to decant waste, 
or the availability of alternative temporary storage or disposal 
locations will reduce the overall volume of oily material storage 
requirement.
    9.3  A facility owner or operator shall ensure that his or her 
planning includes the capability to arrange for disposal of 
recovered oil products. Specific disposal procedures will be 
addressed in the applicable ACP.

10.0  References and Availability

    10.1  All materials listed in this section are part of EPA's 
rulemaking docket, and are located in the Superfund Docket, Room 
M2615, at the U.S. Environmental Protection Agency, 401 M Street, 
SW., Washington, DC 20460 (Docket Number SPCC-2P). The docket is 
available for inspection between 9:00 a.m. and 4:00 p.m., Monday 
through Friday, excluding Federal holidays. Appointments to review 
the docket can be made by calling 202-260-3046. The public may copy 
a maximum of 266 pages from any regulatory docket at no cost. If the 
number of pages copied exceeds 266, however, a charge of 15 cents 
will be incurred for each additional page, plus a $25.00 
administrative fee. Charges for copies and docket hours are subject 
to change.
    10.2  The docket will mail copies of materials to requestors who 
are outside the Washington D.C. metro area. Materials may be 
available from other sources, as noted in this section. The ERNS/
SPCC Information line at 202-260-2342 or the RCRA/Superfund Hotline 
at 800-424-9346 may also provide additional information on where to 
obtain documents. To contact the RCRA/Superfund Hotline in the 
Washington, DC metropolitan area, dial 703-412-9810. The 
Telecommunications Device for the Deaf (TDD) Hotline number is 800-
553-7672, or, in the Washington, DC metropolitan area, 703-412-3323.
    10.3  Documents Referenced
    (1) National Preparedness for Response Exercise Program (PREP). 
The PREP draft guidelines are available from United States Coast 
Guard Headquarters (G-MEP-4), 2100 Second Street, SW., Washington, 
DC 20593. (See 58 FR 53990, October 19, 1993, Notice of Availability 
of PREP Guidelines).
    (2) ``Guidance for Facility and Vessel Response Plans: Fish and 
Wildlife and Sensitive Environments'' (published in the Federal 
Register by DOC/NOAA at 59 FR 14713, March 29, 1994). The guidance 
is available in the Superfund Docket (see sections 10.1 and 10.2 of 
this appendix).
    (3) ASTM Standards. ASTM F 715, ASTM F 989, ASTM F 631-80, ASTM 
F 808-83 (1988). The ASTM standards are available from the American 
Society for Testing and Materials, 1916 Race Street, Philadelphia, 
PA 19103-1187.

       Table 1 to Appendix E--Response Resource Operating Criteria      
------------------------------------------------------------------------
                          Oil Recovery Devices                          
-------------------------------------------------------------------------
                                         Significant wave               
        Operating environment                height\1\        Sea state 
------------------------------------------------------------------------
Rivers and Canals....................   1 foot..            1
Inland...............................   3 feet..            2
Great Lakes..........................   4 feet..          2-3
Ocean................................   6 feet..          3-4
------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                      Boom                                                      
-----------------------------------------------------------------------------------------------------------------
                                                                                    Use                         
                                                         -------------------------------------------------------
                      Boom property                        Rivers and                                           
                                                             canals        Inland      Great Lakes      Ocean   
----------------------------------------------------------------------------------------------------------------
Significant Wave Height\1\..............................            
                                                           1.            3.            4.            6          
Sea State...............................................  1...........  2...........  2-3.........  3-4         
Boom height--inches (draft plus freeboard)..............  6-18........  18-42.......  18-42.......   
                                                                                                     42         
Reserve Buoyancy to Weight Ratio........................  2:1.........  2:1.........  2:1.........  3:1 to 4:1  
Total Tensile Strength--pounds..........................  4,500.......  15,000-20,00  15,000-20,00   
                                                                         0.            0.            20,000     
Skirt Fabric Tensile Strength--pounds...................  200.........  300.........  300.........  500         
Skirt Fabric Tear Strength--pounds......................  100.........  100.........  100.........  125         
----------------------------------------------------------------------------------------------------------------
\1\Oil recovery devices and boom shall be at least capable of operating in wave heights up to and including the 
  values listed in Table 1 for each operating environment.                                                      


                             Table 2 to Appendix E--Removal Capacity Planning Table                             
----------------------------------------------------------------------------------------------------------------
          Spill location                      Rivers and canals                 Nearshore/inland Great Lakes    
----------------------------------------------------------------------------------------------------------------
  Sustainability of on-water oil                    3 days                                 4 days               
             recovery              -----------------------------------------------------------------------------
-----------------------------------                Percent                                Percent               
                                      Percent     recovered   Percent oil    Percent     recovered   Percent oil
           Oil group\1\               natural      floating     onshore      natural      floating     Onshore  
                                    dissipation      oil                   dissipation      oil                 
----------------------------------------------------------------------------------------------------------------
1. Non-persistent oils............           80           10           10           80           20           10
2. Light crudes...................           40           15           45           50           50           30
3. Medium crudes and fuels........           20           15           65           30           50           50
4. Heavy crudes and fuels.........            5           20           75           10           50           70
Group 5 oils are defined in section 1.2.7 of this appendix; the response resource considerations are outlined in
 section 7.6 of this appendix.                                                                                  
----------------------------------------------------------------------------------------------------------------
\1\Non-petroleum oils are defined in section 1.2.3 of this appendix; the response resource considerations are   
  outlined in section 7.7 of this appendix.                                                                     


     Table 3 to Appendix E--Emulsification Factors for Petroleum Oil    
                                Groups\1\                               
                                                                        
                                                                        
Non-Persistent Oil:                                                     
  Group 1..........  1.0                                                
Persistent Oil:                                                         
  Group 2..........  1.8                                                
  Group 3..........  2.0                                                
  Group 4..........  1.4                                                
Group 5 oils are defined in section 1.2.7 of this appendix; the         
 response resource considerations are outlined in section 7.6 of        
 this appendix.                                                         
\1\See sections 1.2.2 and 1.2.7 of this appendix for group designations 
  for non-persistent and persistent oils, respectively.                 


   Table 4 to Appendix E--On-Water Oil Recovery Resource Mobilization   
                                 Factors                                
------------------------------------------------------------------------
               Operating area                  Tier 1   Tier 2    Tier 3
------------------------------------------------------------------------
Rivers and Canals............................     0.30     0.40     0.60
Inland/Nearshore Great Lakes.................     0.15     0.25    0.40 
------------------------------------------------------------------------
Note: These mobilization factors are for total resources mobilized, not 
  incremental response resources.                                       


                        Table 5 to Appendix E--Response Capability Caps by Operating Area                       
----------------------------------------------------------------------------------------------------------------
                                        Tier 1                      Tier 2                      Tier 3          
----------------------------------------------------------------------------------------------------------------
February 18, 1993:                                                                                              
    All except Rivers &       10K bbls/day..............  20K bbls/day..............  40K bbls/day.             
     Canals, Great Lakes.                                                                                       
    Great Lakes.............  5K bbls/day...............  10K bbls/day..............  20K bbls/day.             
    Rivers & Canals.........  1.5K bbls/day.............  3.0K bbls/day.............  6.0K bbls/day.            
February 18, 1998:                                                                                              
    All except Rivers &       12.5K bbls/day............  25K bbls/day..............  50K bbls/day.             
     Canals, Great Lakes.                                                                                       
    Great Lakes.............  6.35K bbls/day............  12.3K bbls/day............  25K bbls/day.             
    Rivers & Canals.........  1.875K bbls/day...........  3.75K bbls/day............  7.5K bbls/day.            
February 18, 2003:                                                                                              
    All except Rivers &       TBD.......................  TBD.......................  TBD.                      
     Canals, Great Lakes.                                                                                       
    Great Lakes.............  TBD.......................  TBD.......................  TBD.                      
    Rivers & Canals.........  TBD.......................  TBD.......................  TBD.                      
----------------------------------------------------------------------------------------------------------------
Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.            
TBD=To Be Determined.                                                                                           

Attachments to Appendix E

BILLING CODE 6560-50-P

TR01JY94.018


TR01JY94.019


TR01JY94.020


TR01JY94.021


BILLING CODE 6560-50-C

Appendix F To Part 112--Facility-Specific Response Plan

Table of Contents

    1.0  Model Facility-Specific Response Plan
    1.1  Emergency Response Action Plan
    1.2  Facility Information
    1.3  Emergency Response Information
    1.3.1  Notification
    1.3.2  Response Equipment List
    1.3.3  Response Equipment Testing/Deployment
    1.3.4  Personnel
    1.3.5  Evacuation Plans
    1.3.6  Qualified Individual's Duties
1.4  Hazard Evaluation
    1.4.1  Hazard Identification
    1.4.2  Vulnerability Analysis
    1.4.3  Analysis of the Potential for an Oil Spill
    1.4.4  Facility Reportable Oil Spill History
1.5  Discharge Scenarios
    1.5.1  Small and Medium Discharges
    1.5.2  Worst Case Discharge
1.6  Discharge Detection Systems
    1.6.1  Discharge Detection By Personnel
    1.6.2  Automated Discharge Detection
1.7  Plan Implementation
    1.7.1  Response Resources for Small, Medium, and Worst Case 
Spills
    1.7.2  Disposal Plans
    1.7.3  Containment and Drainage Planning
1.8  Self-Inspection, Drills/Exercises, and Response Training
    1.8.1  Facility Self-Inspection
    1.8.1.1  Tank Inspection
    1.8.1.2  Response Equipment Inspection
    1.8.1.3  Secondary Containment Inspection
    1.8.2  Facility Drills/Exercises
    1.8.2.1  Qualified Individual Notification Drill Logs
    1.8.2.2  Spill Management Team Tabletop Exercise Logs
    1.8.3  Response Training
    1.8.3.1  Personnel Response Training Logs
    1.8.3.2  Discharge Prevention Meeting Logs
1.9  Diagrams
1.10  Security
2.0  Response Plan Cover Sheet
3.0  Acronyms
4.0  References

1.0 Model Facility-Specific Response Plan

    (A) Owners or operators of facilities regulated under this part 
which pose a threat of substantial harm to the environment by 
discharging oil into or on navigable waters or adjoining shorelines 
are required to prepare and submit facility-specific response plans 
to EPA in accordance with the provisions in this appendix. This 
appendix further describes the required elements in Sec. 112.20(h).
    (B) Response plans must be sent to the appropriate EPA Regional 
office. Figure F-1 of this Appendix lists each EPA Regional office 
and the address where owners or operators must submit their response 
plans. Those facilities deemed by the Regional Administrator (RA) to 
pose a threat of significant and substantial harm to the environment 
will have their plans reviewed and approved by EPA. In certain 
cases, information required in the model response plan is similar to 
information currently maintained in the facility's Spill Prevention, 
Control, and Countermeasures (SPCC) Plan as required by 40 CFR 
112.3. In these cases, owners or operators may reproduce the 
information and include a photocopy in the response plan.
    (C) A complex may develop a single response plan with a set of 
core elements for all regulating agencies and separate sections for 
the non-transportation-related and transportation-related 
components, as described in Sec. 112.20(h). Owners or operators of 
large facilities that handle, store, or transport oil at more than 
one geographically distinct location (e.g., oil storage areas at 
opposite ends of a single, continuous parcel of property) shall, as 
appropriate, develop separate sections of the response plan for each 
storage area.

BILLING CODE 6560-50-P

TR01JY94.022


BILLING CODE 6560-50-C

1.1  Emergency Response Action Plan

    Several sections of the response plan shall be co-located for 
easy access by response personnel during an actual emergency or oil 
spill. This collection of sections shall be called the Emergency 
Response Action Plan. The Agency intends that the Action Plan 
contain only as much information as is necessary to combat the spill 
and be arranged so response actions are not delayed. The Action Plan 
may be arranged in a number of ways. For example, the sections of 
the Emergency Response Action Plan may be photocopies or condensed 
versions of the forms included in the associated sections of the 
response plan. Each Emergency Response Action Plan section may be 
tabbed for quick reference. The Action Plan shall be maintained in 
the front of the same binder that contains the complete response 
plan or it shall be contained in a separate binder. In the latter 
case, both binders shall be kept together so that the entire plan 
can be accessed by the qualified individual and appropriate spill 
response personnel. The Emergency Response Action Plan shall be made 
up of the following sections:

1. Qualified Individual Information (Section 1.2) partial
2. Emergency Notification Phone List (Section 1.3.1) complete
3. Spill Response Notification Form (Section 1.3.1) complete
4. Response Equipment List and Location (Section 1.3.2) complete
5. Response Equipment Testing and Deployment (Section 1.3.3) 
complete
6. Facility Response Team (Section 1.3.4) partial
7. Evacuation Plan (Section 1.3.5) condensed
8. Immediate Actions (Section 1.7.1) complete
9. Facility Diagram (Section 1.9) complete

1.2  Facility Information

    The facility information form is designed to provide an overview 
of the site and a description of past activities at the facility. 
Much of the information required by this section may be obtained 
from the facility's existing SPCC Plan.
    1.2.1  Facility name and location: Enter facility name and 
street address. Enter the address of corporate headquarters only if 
corporate headquarters are physically located at the facility. 
Include city, county, state, zip code, and phone number.
    1.2.2  Latitude and Longitude: Enter the latitude and longitude 
of the facility. Include degrees, minutes, and seconds of the main 
entrance of the facility.
    1.2.3  Wellhead Protection Area: Indicate if the facility is 
located in or drains into a wellhead protection area as defined by 
the Safe Drinking Water Act of 1986 (SDWA).\1\ The response plan 
requirements in the Wellhead Protection Program are outlined by the 
State or Territory in which the facility resides.
---------------------------------------------------------------------------

    \1\A wellhead protection area is defined as the surface and 
subsurface area surrounding a water well or wellfield, supplying a 
public water system, through which contaminants are reasonably 
likely to move toward and reach such water well or wellfield. For 
further information regarding State and territory protection 
programs, facility owners or operators may contact the SDWA Hotline 
at 1-800-426-4791.
---------------------------------------------------------------------------

    1.2.4  Owner/operator: Write the name of the company or person 
operating the facility and the name of the person or company that 
owns the facility, if the two are different. List the address of the 
owner, if the two are different.
    1.2.5  Qualified Individual: Write the name of the qualified 
individual for the entire facility. If more than one person is 
listed, each individual indicated in this section shall have full 
authority to implement the facility response plan. For each 
individual, list: name, position, home and work addresses (street 
addresses, not P.O. boxes), emergency phone number, and specific 
response training experience.
    1.2.6  Date of Oil Storage Start-up: Enter the year which the 
present facility first started storing oil.
    1.2.7  Current Operation: Briefly describe the facility's 
operations and include the Standard Industry Classification (SIC) 
code.
    1.2.8  Dates and Type of Substantial Expansion: Include 
information on expansions that have occurred at the facility. 
Examples of such expansions include, but are not limited to: 
Throughput expansion, addition of a product line, change of a 
product line, and installation of additional oil storage capacity. 
The data provided shall include all facility historical information 
and detail the expansion of the facility. An example of substantial 
expansion is any material alteration of the facility which causes 
the owner or operator of the facility to re-evaluate and increase 
the response equipment necessary to adequately respond to a worst 
case discharge from the facility.
Date of Last Update: ______

Facility Information Form

Facility Name:---------------------------------------------------------
  Location (Street Address):-------------------------------------------
    City: ______ State: ______ Zip: ______
    County: ______ Phone Number: (    ) ______
    Latitude: ______ Degrees ______ Minutes ______ Seconds
    Longitude: ______ Degrees ______ Minutes ______ Seconds
Wellhead Protection Area:----------------------------------------------
Owner:-----------------------------------------------------------------
  Owner Location (Street Address):-------------------------------------
        (if different from Facility Address)
    City: ______ State:______ Zip: ______
    County: ______ Phone Number: (    ) ______
Operator (if not Owner):-----------------------------------------------
Qualified Individual(s): (attach additional sheets if more than one)
  Name:----------------------------------------------------------------
  Position:------------------------------------------------------------
  Work Address:--------------------------------------------------------
  Home Address:--------------------------------------------------------
  Emergency Phone Number: (      )-------------------------------------
Date of Oil Storage Start-up:------------------------------------------
Current Operations:----------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
Date(s) and Type(s) of Substantial Expansion(s):-----------------------
----------------------------------------------------------------------
(Attach additional sheets if necessary)

1.3  Emergency Response Information

    (A) The information provided in this section shall describe what 
will be needed in an actual emergency involving the discharge of oil or 
a combination of hazardous substances and oil discharge. The Emergency 
Response Information section of the plan must include the following 
components:

    (1) The information provided in the Emergency Notification Phone 
List in section 1.3.1 identifies and prioritizes the names and phone 
numbers of the organizations and personnel that need to be notified 
immediately in the event of an emergency. This section shall include 
all the appropriate phone numbers for the facility. These numbers 
must be verified each time the plan is updated. The contact list 
must be accessible to all facility employees to ensure that, in case 
of a discharge, any employee on site could immediately notify the 
appropriate parties.
    (2) The Spill Response Notification Form in section 1.3.1 
creates a checklist of information that shall be provided to the 
National Response Center (NRC) and other response personnel. All 
information on this checklist must be known at the time of 
notification, or be in the process of being collected. This 
notification form is based on a similar form used by the NRC. Note: 
Do not delay spill notification to collect the information on the 
list.
    (3) Section 1.3.2 provides a description of the facility's list 
of emergency response equipment and location of the response 
equipment. When appropriate, the amount of oil that emergency 
response equipment can handle and any limitations (e.g., launching 
sites) must be described.
    (4) Section 1.3.3 provides information regarding response 
equipment tests and deployment drills. Response equipment deployment 
exercises shall be conducted to ensure that response equipment is 
operational and the personnel who would operate the equipment in a 
spill response are capable of deploying and operating it. Only a 
representative sample of each type of response equipment needs to be 
deployed and operated, as long as the remainder is properly 
maintained. If appropriate, testing of response equipment may be 
conducted while it is being deployed. Facilities without facility-
owned response equipment must ensure that the oil spill removal 
organization that is identified in the response plan to provide this 
response equipment certifies that the deployment exercises have been 
met. Refer to the National Preparedness for Response Exercise 
Program (PREP) Guidelines (see Appendix E to this part, section 10, 
for availability), which satisfy Oil Pollution Act (OPA) response 
exercise requirements.
    (5) Section 1.3.4 lists the facility response personnel, 
including those employed by the facility and those under contract to 
the facility for response activities, the amount of time needed for 
personnel to respond, their responsibility in the case of an 
emergency, and their level of response training. Three different 
forms are included in this section. The Emergency Response Personnel 
List shall be composed of all personnel employed by the facility 
whose duties involve responding to emergencies, including oil 
spills, even when they are not physically present at the site. An 
example of this type of person would be the Building Engineer-in-
Charge or Plant Fire Chief. The second form is a list of the 
Emergency Response Contractors (both primary and secondary) retained 
by the facility. Any changes in contractor status must be reflected 
in updates to the response plan. Evidence of contracts with response 
contractors shall be included in this section so that the 
availability of resources can be verified. The last form is the 
Facility Response Team List, which shall be composed of both 
emergency response personnel (referenced by job title/position) and 
emergency response contractors, included in one of the two lists 
described above, that will respond immediately upon discovery of an 
oil spill or other emergency (i.e., the first people to respond). 
These are to be persons normally on the facility premises or primary 
response contractors. Examples of these personnel would be the 
Facility Hazardous Materials (HAZMAT) Spill Team 1, Facility Fire 
Engine Company 1, Production Supervisor, or Transfer Supervisor. 
Company personnel must be able to respond immediately and adequately 
if contractor support is not available.
    (6) Section 1.3.5 lists factors that must, as appropriate, be 
considered when preparing an evacuation plan.
    (7) Section 1.3.6 references the responsibilities of the 
qualified individual for the facility in the event of an emergency.
    (B) The information provided in the emergency response section 
will aid in the assessment of the facility's ability to respond to a 
worst case discharge and will identify additional assistance that 
may be needed. In addition, the facility owner or operator may want 
to produce a wallet-size card containing a checklist of the 
immediate response and notification steps to be taken in the event 
of an oil discharge.

1.3.1  Notification

Date of Last Update:---------------------------------------------------

Emergency Notification Phone List Whom To Notify

Reporter's Name:-------------------------------------------------------
Date:------------------------------------------------------------------
Facility Name:---------------------------------------------------------
Owner Name:------------------------------------------------------------
Facility Identification Number:----------------------------------------
Date and Time of Each NRC Notification:--------------------------------

------------------------------------------------------------------------
                    Organization                           Phone No.    
------------------------------------------------------------------------
1. National Response Center (NRC):                        1-800-424-8802
                                                      ------------------
                                                                        
2. Qualified Individual:                                                
                                                      ------------------
                                                                        
  Evening Phone:                                                        
                                                      ------------------
                                                                        
3. Company Response Team:                                               
                                                      ------------------
                                                                        
  Evening Phone:                                                        
                                                      ------------------
                                                                        
4. Federal On-Scene Coordinator (OSC) and/or Regional                   
 Response Center (RRC):                                                 
                                                      ------------------
                                                                        
  Evening Phone(s):                                                     
                                                      ------------------
                                                                        
  Pager Number(s):                                                      
                                                      ------------------
                                                                        
5. Local Response Team (Fire Dept./Cooperatives):                       
                                                      ------------------
                                                                        
6. Fire Marshall:                                                       
                                                      ------------------
                                                                        
  Evening Phone:                                                        
                                                      ------------------
                                                                        
7. State Emergency Response Commission (SERC):                          
                                                      ------------------
                                                                        
  Evening Phone:                                                        
                                                      ------------------
                                                                        
8. State Police:                                                        
                                                      ------------------
                                                                        
9. Local Emergency Planning Committee (LEPC):                           
                                                      ------------------
                                                                        
10. Local Water Supply System:                                          
                                                      ------------------
                                                                        
  Evening Phone:                                                        
                                                      ------------------
                                                                        
11. Weather Report:                                                     
                                                      ------------------
                                                                        
12. Local Television/Radio Station for Evacuation                       
 Notification:                                                          
                                                      ------------------
                                                                        
13. Hospitals:                                                          
                                                      ------------------
                                                                        
------------------------------------------------------------------------

Spill Response Notification Form

Reporter's Last Name:--------------------------------------------------
First:-----------------------------------------------------------------
M.I.:------------------------------------------------------------------
Position:--------------------------------------------------------------
Phone Numbers:

    Day (    )      -
    Evening (    )      -

Company:---------------------------------------------------------------

Organization Type:-----------------------------------------------------

Address:---------------------------------------------------------------

----------------------------------------------------------------------

City:------------------------------------------------------------------

State:-----------------------------------------------------------------

Zip:-------------------------------------------------------------------

Were Materials Discharged? ______ (Y/N) Confidential? ______ (Y/N)
Meeting Federal Obligations to Report? ______ (Y/N) Date Called: 
______
Calling for Responsible Party? ______ (Y/N) Time Called: ______

Incident Description

Source and/or Cause of Incident:---------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------

Date of Incident:------------------------------------------------------

Time of Incident: ______ AM/PM

Incident Address/Location:---------------------------------------------

----------------------------------------------------------------------

Nearest City:________________ State: ______ County: ________ Zip: 
________
Distance from City: ______ Units of Measure: ______ Direction from 
City: ______
Section: ________ Township: ________ Range: ________ Borough: 
________
Container Type: ______ Tank Oil Storage Capacity: ________ Units of 
Measure: ______
Facility Oil Storage Capacity: ________ Units of Measure: ______
Facility Latitude: ______ Degrees ______ Minutes ______ Seconds
Facility Longitude: ______ Degrees ______ Minutes ______ Seconds

Material

----------------------------------------------------------------------------------------------------------------
                                                              Material                                          
    CHRIS Code         Discharged      Unit of measure     Discharged in         Quantity       Unit of measure 
                        quantity                               water                                            
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                                                
----------------------------------------------------------------------------------------------------------------

Response Action

Actions Taken to Correct, Control or Mitigate Incident:

----------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------

Impact

Number of Injuries: ______ Number of Deaths: ______
Were there Evacuations? ______ (Y/N) Number Evacuated: ______
Was there any Damage? ______ (Y/N)
Damage in Dollars (approximate):---------------------------------------

Medium Affected:-------------------------------------------------------

Description:-----------------------------------------------------------

More Information about Medium:-----------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------

Additional Information

Any information about the incident not recorded elsewhere in the 
report:

----------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------

Caller Notifications

EPA? ______ (Y/N) USCG? ______ (Y/N) State? ______ (Y/N)
Other? ______ (Y/N) Describe: ____________

1.3.2  Response Equipment List

    Date of Last Update:______

Facility Response Equipment List

1. Skimmers/Pumps--Operational Status:---------------------------------
  Type, Model, and Year:-----------------------------------------------
  ---------------------------------------------------------------------
    Type    Model    Year
  Number:--------------------------------------------------------------
  Capacity: ________ gal./min.
  Daily Effective Recovery Rate:---------------------------------------
  Storage Location(s):-------------------------------------------------
  Date Fuel Last Changed:----------------------------------------------
2. Boom--Operational Status:-------------------------------------------
  Type, Model, and Year:-----------------------------------------------
    Type    Model    Year
  Number:--------------------------------------------------------------
    Size (length): ________ ft.
    Containment Area: ________ sq. ft.
  Storage Location:----------------------------------------------------
    3. Chemicals Stored (Dispersants listed on EPA's NCP Product 
Schedule) 

------------------------------------------------------------------------
                                       Date      Treatment     Storage  
        Type             Amount     purchased     capacity     location 
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------

    Were appropriate procedures used to receive approval for use of 
dispersants in accordance with the NCP (40 CFR 300.910) and the Area 
Contingency Plan (ACP), where applicable?______ (Y/N).
    Name and State of On-Scene Coordinator (OSC) authorizing use: 
______ .
    Date Authorized: ______ .
    4. Dispersant Dispensing Equipment--Operational Status: ______ .

------------------------------------------------------------------------
                                                               Response 
          Type and year              Capacity     Storage        time   
                                                  location    (minutes) 
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------

5. Sorbents--Operational Status:---------------------------------------
  Type and Year Purchased:---------------------------------------------
  Amount:--------------------------------------------------------------
  Absorption Capacity (gal.):------------------------------------------
  Storage Location(s):-------------------------------------------------
6. Hand Tools--Operational Status: ------------------------------------

------------------------------------------------------------------------
     Type and year               Quantity            Storage location   
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------

    7. Communication Equipment (include operating frequency and 
channel and/or cellular phone numbers)--Operational Status: ______

------------------------------------------------------------------------
                                                     Storage location/  
     Type and year               Quantity                 number        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------

    8. Fire Fighting and Personnel Protective Equipment--Operational 
Status: ______

------------------------------------------------------------------------
     Type and year               Quantity            Storage location   
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------

    9. Other (e.g., Heavy Equipment, Boats and Motors)--Operational 
Status: ______ 

------------------------------------------------------------------------
     Type and year               Quantity            Storage location   
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------

1.3.3  Response Equipment Testing/Deployment

    Date of Last Update:________

Response Equipment Testing and Deployment Drill Log

Last Inspection or Response Equipment Test Date:-----------------------
Inspection Frequency:--------------------------------------------------
Last Deployment Drill Date:--------------------------------------------
Deployment Frequency:--------------------------------------------------
Oil Spill Removal Organization Certification (if applicable):----------

1.3.4  Personnel

    Date of Last Update:________ 

                                                              Emergency Response Personnel                                                              
                                                                   Company Personnel                                                                    
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         Name                  Phone\1\             Response time        Responsibility during response action         Response training type/date      
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\1\Phone number to be used when person is not on-site.                                                                                                  


                                                             Emergency Response Contractors                                                             
                                                             Date of Last Update: ________                                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
       Contractor                  Phone                 Response time                                Contract responsibility\1\                        
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1.                                                                                                                                                      
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2.                                                                                                                                                      
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\1\Include evidence of contracts/agreements with response contractors to ensure the availability of personnel and response equipment.                   


                                                                 Facility Response Team                                                                 
                                                              Date of Last Update: ________                                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Team member                             Response time (minutes)                Phone or pager number (day/evening)             
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Qualified Individual:                                                                                                                                   
                                                               ...........................  /                                                           
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Note: If the facility uses contracted help in an emergency response situation, the owner or operator must provide the contractors' names and review the 
  contractors' capacities to provide adequate personnel and response equipment.                                                                         

1.3.5  Evacuation Plans

    1.3.5.1  Based on the analysis of the facility, as discussed 
elsewhere in the plan, a facility-wide evacuation plan shall be 
developed. In addition, plans to evacuate parts of the facility that 
are at a high risk of exposure in the event of a spill or other 
release must be developed. Evacuation routes must be shown on a 
diagram of the facility (see section 1.9 of this appendix). When 
developing evacuation plans, consideration must be given to the 
following factors, as appropriate:
    (1) Location of stored materials;
    (2) Hazard imposed by spilled material;
    (3) Spill flow direction;
    (4) Prevailing wind direction and speed;
    (5) Water currents, tides, or wave conditions (if applicable);
    (6) Arrival route of emergency response personnel and response 
equipment;
    (7) Evacuation routes;
    (8) Alternative routes of evacuation;
    (9) Transportation of injured personnel to nearest emergency 
medical facility;
    (10) Location of alarm/notification systems;
    (11) The need for a centralized check-in area for evacuation 
validation (roll call);
    (12) Selection of a mitigation command center; and
    (13) Location of shelter at the facility as an alternative to 
evacuation.
    1.3.5.2  One resource that may be helpful to owners or operators 
in preparing this section of the response plan is The Handbook of 
Chemical Hazard Analysis Procedures by the Federal Emergency 
Management Agency (FEMA), Department of Transportation (DOT), and 
EPA. The Handbook of Chemical Hazard Analysis Procedures is 
available from: FEMA , Publication Office, 500 C. Street, S.W., 
Washington, DC 20472, (202) 646-3484.
    1.3.5.3  As specified in Sec. 112.20(h)(1)(vi), the facility 
owner or operator must reference existing community evacuation 
plans, as appropriate.

1.3.6  Qualified Individual's Duties

    The duties of the designated qualified individual are specified 
in Sec. 112.20(h)(3)(ix). The qualified individual's duties must be 
described and be consistent with the minimum requirements in 
Sec. 112.20(h)(3)(ix). In addition, the qualified individual must be 
identified with the Facility Information in section 1.2 of the 
response plan.

1.4  Hazard Evaluation

    This section requires the facility owner or operator to examine 
the facility's operations closely and to predict where discharges 
could occur. Hazard evaluation is a widely used industry practice 
that allows facility owners or operators to develop a complete 
understanding of potential hazards and the response actions 
necessary to address these hazards. The Handbook of Chemical Hazard 
Analysis Procedures, prepared by the EPA, DOT, and the FEMA and the 
Hazardous Materials Emergency Planning Guide (NRT-1), prepared by 
the National Response Team are good references for conducting a 
hazard analysis. Hazard identification and evaluation will assist 
facility owners or operators in planning for potential discharges, 
thereby reducing the severity of discharge impacts that may occur in 
the future. The evaluation also may help the operator identify and 
correct potential sources of discharges. In addition, special 
hazards to workers and emergency response personnel's health and 
safety shall be evaluated, as well as the facility's oil spill 
history.

1.4.1  Hazard  Identification

    The Tank and Surface Impoundment (SI) forms, or their 
equivalent, that are part of this section must be completed 
according to the directions below. (``Surface Impoundment'' means a 
facility or part of a facility which is a natural topographic 
depression, man-made excavation, or diked area formed primarily of 
earthen materials (although it may be lined with man-made 
materials), which is designed to hold an accumulation of liquid 
wastes or wastes containing free liquids, and which is not an 
injection well or a seepage facility.) Similar worksheets, or their 
equivalent, must be developed for any other type of storage 
containers.
    (1) List each tank at the facility with a separate and distinct 
identifier. Begin aboveground tank identifiers with an ``A'' and 
belowground tank identifiers with a ``B'', or submit multiple sheets 
with the aboveground tanks and belowground tanks on separate sheets.
    (2) Use gallons for the maximum capacity of a tank; and use 
square feet for the area.
    (3) Using the appropriate identifiers and the following 
instructions, fill in the appropriate forms:
    (a) Tank or SI number--Using the aforementioned identifiers (A 
or B) or multiple reporting sheets, identify each tank or SI at the 
facility that stores oil or hazardous materials.
    (b) Substance Stored--For each tank or SI identified, record the 
material that is stored therein. If the tank or SI is used to store 
more than one material, list all of the stored materials.
    (c) Quantity Stored--For each material stored in each tank or 
SI, report the average volume of material stored on any given day.
    (d) Tank Type or Surface Area/Year--For each tank, report the 
type of tank (e.g., floating top), and the year the tank was 
originally installed. If the tank has been refabricated, the year 
that the latest refabrication was completed must be recorded in 
parentheses next to the year installed. For each SI, record the 
surface area of the impoundment and the year it went into service.
    (e) Maximum Capacity--Record the operational maximum capacity 
for each tank and SI. If the maximum capacity varies with the 
season, record the upper and lower limits.
    (f) Failure/Cause--Record the cause and date of any tank or SI 
failure which has resulted in a loss of tank or SI contents.
    (4) Using the numbers from the tank and SI forms, label a 
schematic drawing of the facility. This drawing shall be identical 
to any schematic drawings included in the SPCC Plan.
    (5) Using knowledge of the facility and its operations, describe 
the following in writing:
    (a) The loading and unloading of transportation vehicles that 
risk the discharge of oil or release of hazardous substances during 
transport processes. These operations may include loading and 
unloading of trucks, railroad cars, or vessels. Estimate the volume 
of material involved in transfer operations, if the exact volume 
cannot be determined.
    (b) Day-to-day operations that may present a risk of discharging 
oil or releasing a hazardous substance. These activities include 
scheduled venting, piping repair or replacement, valve maintenance, 
transfer of tank contents from one tank to another, etc. (not 
including transportation-related activities). Estimate the volume of 
material involved in these operations, if the exact volume cannot be 
determined.
    (c) The secondary containment volume associated with each tank 
and/or transfer point at the facility. The numbering scheme 
developed on the tables, or an equivalent system, must be used to 
identify each containment area. Capacities must be listed for each 
individual unit (tanks, slumps, drainage traps, and ponds), as well 
as the facility total.
    (d) Normal daily throughput for the facility and any effect on 
potential discharge volumes that a negative or positive change in 
that throughput may cause.

                                         Hazard Identification Tanks\1\                                         
                                          Date of Last Update: ________                                         
----------------------------------------------------------------------------------------------------------------
                    Substance Stored                                                                            
                        (Oil and       Quantity Stored                       Maximum Capacity                   
     Tank No.          Hazardous          (gallons)        Tank Type/Year       (gallons)        Failure/Cause  
                       Substance)                                                                               
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\1\Tank = any container that stores oil.                                                                        
Attach as many sheets as necessary.                                                                             


                                Hazard Identification Surface Impoundments (SIs)                                
                                          Date of Last Update: ________                                         
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                                       Quantity Stored                       Maximum Capacity                   
      SI No.        Substance Stored      (gallons)      Surface Area/Year      (gallons)        Failure/Cause  
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Attach as many sheets as necessary.                                                                             

1.4.2  Vulnerability Analysis

    The vulnerability analysis shall address the potential effects 
(i.e., to human health, property, or the environment) of an oil spill. 
Attachment C-III to Appendix C to this part provides a method that 
owners or operators shall use to determine appropriate distances from 
the facility to fish and wildlife and sensitive environments. Owners or 
operators can use a comparable formula that is considered acceptable by 
the RA. If a comparable formula is used, documentation of the 
reliability and analytical soundness of the formula must be attached to 
the response plan cover sheet. This analysis must be prepared for each 
facility and, as appropriate, must discuss the vulnerability of:
    (1) Water intakes (drinking, cooling, or other);
    (2) Schools;
    (3) Medical facilities;
    (4) Residential areas;
    (5) Businesses;
    (6) Wetlands or other sensitive environments;\2\
---------------------------------------------------------------------------

    \2\Refer to the DOC/NOAA ``Guidance for Facility and Vessel 
Response Plans: Fish and Wildlife and Sensitive Environments'' (See 
appendix E to this part, section 10, for availability).
---------------------------------------------------------------------------

    (7) Fish and wildlife;
    (8) Lakes and streams;
    (9) Endangered flora and fauna;
    (10) Recreational areas;
    (11) Transportation routes (air, land, and water);
    (12) Utilities; and
    (13) Other areas of economic importance (e.g., beaches, marinas) 
including terrestrially sensitive environments, aquatic environments, 
and unique habitats.

1.4.3  Analysis of the Potential for an Oil Spill

    Each owner or operator shall analyze the probability of a spill 
occurring at the facility. This analysis shall incorporate factors such 
as oil spill history, horizontal range of a potential spill, and 
vulnerability to natural disaster, and shall, as appropriate, 
incorporate other factors such as tank age. This analysis will provide 
information for developing discharge scenarios for a worst case 
discharge and small and medium discharges and aid in the development of 
techniques to reduce the size and frequency of spills. The owner or 
operator may need to research the age of the tanks and the oil spill 
history at the facility.

1.4.4  Facility Reportable Oil Spill History

    Briefly describe the facility's reportable oil spill\3\ history for 
the entire life of the facility to the extent that such information is 
reasonably identifiable, including:
---------------------------------------------------------------------------

    \3\As described in 40 CFR part 110, reportable oil spills are 
those that: (a) violate applicable water quality standards, or (b) 
cause a film or sheen upon or discoloration of the surface of the 
water or adjoining shorelines or cause a sludge or emulsion to be 
deposited beneath the surface of the water or upon adjoining 
shorelines.
---------------------------------------------------------------------------

    (1) Date of discharge(s);
    (2) List of discharge causes;
    (3) Material(s) discharged;
    (4) Amount discharged in gallons;
    (5) Amount of discharge that reached navigable waters, if 
applicable;
    (6) Effectiveness and capacity of secondary containment;
    (7) Clean-up actions taken;
    (8) Steps taken to reduce possibility of recurrence;
    (9) Total oil storage capacity of the tank(s) or impoundment(s) 
from which the material discharged;
    (10) Enforcement actions;
    (11) Effectiveness of monitoring equipment; and
    (12) Description(s) of how each oil spill was detected.

The information solicited in this section may be similar to 
requirements in 40 CFR 112.4(a). Any duplicate information required by 
Sec. 112.4(a) may be photocopied and inserted.

1.5  Discharge Scenarios

    In this section, the owner or operator is required to provide a 
description of the facility's worst case discharge, as well as a small 
and medium spill, as appropriate. A multi-level planning approach has 
been chosen because the response actions to a spill (i.e., necessary 
response equipment, products, and personnel) are dependent on the 
magnitude of the spill. Planning for lesser discharges is necessary 
because the nature of the response may be qualitatively different 
depending on the quantity of the discharge. The facility owner or 
operator shall discuss the potential direction of the spill pathway.

1.5.1  Small and Medium Discharges

    1.5.1.1  To address multi-level planning requirements, the owner or 
operator must consider types of facility-specific spill scenarios that 
may contribute to a small or medium spill. The scenarios shall account 
for all the operations that take place at the facility, including but 
not limited to:
    (1) Loading and unloading of surface transportation;
    (2) Facility maintenance;
    (3) Facility piping;
    (4) Pumping stations and sumps;
    (5) Oil storage tanks;
    (6) Vehicle refueling; and
    (7) Age and condition of facility and components.
    1.5.1.2  The scenarios shall also consider factors that affect the 
response efforts required by the facility. These include but are not 
limited to:
    (1) Size of the spill;
    (2) Proximity to downgradient wells, waterways, and drinking water 
intakes;
    (3) Proximity to fish and wildlife and sensitive environments;
    (4) Likelihood that the discharge will travel offsite (i.e., 
topography, Pdrainage) ;
    (5) Location of the material spilled (i.e., on a concrete pad or 
directly on the soil);
    (6) Material discharged;
    (7) Weather or aquatic conditions (i.e., river flow);
    (8) Available remediation equipment;
    (9) Probability of a chain reaction of failures; and
    (10) Direction of spill pathway.

1.5.2  Worst Case Discharge

    1.5.2.1  In this section, the owner or operator must identify the 
worst case discharge volume at the facility. Worksheets for production 
and non-production facility owners or operators to use when calculating 
worst case discharge are presented in Appendix D to this part. When 
planning for the worst case discharge response, all of the 
aforementioned factors listed in the small and medium discharge section 
of the response plan shall be addressed.
    1.5.2.2  For onshore storage facilities and production facilities, 
permanently manifolded oil storage tanks are defined as tanks that are 
designed, installed, and/or operated in such a manner that the multiple 
tanks function as one storage unit (i.e., multiple tank volumes are 
equalized). In this section of the response plan, owners or operators 
must provide evidence that oil storage tanks with common piping or 
piping systems are not operated as one unit. If such evidence is 
provided and is acceptable to the RA, the worst case discharge volume 
shall be based on the combined oil storage capacity of all manifold 
tanks or the oil storage capacity of the largest single oil storage 
tank within the secondary containment area, whichever is greater. For 
permanently manifolded oil storage tanks that function as one storage 
unit, the worst case discharge shall be based on the combined oil 
storage capacity of all manifolded tanks or the oil storage capacity of 
the largest single tank within a secondary containment area, whichever 
is greater. For purposes of the worst case discharge calculation, 
permanently manifolded oil storage tanks that are separated by internal 
divisions for each tank are considered to be single tanks and 
individual manifolded tank volumes are not combined.

1.6  Discharge Detection Systems

    In this section, the facility owner or operator shall provide a 
detailed description of the procedures and equipment used to detect 
discharges. A section on spill detection by personnel and a discussion 
of automated spill detection, if applicable, shall be included for both 
regular operations and after hours operations. In addition, the 
facility owner or operator shall discuss how the reliability of any 
automated system will be checked and how frequently the system will be 
inspected.

1.6.1  Discharge Detection by Personnel

    In this section, facility owners or operators shall describe the 
procedures and personnel that will detect any spill or uncontrolled 
discharge of oil or release of a hazardous substance. A thorough 
discussion of facility inspections must be included. In addition, a 
description of initial response actions shall be addressed. This 
section shall reference section 1.3.1 of the response plan for 
emergency response information.

1.6.2  Automated Discharge Detection

    In this section, facility owners or operators must describe any 
automated spill detection equipment that the facility has in place. 
This section shall include a discussion of overfill alarms, secondary 
containment sensors, etc. A discussion of the plans to verify an 
automated alarm and the actions to be taken once verified must also be 
included.

1.7  Plan Implementation

    In this section, facility owners or operators must explain in 
detail how to implement the facility's emergency response plan by 
describing response actions to be carried out under the plan to ensure 
the safety of the facility and to mitigate or prevent discharges 
described in section 1.5 of the response plan. This section shall 
include the identification of response resources for small, medium, and 
worst case spills; disposal plans; and containment and drainage 
planning. A list of those personnel who would be involved in the 
cleanup shall be identified. Procedures that the facility will use, 
where appropriate or necessary, to update their plan after an oil spill 
event and the time frame to update the plan must be described.

1.7.1  Response Resources for Small, Medium, and Worst Case Spills

    1.7.1.1  Once the spill scenarios have been identified in section 
1.5 of the response plan, the facility owner or operator shall identify 
and describe implementation of the response actions. The facility owner 
or operator shall demonstrate accessibility to the proper response 
personnel and equipment to effectively respond to all of the identified 
spill scenarios. The determination and demonstration of adequate 
response capability are presented in Appendix E to this part. In 
addition, steps to expedite the cleanup of oil spills must be 
discussed. At a minimum, the following items must be addressed:
    (1) Emergency plans for spill response;
    (2) Additional response training;
    (3) Additional contracted help;
    (4) Access to additional response equipment/experts; and
    (5) Ability to implement the plan including response training and 
practice drills.
    1.7.1.2A recommended form detailing immediate actions follows.

                  Oil Spill Response--Immediate Actions                 
                                                                        
                                                                        
1. Stop the product  Act quickly to secure                              
 flow.                pumps, close valves, etc.                         
2. Warn personnel..  Enforce safety and                                 
                      security measures.                                
3. Shut off          Motors, electrical                                 
 ignition sources.    circuits, open flames,                            
                      etc.                                              
4. Initiate          Around the tank and/or in                          
 containment.         the water with oil boom.                          
5. Notify NRC......  1-800-424-8802                                     
6. Notify OSC                                                           
7. Notify, as                                                           
 appropriate                                                            
Source: FOSS, Oil Spill Response--Emergency Procedures, Revised December
  3, 1992.                                                              

1.7.2  Disposal Plans

    1.7.2.1  Facility owners or operators must describe how and 
where the facility intends to recover, reuse, decontaminate, or 
dispose of materials after a discharge has taken place. The 
appropriate permits required to transport or dispose of recovered 
materials according to local, State, and Federal requirements must 
be addressed. Materials that must be accounted for in the disposal 
plan, as appropriate, include:
    (1) Recovered product;
    (2) Contaminated soil;
    (3) Contaminated equipment and materials, including drums, tank 
parts, valves, and shovels;
    (4) Personnel protective equipment;
    (5) Decontamination solutions;
    (6) Adsorbents; and
    (7) Spent chemicals.
    1.7.2.2  These plans must be prepared in accordance with Federal 
(e.g., the Resource Conservation and Recovery Act [RCRA]), State, 
and local regulations, where applicable. A copy of the disposal 
plans from the facility's SPCC Plan may be inserted with this 
section, including any diagrams in those plans. 

------------------------------------------------------------------------
                                     Disposal                RCRA permit/
            Material                 facility    Location      manifest 
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1.                                                                      
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2.                                                                      
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3.                                                                      
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4.                                                                      
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1.7.3  Containment and Drainage Planning

    A proper plan to contain and control a spill through drainage 
may limit the threat of harm to human health and the environment. 
This section shall describe how to contain and control a spill 
through drainage, including:
    (1) The available volume of containment (use the information 
presented in section 1.4.1 of the response plan);
    (2) The route of drainage from oil storage and transfer areas;
    (3) The construction materials used in drainage troughs;
    (4) The type and number of valves and separators used in the 
drainage system;
    (5) Sump pump capacities;
    (6) The containment capacity of weirs and booms that might be 
used and their location (see section 1.3.2 of this appendix); and
    (7) Other cleanup materials.

In addition, facility owners or operators must meet the inspection 
and monitoring requirements for drainage contained in 40 CFR 
112.7(e). A copy of the containment and drainage plans that are 
required in 40 CFR 112.7(e) may be inserted in this section, 
including any diagrams in those plans.

    Note: The general permit for stormwater drainage may contain 
additional requirements.

1.8  Self-Inspection, Drills/Exercises, and Response Training

    The owner or operator must develop programs for facility 
response training and for drills/exercises according to the 
requirements of 40 CFR 112.21. Logs must be kept for facility 
drills/exercises, personnel response training, and spill prevention 
meetings. Much of the recordkeeping information required by this 
section is also contained in the SPCC Plan required by 40 CFR 112.3. 
These logs may be included in the facility response plan or kept as 
an annex to the facility response plan.

1.8.1  Facility Self-Inspection

    Pursuant to 40 CFR 112.7(e)(8), each facility shall include the 
written procedures and records of inspections in the SPCC Plan. The 
inspection shall include the tanks, secondary containment, and 
response equipment at the facility. Records of the inspections of 
tanks and secondary containment required by 40 CFR 112.7(e) shall be 
cross-referenced in the response plan. The inspection of response 
equipment is a new requirement in this plan. Facility self-
inspection requires two steps: (1) a checklist of things to inspect; 
and (2) a method of recording the actual inspection and its 
findings. The date of each inspection shall be noted. These records 
are required to be maintained for 5 years.

1.8.1.1  Tank Inspection

    The tank inspection checklist presented below has been included 
as guidance during inspections and monitoring. Similar requirements 
exist in 40 CFR 112.7(e). Duplicate information from the SPCC Plan 
may be photocopied and inserted in this section. The inspection 
checklist consists of the following items:

Tank Inspection Checklist

1. Check tanks for leaks, specifically looking for:
    A. drip marks;
    B. discoloration of tanks;
    C. puddles containing spilled or leaked material;
    D. corrosion;
    E. cracks; and
    F. localized dead vegetation.
2. Check foundation for:
    A. cracks;
    B. discoloration;
    C. puddles containing spilled or leaked material;
    D. settling;
    E. gaps between tank and foundation; and
    F. damage caused by vegetation roots.
3. Check piping for:
    A. droplets of stored material;
    B. discoloration;
    C. corrosion;
    D. bowing of pipe between supports;
    E. evidence of stored material seepage from valves or seals; and
    F. localized dead vegetation. 

                Tank/Surface Impoundment Inspection Log                 
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                                   Tank or SI#                          
            Inspector                              Date        Comments 
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1.8.1.2  Response Equipment Inspection

    Using the Emergency Response Equipment List provided in section 
1.3.2 of the response plan, describe each type of response 
equipment, checking for the following:

Response Equipment Checklist

    1. Inventory (item and quantity);
    2. Storage location;
    3. Accessibility (time to access and respond);
    4. Operational status/condition;
    5. Actual use/testing (last test date and frequency of testing); 
and
    6. Shelf life (present age, expected replacement date).

Please note any discrepancies between this list and the available 
response equipment.

                                        Response Equipment Inspection Log                                       
                             [Use section 1.3.2 of the response plan as a checklist]                            
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             Inspector                                Date                                Comments              
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1.8.1.3  Secondary Containment Inspection

    Inspect the secondary containment (as described in sections 
1.4.1 and 1.7.2 of the response plan), checking the following:

Secondary Containment Checklist

1. Dike or berm system.
    A. Level of precipitation in dike/available capacity;
    B. Operational status of drainage valves;
    C. Dike or berm permeability;
    D. Debris;
    E. Erosion;
    F. Permeability of the earthen floor of diked area; and
    G. Location/status of pipes, inlets, drainage beneath tanks, 
etc.
2. Secondary containment
    A. Cracks;
    B. Discoloration;
    C. Presence of spilled or leaked material (standing liquid);
    D. Corrosion; and
    E. Valve conditions.
3. Retention and drainage ponds
    A. Erosion;
    B. Available capacity;
    C. Presence of spilled or leaked material;
    D. Debris; and
    E. Stressed vegetation.

During inspection, make note of discrepancies in any of the above 
mentioned items, and report them immediately to the proper facility 
personnel. Similar requirements exist in 40 CFR 112.7(e). Duplicate 
information from the SPCC Plan may be photocopied and inserted in this 
section.

1.8.2  Facility Drills/Exercises

    (A) CWA section 311(j)(5), as amended by OPA, requires the 
response plan to contain a description of facility drills/exercises. 
According to 40 CFR 112.21(c), the facility owner or operator shall 
develop a program of facility response drills/exercises, including 
evaluation procedures. Following the PREP guidelines (see Appendix E 
to this part, section 10, for availability) would satisfy a 
facility's requirements for drills/exercises under this part. 
Alternately, under Sec. 112.21(c), a facility owner or operator may 
develop a program that is not based on the PREP guidelines. Such a 
program is subject to approval by the Regional Administrator based 
on the description of the program provided in the response plan.
    (B) The PREP Guidelines specify that the facility conduct 
internal and external drills/exercises. The internal exercises 
include: qualified individual notification drills, spill management 
team tabletop exercises, equipment deployment exercises, and 
unannounced exercises. External exercises include Area Exercises. 
Credit for an Area or Facility-specific Exercise will be given to 
the facility for an actual response to a spill in the area if the 
plan was utilized for response to the spill and the objectives of 
the Exercise were met and were properly evaluated, documented and 
self-certified.
    (C) Section 112.20(h)(8)(ii) requires the facility owner or 
operator to provide a description of the drill/exercise program to 
be carried out under the response plan. Qualified Individual 
Notification Drill and Spill Management Team Tabletop Drill logs 
shall be provided in sections 1.8.2.1 and 1.8.2.2, respectively. 
These logs may be included in the facility response plan or kept as 
an annex to the facility response plan. See section 1.3.3 of this 
appendix for Equipment Deployment Drill Logs.

1.8.2.1  Qualified Individual Notification Drill Logs Qualified 
Individual Notification Drill Log

Date:------------------------------------------------------------------
Company:---------------------------------------------------------------
Qualified Individual(s):-----------------------------------------------
Emergency Scenario:----------------------------------------------------
----------------------------------------------------------------------
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Evaluation:------------------------------------------------------------
----------------------------------------------------------------------
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Changes to be Implemented:---------------------------------------------
----------------------------------------------------------------------
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Time Table for Implementation:-----------------------------------------
----------------------------------------------------------------------

1.8.2.2  Spill Management Team Tabletop Exercise Logs Spill 
Management Team Tabletop Exercise Log

Date:------------------------------------------------------------------
Company:---------------------------------------------------------------
Qualified Individual(s):-----------------------------------------------
Emergency Scenario:----------------------------------------------------
----------------------------------------------------------------------
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Evaluation:------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
Changes to be Implemented:---------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
Time Table for Implementation:-----------------------------------------

1.8.3  Response Training

    Section 112.21(a) requires facility owners or operators to 
develop programs for facility response training. Facility owners or 
operators are required by Sec. 112.20(h)(8)(iii) to provide a 
description of the response training program to be carried out under 
the response plan. A facility's training program can be based on the 
USCG's Training Elements for Oil Spill Response, to the extent 
applicable to facility operations, or another response training 
program acceptable to the RA. The training elements are available 
from Petty Officer Daniel Caras at (202) 267-6570 or fax 267-4085/
4065. Personnel response training logs and discharge prevention 
meeting logs shall be included in sections 1.8.3.1 and 1.8.3.2 of 
the response plan respectively. These logs may be included in the 
facility response plan or kept as an annex to the facility response 
plan.

1.8.3.1  Personnel Response Training Logs 

                    Personnel Response Training Log                     
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                                                   Prevention training/ 
         Name             Response training/date    date and number of  
                           and number of hours             hours        
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1.8.3.2  Discharge Prevention Meetings Logs

Discharge Prevention Meeting Log

Date:------------------------------------------------------------------

Attendees:-------------------------------------------------------------

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     Subject/issue                                                      
      identified             Required action        Implementation date 
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1.9  Diagrams

    The facility-specific response plan shall include the following 
diagrams. Additional diagrams that would aid in the development of 
response plan sections may also be included.

(1) The Site Plan Diagram shall, as appropriate, include and 
identify:
    (A) the entire facility to scale;
    (B) above and below ground bulk oil storage tanks;
    (C) the contents and capacities of bulk oil storage tanks;
    (D) the contents and capacity of drum oil storage areas;
    (E) the contents and capacities of surface impoundments;
    (F) process buildings;
    (G) transfer areas;
    (H) secondary containment systems (location and capacity);
    (I) structures where hazardous materials are stored or handled, 
including materials stored and capacity of storage;
    (J) location of communication and emergency response equipment;
    (K) location of electrical equipment which contains oil; and
    (L) for complexes only, the interface(s) (i.e., valve or 
component) between the portion of the facility regulated by EPA and 
the portion(s) regulated by other Agencies. In most cases, this 
interface is defined as the last valve inside secondary containment 
before piping leaves the secondary containment area to connect to 
the transportation-related portion of the facility (i.e., the 
structure used or intended to be used to transfer oil to or from a 
vessel or pipeline). In the absence of secondary containment, this 
interface is the valve manifold adjacent to the tank nearest the 
transfer structure as described above. The interface may be defined 
differently at a specific facility if agreed to by the RA and the 
appropriate Federal official.
(2) The Site Drainage Plan Diagram shall, as appropriate, include:
    (A) major sanitary and storm sewers, manholes, and drains;
    (B) weirs and shut-off valves;
    (C) surface water receiving streams;
    (D) fire fighting water sources;
    (E) other utilities;
    (F) response personnel ingress and egress;
    (G) response equipment transportation routes; and
    (H) direction of spill flow from discharge points.
(3) The Site Evacuation Plan Diagram shall, as appropriate, include:
    (A) site plan diagram with evacuation route(s); and
    (B) location of evacuation regrouping areas.

1.10  Security

    According to 40 CFR 112.7(e)(9), facilities are required to 
maintain a certain level of security, as appropriate. In this 
section, a description of the facility security shall be provided 
and include, as appropriate:

(1) emergency cut-off locations (automatic or manual valves);
(2) enclosures (e.g., fencing, etc.);
(3) guards and their duties, day and night;
(4) lighting;
(5) valve and pump locks; and
(6) pipeline connection caps.

The SPCC Plan contains similar information. Duplicate information 
may be photocopied and inserted in this section.

2.0  Response Plan Cover Sheet

    A three-page form has been developed to be completed and 
submitted to the RA by owners or operators who are required to 
prepare and submit a facility-specific response plan. The cover 
sheet (Attachment F-1) must accompany the response plan to provide 
the Agency with basic information concerning the facility. This 
section will describe the Response Plan Cover Sheet and provide 
instructions for its completion.

2.1  Page One--General Information

    Owner/Operator of Facility: Enter the name of the owner of the 
facility (if the owner is the operator). Enter the operator of the 
facility if otherwise. If the owner/operator of the facility is a 
corporation, enter the name of the facility's principal corporate 
executive. Enter as much of the name as will fit in each section.
    (1) Facility Name: Enter the proper name of the facility.
    (2) Facility Address: Enter the street address, city, State, and 
zip code.
    (3) Facility Phone Number: Enter the phone number of the 
facility.
    (4) Latitude and Longitude: Enter the facility latitude and 
longitude in degrees, minutes, and seconds.
    (5) Dun and Bradstreet Number: Enter the facility's Dun and 
Bradstreet number if available (this information may be obtained 
from public library resources).
    (6) Standard Industrial Classification (SIC) Code: Enter the 
facility's SIC code as determined by the Office of Management and 
Budget (this information may be obtained from public library 
resources).
    (7) Largest Oil Storage Tank Capacity: Enter the capacity in 
GALLONS of the largest aboveground oil storage tank at the facility.
    (8) Maximum Oil Storage Capacity: Enter the total maximum 
capacity in GALLONS of all aboveground oil storage tanks at the 
facility.
    (9) Number of Oil Storage Tanks: Enter the number of all 
aboveground oil storage tanks at the facility.
    (10) Worst Case Discharge Amount: Using information from the 
worksheets in Appendix D, enter the amount of the worst case 
discharge in GALLONS.
    (11) Facility Distance to Navigable Waters: Mark the appropriate 
line for the nearest distance between an opportunity for discharge 
(i.e., oil storage tank, piping, or flowline) and a navigable water.

2.2  Page Two--Applicability of Substantial Harm Criteria

    Using the flowchart provided in Attachment C-I to Appendix C to 
this part, mark the appropriate answer to each question. 
Explanations of referenced terms can be found in Appendix C to this 
part. If a comparable formula to the ones described in Attachment C-
III to Appendix C to this part is used to calculate the planning 
distance, documentation of the reliability and analytical soundness 
of the formula must be attached to the response plan cover sheet.

2.3  Page Three--Certification

    Complete this block after all other questions have been 
answered.

3.0  Acronyms

ACP: Area Contingency Plan
ASTM: American Society of Testing Materials
bbls: Barrels
bpd: Barrels per Day
bph: Barrels per Hour
CHRIS: Chemical Hazards Response Information System
CWA: Clean Water Act
DOI: Department of Interior
DOC: Department of Commerce
DOT: Department of Transportation
EPA: Environmental Protection Agency
FEMA: Federal Emergency Management Agency
FR: Federal Register
gal: Gallons
gpm: Gallons per Minute
HAZMAT: Hazardous Materials
LEPC: Local Emergency Planning Committee
MMS: Minerals Management Service (part of DOI)
NCP: National Oil and Hazardous Substances Pollution Contingency 
Plan
NOAA: National Oceanic and Atmospheric Administration (part of DOC)
NRC: National Response Center
NRT: National Response Team
OPA: Oil Pollution Act of 1990
OSC: On-Scene Coordinator
PREP: National Preparedness for Response Exercise Program
RA: Regional Administrator
RCRA: Resource Conservation and Recovery Act
RRC: Regional Response Centers
RRT: Regional Response Team
RSPA: Research and Special Programs Administration
SARA: Superfund Amendments and Reauthorization Act
SERC: State Emergency Response Commission
SDWA: Safe Drinking Water Act of 1986
SI: Surface Impoundment
SIC: Standard Industrial Classification
SPCC: Spill Prevention, Control, and Countermeasures
USCG: United States Coast Guard

4.0  References

    CONCAWE. 1982. Methodologies for Hazard Analysis and Risk 
Assessment in the Petroleum Refining and Storage Industry. Prepared 
by CONCAWE's Risk Assessment Ad-hoc Group.
    U.S. Department of Housing and Urban Development. 1987. Siting 
of HUD-Assisted Projects Near Hazardous Facilities: Acceptable 
Separation Distances from Explosive and Flammable Hazards. Prepared 
by the Office of Environment and Energy, Environmental Planning 
Division, Department of Housing and Urban Development. Washington, 
DC.
    U.S. DOT, FEMA and U.S. EPA. Handbook of Chemical Hazard 
Analysis Procedures.
    U.S. DOT, FEMA and U.S. EPA. Technical Guidance for Hazards 
Analysis: Emergency Planning for Extremely Hazardous Substances.
    The National Response Team. 1987. Hazardous Materials Emergency 
Planning Guide. Washington, DC.
    The National Response Team. 1990. Oil Spill Contingency 
Planning, National Status: A Report to the President. Washington, 
DC. U.S. Government Printing Office.
    Offshore Inspection and Enforcement Division. 1988. Minerals 
Management Service, Offshore Inspection Program: National Potential 
Incident of Noncompliance (PINC) List. Reston, VA.

Attachments to Appendix F

Attachment F-1--Response Plan Cover Sheet

    This cover sheet will provide EPA with basic information 
concerning the facility. It must accompany a submitted facility 
response plan. Explanations and detailed instructions can be found 
in Appendix F. Please type or write legibly in blue or black ink. 
Public reporting burden for the collection of this information is 
estimated to vary from 1 hour to 270 hours per response in the first 
year, with an average of 5 hours per response. This estimate 
includes time for reviewing instructions, searching existing data 
sources, gathering the data needed, and completing and reviewing the 
collection of information. Send comments regarding the burden 
estimate of this information, including suggestions for reducing 
this burden to: Chief, Information Policy Branch, PM-223, U.S. 
Environmental Protection Agency, 401 M St., SW., Washington, D.C. 
20460; and to the Office of Information and Regulatory Affairs, 
Office of Management and Budget, Washington D.C. 20503.

General Information

Owner/Operator of Facility:
-----------------------------------------------------------------------

Facility Name:---------------------------------------------------------
Facility Address (street address or route):
-----------------------------------------------------------------------

----------------------------------------------------------------------

City, State, and U.S. Zip Code:
-----------------------------------------------------------------------

Facility Phone No.:----------------------------------------------------

Latitude (Degrees: North):

----------------------------------------------------------------------
degrees, minutes, seconds

Dun & Bradstreet Number:\1\

    \1\These numbers may be obtained from public library resources.
---------------------------------------------------------------------------

----------------------------------------------------------------------

Largest Aboveground Oil Storage Tank Capacity (Gallons):

----------------------------------------------------------------------

Number of Aboveground Oil Storage Tanks:

----------------------------------------------------------------------
Longitude (Degrees: West):

----------------------------------------------------------------------
degrees, minutes, seconds----------------------------------------------

Standard Industrial Classification (SIC) Code:\1\----------------------

----------------------------------------------------------------------

Maximum Oil Storage Capacity (Gallons):--------------------------------

Worst Case Oil Discharge Amount (Gallons):-----------------------------

Facility Distance to Navigable Water. Mark the appropriate line.-------
0-\1/4\ mile ____ \1/4\-\1/2\ mile ____ \1/2\-1 mile ____ >1 mile 
____

Applicability of Substantial Harm Criteria

    Does the facility transfer oil over-water\2\ to or from vessels 
and does the facility have a total oil storage capacity greater than 
or equal to 42,000 gallons?

    \2\Explanations of the above-referenced terms can be found in 
Appendix C to this part. If a comparable formula to the ones 
contained in Attachment C-III is used to establish the appropriate 
distance to fish and wildlife and sensitive environments or public 
drinking water intakes, documentation of the reliability and 
---------------------------------------------------------------------------
analytical soundness of the formula must be attached to this form.

---------------------------------------------------------------------------
Yes--------------------------------------------------------------------

No---------------------------------------------------------------------

    Does the facility have a total oil storage capacity greater than 
or equal to 1 million gallons and, within any storage area, does the 
facility lack secondary containment\2\ that is sufficiently large to 
contain the capacity of the largest aboveground oil storage tank 
plus sufficient freeboard to allow for precipitation?

Yes--------------------------------------------------------------------

No---------------------------------------------------------------------
    Does the facility have a total oil storage capacity greater than 
or equal to 1 million gallons and is the facility located at a 
distance\2\ (as calculated using the appropriate formula in Appendix 
C or a comparable formula) such that a discharge from the facility 
could cause injury to fish and wildlife and sensitive 
environments?\3\

    \3\For further description of fish and wildlife and sensitive 
environments, see Appendices I, II, and III to DOC/NOAA's ``Guidance 
for Facility and Vessel Response Plans: Fish and Wildlife and 
Sensitive Environments'' (see Appendix E to this part, section 10, 
---------------------------------------------------------------------------
for availability) and the applicable ACP.

---------------------------------------------------------------------------
Yes--------------------------------------------------------------------

No---------------------------------------------------------------------

Does the facility have a total oil storage capacity greater than or 
equal to 1 million gallons and is the facility located at a distance\2\ 
(as calculated using the appropriate formula in Appendix C or a 
comparable formula) such that a discharge from the facility would shut 
down a public drinking water intake?\2\--------------------------------

Yes--------------------------------------------------------------------

No---------------------------------------------------------------------

    Does the facility have a total oil storage capacity greater than 
or equal to 1 million gallons and has the facility experienced a 
reportable oil spill\2\ in an amount greater than or equal to 10,000 
gallons within the last 5 years?

Yes--------------------------------------------------------------------

No---------------------------------------------------------------------

Certification

    I certify under penalty of law that I have personally examined 
and am familiar with the information submitted in this document, and 
that based on my inquiry of those individuals responsible for 
obtaining information, I believe that the submitted information is 
true, accurate, and complete.

Signature:-------------------------------------------------------------

Name (Please type or print):-------------------------------------------

----------------------------------------------------------------------

Title:-----------------------------------------------------------------

Date:------------------------------------------------------------------
[FR Doc. 94-15404 Filed 6-30-94; 8:45 am]
BILLING CODE 6560-50-P