[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Proposed Rules]
[Pages 3177-3184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-802]



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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 254

RIN 1010-AB81


Response Plans for Facilities Seaward of the Coast Line

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposed rule to implement the Oil Pollution Act of 1990 
(OPA) would establish requirements for spill-response plans for oil 
handling facilities seaward of the coast line, including associated 
pipelines. The proposed rule provides guidance to owners and operators 
for preparing and submitting these spill-response plans.

DATES: Comments must be received or postmarked by March 14, 1995.

ADDRESSES: All comments concerning this proposed rule should be mailed 
or hand-carried to the Minerals Management Service, Mail Stop 4700; 381 
Elden Street; Herndon, Virginia 22070-4817, Attention: Chief, 
Engineering and Standards Branch.

FOR FURTHER INFORMATION CONTACT:
John V. Mirabella or Lawrence Ake, Engineering and Standards Branch, 
telephone (703) 787-1600.

SUPPLEMENTARY INFORMATION: In August 1990, Congress passed the OPA 
containing various provisions to strengthen oil-spill prevention 
efforts and oil-spill response capability. The OPA included amendments 
to section 311 of the Federal Water Pollution Control Act (FWPCA). The 
President signed Executive Order (E.O.) 12777 on October 18, 1991 (56 
FR 54757), to implement these new authorities. Section 2(b)(3) of E.O. 
12777 delegated to the Secretary of the Interior (Secretary) those 
responsibilities under section 311(j)(1)(C) of the FWPCA, requiring the 
Secretary to establish procedures, methods, and requirements for 
equipment to prevent and contain discharges of oil and hazardous 
substances from offshore facilities, including associated pipelines. 
Under section 2(d)(3) of E.O. 12777, section 311(j)(5) of FWPCA, and 
section 4202(b)(4) of OPA, the Secretary is required to issue 
regulations requiring the owners or operators of offshore facilities, 
including associated pipelines, to prepare and submit response plans 
that ensure the availability of private spill-response personnel and 
equipment and to permit the operation of offshore facilities, including 
associated pipelines, without approved response plans if certain 
conditions are met. Under section 2(e)(3) of E.O. 12777 and section 
311(j)(6)(A) of FWPCA, the Secretary must require periodic inspections 
of containment booms and equipment used to remove discharges at 
offshore facilities, including associated pipelines. The Secretary has 
redelegated these responsibilities to the Director, MMS.
    Under OPA and E.O. 12777, MMS is to administer these new 
requirements for all ``offshore'' facilities in, on, or under coastal 
waters of the territorial sea, rivers, lakes, and other navigable 
waters within the States and Territories of the United States or 
otherwise subject to U.S. jurisdiction including State submerged lands. 
The MMS negotiated a redelegation of its responsibilities for 
``offshore'' facilities located landward of the coast line to other 
Federal agencies with existing inland regulatory capabilities and 
responsibilities. This redelegation was published in the Federal 
Register on February 28, 1994 (59 FR 9494). Accordingly, this proposed 
rule addresses only facilities seaward of the coast line.
    The MMS believes that adequate spill-prevention regulations meeting 
the requirements of OPA currently exist for facilities in the Outer 
Continental Shelf (OCS) at 30 CFR part 250. In addition, all States 
with facilities seaward of the coast line have existing programs to 
prevent spills. For these reasons, MMS does not propose regulations to 
implement the spill-prevention requirements of section 311(j)(1)(c) of 
the FWPCA at this time. The proposed rule requires that plan submitters 
provide information on the prevention methods they must utilize during 
operations in State waters.
    The MMS will work with States on compatible spill-prevention rules 
for facilities in State waters seaward of the coast line. The MMS has 
executed a Memorandum of Understanding (MOU) with the State of Texas 
General Land Office and is discussing MOU's with the States of Alaska, 
California, and Louisiana. Further coordination is planned with States 
to ensure that regulations are compatible. Commenters are urged to 
provide comments on the types of prevention rules that should be 
required.
    During the preparation of this notice of proposed rulemaking, MMS 
participated with three other Federal agencies in the drafting of the 
National Preparedness for Response Exercise Program (PREP). The 
agencies (U.S. Coast Guard, Environmental Protection Agency, Research 
and Special Projects [[Page 3178]] Administration, and MMS) worked with 
States and private industry to develop guidelines for spill-response 
exercises that would meet the requirements of OPA. The drill 
requirements set forth in this document parallel the PREP guidelines. 
The MMS has determined that the proposed requirements for tabletop 
drills for the spill management team satisfy the purpose and goal of 
the act's requirement that the response plan describe the periodic 
unannounced drills to be carried out under the plan. The tabletop 
exercises will drill owner or operator personnel who make decisions and 
organize the response to a spill. These personnel must be drilled using 
a spill scenario that is unannounced prior to the drill. The MMS will 
also periodically initiate unannounced drills to test the preparedness 
of owners and operators.
    The MMS published an advance notice of proposed rulemaking (ANPR) 
in the Federal Register on August 12, 1992 (57 FR 36032), soliciting 
comments through September 28, 1992. In the ANPR, MMS presented four 
optional methods for developing these new rules and solicited comments 
on the four options. The MMS received 48 comments from various 
individual companies and trade associations within the offshore 
petroleum industry, support contractors, State and local governments, 
and Federal agencies.
    The MMS developed this proposed rule taking into account the 
comments received on the ANPR and the experience gained in developing 
and implementing the interim final rule at 30 CFR part 254. The interim 
final rule, covering only the spill-response portion of MMS's new 
authorities, and only facilities located in the OCS or in the 
territorial sea, was published in the Federal Register on February 8, 
1993. The MMS is interested in receiving comments from all interested 
parties and especially those who have experience in developing spill-
response plans in response to the interim final rule.
    The MMS plans no public hearing at this time. Persons wishing to 
request a public hearing should make a request by writing to MMS at the 
address provided above. If a public hearing will aid in the development 
of a final rule, the date and time of the public hearing will be 
announced in the Federal Register.
    Author: This document was prepared by Lawrence Ake, Engineering and 
Technology Division, MMS.

E.O. 12866

    This proposed rule was reviewed under E.O. 12866. The proposed rule 
was determined to not be a significant rule under the criteria of E.O. 
12866.

Regulatory Flexibility Act

    The Department of the Interior (DOI) has determined that this 
proposed rule will not have a significant effect on a substantial 
number of small entities. In general, the entities that engage in 
offshore oil and gas activities are not considered small due to the 
technical and financial resources and experience necessary to safely 
conduct such activities.

Paperwork Reduction Act

    The collection of information contained in this proposed rule has 
been approved by to the Office of Management and Budget (OMB) as 
required by 44 U.S.C. 3501 et seq. The collection of this information 
has been assigned OMB clearance number 1010-0091.
    Public reporting burden for this collection of information is 
estimated to average 106.5 hours per response, including time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing the burden, to the Information Collection 
Clearance Officer; Minerals Management Service; Mail Stop 2053; 381 
Elden Street; Herndon, Virginia 22070-4817 and the Office of Management 
and Budget; Paperwork Reduction Project (1010-0091); Washington, DC 
20503.

Takings Implication Assessment

    The DOI certifies that the proposed rule does not represent a 
governmental action capable of interference with constitutionally 
protected property rights. Thus, a Takings Implication Assessment need 
not be prepared pursuant to E.O. 12630.

E.O. 12778

    The DOI has certified to OMB that these proposed regulations meet 
the applicable standards provided in sections 2(a) and 2(b)(2) of E.O. 
12778.

National Environmental Policy Act

    The DOI has determined that this action does not constitute a major 
Federal action affecting the quality of the human environment; 
therefore, preparation of an Environmental Impact Statement is not 
required.

List of Subjects in 30 CFR Part 254

    Continental shelf, Environmental protection, Oil and gas 
development and production, Oil and gas exploration, Oil pollution, 
Pipelines.

    Dated: November 1, 1994.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.

    For the reasons set forth in the preamble, 30 CFR part 254 is 
proposed to be revised as follows:

PART 254--RESPONSE PLANS FOR FACILITIES LOCATED SEAWARD OF THE 
COAST LINE

Sec.
254.0  Authority for information collection.
254.1  Purpose and implementation.
254.2  Definitions.
254.3  General requirements.
254.4  Submission of information.
254.5  Response plans for Outer Continental Shelf (OCS) facilities.
254.6  Worst case discharge.
254.7  Determining response equipment capacities.
254.8  Training.
254.9  Drills.
254.10  Maintenance and periodic inspection of equipment.
254.11  Equipment performance testing.
254.12  Notification requirements.
254.13  Plan revision and resubmission.
254.14  Response plans for facilities in State waters located 
seaward of the coast line.
254.15  Approval of plans.

    Authority: 33 U.S.C. 1321.


Sec. 254.0  Authority for information collection.

    The information collection requirements in 30 CFR part 254 have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned clearance number 1010-0091. The information 
is being collected to inform the Minerals Management Service (MMS) of 
owner, operator, and lessee preparations for response to potential 
pollution of the offshore environment. The requirement to respond is 
mandatory. The public reporting burden for this collection of 
information is estimated to average 106.5 hours per response, including 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding the burdens 
indicated for a specific information collection or any other aspect of 
the collection of information pursuant to the provisions of this part, 
including suggestions for reducing the burden, to the Information 
Collection Clearance Officer; Minerals Management Service; 
[[Page 3179]] Mail Stop 2053; 381 Elden Street; Herndon, Virginia 
22070-4817 and the Office of Management and Budget; Paperwork Reduction 
Project (1010-0091); Washington, DC 20503.


Sec. 254.1  Purpose and implementation.

    (a) With this part, MMS establishes requirements for spill-response 
plans for facilities located seaward of the coast line, including those 
facilities in State water located seaward of the coast line. Each owner 
or operator of a facility located seaward of the coast line must have a 
spill-response plan that covers each facility.
    (b) The provisions of the plan must be carried out whenever there 
is a release of oil or a hazardous substance into waters adjacent to 
the facility. If there is a spill, a designated qualified individual 
must immediately initiate actions described under the plan.
    (c) No facility located seaward of the coast line may be used to 
handle, store, or transport oil unless a response plan has been 
submitted and approved, and the facility is being operated in 
compliance with the plan. Owners and operators of abandoned facilities 
must maintain a current response plan until the facility is physically 
removed or dismantled and the Regional Supervisor provides written 
notice that a response plan is no longer required.
    (d) Notwithstanding the provisions of paragraph (c) of this 
section, a facility may continue to be used to handle, store, or 
transport oil for 2 years after the date of submission of a response 
plan, pending approval of the plan. In order to continue to operate a 
facility without an approved plan, the facility owner or operator must 
certify in writing to the Regional Supervisor that he has ensured by 
contract the availability of private personnel and equipment necessary 
to respond, to the maximum extent practicable, to a worst case 
discharge. A copy of the contract(s) must accompany the certification.
    (e) Owners or operators with spill-response plans currently 
approved by MMS must submit the information to comply with this part 
when submitting the first required annual update after [the effective 
date of the final rule]. The Regional Supervisor may extend this 
deadline up to 90 days upon request.
    (f) Nothing in this section shall relieve the owner or operator 
from taking all appropriate actions necessary to immediately abate, 
contain, and remove any oil or hazardous substance spill.


Sec. 254.2  Definitions.

    For the purposes of this part:
    Adverse weather conditions means weather conditions that make it 
difficult for response equipment and personnel to clean up or remove 
spilled oil or hazardous substances. These include, but are not limited 
to: fog, inhospitable water and air temperatures, wind, sea ice, 
current, and sea states.
    Area Contingency Plan means the Area Contingency Plan prepared and 
published under section 311(j) of the Federal Water Pollution Control 
Act (FWPCA), as amended by the Oil Pollution Act of 1990 (OPA).
    Coast line means 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.
    Facility means any structure, group of structures, equipment, or 
device (other than a vessel) which is used for one or more of the 
following purposes: exploring for, drilling for, producing, storing, 
handling, transferring, processing, or transporting oil. The term 
excludes deepwater ports and their associated pipelines as defined by 
the Deepwater Port Act of 1974 but includes other pipelines used for 
one or more of these purposes.
    Hazardous substance means any substance designated pursuant to 
section 1321(b)(2)(A) of the FWPCA as amended and listed at 40 CFR 
116.4.
    Maximum extent practicable means the limits of available 
technology, as well as the practical limits of personnel, to respond to 
a worst case discharge in adverse weather.
    Mobile Offshore Drilling Unit (MODU) means a vessel capable of 
engaging in drilling operations for the exploration or exploitation of 
subsea resources of oil, gas, or minerals. An MODU is classified as a 
facility when engaged in drilling or downhole operations.
    National Contingency Plan means the National Oil and Hazardous 
Substances Pollution Contingency Plan prepared and published under 
section 311(d) of the FWPCA, as amended by OPA, (33 U.S.C. 1321(d)) or 
revised under section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (42 U.S.C. 9605).
    Oil means hydrocarbons produced at the wellhead in liquid form 
(includes distillates or condensate associated with produced natural 
gas), as well as oil of any kind or in any form, including but not 
limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with 
wastes other than dredged spoil.
    Oil spill removal organization (OSRO) means an entity contracted by 
an owner or operator to provide spill-response equipment and/or 
manpower in the event of an oil or hazardous substance spill.
    Outer Continental Shelf means all submerged lands lying seaward and 
outside of the area of lands beneath navigable waters as defined in 
section 2 of the Submerged Lands Act (43 U.S.C. 1301) and of which the 
subsoil and seabed appertain to the United States and are subject to 
its jurisdiction and control.
    Owner or operator means the individual, partnership, firm, or 
corporation having ownership, control, or management of operations on 
the leased or permitted area where the facility is located or the 
holder of a pipeline right-of-way or a right of use and easement 
granted under applicable State law or the OCS Lands Act, as amended, 
for the area in which the facility is located.
    Pipeline means pipe and any associated equipment, appurtenance, or 
building used or intended for use in the transportation of oil located 
seaward of the coast line, except those used for deepwater ports. 
Pipelines do not include vessels such as barges or shuttle tankers used 
to transport oil from facilities located seaward of the coast line.
    Qualified individual means a person identified in the response plan 
who has the responsibility and authority to initiate spill cleanup 
operations, obligate funds to carry out response activities, and act as 
liaison with the predesignated Federal On-Scene Coordinator. The 
qualified individual is a member of the spill management team.
    Regional Supervisor means the MMS officer with responsibility and 
authority for operations or other designated program functions within 
an MMS Region.
    Spill management team means the persons identified in a response 
plan who staff the organizational structure to manage spill response 
implementation.
    Spill response operating team means persons who respond to spills 
through deployment and operation of oil-spill response equipment.
    State waters located seaward of the coast line means the belt of 
the seas measured from the coast line and extending seaward a distance 
of 3 miles (except for the coast of Texas and the Gulf coast of 
Florida, where the State waters extend seaward a distance of 3 
leagues). Exceptions to this definition may be negotiated between 
Federal agencies for the purpose of efficient use of Federal regulatory 
resources. Affected owners or operators will be notified in writing of 
any such exceptions.


Sec. 254.3  General requirements.

    (a) When compliance by an owner or operator is required, such 
compliance [[Page 3180]] may be achieved by a facility owner, a Federal 
or State lessee or permittee, by an operator on behalf of a lessee or 
permittee, by a pipeline right-of-way holder, or by a holder of a right 
of use and easement.
    (b) An owner or operator submitting a response plan under this part 
must develop a plan that is consistent with the National Contingency 
Plan and the appropriate Area Contingency Plan(s). Information 
contained in either the national plan or the appropriate area plan may 
be referenced for inclusion in the response plan.
    (c) The response plan may be for a single lease or facility, or for 
a group or groups of leases or facilities of an owner or operator, 
including affiliates which are located in the same Region (Regional 
Response Plan). The plan shall cover MODU's engaged in drilling and 
other downhole activities on an included lease.
    (1) Regional response plans must contain all the elements required 
of a response plan written for a facility as described in Sec. 254.5 or 
Sec. 254.14 of this part.
    (2) Regional response plans may group facilities or pipelines for 
the purpose of calculating response times, quantities of response 
equipment, and developing worst case spill scenarios, as approved by 
the Regional Supervisor.
    (3) Additional requirements for regional response plans may be 
specified by the Regional Supervisor.
    (d) The plan must provide for response to an oil spill and a spill 
of other hazardous substances present at the facility.
    (e) Owners or operators of pipeline facilities located seaward of 
the coast line which transport oil or transport condensate that has 
been separated from a gas prior to injection into a pipeline must 
prepare spill-response plans in accordance with this part.
    (1) The plan shall conform to the provisions of Sec. 254.5 of this 
part for pipelines located in the OCS and Sec. 254.14 for pipelines 
located in State waters.
    (2) Reserved.
    (f) The contents required for each section and subsection of the 
plan are set forth in 30 CFR 254.5 and 254.14, as appropriate.
    (g) Owners or operators of facilities submitting response plans to 
MMS for approval must submit the number of copies of the plan required 
by the regional office to the appropriate address provided in 
Sec. 254.4.


Sec. 254.4   Submitting information.

    Information submitted under this section should be sent to the 
appropriate MMS regional office at the address in this section:
    (a) Send documentation for facilities located seaward of the coast 
line of Alaska to: Minerals Management Service, Regional Supervisor, 
Field Operations, Alaska OCS Region, 949 East 36th Avenue, Anchorage, 
AK 99508-4302.
    (b) Send documentation for facilities in the Gulf of Mexico or 
Atlantic Ocean to: Minerals Management Service, Regional Supervisor, 
Field Operations, Gulf of Mexico OCS Region, 1201 Elmwood Park 
Boulevard, New Orleans, LA 70123-2394.
    (c) Send documentation for facilities in the Pacific Ocean (except 
seaward of the coast line of Alaska) to: Minerals Management Service, 
Regional Supervisor, Field Operations, Pacific OCS Region, 770 Paseo 
Camarillo, Camarillo, CA 93010-6064.


Sec. 254.5   Response plans for Outer Continental Shelf (OCS) 
facilities.

    Owners or operators of OCS facilities must develop, submit, and 
maintain a spill-response plan that demonstrates an ability to respond 
quickly and effectively whenever oil or hazardous substances are 
discharged as a result of their activities. The response plan must be 
prepared in accordance with the following:
    (a) A response plan must be divided into the sections listed in 
this paragraph. It must also have some easily found marker identifying 
each section listed in this paragraph. Alternative formats and contents 
are allowed if the owner or operator can demonstrate to the Regional 
Supervisor that they provide for equal or greater levels of 
preparedness.
    (1) Introduction and plan contents.
    (2) Emergency response action plan.
    (3) Spill scenarios.
    (4) Training and drills.
    (5) Plan review and update procedures.
    (6) Appendices:
    (i) Equipment inventories.
    (ii) Contractual agreements.
    (iii) Dispersant use plan.
    (iv) In situ burning plan.
    (b) For both initial and subsequent submissions, a response plan 
that does not follow the format specified in paragraph (a) of this 
section must be supplemented with a cross-reference table to identify 
the location of the applicable sections.
    (c) (1) The introduction and plan contents section must provide:
    (i) A map showing the location of each facility covered by the plan 
and a description of each facility;
    (ii) A table of contents;
    (iii) A record of changes to record information on plan updates; 
and
    (iv) A cross-reference table, if needed.
    (2) The emergency response action plan section must include:
    (i) Designation, by name or position, of a trained spill management 
team available on a 24-hour basis. The team must include, as a minimum, 
a trained qualified individual and alternate who is charged with the 
responsibility and is delegated authority for directing and 
coordinating response operations. A description of the responsibilities 
and authorities of each member of the spill management team shall be 
set forth with specificity.
    (ii) Designation, by name or position, of a spill response 
operating team comprised of trained personnel available on a 24-hour 
basis and able to respond within a reasonable minimum specified time.
    (iii) A planned location for a spill response operations center and 
provisions for primary and alternate communications systems for 
directing the coordinated overall response operations. Telephone and 
facsimile numbers should be provided and, if appropriate, the primary 
and secondary radio frequencies that will be used.
    (iv) Procedures for the early detection of a spill and a discussion 
of prioritized procedures that facility personnel must use to mitigate 
or prevent a discharge or threat of a discharge of oil or a hazardous 
substance including emergency situations such as an explosion or fire.
    (v) Notification procedures, including a current list of names, 
telephone numbers (including facsimile numbers if applicable), and 
addresses of the following: the qualified individual and alternate who 
are to receive notification of a spill; other spill response management 
team members; the OSRO's that the plan cites; the Federal, State, and 
local regulatory agencies that should be consulted to obtain site 
specific environmental information; and the Federal, State, and local 
regulatory agencies that are to be notified when a spill of oil or a 
hazardous substance occurs or is discovered. Response personnel; 
appropriate Federal, State, and local officials; and the Regional 
Supervisor must be notified of spills within the timeframes specified 
in Sec. 254.12 of this part. The plan must provide for the use of the 
oil spill/hazardous substance reporting forms included in the Area 
Contingency Plan.
    (vi) Identification of response equipment, personnel, materials, 
support vessels, and procedures the operator will employ in response to 
any type of oil discharge, including [[Page 3181]] continuous oil 
discharges (including a worst case scenario as defined in 30 CFR 
254.6), and spills of short duration and limited maximum volume (e.g., 
tank overflows, hose failures). The plan must identify the location of 
all response equipment as well as the amount of time required to 
respond to a spill at the facility. Response equipment, vessels, and 
strategies identified in the plan must be suitable, within the limits 
of current technology, for the range of environmental conditions 
anticipated during operation of the facility, and identified personnel 
must be capable of operating response equipment.
    (A) Owners and operators must utilize standardized, defined terms 
when describing the capabilities of response equipment and the 
environmental conditions anticipated. An example of acceptable terms 
would be those defined in American Society for Testing of Materials 
(ASTM) publication F 625, ``Standard Practice for Describing 
Environmental Conditions Relevant to Spill Control Systems for Use on 
Water,'' and ASTM F 818, ``Standard Definitions of Terms Relating to 
Spill Response Barriers.''
    (B) The total distance of the facility from the response equipment 
storage area must be used to compute response times, as well as the 
time to secure auxiliary equipment such as workboats.
    (C) The effective daily recovery capacity of the equipment 
identified in the plan must be computed and identified and be 
sufficient to respond to the worst case spill scenario to the maximum 
extent practicable. Effective daily recovery capacities shall be 
computed using the methods described in Sec. 254.7 of this part.
    (D) Vessels or vessel types used to deploy response equipment must 
be capable of operating and safely deploying equipment in the 
environmental conditions in which the equipment will be used.
    (vii) Provisions for storage, transfer, and disposal of recovered 
oil, oil contaminated material, and other hazardous wastes.
    (viii) A listing of the types and characteristics of the oil and 
hazardous substances produced, handled, or stored at the facility.
    (3) The spill scenarios section must include:
    (i) Oil-spill trajectory analyses that are specific to the area of 
operations shall be referenced and summarized. Owners and operators 
must, as a minimum, use a trajectory analysis to determine the maximum 
distance from the facility that oil could move in 48 hours, based on a 
worst case discharge and credible adverse winds and currents over a 
range of seasons and weather conditions. Facilities located in OCS 
areas for which MMS prepared a lease sale Environmental Impact 
Statement (EIS) may, upon approval of the Regional Supervisor, 
reference and summarize the 3-day conditional probabilities for a 
hypothetical spill site in the EIS.
    (ii) Provisions for monitoring and predicting spill movement.
    (iii) A listing of areas of special economic or environmental 
importance potentially impacted by a spill and strategies to be used 
for their protection. As a minimum, the list must include those areas 
of special economic and environmental importance listed in the 
appropriate Area Contingency Plan.
    (A) A plan for protecting and minimizing the risk and damage to 
fish and wildlife resources that may be jeopardized by a spill. The 
plan shall include maps depicting protection strategies for areas 
identified as having special economic or environmental importance.
    (B) Reserved.
    (4) The training and drills section must include:
    (i) Training requirements for personnel in accordance with 
Sec. 254.8 of this part.
    (A) The response plan must identify the training provided to each 
individual having responsibility under the plan. The plan must 
designate a location where course completion certificates or attendance 
records for this training will be kept. All training certificates and 
attendance records must be made available to any authorized MMS 
representative upon request.
    (B) Reserved.
    (ii) Requirements for drills in accordance with Sec. 254.9 of this 
part.
    (5) The plan review and update procedures section must include the 
policies the lessee or operator will use to meet the requirements of 
Sec. 254.13 of this part.
    (6) Appendices must include:
    (i) Equipment inventories.
    (A) An inventory of spill-response equipment, materials, and 
supplies which are available locally and regionally.
    (B) Provisions for the inspection and maintenance of spill-response 
equipment in accordance with Sec. 254.10 of this part.
    (ii) Contractual agreements.
    (A) A copy of any written contractual agreements with any OSRO's or 
spill management team members not employees of the operator that are 
cited in the plan. The agreements must identify and include provisions 
for ensuring the availability of specified personnel and equipment 
within the response times specified under Sec. 254.5(c)(2)(vi).
    (B) Proof of active membership in any oil spill removal cooperative 
that is identified in the plan. If not provided elsewhere in the plan, 
this section must also provide documentation showing the personnel, 
equipment, response times, and services provided by the cooperative.
    (iii) Dispersant use plan. A dispersant use plan including an 
inventory and a location of the dispersants which might be proposed for 
use, a summary of toxicity data for each dispersant, a description of 
the types of oil on which each dispersant is effective, a description 
and location of application equipment, application procedures, and an 
outline of the procedures owners and operators must follow in obtaining 
approval for dispersant use. The dispersant use plan must be consistent 
with the dispersant use schedule of the National Contingency Plan and 
the appropriate Area Contingency Plan.
    (iv) In situ burning plan. Provisions for ignition of an oil spill 
and the guidelines for making the decision to ignite. Guidelines must 
consider circumstances in which in situ burning may be appropriate, 
safety of personnel and property, well control, availability of fire 
retardant boom, and environmental effects. The plan must identify an 
operator's representative who has the authority to authorize ignition.
    (v) Other information identified by the Regional Supervisor as 
needed or necessary for review and compliance.


Sec. 254.6  Worst case discharge.

    The plan must contain a detailed scenario of a worst case discharge 
from the facility in adverse weather conditions, including a discharge 
resulting from a fire or explosion. The calculations used and the 
assumptions made in determining the worst case discharge must be 
included in the plan. A spill-response plan must describe and quantify 
a worst case discharge as follows:
    (a) For an oil production platform facility, the plan will describe 
the worst case discharge as a summation of the following.
    (1) The maximum capacity of all oil storage tanks and flow lines on 
the facility.
    (2) The volume of oil calculated to leak from oil pipelines 
connected to the facility considering shutdown response time and the 
effect of hydrostatic pressure.
    (3) The amount of oil possible from an uncontrolled blowout of the 
highest [[Page 3182]] capacity well on the platform for a period of 30 
days. The calculation of the discharge volume must include an analysis 
of reservoir characteristics, casing/production tubing sizes, and 
historical production and reservoir pressure data.
    (b) For exploratory drilling operations, the response plan must 
describe the worst case discharge as follows:
    (1) The amount of oil possible from an uncontrolled blowout over a 
period of 30 days. The calculation of the discharge volume must include 
any known reservoir characteristics. If reservoir characteristics are 
unknown, the plan must use analog reservoirs from the area and give an 
explanation for the selection of the reservoir(s) used.
    (2) Reserved.
    (c) For a pipeline facility, the response plan must describe the 
worst case discharge as follows:
    (1) The volume of oil equal to the pipeline system release 
detection time in hours, plus the shutdown response time in hours (may 
be based on an automatic shutdown system), multiplied by the highest 
hourly oil flow rate over the preceding 12-month period, plus the total 
volume of oil contained within the largest segregated segment of the 
pipe, as identified for a particular area.
    (2) Reserved.
    (d) For paragraph (a), (b), and (c) of this section, the plan must 
take into account and address adverse weather conditions for the 
operating area, including wave heights, currents, and weather-related 
visibility, as well as ice and temperature-related problems, when 
appropriate. The plan must cite mechanical equipment in the response 
inventory only when the equipment is effective in the adverse weather 
conditions described.
    (e) For paragraph (a), (b), and (c) of this section, owners or 
operators may provide estimates of a worst case discharge by a group of 
facilities in the same geographic area, provided the example submitted 
represents the worst case scenario for that area.
    (f) Owners or operators of facilities proposing to store, handle, 
transfer, process or transport oil not falling into the categories 
listed in paragraphs (a), (b), or (c) of this section must contact the 
Regional Supervisor for instructions on the calculation of a worst case 
discharge.


Sec. 254.7  Determining response equipment capacities.

    (a) The plan must identify the calculated effective daily recovery 
capacity for the oil recovery devices listed. The effective daily 
recovery capacity must be calculated using 20 percent of the 
manufacturer's rated throughout capacity over a 24-hour period. This 20 
percent efficiency factor will take into account limitations of the 
recovery operations due to available daylight, sea state, temperature, 
viscosity, and emulsification of the oil being recovered.
    (b) Owners or operators wishing to use a different efficiency 
factor for specific oil recovery devices must submit evidence to 
substantiate another efficiency factor. Adequate evidence includes 
verified performance data measured during actual spills or test data 
gathered according to the provisions of Sec. 254.11 (b) and (c) of this 
part.


Sec. 254.8  Training.

    (a) The owner or operator must ensure that the spill response 
operating team is provided with hands-on training classes at least 
annually in the deployment and operation of the pollution control 
equipment to which it is assigned. Members of the spill response 
operating team and all private response personnel must be trained to 
meet the Occupational Safety and Health Administration's standards for 
emergency response operations in 29 CFR 1910.120. Those members of the 
spill response operating team responsible for supervising the team 
shall be trained annually in directing the deployment and use of 
response equipment.
    (b) The owner or operator must ensure that the spill response 
management team, including the qualified individual identified in the 
plan, is trained annually about the location, intended use, deployment 
strategies, and the operational and logistical requirements of 
available response equipment, spill reporting procedures, oil-spill 
trajectory analysis, predicting spill movement, and other 
responsibilities they may have for the facilities under their 
jurisdiction.


Sec. 254.9  Drills.

    (a) Each owner or operator must exercise the entire response plan 
at least once every 3 years. This requirement may be satisfied by 
separate exercises for segments of the plan; it is not necessary to 
exercise the full plan at one time. The drills must simulate conditions 
in the area of operations, including seasonal weather variations, to 
the extent practicable.
    (1) The MMS will recognize and give credit for any drills conducted 
under this section that satisfy some component of the required 
triennial exercise, whether initiated by the owner or operator or a 
government regulatory agency.
    (2) The drills should cover a range of exercise scenarios over the 
3-year period simulating response to small spills, average spills, and 
the worst case spill scenario.
    (b) The plan must provide, as a minimum, for the following types of 
drills:
    (1) An annual unannounced spill management team tabletop exercise. 
The exercise must test the spill management team's organization, 
communication, and decisionmaking in managing a response to a spill 
scenario that is not revealed to team members prior to commencement of 
the exercise.
    (2) A semiannual equipment deployment drill for each facility 
required by the Regional Supervisor to maintain response equipment at 
the facility. Each type of equipment maintained at the facility must be 
deployed at least once each year. Each type need not be deployed at 
each drill.
    (3) An annual notification drill for each facility that is manned 
on a 24-hour basis. The exercise will test communications between 
facility personnel and the qualified individual as well as the ability 
to communicate pertinent information in a timely manner.
    (c) Each owner or operator must ensure that the response equipment 
identified in the plan is exercised in annual deployment drills. Each 
type of equipment must be exercised during each triennial period. It is 
not necessary to deploy each piece of equipment. Certification that 
applicable OSRO's and oil spill removal cooperatives have deployed each 
type of equipment must be maintained at a location designated in the 
plan. A response to an actual spill may be substituted for a deployment 
exercise.
    (d) The plan (and the yearly update) must provide a time schedule 
for drills with a list of any equipment to be deployed. The schedule 
shall provide sufficient advance notice to allow MMS personnel to 
witness any of the scheduled drills. Drill conditions, results, and the 
names of participants in the drill shall be recorded and the records 
maintained for 3 years at a site designated in the plan and made 
available to MMS personnel.
    (e) The Regional Supervisor may require an increase in the 
frequency or a change in the location of the drills, equipment to be 
deployed,or deployment procedures and strategies. The Regional 
Supervisor may evaluate the results of drills and advise the lessee or 
operator of any needed changes in [[Page 3183]] response equipment, 
procedures, or strategies.
    (f) The Regional Supervisor will periodically initiate unannounced 
drills to test the spill response prepardeness of owners and operators.


Sec. 254.10  Maintenance and periodic inspection of equipment.

    (a) The spill-response equipment listed in the plan must be 
inspected and maintained, as necessary, to ensure optimal performance.
    (b) The plan must provide for inspecting response equipment 
included in the plan. Inspections must be made at least monthly, and 
records of the inspections must be maintained for at least 2 years at a 
site specified in the plan.


Sec. 254.11  Equipment performance testing.

    (a) The MMS may require testing of any spill removal equipment 
listed in the response plan to ensure that the equipment meets the 
performance standards stated in the plan. The Regional Supervisor may 
require testing if the equipment:
    (1) Has been modified,
    (2) Has been damaged and repaired, or
    (3) Has a claimed effective daily recovery capacity that is 
inconsistent with data otherwise available to the Regional Supervisor.
    (b) Testing of booms must be conducted in accordance with test 
criteria approved by MMS. The document ``Test Protocol for the 
Evaluation of Oil-Spill Containment Booms,'' available from MMS, may be 
used for guidance. Testing of skimmers must also be conducted in 
accordance with test criteria approved by MMS. The document ``Suggested 
Test Protocol for the Evaluation of Oil Spill Skimmers for the OCS,'' 
available from MMS, may be used for guidance.
    (c) All testing is the responsibility of the owner or operator, who 
is also responsible for the accuracy of the information submitted.


Sec. 254.12  Notification requirements.

    (a) In the event of a spill, the person designated as the qualified 
individual must immediately notify response personnel as well as 
appropriate Federal, State, and local officials.
    (b) The Regional Supervisor must be notified orally within the 
following time limits:
    (1) Within 12 hours if the spill is one barrel or less, and
    (2) Without delay if the spill is more than one barrel. The 
qualified individual must confirm reports of spills of more than one 
barrel in writing.


Sec. 254.13  Plan revision and resubmission.

    (a) Owners or operators must review their spill-response plans at 
least annually and submit all resulting modifications to the Regional 
Supervisor. If this review does not result in modifications to the 
plan, the facility owner or operator must inform the Regional 
Supervisor in writing that there are no changes.
    (b) Owners or operators must submit revisions to their plans for 
approval at least 15 days before the effective date of the changes. 
Revisions are required whenever:
    (1) A change occurs in the number of facilities covered by the 
plan;
    (2) A change occurs in the OSRO designated in the plan or in the 
assessed capabilities of spill removal;
    (3) A change occurs (in name or position) of the qualified 
individual or any member of the spill management team;
    (4) A significant change occurs in the worst case discharge 
estimate, or in the type or quantity of hazardous substances handled at 
the facility;
    (5) Any changes occur in the listings of economically important or 
environmentally sensitive areas identified in the Area Contingency 
Plan(s).
    (c) Owners and operators must provide a record of the changes 
submitted for insertion in the introduction to the plan.
    (d) The Regional Supervisor may require that a response plan be 
resubmitted if the plan has become outdated or if numerous 
modifications and revisions have made its use unnecessarily difficult.
    (e)(1) The Regional Supervisor will periodically review the 
equipment inventories of OSRO's to ensure that sufficient equipment is 
available to meet the cumulative needs of the owners and operators who 
cite these organizations in their spill-response plans as their primary 
source of spill removal equipment.
    (2) The MMS require an owner or operator to revise a plan at any 
time if the Regional Supervisor notes significant inadequacies during 
these reviews or during a drill or response to an actual pollution 
incident.


Sec. 254.14  Response plans for facilities in State waters located 
seaward of the coast line.

    Owners or operators of facilities in State waters located seawater 
of the coast line shall comply with paragraphs (a), (b), or (c) of this 
section.
    (a) Modify an OCS spill-response plan submitted pursuant to the 
requirements of 30 CFR 254.5 and approved by MMS to include facilities 
in State waters adjacent to an OCS Region and submit the plan to MMS 
for approval.
    (b) Submit a response plan to the appropriate MMS office identified 
in Sec. 254.4 for approval. The plan shall contain the information 
required in Sec. 254.5.
    (c) Submit a response plan to MMS for approval that has been 
developed in accordance with the laws or regulations of the State. The 
plan must contain all the elements required by the State and must:
    (1) Be consistent with the requirements of the National Contingency 
Plan and appropriate Area Contingency Plan(s).
    (2) Identify a qualified individual and require immediate 
communication between that person and appropriate Federal officials and 
response personnel if there is a spill.
    (3) Identify any private personnel and equipment necessary to 
remove, to the maximum extent practicable, a worst case discharge as 
defined in Sec. 254.6. The plan must provide a copy of any written 
contractual agreement with any OSRO's or spill management team members 
not employees of the owner or operator.
    (4) Describe the training, equipment testing, periodic unannounced 
drills, and response actions of personnel at the facility.
    (5) Describe the procedures used to periodically update and 
resubmit the plan for approval of each significant change.
    (6) Provide the following information:
    (i) A list of the facilities and leases covered by the plan and a 
map showing their location.
    (ii) Name and address of agency to whom the plan was submitted.
    (iii) Date plan was submitted.
    (iv) If the plan received formal approval, the name of the 
approving organization, the date of approval, and a copy of the State 
agency's approval letter if one was issued.
    (v) Identification of any regulations or standards used in 
preparing the plan.
    (d) Plans prepared by owners or operators of facilities in State 
waters, under paragraphs (a), (b), or (c) of this section, shall 
include a description of the steps taken to prevent spills of oil or 
hazardous substances or mitigate a substantial threat of such a 
discharge. The description shall include identification of State, 
Federal, or industry standards with which the operator is legally 
required to comply or voluntarily agrees to comply. The Regional 
Supervisor may prescribe additional equipment or procedures for spill 
prevention. [[Page 3184]] 
    (e) Owners or operators of new facilities in State waters must 
submit the number of copies of the response plan requested by MMS to 
the appropriate MMS office 60 days before commencing operations.


Sec. 254.15  Approval of plans.

    (a) The Regional Supervisor shall approve a plan that meets the 
following criteria:
    (1) The plan contains the information required in Sec. 254.5 or 
Sec. 254.14, as appropriate.
    (2) The plan identifies a worst case scenario that accurately 
reflects:
    (i) The risks associated with the oil or other hazardous material 
being produced, stored, or transported;
    (ii) Any adverse environmental conditions that can be expected in 
the area where the oil or hazardous material is being produced, stored, 
or transported and any area where the oil or hazardous material could 
migrate following a spill; and
    (iii) Any environmentally sensitive or economically important areas 
that could be damaged by the spill.
    (3) The plan provides for equipment, personnel, procedures, 
training, and drills that will result in the ability to respond in a 
timely manner to the identified worst case spill and remove the spill 
to the maximum extent practicable as well as mitigate or prevent a 
substantial threat of such a discharge.
    (4) The plan is consistent with the National Contingency Plan and 
all relevant Area Contingency Plans.
    (5) The plan demonstrates that the responsible party has granted an 
identified person full authority to implement removal actions.
    (b) If the Regional Supervisor determines at any time that a 
response plan submitted to MMS or a State is inadequate, the Regional 
Supervisor will specify deficiencies in the plan, and the responsible 
party must take action to modify the plan.

[FR Doc. 95-802 Filed 1-12-95; 8:45 am]
BILLING CODE 4310-MR-M