[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
