[Federal Register Volume 62, Number 57 (Tuesday, March 25, 1997)]
[Rules and Regulations]
[Pages 13991-14003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7279]
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Parts 250 and 254
RIN 1010-AB81
Response Plans for Facilities Located Seaward of the Coast Line
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Final rule.
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SUMMARY: This final rule revises the current interim final rule
governing response plans for facilities located seaward of the coast
line. The rule will bring MMS regulations into conformance with the Oil
Pollution Act of 1990 (OPA). Revisions to existing rules will delete
previous MMS requirements that are similar to requirements of this
rule. The final rule will combine MMS requirements for oil-spill
contingency plans for facilities in both State and Federal waters
seaward of the coast line.
EFFECTIVE DATE: June 23, 1997.
FOR FURTHER INFORMATION CONTACT: Lawrence H. Ake, Engineering and
Research Branch, at (703) 787-1567.
SUPPLEMENTARY INFORMATION:
Background and Purpose
In August 1990, Congress passed OPA which, among other things,
amended section 311(j) of the Federal Water Pollution Control Act
(FWPCA) by strengthening provisions concerning oil-spill prevention
efforts and spill-response capability.
[[Page 13992]]
Under Executive Order (E.O.) 12777, MMS has responsibility under
FWPCA for issuing regulations requiring owners or operators of offshore
facilities to prepare and submit spill-response plans. The FWPCA
requires that owners or operators of offshore facilities, including
associated pipelines, prepare and submit response plans. They must also
ensure the availability of private personnel and equipment to contain
discharges of oil and hazardous substances. The new authorities apply
to all offshore areas including State submerged lands but not to deep-
water ports subject to the Deepwater Port Act (33 U.S.C. 1501 et seq.).
MMS published an advance notice of proposed rulemaking (ANPR) in
the Federal Register on August 12, 1992 ( 57 FR 36032-36034). That
notice informed the public that MMS was developing regulations
governing the establishment of procedures, methods, and equipment to
prevent and contain discharges of oil and hazardous substances under
section 311(j)(1)(C) of FWPCA; preparation and submission of response
plans under section 311(j)(5) of FWPCA and section 4202(b)(4) of OPA;
and periodic inspection of containment booms and response equipment
under section 311(j)(6)(A) of FWPCA. The notice also solicited
information concerning the development of these requirements.
MMS reviewed and analyzed the comments received from the ANPR and
published a notice of proposed rulemaking (NPR) covering these
requirements on January 13, 1995 (60 FR 3177-3184).
Prior to development of the proposed rule, MMS was faced with the
need to allow owners and operators of facilities to operate under an
approved spill-response plan as soon as possible. This need was
dictated by a mandate in section 4202(b)(4) of OPA, that owners or
operators of facilities submit response plans by February 18, 1993.
Failure to do so would mean that a facility could not be used to
handle, store, or transport oil until the owner or operator submitted a
plan. To meet this deadline, MMS developed an interim final rule that
ensured that spill-response plans of sufficient quality were being
developed. The interim final rule also provided a means for facility
owners to comply with the February 18, 1993, deadline. This process
ensured that spill-response plans were in place at the earliest
possible date and that the beneficial environmental effects of spill-
response plans were realized while more extensive regulations to
implement OPA were being developed.
MMS originally established an expiration date for the interim rule
of February 18, 1995. This date was subsequently deleted, and the
interim rule remains in effect until the effective date of this final
rule.
In developing this final rule, MMS has relied on comments from the
regulated community as well as experience developed during review of
plans under the interim final rule.
As with the interim rule, this final rule allows those with MMS
approved spill-response plans for facilities in the Outer Continental
Shelf (OCS) to expand those plans to include facilities in State waters
of the same geographic area. Owners and operators of facilities in
State waters with plans approved by the State must submit a copy of the
plan to MMS, along with information pertaining to the approval. This
rule also allows owners and operators of facilities in State waters
that do not fall in either of these categories to submit a plan based
on the requirements for OCS facilities.
This rulemaking does not regulate animal or vegetable oils. MMS has
determined that these oils are not handled in large quantities on
offshore facilities and need not be addressed in this rule. MMS will
evaluate whether to solicit public comment on the need for a future
rulemaking covering these oils.
After publishing the NPR for this rule on January 13, 1995, MMS
became involved in the National Response Team's effort to formulate
integrated contingency plan (ICP) guidance. The ICP guidance is
intended to provide a consistent format for emergency response plans.
Since a particular facility may be subject to several Federal
regulations, use of the ICP format will allow facility owners to
address all the requirements in just one plan.
The ICP guidelines were published in the Federal Register on June
5, 1996 (61 FR 28641-28664). At that time, the other Federal agencies
supporting the ICP process published regulatory cross-comparison
matrices which showed where agency requirements could be placed under
the ICP format. MMS did not provide a matrix because this rule was not
yet completed. The following tables provide this matrix.
These tables may be used for guidance if you plan to submit your
oil-spill response plan in the ICP format. You should submit a cross-
reference with your plan that identifies the location of required
sections if you choose to use any alternate format.
I. ICP Development Matrix
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ICP elements MMS requirements (30 CFR 254)
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Section I--Plan Introduction Elements
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1. Purpose and scope of plan 254.20; 254.50.
coverage.
2. Table of contents............. 254.21.
3. Current revision date......... 254.22.
4. General facility 254.22; 254.53(b).
identification information.
a. Facility name .....................................
b. Owner/operator/agent .....................................
c. Physical address and 254.22; 254.53(b).
directions.
d. Mailing address .....................................
e. Other identifying .....................................
information
f. Key contact(s) for plan .....................................
development and maintenance
g. Phone number for key .....................................
contact(s)
h. Facility phone number..... 254.23(d).
i. Facility fax number....... 254.23(d).
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Section II--Core Plan Elements
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1. Discovery..................... 254.23(f).
2. Initial response .....................................
a. Procedures for internal 254.23(g)(1).
and external notifications.
[[Page 13993]]
b. Establishment of a 254.23(b).
response management
structure.
c. Preliminary assessment .....................................
d. Establishment of 254.23(g); 254.24(a).
objectives and priorities
for response, including:.
(1) Immediate goals/tactical .....................................
planning
(2) Mitigating actions .....................................
(3) Response resources .....................................
e. Implementation of tactical .....................................
plan
f. Mobilization of resources. 254.23(g) (4); (5).
3. Sustained actions............. 254.23(g) (6); (8).
4. Termination and followup .....................................
actions
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Section III--Annexes
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1. Facility and locality 254.22(a); 254.53(b).
information.
a. Facility maps............. 254.53(b).
b. Facility drawings .....................................
c. Facility description/ 254.22(a).
layout.
2. Notification .....................................
a. Internal.................. 254.23(g)(1).
b. Community................. 254.23(g)(1)(vi).
c. Federal and State agency.. 254.46; 254.23(g)(1)(vi).
3. Response management structure. 254.23(b).
a. General................... 254.23(b).
b. Command .....................................
(1) Facility incident 254.23(a).
commander and qualified
individual.
(2) Information.............. 254.23(b).
(3) Safety................... 254.23(b).
(4) Liaison.................. 254.23.(b).
c. Operations .....................................
(1) Response objectives .....................................
(2) Discharge or release 254.23 (f); (g).
control.
(3) Assessment/monitoring.... 254.23(g)(3).
(4) Containment.............. 254.23(g) (4); (5).
(5) Recovery................. 254.23(g) (6); (7); (8).
(6) Decontamination .....................................
(7) Nonresponder medical .....................................
needs
(8) Salvage plans .....................................
d. Planning .....................................
(1) Hazard assessment........ 254.26(c).
(2) Protection............... 254.26(c).
(3) Coordination with natural 254.23(g)(1) (v); (vi).
resource trustees.
(4) Waste management......... 254.23(g)(8).
e. Logistics .....................................
(1) Medical needs .....................................
(2) Site security .....................................
(3) Communications........... 254.23(d).
(4) Transportation........... 254.26(d)(2).
(5) Personnel support .....................................
(6) Equipment maintenance and 254.24(b); 254.43.
support.
f. Finance/procurement/ .....................................
administration
(1) Resource list .....................................
(2) Personnel................ 254.23 (a); (b); (c).
(3) Response equipment....... 254.24.
(4) Support equipment........ 254.26(d)(2).
(5) Contracting.............. 254.25.
(6) Claims procedures .....................................
(7) Cost documentation .....................................
4. Incident documentation .....................................
a. Post accident .....................................
investigation
b. Incident history.......... 254.46(b)(2).
5. Training and exercises/drills. 254.41; 254.42.
6. Response critique and plan 254.30; 254.42(d).
review and modification process.
7. Prevention.................... 254.54.
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II. Regulation Cross-Comparison Matrix
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MMS-30 CFR part 254 ICP citation(s)
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254.1 Who must submit a response .....................................
plan?
254.2 When must I submit a .....................................
response plan?
[[Page 13994]]
254.3 May I cover more than one .....................................
facility in my response plan?
254.4 May I reference other .....................................
documents in my response plan?
254.5 General response plan .....................................
requirements.
254.6 Definitions. .....................................
254.7 How do I submit my .....................................
response plan to the MMS?
254.8 May I appeal decisions .....................................
under this rule?
254.9 Authority for information .....................................
collection.
254.20 Purpose.................. I.1.
254.21 How must I format my I.2.
response plan?.
254.22 What information must I I.2; I.3; I.4 (c), (e); III.8.
include in the ``Introduction
and plan contents'' section?.
254.23 What information must I II.1; II.2(a); II.2(d); II.2(f);
include in the ``Emergency III.2; III.3(b)(1).
response action plan'' section?.
254.24 What information must I III.3(f)(3).
include in the ``Equipment
inventory'' appendix?.
254.25 What information must I III.3(f)(5).
include in the ``Contractual
agreements'' appendix?.
254.26 What information must I III.3(d).
include in the ``Worst case
discharge scenario'' appendix?.
254.27 What information must I III.3(c).
include in the ``Dispersant use
plan'' appendix?.
254.28 What information must I III.3(c).
include in the ``In situ burning
plan'' appendix?.
254.29 What information must I III.5.
include in the ``Training and
drills'' appendix?.
254.30 When must I revise my III.6.
spill plan?.
254.40 Records. .....................................
254.41 Training your personnel.. III.5.
254.42 Exercises for your III.5.
response personnel and equipment.
254.43 Maintenance and periodic .....................................
inspection of response equipment
254.44 Calculating response
equipment effective daily
recovery capacities
254.45 Verifying the
capabilities of your response
equipment
254.46 Whom do I notify if an III.2.
oil spill occurs?.
254.47 Determining the volume of III.3(d)
oil of your worst case discharge
scenario.
254.50 Spill-response plans for .....................................
facilities located in State
waters seaward of the coast line
254.51 Modifying an existing OCS .....................................
response plan
254.52 Following the format for .....................................
an OCS response plan
254.53 Submitting a response .....................................
plan developed under State
requirements
254.54 Spill prevention for III.7.
facilities located in State
waters seaward of the coast line.
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Discussion of Comments and Changes
MMS received 32 letters commenting on the NPR. The following
discussion summarizes these comments and the substantive changes made
to the final rule. MMS has also restructured the regulation into a more
readable and user-friendly format. A simplified question and answer
format has been used, and the rule has been separated into subparts.
The following discussion generally follows the order of the sections in
the proposed rule.
General Comments
Several letters contained questions about other MMS regulations for
oil-spill contingency plans currently found at 30 CFR 250.42 and
250.43. These comments questioned whether the proposed regulations were
in addition to those spill-response requirements. The answer is no. The
new requirements of this rule, which will be located in 30 CFR part
254, are intended to supersede those regulations which are removed from
part 250 with this rule.
One comment pointed out that the rule does not contain an appeals
process. We have added a section explaining the appeals process.
Several comments addressed the issue of hazardous substance
response planning. They complained that some of the proposed
requirements duplicated requirements of the Environmental Protection
Agency (EPA). Another comment suggested that it would be prudent for
MMS to follow the example of other agencies and separate hazardous
discharge response planning from this rule and address that subject
later. MMS agrees and is not now issuing response planning requirements
for hazardous materials. Typically, hazardous substances are used in
very limited quantities on offshore facilities. We are presently
collecting additional information on the types and quantities of
hazardous substances used offshore. MMS is also monitoring the
development of other Federal requirements on this subject. The U.S.
Coast Guard will provide MMS and other Federal agencies with the public
responses to their recent ANPR on hazardous substance response
planning. MMS will proceed with rulemaking concerning response planning
for hazardous materials after we determine more precisely the extent of
hazardous substance usage and can develop a rule that will act in
concert with other regulations currently being developed by other
agencies.
Several comments stressed that the rule should specifically mention
that pipelines would not require a plan after they had been abandoned
in place. Others felt it burdensome to maintain current plans for wells
or facilities that had been temporarily abandoned. We changed the rule
to show that an owner or operator no longer needs to maintain a plan
after it has received written notice from the Regional Supervisor that
a plan is no longer required.
Many commenters felt that MMS did not need to request that copies
of contracts with oil-spill response organizations be included with the
response plan. They cited the voluminous nature of many of these
contracts as a primary reason. MMS agrees, and the final rule allows
owners and operators to certify that such contracts exist but does not
require their submission.
Several comments criticized that the rule as proposed would require
compliance without allowing sufficient time to prepare a new plan. We
have changed the final rule in two areas. First, the effective date of
the rule has been set at 90 days after publication in the Federal
Register. Second, owners
[[Page 13995]]
and operators with currently approved plans do not have to submit plans
complying with this rule until the next update of their plan is due.
The Regional Supervisor may extend this deadline upon request.
MMS received several comments arguing that MMS's definition for
``coast line'' was confusing. The wording, however, was taken from the
Submerged Lands Act, and where oil production activities are underway,
the line has been delineated and adopted by the courts. It is used here
because MMS also uses this established line in a memorandum of
understanding (MOU) with other Federal agencies that administer spill
response planning under OPA. In this MOU, 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)).
These facilities located landward of the coast line may have to file
spill-response plans with the EPA or the Department of Transportation.
Our aim was to have each agency regulate the type of facility that it
has historically regulated. MMS attempted to use a clearly definable
line that would segregate the majority of facilities correctly. Some
facilities, however, are clearly of the type used offshore yet lie
landward of this demarcation line. If you feel that your facility falls
into this category, you may contact the Regional Supervisor, agreeing
to accept the jurisdiction of MMS and requesting that the agency with
jurisdiction relinquish jurisdiction over your facility to MMS.
The proposed rule defined the `qualified individual' (QI) as a
member of the spill management team that directs the response to an oil
spill. Several comments pointed out that this went beyond the
requirements of OPA and stated that it was not necessary for the
qualified individual to perform these duties. MMS has amended this
language in the final rule.
Many comments noted that `adverse weather' should be defined to
exclude hurricane conditions. MMS agrees that hurricane conditions,
when no response to a spill is practical, should be excluded from the
definition.
MMS received several comments that were critical of the fact that
the proposed rule included condensate in the definition of oil. The
commenters felt the rule would be burdensome for owners and operators
that handled only small volumes of condensate, since spills from those
facilities would dissipate rapidly with minimal environmental effect.
The definition has been left intact. MMS feels that the Regional
Supervisors are best able to deal with these situations on a case-by-
case basis. The Regional Supervisors have the authority to reduce plan
requirements if they feel that a spill from the facility poses little
or no risk to the environment.
The definition of owner and operator has been changed to more
closely follow the definition in the Clean Water Act.
Several comments argued that an in situ burning plan should only be
required if burning was already authorized in the appropriate Area
Contingency Plan (ACP). However, regardless of the current language in
an ACP, the Federal On Scene Coordinator has the authority to permit
burning on a case-by-case basis to prevent or reduce hazard to human
life. Additionally, the Region VI Regional Response Team, which
oversees the Federal Region where most offshore facilities are located,
has established a preapproval zone for in situ burning. MMS believes
that this option for spill removal is important in the offshore
environment and will leave the requirement in the rule.
We received many comments concerning the worst case spill scenario.
The major problem cited was the requirement to use a 30-day total of
the oil that could escape from an uncontrolled flowing well as a worst
case for a production or drilling facility. Commenters felt that using
the total from 30 days flow was unrealistic and represented an
unreasonable scenario. MMS has amended this language to clarify how the
scenario should describe responding to a well that flows for 30 days.
The scenario should demonstrate how you would remove, store, and
dispose of the oil escaping from an uncontrolled well on a daily basis
for 30 days. MMS does not intend that the rule be read to require you
to demonstrate how you would respond to the 30-day total flow from the
well as if it had occurred in a short period of time, as could happen
in a tanker accident.
MMS received several comments concerning referencing of material in
the plan. The comments suggested including specific statements
throughout the rule allowing material to be referenced rather than
included in the plan. MMS has instead inserted a general statement on
referencing in the plan that applies to the entire document.
Several commenters expressed the opinion that a response to an
actual oil spill should be treated as a drill for training purposes if
proper evaluations are made and records kept. This would be consistent
with the National Preparedness for Response Exercise Program (PREP)
Guidelines that were produced as a unified Federal effort. MMS modified
the rule to allow owners or operators to take training credit for an
actual spill response when they generate proper records.
MMS received several comments pointing out that oil spills must be
reported to the National Response Center as required by law. These
comments urged MMS to not require duplicate reporting of spills.
Current regulations require the reporting of all spills, regardless of
size, to MMS. In response to these comments, MMS has dropped the
requirement that spills of less than 1 barrel be reported to MMS. This
change will reduce the reporting burden for operators by more than 95
percent. MMS believes that it is important that the agency be notified
of spills greater than 1 barrel, and this requirement will remain.
Several commenters felt that the requirement to submit revisions to
the plan were too onerous and unrealistic. We made several changes in
response to these comments. First, we changed the requirement for an
annual update to require a complete review and update every 2 years.
Second, we deleted several requirements that require notification and
approval. We still require notification and approval for substantive
changes that affect the ability to respond to the worst case spill
scenario.
MMS received several comments that were critical of the requirement
that plans include the steps taken to prevent spills from facilities
located in State waters. The commenters felt that the rule gave the MMS
Regional Supervisor open ended authority to require additional spill
prevention measures in State waters. The rule has been modified to make
it clear that the Regional Supervisor would only require additional
prevention measures when it is determined that efforts to prevent
spills do not reflect good industry practices. MMS does not presently
plan to create new prevention regulations for facilities in State
waters. However, MMS does plan to work with coastal States to ensure
that sufficient State oversight is in place to ensure that the
objectives of OPA are met. MMS expects and intends that the States will
assume primary responsibility for spill prevention associated with
facilities in their waters. As a first step in this process, MMS has
signed MOU's with the major oil producing coastal States concerning the
regulation and inspection of offshore facilities. The
[[Page 13996]]
MOU's are designed to help ensure that Federal and State regulations
are compatible, encourage uniform enforcement strategies, and provide
for joint Federal and State inspections, drills, and investigations.
Author
Larry Ake, Engineering and Research Branch, MMS, prepared this
document.
E.O. 12866
This rule was reviewed under E.O. 12866. The Department of the
Interior (DOI) has determined that the rule is not a significant rule
under the criteria of E.O. 12866 and, therefore, the rule was not
reviewed by the Office of Management and Budget (OMB).
Regulatory Flexibility Act
DOI has determined that this final rule will not have a significant
economic effect on a substantial number of small entities. This rule
will not have a significant economic effect on any entity, regardless
of size. Any minor effects of this rulemaking will primarily affect
lessees and operators--entities that are not, by definition, small due
to the technical complexities and financial resources necessary to
conduct OCS activities. The indirect effects of this rulemaking on
small entities that provide support for offshore activities were also
determined to be small.
Paperwork Reduction Act
As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.), OMB approved the information collection requirements in the
NPR covering 30 CFR part 254. The OMB control number is 1010-0091. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
All comments, including any on the information collection aspects
of the NPR, are discussed in an earlier section of the preamble. The
final rule changes the structure of the regulation, thereby changing
the citations for the information collection requirements. However, no
significant changes to the information collection resulted from the
comments and restructuring or other revisions in the final rule.
MMS estimates the public reporting burden for this information
collection will average approximately 107 hours per response. This
includes the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the information collection.
Takings Implication Assessment
DOI determined that this final rule does not represent a
governmental action capable of interference with constitutionally
protected property rights. Thus, DOI does not need to prepare a Takings
Implication Assessment pursuant to E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
E.O. 12988
DOI has certified to OMB that the rule meets the applicable reform
standards provided in sections 3(a) and 3(b)(2) of E.O. 12988.
Unfunded Mandates Reform Act of 1995
DOI has determined and certifies according to the Unfunded Mandates
Reform Act, 2 U.S.C. 1502 et seq., that this rule will not impose a
cost of $100 million or more in any given year on State, local, and
tribal governments or the private sector.
National Environmental Policy Act
DOI determined that this rule does not constitute a major Federal
action significantly affecting the quality of the human environment;
therefore, an Environmental Impact Statement is not required.
List of Subjects
30 CFR Part 250
Continental shelf, Environmental impact statements, Environmental
protection, Government contracts, Incorporation by reference,
Investigations, Mineral royalties, Oil and gas development and
production, Oil and gas exploration, Oil and gas reserves, Penalties,
Pipelines, Public lands--mineral resources, Public lands--rights-of-
way, Reporting and recordkeeping requirements, Sulphur development and
production, Sulphur exploration, Surety bonds.
30 CFR Part 254
Continental shelf, Environmental protection, Oil and gas
development and production, Oil and gas exploration, Pipelines, Public
lands--mineral resources, Public lands--rights-of-way, Reporting and
recordkeeping requirements.
Dated: March 13, 1997.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, the Minerals Management
Service (MMS) amends 30 CFR parts 250 and 254 as follows:
PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
1. The authority for part 250 continues to read as follows:
Authority: 43 U.S.C. 1334.
2. The last sentence of Sec. 250.19(a) is revised to read as
follows:
Sec. 250.19 Accident reports.
(a) * * * All spills of oil or other liquid pollutants must be
reported as described in Sec. 254.46.
* * * * *
3. Section 250.33(b)(2) of subpart B is revised to read as follows:
Sec. 250.33 Exploration Plan.
* * * * *
(b) * * *
(2) An oil-spill response plan as described in part 254 or
reference to an approved Regional Response Plan.
* * * * *
4. Section 250.34(b)(3) of subpart B is revised to read as follows:
Sec. 250.34 Development and Production Plan.
* * * * *
(b) * * *
(3) A description of the environmental safeguards to be
implemented, including an updated oil-spill response plan as described
in part 254 of this chapter or reference to an approved plan.
* * * * *
Sec. 250.41 [Heading revised]
5. The heading of Sec. 250.41 of subpart C is revised to read
``Inspection of facilities.''
Sec. 250.41 [Amended]
6. Paragraphs (b) and (c) of Sec. 250.41 are removed.
Sec. 250.42 [Removed]
7. Section 250.42 of subpart C is removed.
Sec. 250.43 [Removed]
8. Section 250.43 of subpart C is removed.
9. Part 254 is revised to read as follows:
PART 254--OIL-SPILL RESPONSE REQUIREMENTS FOR FACILITIES LOCATED
SEAWARD OF THE COAST LINE
Subpart A--General
Sec.
254.1 Who must submit a spill-response plan?
254.2 When must I submit a response plan?
254.3 May I cover more than one facility in my response plan?
[[Page 13997]]
254.4 May I reference other documents in my response plan?
254.5 General response plan requirements.
254.6 Definitions.
254.7 How do I submit my response plan to the MMS?
254.8 May I appeal decisions under this rule?
254.9 Authority for information collection.
Subpart B--Oil-Spill Response Plans for Outer Continental Shelf
Facilities
254.20 Purpose.
254.21 How must I format my response plan?
254.22 What information must I include in the ``Introduction and
plan contents'' section?
254.23 What information must I include in the ``Emergency response
action plan'' section?
254.24 What information must I include in the ``Equipment
inventories'' appendix?
254.25 What information must I include in the ``Contractual
agreements'' appendix?
254.26 What information must I include in the ``Worst case
discharge scenario'' appendix?
254.27 What information must I include in the ``Dispersant use
plan'' appendix?
254.28 What information must I include in the ``In situ burning
plan'' appendix?
254.29 What information must I include in the ``Training and
drills'' appendix?
254.30 When must I revise my response plan?
Subpart C--Related Requirements for Outer Continental Shelf
Facilities
254.40 Records.
254.41 Training your response personnel.
254.42 Exercises for your response personnel and equipment.
254.43 Maintenance and periodic inspection of response equipment.
254.44 Calculating response equipment effective daily recovery
capacities.
254.45 Verifying the capabilities of your response equipment.
254.46 Whom do I notify if an oil spill occurs?
254.47 Determining the volume of oil of your worst case discharge
scenario.
Subpart D--Oil-Spill Response Requirements for Facilities Located in
State Waters Seaward of the Coast Line
254.50 Spill-response plans for facilities located in State waters
seaward of the coast line.
254.51 Modifying an existing OCS response plan.
254.52 Following the format for an OCS response plan.
254.53 Submitting a response plan developed under State
requirements.
254.54 Spill prevention for facilities located in State waters
seaward of the coast line.
Authority: 33 U.S.C. 1321
Subpart A--General
Sec. 254.1 Who must submit a spill-response plan?
(a) If you are the owner or operator of an oil handling, storage,
or transportation facility, and it is located seaward of the coast
line, you must submit a spill-response plan to MMS for approval. Your
spill-response plan must demonstrate that you can respond quickly and
effectively whenever oil is discharged from your facility. Refer to
Sec. 254.6 for the definitions of ``oil,'' ``facility,'' and ``coast
line'' if you have any doubts about whether to submit a plan.
(b) You must maintain a current response plan for an abandoned
facility until you physically remove or dismantle the facility or until
the Regional Supervisor notifies you in writing that a plan is no
longer required.
(c) Owners or operators of offshore pipelines carrying essentially
dry gas do not need to submit a plan. You must, however, submit a plan
for a pipeline that carries:
(1) Oil;
(2) Condensate that has been injected into the pipeline; or
(3) Gas and naturally occurring condensate.
(d) If you are in doubt as to whether you must submit a plan for an
offshore facility or pipeline, you should check with the Regional
Supervisor.
(e) If your facility is located landward of the coast line, but you
believe your facility is sufficiently similar to OCS facilities that it
should be regulated by MMS, you may contact the Regional Supervisor,
offer to accept MMS jurisdiction over your facility, and request that
MMS seek from the agency with jurisdiction over your facility a
relinquishment of that jurisdiction.
Sec. 254.2 When must I submit a response plan?
(a) You must submit, and MMS must approve, a response plan that
covers each facility located seaward of the coast line before you may
use that facility. To continue operations, you must operate the
facility in compliance with the plan.
(b) Despite the provisions of paragraph (a) of this section, you
may operate your facility after you submit your plan while MMS reviews
it for approval. To operate a facility without an approved plan, you
must certify in writing to the Regional Supervisor that you have the
capability to respond, to the maximum extent practicable, to a worst
case discharge or a substantial threat of such a discharge. The
certification must show that you have ensured by contract, or other
means approved by the Regional Supervisor, the availability of private
personnel and equipment necessary to respond to the discharge.
Verification from the organization(s) providing the personnel and
equipment must accompany the certification. MMS will not allow you to
operate a facility for more than 2 years without an approved plan.
(c) If you have a plan that MMS already approved, you are not
required to immediately rewrite the plan to comply with this part. You
must, however, submit the information this regulation requires when
submitting your first plan revision (see Sec. 254.30) after the
effective date of this rule. The Regional Supervisor may extend this
deadline upon request.
Sec. 254.3 May I cover more than one facility in my response plan?
(a) Your response plan may be for a single lease or facility or a
group of leases or facilities. All the leases or facilities in your
plan must have the same owner or operator (including affiliates) and
must be located in the same MMS Region (see definition of Regional
Response Plan in Sec. 254.6).
(b) Regional Response Plans must address all the elements required
for a response plan in Subpart B, Oil Spill Response Plans for Outer
Continental Shelf Facilities, or Subpart D, Oil Spill Response
Requirements for Facilities Located in State Waters Seaward of the
Coast Line, as appropriate.
(c) When developing a Regional Response Plan, you may group leases
or facilities subject to the approval of the Regional Supervisor for
the purposes of:
(1) Calculating response times;
(2) Determining quantities of response equipment;
(3) Conducting oil-spill trajectory analyses;
(4) Determining worst case discharge scenarios; and
(5) Identifying areas of special economic and environmental
importance that may be impacted and the strategies for their
protection.
(d) The Regional Supervisor may specify how to address the elements
of a Regional Response Plan. The Regional Supervisor also may require
that Regional Response Plans contain additional information if
necessary for compliance with appropriate laws and regulations.
Sec. 254.4 May I reference other documents in my response plan?
You may reference information contained in other readily accessible
documents in your response plan. Examples of documents that you may
[[Page 13998]]
reference are the National Contingency Plan (NCP), Area Contingency
Plan (ACP), MMS environmental documents, and Oil Spill Removal
Organization (OSRO) documents that are readily accessible to the
Regional Supervisor. You must ensure that the Regional Supervisor
possesses or is provided with copies of all OSRO documents you
reference. You should contact the Regional Supervisor if you want to
know whether a reference is acceptable.
Sec. 254.5 General response plan requirements.
(a) The response plan must provide for response to an oil spill
from the facility. You must immediately carry out the provisions of the
plan whenever there is a release of oil from the facility. You must
also carry out the training, equipment testing, and periodic drills
described in the plan, and these measures must be sufficient to ensure
the safety of the facility and to mitigate or prevent a discharge or a
substantial threat of a discharge.
(b) The plan must be consistent with the National Contingency Plan
and the appropriate Area Contingency Plan(s).
(c) Nothing in this part relieves you from taking all appropriate
actions necessary to immediately abate the source of a spill and remove
any spills of oil.
(d) In addition to the requirements listed in this part, you must
provide any other information the Regional Supervisor requires for
compliance with appropriate laws and regulations.
Sec. 254.6 Definitions.
For the purposes of this part:
Adverse weather conditions means weather conditions found in the
operating area 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. It does not refer
to conditions such as a hurricane, under which it would be dangerous or
impossible to respond to a spill.
Area Contingency Plan means an Area Contingency Plan prepared and
published under section 311(j) of the Federal Water Pollution Control
Act (FWPCA).
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.
Discharge means any emission (other than natural seepage),
intentional or unintentional, and includes, but is not limited to,
spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
District Supervisor means the MMS officer with authority and
responsibility for a district within an MMS Region.
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 deep-water 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. A mobile offshore drilling unit is
classified as a facility when engaged in drilling or downhole
operations.
Maximum extent practicable means within the limitations of
available technology, as well as the physical limitations of personnel,
when responding to a worst case discharge in adverse weather
conditions.
National Contingency Plan means the National Oil and Hazardous
Substances Pollution Contingency Plan prepared and published under
section 311(d) of the FWPCA, (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).
National Contingency Plan Product Schedule means a schedule of
dispersants and other chemical or biological products, maintained by
the Environmental Protection Agency, that may be authorized for use on
oil discharges in accordance with the procedures found at 40 CFR
300.910.
Oil means 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. This also includes hydrocarbons produced at
the wellhead in liquid form (includes distillates or condensate
associated with produced natural gas), and condensate that has been
separated from a gas prior to injection into a pipeline. It does not
include petroleum, including crude oil or any fraction thereof, which
is specifically listed or designated as a hazardous substance under
paragraphs (A) through (F) of section 101(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U. S. C.
9601) and which is subject to the provisions of that Act. It also does
not include animal fats and oils and greases and fish and marine mammal
oils, within the meaning of paragraph (2) of section 61(a) of title 13,
United States Code, and oils of vegetable origin, including oils from
the seeds, nuts, and kernels referred to in paragraph (1)(A) of that
section.
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, in the case of an offshore facility, any
person owning or operating such offshore facility. In the case of any
abandoned offshore facility, it means the person who owned such
facility immediately prior to such abandonment.
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 deep-water 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 an English-speaking representative of an
owner or operator, located in the United States, available on a 24-hour
basis, with full authority to obligate funds, carry out removal
actions, and communicate with the appropriate Federal officials and the
persons providing personnel and equipment in removal operations.
Regional Response Plan means a spill-response plan required by this
part which covers multiple facilities or leases of an owner or
operator, including affiliates, which are located in the same MMS
Region.
Regional Supervisor means the MMS official with responsibility and
authority for operations or other designated program functions within
an MMS Region.
Remove means containment and cleanup of oil from water and
shorelines or the taking of other actions as may be necessary to
minimize or mitigate damage to the public health or welfare, including,
but not limited to, fish, shellfish, wildlife, public and private
property, shorelines, and beaches.
Spill is synonymous with ``discharge'' for the purposes of this
part.
Spill management team means the trained persons identified in a
response plan who staff the organizational structure to manage spill
response.
[[Page 13999]]
Spill-response coordinator means a trained person charged with the
responsibility and designated the commensurate authority for directing
and coordinating response operations.
Spill-response operating team means the trained 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 the coast of Texas and the Gulf coast of Florida,
where the State waters extend seaward a distance of 3 leagues).
You means the owner or the operator as defined in this section.
Sec. 254.7 How do I submit my response plan to the MMS?
You must submit the number of copies of your response plan that the
appropriate MMS regional office requires. If you prefer to use improved
information technology such as electronic filing to submit your plan,
ask the Regional Supervisor for further guidance.
(a) Send plans 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 plans 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 plans for facilities in the Pacific Ocean (except seaward
of the coast line of Alaska) to: Minerals Management Service, Regional
Supervisor, Office of Development Operations and Safety, Pacific OCS
Region, 770 Paseo Camarillo, Camarillo, CA 93010-6064.
Sec. 254.8 May I appeal decisions under this rule?
You may appeal orders or decisions issued under the regulations in
this part pursuant to part 290 of this title. If you file an appeal
with the Director, it does not suspend the requirement for you to
comply with an order or decision other than one that requires the
payment of a civil penalty. Compliance also is not suspended pending an
appeal to the Interior Board of Land Appeals under 43 CFR part 4.
Sec. 254.9 Authority for information collection.
(a) The Office of Management and Budget (OMB) has approved the
information collection requirements in this part under 44 U.S.C. 3501
et seq. OMB assigned the control number 1010-0091. The title of this
information collection is ``30 CFR Part 254, Oil Spill Response
Requirements for Facilities Located Seaward of the Coast line.''
(b) MMS collects this information to ensure that the owner or
operator of an offshore facility is prepared to respond to an oil
spill. MMS uses the information to verify compliance with the mandates
of the Oil Pollution Act of 1990 (OPA). The requirement to submit this
information is mandatory. No confidential or proprietary information is
collected.
(c) An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
(d) Send comments regarding any aspect of the collection of
information under this part, including suggestions for reducing the
burden, to the Information Collection Clearance Officer; Minerals
Management Service; Mail Stop 4700; 381 Elden Street; Herndon, Virginia
20170-4817 and to the Office of Information and Regulatory Affairs,
Office of Management and Budget; Attention: Desk Officer for the
Department of the Interior (1010-0091); 725 17th Street NW, Washington,
DC 20503.
Subpart B--Oil-Spill Response Plans for Outer Continental Shelf
Facilities
Sec. 254.20 Purpose.
This subpart describes the requirements for preparing spill-
response plans for facilities located on the OCS.
Sec. 254.21 How must I format my response plan?
(a) You must divide your response plan for OCS facilities into the
sections specified in paragraph (b) and explained in the other sections
of this subpart. The plan must have an easily found marker identifying
each section. You may use an alternate format if you include a cross-
reference table to identify the location of required sections. You may
use alternate contents if you can demonstrate to the Regional
Supervisor that they provide for equal or greater levels of
preparedness.
(b) Your plan must include:
(1) Introduction and plan contents.
(2) Emergency response action plan.
(3) Appendices:
(i) Equipment inventory.
(ii) Contractual agreements.
(iii) Worst case discharge scenario.
(iv) Dispersant use plan.
(v) In situ burning plan.
(vi) Training and drills.
Sec. 254.22 What information must I include in the ``Introduction and
plan contents'' section?
The ``Introduction and plan contents'' section must provide:
(a) Identification of the facility the plan covers, including its
location and type;
(b) A table of contents;
(c) A record of changes made to the plan; and
(d) A cross-reference table, if needed, because you are using an
alternate format for your plan.
Sec. 254.23 What information must I include in the ``Emergency
response action plan'' section?
The ``Emergency response action plan''section is the core of the
response plan. Put information in easy-to-use formats such as flow
charts or tables where appropriate. This section must include:
(a) Designation, by name or position, of a trained qualified
individual (QI) who has full authority to implement removal actions and
ensure immediate notification of appropriate Federal officials and
response personnel.
(b) Designation, by name or position, of a trained spill management
team available on a 24-hour basis. The team must include a trained
spill-response coordinator and alternate(s) who have the responsibility
and authority to direct and coordinate response operations on your
behalf. You must describe the team's organizational structure as well
as the responsibilities and authorities of each position on the spill
management team.
(c) Description of a spill-response operating team. Team members
must be trained and available on a 24-hour basis to deploy and operate
spill-response equipment. They must be able to respond within a
reasonable minimum specified time. You must include the number and
types of personnel available from each identified labor source.
(d) A planned location for a spill-response operations center and
provisions for primary and alternate communications systems available
for use in coordinating and directing spill-response operations. You
must provide telephone numbers for the response operations center. You
also must provide any facsimile numbers and primary and secondary radio
frequencies that will be used.
(e) A listing of the types and characteristics of the oil handled,
stored, or transported at the facility.
(f) Procedures for the early detection of a spill.
[[Page 14000]]
(g) Identification of procedures you will follow in the event of a
spill or a substantial threat of a spill. The procedures should show
appropriate response levels for differing spill sizes including those
resulting from a fire or explosion. These will include, as appropriate:
(1) Your procedures for spill notification. The plan must provide
for the use of the oil spill reporting forms included in the Area
Contingency Plan or an equivalent reporting form.
(i) Your procedures must include a current list which identifies
the following by name or position, corporate address, and telephone
number (including facsimile number if applicable):
(A) The qualified individual;
(B) The spill-response coordinator and alternate(s); and
(C) Other spill-response management team members.
(ii) You must also provide names, telephone numbers, and addresses
for the following:
(A) OSRO's that the plan cites;
(B) Federal, State, and local regulatory agencies that you must
consult to obtain site specific environmental information; and
(C) Federal, State, and local regulatory agencies that you must
notify when an oil spill occurs.
(2) Your methods to monitor and predict spill movement;
(3) Your methods to identify and prioritize the beaches, waterfowl,
other marine and shoreline resources, and areas of special economic and
environmental importance;
(4) Your methods to protect beaches, waterfowl, other marine and
shoreline resources, and areas of special economic or environmental
importance;
(5) Your methods to ensure that containment and recovery equipment
as well as the response personnel are mobilized and deployed at the
spill site;
(6) Your methods to ensure that devices for the storage of
recovered oil are sufficient to allow containment and recovery
operations to continue without interruption;
(7) Your procedures to remove oil and oiled debris from shallow
waters and along shorelines and rehabilitating waterfowl which become
oiled;
(8) Your procedures to store, transfer, and dispose of recovered
oil and oil-contaminated materials and to ensure that all disposal is
in accordance with Federal, State, and local requirements; and
(9) Your methods to implement your dispersant use plan and your in
situ burning plan.
Sec. 254.24 What information must I include in the ``Equipment
inventory'' appendix?
Your ``Equipment inventory appendix'' must include:
(a) An inventory of spill-response materials and supplies,
services, equipment, and response vessels available locally and
regionally. You must identify each supplier and provide their locations
and telephone numbers.
(b) A description of the procedures for inspecting and maintaining
spill-response equipment in accordance with Sec. 254.43.
Sec. 254.25 What information must I include in the ``Contractual
agreements'' appendix?
Your ``Contractual agreements'' appendix must furnish proof of any
contracts or membership agreements with OSRO's, cooperatives, spill-
response service providers, or spill management team members who are
not your employees that you cite in the plan. To provide this proof,
submit copies of the contracts or membership agreements or certify that
contracts or membership agreements are in effect. The contract or
membership agreement must include provisions for ensuring the
availability of the personnel and/or equipment on a 24-hour-per-day
basis.
Sec. 254.26 What information must I include in the ``Worst case
discharge scenario'' appendix?
The discussion of your worst case discharge scenario must include
all of the following elements:
(a) The volume of your worst case discharge scenario determined
using the criteria in Sec. 254.47. Provide any assumptions made and the
supporting calculations used to determine this volume.
(b) An appropriate trajectory analysis specific to the area in
which the facility is located. The analysis must identify onshore and
offshore areas that a discharge potentially could affect. The
trajectory analysis chosen must reflect the maximum distance from the
facility that oil could move in a time period that it reasonably could
be expected to persist in the environment.
(c) A list of the resources of special economic or environmental
importance that potentially could be impacted in the areas identified
by your trajectory analysis. You also must state the strategies that
you will use for their protection. At a minimum, this list must include
those resources of special economic and environmental importance, if
any, specified in the appropriate Area Contingency Plan(s).
(d) A discussion of your response to your worst case discharge
scenario in adverse weather conditions. This discussion must include:
(1) A description of the response equipment that you will use to
contain and recover the discharge to the maximum extent practicable.
This description must include the types, location(s) and owner,
quantity, and capabilities of the equipment. You also must include the
effective daily recovery capacities, where applicable. You must
calculate the effective daily recovery capacities using the methods
described in Sec. 254.44. For operations at a drilling or production
facility, your scenario must show how you will cope with the initial
spill volume upon arrival at the scene and then support operations for
a blowout lasting 30 days.
(2) A description of the personnel, materials, and support vessels
that would be necessary to ensure that the identified response
equipment is deployed and operated promptly and effectively. Your
description must include the location and owner of these resources as
well as the quantities and types (if applicable);
(3) A description of your oil storage, transfer, and disposal
equipment. Your description must include the types, location and owner,
quantity, and capacities of the equipment; and
(4) An estimation of the individual times needed for:
(i) Procurement of the identified containment, recovery, and
storage equipment;
(ii) Procurement of equipment transportation vessel(s);
(iii) Procurement of personnel to load and operate the equipment;
(iv) Equipment loadout (transfer of equipment to transportation
vessel(s));
(v) Travel to the deployment site (including any time required for
travel from an equipment storage area); and
(vi) Equipment deployment.
(e) In preparing the discussion required by paragraph (d) of this
section, you must:
(1) Ensure that the response equipment, materials, support vessels,
and strategies listed are suitable, within the limits of current
technology, for the range of environmental conditions anticipated at
your facility; and
(2) Use standardized, defined terms to describe the range of
environmental conditions anticipated and the capabilities of response
equipment. Examples of acceptable terms include those defined in
American Society for Testing of Materials (ASTM) publication F625-94,
Standard Practice for Describing Environmental Conditions Relevant to
Spill Control Systems for Use on Water, and ASTM F818-93, Standard
Definitions Relating to Spill Response Barriers.
[[Page 14001]]
Sec. 254.27 What information must I include in the ``Dispersant use
plan'' appendix?
Your dispersant use plan must be consistent with the National
Contingency Plan Product Schedule and other provisions of the National
Contingency Plan and the appropriate Area Contingency Plan(s). The plan
must include:
(a) An inventory and a location of the dispersants and other
chemical or biological products which you might use on the oils
handled, stored, or transported at the facility;
(b) A summary of toxicity data for these products;
(c) A description and a location of any application equipment
required as well as an estimate of the time to commence application
after approval is obtained;
(d) A discussion of the application procedures;
(e) A discussion of the conditions under which product use may be
requested; and
(f) An outline of the procedures you must follow in obtaining
approval for product use.
Sec. 254.28 What information must I include in the ``In situ burning
plan'' appendix?
Your in situ burning plan must be consistent with any guidelines
authorized by the National Contingency Plan and the appropriate Area
Contingency Plan(s). Your in situ burning plan must include:
(a) A description of the in situ burn equipment including its
availability, location, and owner;
(b) A discussion of your in situ burning procedures, including
provisions for ignition of an oil spill;
(c) A discussion of environmental effects of an in situ burn;
(d) Your guidelines for well control and safety of personnel and
property;
(e) A discussion of the circumstances in which in situ burning may
be appropriate;
(f) Your guidelines for making the decision to ignite; and
(g) An outline of the procedures you must follow to obtain approval
for an in situ burn.
Sec. 254.29 What information must I include in the ``Training and
drills'' appendix?
Your ``Training and drills'' appendix must:
(a) Identify and include the dates of the training provided to
members of the spill-response management team and the qualified
individual. The types of training given to the members of the spill-
response operating team also must be described. The training
requirements for your spill management team and your spill-response
operating team are specified in Sec. 254.41. You must designate a
location where you keep course completion certificates or attendance
records for this training.
(b) Describe in detail your plans for satisfying the exercise
requirements of Sec. 254.42. You must designate a location where you
keep the records of these exercises.
Sec. 254.30 When must I revise my response plan?
(a) You must review your response plan at least every 2 years and
submit all resulting modifications to the Regional Supervisor. If this
review does not result in modifications, you must inform the Regional
Supervisor in writing that there are no changes.
(b) You must submit revisions to your plan for approval within 15
days whenever:
(1) A change occurs which significantly reduces your response
capabilities;
(2) A significant change occurs in the worst case discharge
scenario or in the type of oil being handled, stored, or transported at
the facility;
(3) There is a change in the name(s) or capabilities of the oil
spill removal organizations cited in the plan; or
(4) There is a significant change to the Area Contingency Plan(s).
(c) The Regional Supervisor may require that you resubmit your plan
if the plan has become outdated or if numerous revisions have made its
use difficult.
(d) The Regional Supervisor will periodically review the equipment
inventories of OSRO's to ensure that sufficient spill removal equipment
is available to meet the cumulative needs of the owners and operators
who cite these organizations in their plans.
(e) The Regional Supervisor may require you to revise your plan if
significant inadequacies are indicated by:
(1) Periodic reviews (described in paragraph (d) of this section);
(2) Information obtained during drills or actual spill responses;
or
(3) Other relevant information the Regional Supervisor obtained.
Subpart C--Related Requirements for Outer Continental Shelf
Facilities
Sec. 254.40 Records.
You must make all records of services, personnel, and equipment
provided by OSRO's or cooperatives available to any authorized MMS
representative upon request.
Sec. 254.41 Training your response personnel.
(a) You must ensure that the members of your spill-response
operating team who are responsible for operating response equipment
attend hands-on training classes at least annually. This training must
include the deployment and operation of the response equipment they
will use. Those responsible for supervising the team must be trained
annually in directing the deployment and use of the response equipment.
(b) You must ensure that the spill-response management team,
including the spill-response coordinator and alternates, receives
annual training. This training must include instruction on:
(1) Locations, intended use, deployment strategies, and the
operational and logistical requirements of response equipment;
(2) Spill reporting procedures;
(3) Oil-spill trajectory analysis and predicting spill movement;
and
(4) Any other responsibilities the spill management team may have.
(c) You must ensure that the qualified individual is sufficiently
trained to perform his or her duties.
(d) You must keep all training certificates and training attendance
records at the location designated in your response plan for at least 2
years. They must be made available to any authorized MMS representative
upon request.
Sec. 254.42 Exercises for your response personnel and equipment.
(a) You must exercise your entire response plan at least once every
3 years (triennial exercise). You may satisfy this requirement by
conducting separate exercises for individual parts of the plan over the
3-year period; you do not have to exercise your entire response plan at
one time.
(b) In satisfying the triennial exercise requirement, you must, at
a minimum, conduct:
(1) An annual spill management team tabletop exercise. The exercise
must test the spill management team's organization, communication, and
decisionmaking in managing a response. You must not reveal the spill
scenario to team members before the exercise starts.
(2) An annual deployment exercise of response equipment identified
in your plan that is staged at onshore locations. You must deploy and
operate each type of equipment in each triennial period. However, it is
not necessary to deploy and operate each individual piece of equipment.
(3) An annual notification exercise for each facility that is
manned on a 24-
[[Page 14002]]
hour basis. The exercise must test the ability of facility personnel
to communicate pertinent information in a timely manner to the
qualified individual.
(4) A semiannual deployment exercise of any response equipment
which the MMS Regional Supervisor requires an owner or operator to
maintain at the facility or on dedicated vessels. You must deploy and
operate each type of this equipment at least once each year. Each type
need not be deployed and operated at each exercise.
(c) During your exercises, you must simulate conditions in the area
of operations, including seasonal weather variations, to the extent
practicable. The exercises must cover a range of scenarios over the 3-
year exercise period, simulating responses to large continuous spills,
spills of short duration and limited volume, and your worst case
discharge scenario.
(d) MMS will recognize and give credit for any documented exercise
conducted that satisfies some part of the required triennial exercise.
You will receive this credit whether the owner or operator, an OSRO, or
a Government regulatory agency initiates the exercise. MMS will give
you credit for an actual spill response if you evaluate the response
and generate a proper record. Exercise documentation should include the
following information:
(1) Type of exercise;
(2) Date and time of the exercise;
(3) Description of the exercise;
(4) Objectives met; and
(5) Lessons learned.
(e) All records of spill-response exercises must be maintained for
the complete 3-year exercise cycle. Records should be maintained at the
facility or at a corporate location designated in the plan. Records
showing that OSRO's and oil spill removal cooperatives have deployed
each type of equipment also must be maintained for the 3-year cycle.
(f) You must inform the Regional Supervisor of the date of any
exercise required by paragraph (b)(1), (2), or (4) of this section at
least 30 days before the exercise. This will allow MMS personnel the
opportunity to witness any exercises.
(g) The Regional Supervisor periodically will initiate unannounced
drills to test the spill response preparedness of owners and operators.
(h) The Regional Supervisor may require changes in the frequency or
location of the required exercises, equipment to be deployed and
operated, or deployment procedures or strategies. The Regional
Supervisor may evaluate the results of the exercises and advise the
owner or operator of any needed changes in response equipment,
procedures, or strategies.
(i) Compliance with the National Preparedness for Response Exercise
Program (PREP) Guidelines will satisfy the exercise requirements of
this section. Copies of the PREP document may be obtained from the
Regional Supervisor.
Sec. 254.43 Maintenance and periodic inspection of response equipment.
(a) You must ensure that the response equipment listed in your
response plan is inspected at least monthly and is maintained, as
necessary, to ensure optimal performance.
(b) You must ensure that records of the inspections and the
maintenance activities are kept for at least 2 years and are made
available to any authorized MMS representative upon request.
Sec. 254.44 Calculating response equipment effective daily recovery
capacities.
(a) You are required by Sec. 254.26(d)(1) to calculate the
effective daily recovery capacity of the response equipment identified
in your response plan that you would use to contain and recover your
worst case discharge. You must calculate the effective daily recovery
capacity of the equipment by multiplying the manufacturer's rated
throughput capacity over a 24-hour period by 20 percent. This 20
percent efficiency factor takes into account the limitations of the
recovery operations due to available daylight, sea state, temperature,
viscosity, and emulsification of the oil being recovered. You must use
this calculated rate to determine if you have sufficient recovery
capacity to respond to your worst case discharge scenario.
(b) If you want to use a different efficiency factor for specific
oil recovery devices, you must submit evidence to substantiate that
efficiency factor. Adequate evidence includes verified performance data
measured during actual spills or test data gathered according to the
provisions of Sec. 254.45 (b) and (c).
Sec. 254.45 Verifying the capabilities of your response equipment.
(a) The Regional Supervisor may require performance testing of any
spill-response equipment listed in your response plan to verify its
capabilities 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 MMS.
(b) You must conduct any required performance testing of booms in
accordance with MMS-approved test criteria. You may use the document
``Test Protocol for the Evaluation of Oil-Spill Containment Booms,''
available from MMS, for guidance. Performance testing of skimmers also
must be conducted in accordance with MMS approved test criteria. You
may use the document ``Suggested Test Protocol for the Evaluation of
Oil Spill Skimmers for the OCS,'' available from MMS, for guidance.
(c) You are responsible for any required testing of equipment
performance and for the accuracy of the information submitted.
Sec. 254.46 Whom do I notify if an oil spill occurs?
(a) You must immediately notify the National Response Center (1-
800-424-8802) if you observe:
(1) An oil spill from your facility;
(2) An oil spill from another offshore facility; or
(3) An offshore spill of unknown origin.
(b) In the event of a spill of 1 barrel or more from your facility,
you must orally notify the Regional Supervisor without delay. You also
must report spills from your facility of unknown size but thought to be
1 barrel or more.
(1) If a spill from your facility not originally reported to the
Regional Supervisor is subsequently found to be 1 barrel or more, you
must then report it without delay.
(2) You must file a written followup report for any spill from your
facility of 1 barrel or more. The Regional Supervisor must receive this
confirmation within 15 days after the spillage has been stopped. All
reports must include the cause, location, volume, and remedial action
taken. Reports of spills of more than 50 barrels must include
information on the sea state, meteorological conditions, and the size
and appearance of the slick. The Regional Supervisor may require
additional information if it is determined that an analysis of the
response is necessary.
(c) If you observe a spill resulting from operations at another
offshore facility, you must immediately notify the responsible party
and the Regional Supervisor.
Sec. 254.47 Determining the volume of oil of your worst case discharge
scenario.
You must calculate the volume of oil of your worst case discharge
scenario as follows:
(a) For an oil production platform facility, the size of your worst
case discharge scenario is the sum of the following:
(1) The maximum capacity of all oil storage tanks and flow lines on
the
[[Page 14003]]
facility. Flow line volume may be estimated; and
(2) The volume of oil calculated to leak from a break in any
pipelines connected to the facility considering shutdown time, the
effect of hydrostatic pressure, gravity, frictional wall forces and
other factors; and
(3) The daily production volume from an uncontrolled blowout of the
highest capacity well associated with the facility. In determining the
daily discharge rate, you must consider reservoir characteristics,
casing/production tubing sizes, and historical production and reservoir
pressure data. Your scenario must discuss how to respond to this well
flowing for 30 days as required by Sec. 254.26(d)(1).
(b) For exploratory or development drilling operations, the size of
your worst case discharge scenario is the daily volume possible from an
uncontrolled blowout. In determining the daily discharge rate, you must
consider any known reservoir characteristics. If reservoir
characteristics are unknown, you must consider the characteristics of
any analog reservoirs from the area and give an explanation for the
selection of the reservoir(s) used. Your scenario must discuss how to
respond to this well flowing for 30 days as required by
Sec. 254.26(d)(1).
(c) For a pipeline facility, the size of your worst case discharge
scenario is the volume possible from a pipeline break. You must
calculate this volume as follows:
(1) Add the pipeline system leak detection time to the shutdown
response time.
(2) Multiply the time calculated in paragraph (c)(1) of this
section by the highest measured oil flow rate over the preceding 12-
month period. For new pipelines, you should use the predicted oil flow
rate in the calculation.
(3) Add to the volume calculated in paragraph (c)(2) of this
section the total volume of oil that would leak from the pipeline after
it is shut in. Calculate this volume by taking into account the effects
of hydrostatic pressure, gravity, frictional wall forces, length of
pipeline segment, tie-ins with other pipelines, and other factors.
(d) If your facility which stores, handles, transfers, processes,
or transports oil does not fall into the categories listed in paragraph
(a), (b), or (c) of this section, contact the Regional Supervisor for
instructions on the calculation of the volume of your worst case
discharge scenario.
Subpart D--Oil-Spill Response Requirements for Facilities Located
in State Waters Seaward of the Coast Line.
Sec. 254.50 Spill response plans for facilities located in State
waters seaward of the coast line.
Owners or operators of facilities located in State waters seaward
of the coast line must submit a spill-response plan to MMS for
approval. You may choose one of three methods to comply with this
requirement. The three methods are described in Secs. 254.51, 254.52,
and 254.53.
Sec. 254.51 Modifying an existing OCS response plan.
You may modify an existing response plan covering a lease or
facility on the OCS to include a lease or facility in State waters
located seaward of the coast line. Since this plan would cover more
than one lease or facility, it would be considered a Regional Response
Plan. You should refer to Sec. 254.3 and contact the appropriate
regional MMS office if you have any questions on how to prepare this
Regional Response Plan.
Sec. 254.52 Following the format for an OCS response plan.
You may develop a response plan following the requirements for
plans for OCS facilities found in subpart B of this part.
Sec. 254.53 Submitting a response plan developed under State
requirements.
(a) You may submit a response plan to MMS for approval that you
developed in accordance with the laws or regulations of the appropriate
State. The plan must contain all the elements the State and OPA require
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. 254.47. The plan must provide proof of contractual
services or other evidence of a contractual agreement with any OSRO's
or spill management team members who are not employees of the owner or
operator.
(4) Describe the training, equipment testing, periodic unannounced
drills, and response actions of personnel at the facility. These must
ensure both the safety of the facility and the mitigation or prevention
of a discharge or the substantial threat of a discharge.
(5) Describe the procedures you will use to periodically update and
resubmit the plan for approval of each significant change.
(b) Your plan developed under State requirements also must include
the following information:
(1) A list of the facilities and leases the plan covers and a map
showing their location;
(2) A list of the types of oil handled, stored, or transported at
the facility;
(3) Name and address of the State agency to whom the plan was
submitted;
(4) Date you submitted the plan to the State;
(5) 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; and
(6) Identification of any regulations or standards used in
preparing the plan.
Sec. 254.54 Spill prevention for facilities located in State waters
seaward of the coast line.
In addition to your response plan, you must submit to the Regional
Supervisor a description of the steps you are taking to prevent spills
of oil or mitigate a substantial threat of such a discharge. You must
identify all State or Federal safety or pollution prevention
requirements that apply to the prevention of oil spills from your
facility, and demonstrate your compliance with these requirements. You
also should include a description of industry safety and pollution
prevention standards your facility meets. The Regional Supervisor may
prescribe additional equipment or procedures for spill prevention if it
is determined that your efforts to prevent spills do not reflect good
industry practices.
[FR Doc. 97-7279 Filed 3-24-97; 8:45 am]
BILLING CODE 4310-MR-P
