Response Plans for Facilities Seaward of the Coast Line

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.

-----------------------------------------------------------------------

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