Response Plans for Facilities Located Seaward of the Coast Line

Federal RegisterMar 25, 1997

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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

[[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.

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.

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.

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).

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.

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.

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;

(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.

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

(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

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.

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;

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;

(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).

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;

(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.

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.

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.

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.

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).

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.