31 Tex. Admin. Code § 19.13 - Requirements for Discharge Prevention and Response Plans
(a) Applicability. Any person who operates a
waterfront or offshore facility and must obtain a discharge prevention and
response certificate prior to operation.
(b) Implementation of plans. An operator of
any facility that requires certification must develop and implement a written
discharge prevention and response plan. Before issuing a certificate, the GLO
will conduct an on-site review of the plan. The GLO will determine whether the
facility's plan contains all the information required by this section and has
been fully implemented. Any person who operates a waterfront or offshore
facility must maintain compliance with the plan requirements.
(c) Required elements of discharge prevention
and response plans for all facility classifications. Operators of all
facilities that require certification must prepare discharge prevention and
response plans which meet the requirements of TNRC §40.111 and include the
following information:
(1) the owner and
operator of the facility;
(2) the
person or persons in charge of the facility, as required by §
19.16 of this title (relating to
Person in Charge), and a current emergency contact phone number that will be
answered 24 hours a day;
(3) the
name and address (both physical and mailing) of the facility;
(4) a description of the facility, including:
(A) the location of the facility by latitude
and longitude;
(B) the facility's
primary activity;
(C) the types of
oil handled, whether safety data sheets (SDS) have been prepared for them, and
the location where the (SDS) are maintained;
(D) the storage capacity of each tank used
for storing oil;
(E) the diameter
of all lines through which oil is transferred;
(F) the average daily throughput of oil at
the facility; and
(G) the
dimensions and capacity in barrels of the largest oil-handling vessel which
docks at the facility.
(5) for a facility which normally does not
have personnel on-site, a commitment to maintain in a prominent location a
legible sign or placard, which must state that the GLO and National Response
Center are to be notified of an oil spill and give the 24-hour phone numbers
for notifying the GLO and National Response Center, and a description and
specific location of all signs;
(6)
a general description of measures taken by the facility to prevent unauthorized
discharges of oil;
(7) a plan to
conduct an annual oil spill drill that entails notifying the GLO and National
Response Center and maintenance of a log at the facility which documents when
the notification drill was conducted and facility personnel who participated in
it;
(8) if oil is transferred at
the facility, emergency transfer procedures to be implemented if an actual or
threatened unauthorized discharge of oil occurs at the facility;
(9) strategic plans to contain and clean up
unauthorized discharges of oil from the facility;
(10) a statement that all facility personnel
who might be involved in an oil spill response have been informed that
detergents or other surfactants are prohibited from being used on an oil spill
in the water, and that dispersants can only be used with the approval of the
Regional Response Team, the interagency group composed of federal and state
agency representatives that coordinates oil spill responses; and
(11) a description of any secondary
containment or diversionary structures, equipment, or systems at the facility
that operate to prevent discharged oil from reaching coastal waters, including,
at minimum:
(A) a description of all
secondary containment at the site; and
(B) the methodology for determining that the
containment structures or equipment are adequate to prevent oil from reaching
coastal waters.
(d) Additional requirements for facilities
classified as intermediate. In addition to the requirements in §19.13(c),
operators of intermediate facilities must prepare written discharge prevention
and response plans which include the following information:
(1) a description of the worst case
unauthorized discharge of oil reasonably likely to occur at the facility and
the rationale used to determine the worst case unauthorized
discharge;
(2) a description and
map of environmentally sensitive areas that would be impacted by the worst case
unauthorized discharge and plans for protecting these areas if an oil spill
occurs at the facility;
(3) a
description of the facility's response strategies to contain and clean up the
worst case unauthorized discharge;
(4) a description of discharge prevention
procedures implemented at the facility, including procedures to prevent
discharges from transfers of oil;
(5) a plan to conduct an annual oil spill
drill that includes the following elements:
(A) notifying the GLO and National Response
Center;
(B) notifying any third
parties, such as discharge cleanup organizations, which have agreed to respond
to an oil spill and confirming they would be able to respond to an oil spill at
the facility on the day of the drill;
(C) if the facility has spill response
equipment stored on-site, deployment of a representative portion of the
equipment which would be used to respond to the type of discharge most likely
to occur at the facility; and
(D) a
log documenting when the annual drill was conducted and the facility personnel
who participated in it; and
(6) if the operator has entered into any oil
spill response or cleanup contracts or basic ordering agreements with a
discharge cleanup organization, copies of the contracts or agreements or a
narrative description of their terms.
(e) Additional requirements for facilities
classified as large. In addition to the requirements in §19.13(c), operators of
large facilities must prepare written discharge prevention and response plans
which include the following information:
(1)
maps showing vehicular access to the facility, pipelines to and from the
facility, and nearby residential or other populous areas;
(2) a site plan of the facility showing:
(A) the location of all structures in which
oil is stored;
(B) the location of
all areas where oil is transferred at the facility; and
(C) drainage and diversion systems at the
facility, such as sewers, outfalls, catchment or containment systems or basins,
sumps, and all watercourses into which surface runoff from the facility drains
(all of which will be shown on the site plan or maps);
(3) a plan to conduct an annual oil spill
drill that includes the following elements:
(A) notifying the GLO and National Response
Center;
(B) notifying any third
parties, such as discharge cleanup organizations, which have agreed to respond
to an oil spill and confirming they would be able to respond to an oil spill at
the facility on the day of the drill;
(C) if the facility has spill response
equipment stored on-site, deployment of a representative portion of the
equipment which would be used to respond to the type of discharge most likely
to occur at the facility; and
(D) a
log documenting when the annual drill was conducted and the facility personnel
who participated in it;
(4) a detailed description of the facility's
discharge prevention and response capability, including:
(A) leak detection and safety systems to
prevent accidental discharges of oil, including a description of equipment and
procedures;
(B) schedules, methods,
and procedures for testing, maintaining, and inspecting storage tanks,
pipelines, and other equipment used for handling oil;
(C) schedules, methods, and procedures for
conducting accidental discharge response drills;
(D) whether the facility's oil spill response
capability will primarily be based on contracts or agreements with third
parties or on the facility's own personnel and equipment;
(E) planned response actions, the chain of
command, lines of communication, and procedures for notifying the GLO,
emergency response and public safety entities, other agencies, and neighboring
facilities in the event of an unauthorized discharge of oil;
(F) oil spill response equipment and supplies
located at the facility, their ownership and location, and the time required to
deploy them;
(G) if the facility
owns and maintains oil spill response equipment, the schedules, methods, and
procedures for maintaining the equipment in a state of constant readiness for
deployment;
(H) if the operator has
entered into any oil spill response or cleanup contracts or basic ordering
agreements with a discharge cleanup organization, copies of the contracts or
agreements or a narrative description of their terms;
(I) the worst case unauthorized discharge of
oil reasonably likely to occur at the facility and the rationale used to
determine the worst case unauthorized discharge;
(J) a description and map of environmentally
sensitive areas that would be impacted by the worst case unauthorized discharge
and plans for protecting these areas if an oil spill occurs at the
facility;
(K) a description of
response strategies that would be implemented to contain and clean up the worst
case unauthorized discharge;
(L)
information on the facility's program for training facility personnel on
accidental discharge prevention and response;
(M) information on facility personnel who
have been specifically designated to respond to an oil spill, including any
training they have received and where the training records are
maintained;
(N) plans for
transferring oil during an emergency; plans for recovering, storing,
separating, transporting, and disposing of oily waste materials generated
during an oil spill response; and
(O) plans for providing emergency medical
treatment, site safety, and security during an oil spill.
Notes
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