Appendix E to Part 112 - Determination and Evaluation of Required Response Resources for Facility Response Plans
40:24.0.1.1.7.4.6.3.5 : Appendix E
Appendix E to Part 112 - Determination and Evaluation of Required
Response Resources for Facility Response Plans 1.0 Purpose and
Definitions
1.1 The purpose of this appendix is to describe the procedures
to identify response resources to meet the requirements of §
112.20. To identify response resources to meet the facility
response plan requirements of 40 CFR 112.20(h), owners or operators
shall follow this appendix or, where not appropriate, shall clearly
demonstrate in the response plan why use of this appendix is not
appropriate at the facility and make comparable arrangements for
response resources.
1.2 Definitions.
1.2.1 Animal fat means a non-petroleum oil, fat, or
grease of animal, fish, or marine mammal origin. Animal fats are
further classified based on specific gravity as follows:
(1) Group A - specific gravity less than 0.8.
(2) Group B - specific gravity equal to or greater than 0.8 and
less than 1.0.
(3) Group C - specific gravity equal to or greater than 1.0.
1.2.2 Nearshore is an operating area defined as extending
seaward 12 miles from the boundary lines defined in 46 CFR part 7,
except in the Gulf of Mexico. In the Gulf of Mexico, it means the
area extending 12 miles from the line of demarcation (COLREG lines)
defined in 49 CFR 80.740 and 80.850.
1.2.3 Non-persistent oils or Group 1 oils
include:
(1) A petroleum-based oil that, at the time of shipment,
consists of hydrocarbon fractions:
(A) At least 50 percent of which by volume, distill at a
temperature of 340 degrees C (645 degrees F); and
(B) At least 95 percent of which by volume, distill at a
temperature of 370 degrees C (700 degrees F); and
(2) A non-petroleum oil, other than an animal fat or vegetable
oil, with a specific gravity less than 0.8.
1.2.4 Non-petroleum oil means oil of any kind that is not
petroleum-based, including but not limited to: fats, oils, and
greases of animal, fish, or marine mammal origin; and vegetable
oils, including oils from seeds, nuts, fruits, and kernels.
1.2.5 Ocean means the nearshore area.
1.2.6 Operating area means Rivers and Canals, Inland,
Nearshore, and Great Lakes geographic location(s) in which a
facility is handling, storing, or transporting oil.
1.2.7 Operating environment means Rivers and Canals,
Inland, Great Lakes, or Ocean. These terms are used to define the
conditions in which response equipment is designed to function.
1.2.8 Persistent oils include:
(1) A petroleum-based oil that does not meet the distillation
criteria for a non-persistent oil. Persistent oils are further
classified based on specific gravity as follows:
(A) Group 2 - specific gravity less than 0.85;
(B) Group 3 - specific gravity equal to or greater than 0.85 and
less than 0.95;
(C) Group 4 - specific gravity equal to or greater than 0.95 and
less than 1.0; or
(D) Group 5 - specific gravity equal to or greater than 1.0.
(2) A non-petroleum oil, other than an animal fat or vegetable
oil, with a specific gravity of 0.8 or greater. These oils are
further classified based on specific gravity as follows:
(A) Group 2 - specific gravity equal to or greater than 0.8 and
less than 0.85;
(B) Group 3 - specific gravity equal to or greater than 0.85 and
less than 0.95;
(C) Group 4 - specific gravity equal to or greater than 0.95 and
less than 1.0; or
(D) Group 5 - specific gravity equal to or greater than 1.0.
1.2.9 Vegetable oil means a non-petroleum oil or fat of
vegetable origin, including but not limited to oils and fats
derived from plant seeds, nuts, fruits, and kernels. Vegetable oils
are further classified based on specific gravity as follows:
(1) Group A - specific gravity less than 0.8.
(2) Group B - specific gravity equal to or greater than 0.8 and
less than 1.0.
(3) Group C - specific gravity equal to or greater than 1.0.
1.2.10 Other definitions are included in § 112.2, section 1.1 of
appendix C, and section 3.0 of appendix F.
2.0 Equipment Operability and Readiness
2.1 All equipment identified in a response plan must be designed
to operate in the conditions expected in the facility's geographic
area (i.e., operating environment). These conditions vary widely
based on location and season. Therefore, it is difficult to
identify a single stockpile of response equipment that will
function effectively in each geographic location (i.e., operating
area).
2.2 Facilities handling, storing, or transporting oil in more
than one operating environment as indicated in Table 1 of this
appendix must identify equipment capable of successfully
functioning in each operating environment.
2.3 When identifying equipment for the response plan (based on
the use of this appendix), a facility owner or operator must
consider the inherent limitations of the operability of equipment
components and response systems. The criteria in Table 1 of this
appendix shall be used to evaluate the operability in a given
environment. These criteria reflect the general conditions in
certain operating environments.
2.3.1 The Regional Administrator may require documentation that
the boom identified in a facility response plan meets the criteria
in Table 1 of this appendix. Absent acceptable documentation, the
Regional Administrator may require that the boom be tested to
demonstrate that it meets the criteria in Table 1 of this appendix.
Testing must be in accordance with ASTM F 715, ASTM F 989, or other
tests approved by EPA as deemed appropriate (see appendix E to this
part, section 13, for general availability of documents).
2.4 Table 1 of this appendix lists criteria for oil recovery
devices and boom. All other equipment necessary to sustain or
support response operations in an operating environment must be
designed to function in the same conditions. For example, boats
that deploy or support skimmers or boom must be capable of being
safely operated in the significant wave heights listed for the
applicable operating environment.
2.5 A facility owner or operator shall refer to the applicable
Area Contingency Plan (ACP), where available, to determine if ice,
debris, and weather-related visibility are significant factors to
evaluate the operability of equipment. The ACP may also identify
the average temperature ranges expected in the facility's operating
area. All equipment identified in a response plan must be designed
to operate within those conditions or ranges.
2.6 This appendix provides information on response resource
mobilization and response times. The distance of the facility from
the storage location of the response resources must be used to
determine whether the resources can arrive on-scene within the
stated time. A facility owner or operator shall include the time
for notification, mobilization, and travel of resources identified
to meet the medium and Tier 1 worst case discharge requirements
identified in sections 4.3 and 9.3 of this appendix (for medium
discharges) and section 5.3 of this appendix (for worst case
discharges). The facility owner or operator must plan for
notification and mobilization of Tier 2 and 3 response resources as
necessary to meet the requirements for arrival on-scene in
accordance with section 5.3 of this appendix. An on-water speed of
5 knots and a land speed of 35 miles per hour is assumed, unless
the facility owner or operator can demonstrate otherwise.
2.7 In identifying equipment, the facility owner or operator
shall list the storage location, quantity, and manufacturer's make
and model. For oil recovery devices, the effective daily recovery
capacity, as determined using section 6 of this appendix, must be
included. For boom, the overall boom height (draft and freeboard)
shall be included. A facility owner or operator is responsible for
ensuring that the identified boom has compatible connectors.
3.0 Determining Response Resources Required for Small Discharges -
Petroleum Oils and Non-Petroleum Oils Other Than Animal Fats and
Vegetable Oils
3.1 A facility owner or operator shall identify sufficient
response resources available, by contract or other approved means
as described in § 112.2, to respond to a small discharge. A small
discharge is defined as any discharge volume less than or equal to
2,100 gallons, but not to exceed the calculated worst case
discharge. The equipment must be designed to function in the
operating environment at the point of expected use.
3.2 Complexes that are regulated by EPA and the United States
Coast Guard (USCG) must also consider planning quantities for the
transportation-related transfer portion of the facility.
3.2.1 Petroleum oils. The USCG planning level that
corresponds to EPA's “small discharge” is termed “the average most
probable discharge.” A USCG rule found at 33 CFR 154.1020 defines
“the average most probable discharge” as the lesser of 50 barrels
(2,100 gallons) or 1 percent of the volume of the worst case
discharge. Owners or operators of complexes that handle, store, or
transport petroleum oils must compare oil discharge volumes for a
small discharge and an average most probable discharge, and plan
for whichever quantity is greater.
3.2.2 Non-petroleum oils other than animal fats and vegetable
oils. Owners or operators of complexes that handle, store, or
transport non-petroleum oils other than animal fats and vegetable
oils must plan for oil discharge volumes for a small discharge.
There is no USCG planning level that directly corresponds to EPA's
“small discharge.” However, the USCG (at 33 CFR 154.545) has
requirements to identify equipment to contain oil resulting from an
operational discharge.
3.3 The response resources shall, as appropriate, include:
3.3.1 One thousand feet of containment boom (or, for complexes
with marine transfer components, 1,000 feet of containment boom or
two times the length of the largest vessel that regularly conducts
oil transfers to or from the facility, whichever is greater), and a
means of deploying it within 1 hour of the discovery of a
discharge;
3.3.2 Oil recovery devices with an effective daily recovery
capacity equal to the amount of oil discharged in a small discharge
or greater which is available at the facility within 2 hours of the
detection of an oil discharge; and
3.3.3 Oil storage capacity for recovered oily material indicated
in section 12.2 of this appendix.
4.0 Determining Response Resources Required for Medium Discharges -
Petroleum Oils and Non-Petroleum Oils Other Than Animal Fats and
Vegetable Oils
4.1 A facility owner or operator shall identify sufficient
response resources available, by contract or other approved means
as described in § 112.2, to respond to a medium discharge of oil
for that facility. This will require response resources capable of
containing and collecting up to 36,000 gallons of oil or 10 percent
of the worst case discharge, whichever is less. All equipment
identified must be designed to operate in the applicable operating
environment specified in Table 1 of this appendix.
4.2 Complexes that are regulated by EPA and the USCG must also
consider planning quantities for the transportation-related
transfer portion of the facility.
4.2.1 Petroleum oils. The USCG planning level that
corresponds to EPA's “medium discharge” is termed “the maximum most
probable discharge.” The USCG rule found at 33 CFR part 154 defines
“the maximum most probable discharge” as a discharge of 1,200
barrels (50,400 gallons) or 10 percent of the worst case discharge,
whichever is less. Owners or operators of complexes that handle,
store, or transport petroleum oils must compare calculated
discharge volumes for a medium discharge and a maximum most
probable discharge, and plan for whichever quantity is greater.
4.2.2 Non-petroleum oils other than animal fats and vegetable
oils. Owners or operators of complexes that handle, store, or
transport non-petroleum oils other than animal fats and vegetable
oils must plan for oil discharge volumes for a medium discharge.
For non-petroleum oils, there is no USCG planning level that
directly corresponds to EPA's “medium discharge.”
4.3 Oil recovery devices identified to meet the applicable
medium discharge volume planning criteria must be located such that
they are capable of arriving on-scene within 6 hours in higher
volume port areas and the Great Lakes and within 12 hours in all
other areas. Higher volume port areas and Great Lakes areas are
defined in section 1.1 of appendix C to this part.
4.4 Because rapid control, containment, and removal of oil are
critical to reduce discharge impact, the owner or operator must
determine response resources using an effective daily recovery
capacity for oil recovery devices equal to 50 percent of the
planning volume applicable for the facility as determined in
section 4.1 of this appendix. The effective daily recovery capacity
for oil recovery devices identified in the plan must be determined
using the criteria in section 6 of this appendix.
4.5 In addition to oil recovery capacity, the plan shall, as
appropriate, identify sufficient quantity of containment boom
available, by contract or other approved means as described in §
112.2, to arrive within the required response times for oil
collection and containment and for protection of fish and wildlife
and sensitive environments. For further description of fish and
wildlife and sensitive environments, see Appendices I, II, and III
to DOC/NOAA's “Guidance for Facility and Vessel Response Plans:
Fish and Wildlife and Sensitive Environments” (see appendix E to
this part, section 13, for availability) and the applicable ACP.
Although 40 CFR part 112 does not set required quantities of boom
for oil collection and containment, the response plan shall
identify and ensure, by contract or other approved means as
described in § 112.2, the availability of the quantity of boom
identified in the plan for this purpose.
4.6 The plan must indicate the availability of temporary storage
capacity to meet section 12.2 of this appendix. If available
storage capacity is insufficient to meet this level, then the
effective daily recovery capacity must be derated (downgraded) to
the limits of the available storage capacity.
4.7 The following is an example of a medium discharge volume
planning calculation for equipment identification in a higher
volume port area: The facility's largest aboveground storage tank
volume is 840,000 gallons. Ten percent of this capacity is 84,000
gallons. Because 10 percent of the facility's largest tank, or
84,000 gallons, is greater than 36,000 gallons, 36,000 gallons is
used as the planning volume. The effective daily recovery capacity
is 50 percent of the planning volume, or 18,000 gallons per day.
The ability of oil recovery devices to meet this capacity must be
calculated using the procedures in section 6 of this appendix.
Temporary storage capacity available on-scene must equal twice the
daily recovery capacity as indicated in section 12.2 of this
appendix, or 36,000 gallons per day. This is the information the
facility owner or operator must use to identify and ensure the
availability of the required response resources, by contract or
other approved means as described in § 112.2. The facility owner
shall also identify how much boom is available for use.
5.0 Determining Response Resources Required for the Worst Case
Discharge to the Maximum Extent Practicable
5.1 A facility owner or operator shall identify and ensure the
availability of, by contract or other approved means as described
in § 112.2, sufficient response resources to respond to the worst
case discharge of oil to the maximum extent practicable. Sections 7
and 10 of this appendix describe the method to determine the
necessary response resources. Worksheets are provided as
Attachments E-1 and E-2 at the end of this appendix to simplify the
procedures involved in calculating the planning volume for response
resources for the worst case discharge.
5.2 Complexes that are regulated by EPA and the USCG must also
consider planning for the worst case discharge at the
transportation-related portion of the facility. The USCG requires
that transportation-related facility owners or operators use a
different calculation for the worst case discharge in the revisions
to 33 CFR part 154. Owners or operators of complex facilities that
are regulated by EPA and the USCG must compare both calculations of
worst case discharge derived by EPA and the USCG and plan for
whichever volume is greater.
5.3 Oil discharge response resources identified in the response
plan and available, by contract or other approved means as
described in § 112.2, to meet the applicable worst case discharge
planning volume must be located such that they are capable of
arriving at the scene of a discharge within the times specified for
the applicable response tier listed as follows
Tier 1
(in hours)
Tier 2
(in hours)
Tier 3
(in hours)
Higher volume port
areas
6
30
54
Great Lakes
12
36
60
All other river
and canal, inland, and nearshore areas
12
36
60
The three levels of response tiers apply to the amount of time
in which facility owners or operators must plan for response
resources to arrive at the scene of a discharge to respond to the
worst case discharge planning volume. For example, at a worst case
discharge in an inland area, the first tier of response resources
(i.e., that amount of on-water and shoreline cleanup
capacity necessary to respond to the fraction of the worst case
discharge as indicated through the series of steps described in
sections 7.2 and 7.3 or sections 10.2 and 10.3 of this appendix)
would arrive at the scene of the discharge within 12 hours; the
second tier of response resources would arrive within 36 hours; and
the third tier of response resources would arrive within 60
hours.
5.4 The effective daily recovery capacity for oil recovery
devices identified in the response plan must be determined using
the criteria in section 6 of this appendix. A facility owner or
operator shall identify the storage locations of all response
resources used for each tier. The owner or operator of a facility
whose required daily recovery capacity exceeds the applicable
contracting caps in Table 5 of this appendix shall, as appropriate,
identify sources of additional equipment, their location, and the
arrangements made to obtain this equipment during a response. The
owner or operator of a facility whose calculated planning volume
exceeds the applicable contracting caps in Table 5 of this appendix
shall, as appropriate, identify sources of additional equipment
equal to twice the cap listed in Tier 3 or the amount necessary to
reach the calculated planning volume, whichever is lower. The
resources identified above the cap shall be capable of arriving
on-scene not later than the Tier 3 response times in section 5.3 of
this appendix. No contract is required. While general listings of
available response equipment may be used to identify additional
sources (i.e., “public” resources vs. “private” resources), the
response plan shall identify the specific sources, locations, and
quantities of equipment that a facility owner or operator has
considered in his or her planning. When listing USCG-classified oil
spill removal organization(s) that have sufficient removal capacity
to recover the volume above the response capacity cap for the
specific facility, as specified in Table 5 of this appendix, it is
not necessary to list specific quantities of equipment.
5.5 A facility owner or operator shall identify the availability
of temporary storage capacity to meet section 12.2 of this
appendix. If available storage capacity is insufficient, then the
effective daily recovery capacity must be derated (downgraded) to
the limits of the available storage capacity.
5.6 When selecting response resources necessary to meet the
response plan requirements, the facility owner or operator shall,
as appropriate, ensure that a portion of those resources is capable
of being used in close-to-shore response activities in shallow
water. For any EPA-regulated facility that is required to plan for
response in shallow water, at least 20 percent of the on-water
response equipment identified for the applicable operating area
shall, as appropriate, be capable of operating in water of 6 feet
or less depth.
5.7 In addition to oil spill recovery devices, a facility owner
or operator shall identify sufficient quantities of boom that are
available, by contract or other approved means as described in §
112.2, to arrive on-scene within the specified response times for
oil containment and collection. The specific quantity of boom
required for collection and containment will depend on the
facility-specific information and response strategies employed. A
facility owner or operator shall, as appropriate, also identify
sufficient quantities of oil containment boom to protect fish and
wildlife and sensitive environments. For further description of
fish and wildlife and sensitive environments, see Appendices I, II,
and III to DOC/NOAA's “Guidance for Facility and Vessel Response
Plans: Fish and Wildlife and Sensitive Environments” (see appendix
E to this part, section 13, for availability), and the applicable
ACP. Refer to this guidance document for the number of days and
geographic areas (i.e., operating environments) specified in
Table 2 and Table 6 of this appendix.
5.8 A facility owner or operator shall also identify, by
contract or other approved means as described in § 112.2, the
availability of an oil spill removal organization(s) (as described
in § 112.2) capable of responding to a shoreline cleanup operation
involving the calculated volume of oil and emulsified oil that
might impact the affected shoreline. The volume of oil that shall,
as appropriate, be planned for is calculated through the
application of factors contained in Tables 2, 3, 6, and 7 of this
appendix. The volume calculated from these tables is intended to
assist the facility owner or operator to identify an oil spill
removal organization with sufficient resources and expertise.
6.0 Determining Effective Daily Recovery Capacity for Oil Recovery
Devices
6.1 Oil recovery devices identified by a facility owner or
operator must be identified by the manufacturer, model, and
effective daily recovery capacity. These capacities must be used to
determine whether there is sufficient capacity to meet the
applicable planning criteria for a small discharge, a medium
discharge, and a worst case discharge to the maximum extent
practicable.
6.2 To determine the effective daily recovery capacity of oil
recovery devices, the formula listed in section 6.2.1 of this
appendix shall be used. This formula considers potential
limitations due to available daylight, weather, sea state, and
percentage of emulsified oil in the recovered material. The RA may
assign a lower efficiency factor to equipment listed in a response
plan if it is determined that such a reduction is warranted.
6.2.1 The following formula shall be used to calculate the
effective daily recovery capacity:
R = T × 24 hours × E where: R - Effective daily recovery capacity;
T - Throughput rate in barrels per hour (nameplate capacity); and E
- 20 percent efficiency factor (or lower factor as determined by
the Regional Administrator).
6.2.2 For those devices in which the pump limits the throughput
of liquid, throughput rate shall be calculated using the pump
capacity.
6.2.3 For belt or moptype devices, the throughput rate shall be
calculated using the speed of the belt or mop through the device,
assumed thickness of oil adhering to or collected by the device,
and surface area of the belt or mop. For purposes of this
calculation, the assumed thickness of oil will be 1/4 inch.
6.2.4 Facility owners or operators that include oil recovery
devices whose throughput is not measurable using a pump capacity or
belt/mop speed may provide information to support an alternative
method of calculation. This information must be submitted following
the procedures in section 6.3.2 of this appendix.
6.3 As an alternative to section 6.2 of this appendix, a
facility owner or operator may submit adequate evidence that a
different effective daily recovery capacity should be applied for a
specific oil recovery device. Adequate evidence is actual verified
performance data in discharge conditions or tests using American
Society of Testing and Materials (ASTM) Standard F 631-99, F 808-83
(1999), or an equivalent test approved by EPA as deemed appropriate
(see Appendix E to this part, section 13, for general availability
of documents).
6.3.1 The following formula must be used to calculate the
effective daily recovery capacity under this alternative:
R = D × U where: R - Effective daily recovery capacity; D - Average
Oil Recovery Rate in barrels per hour (Item 26 in F 808-83; Item
13.2.16 in F 631-99; or actual performance data); and U - Hours per
day that equipment can operate under discharge conditions. Ten
hours per day must be used unless a facility owner or operator can
demonstrate that the recovery operation can be sustained for longer
periods.
6.3.2 A facility owner or operator submitting a response plan
shall provide data that supports the effective daily recovery
capacities for the oil recovery devices listed. The following is an
example of these calculations:
(1) A weir skimmer identified in a response plan has a
manufacturer's rated throughput at the pump of 267 gallons per
minute (gpm).
267 gpm = 381 barrels per hour (bph) R = 381 bph × 24 hr/day × 0.2
= 1,829 barrels per day
(2) After testing using ASTM procedures, the skimmer's oil
recovery rate is determined to be 220 gpm. The facility owner or
operator identifies sufficient resources available to support
operations for 12 hours per day.
220 gpm = 314 bph R = 314 bph × 12 hr/day = 3,768 barrels per day
(3) The facility owner or operator will be able to use the
higher capacity if sufficient temporary oil storage capacity is
available. Determination of alternative efficiency factors under
section 6.2 of this appendix or the acceptability of an alternative
effective daily recovery capacity under section 6.3 of this
appendix will be made by the Regional Administrator as deemed
appropriate.
7.0 Calculating Planning Volumes for a Worst Case Discharge -
Petroleum Oils and Non-Petroleum Oils Other Than Animal Fats and
Vegetable Oils
7.1 A facility owner or operator shall plan for a response to
the facility's worst case discharge. The planning for on-water oil
recovery must take into account a loss of some oil to the
environment due to evaporative and natural dissipation, potential
increases in volume due to emulsification, and the potential for
deposition of oil on the shoreline. The procedures for
non-petroleum oils other than animal fats and vegetable oils are
discussed in section 7.7 of this appendix.
7.2 The following procedures must be used by a facility owner or
operator in determining the required on-water oil recovery
capacity:
7.2.1 The following must be determined: the worst case discharge
volume of oil in the facility; the appropriate group(s) for the
types of oil handled, stored, or transported at the facility
[persistent (Groups 2, 3, 4, 5) or non-persistent (Group 1)]; and
the facility's specific operating area. See sections 1.2.3 and
1.2.8 of this appendix for the definitions of non-persistent and
persistent oils, respectively. Facilities that handle, store, or
transport oil from different oil groups must calculate each group
separately, unless the oil group constitutes 10 percent or less by
volume of the facility's total oil storage capacity. This
information is to be used with Table 2 of this appendix to
determine the percentages of the total volume to be used for
removal capacity planning. Table 2 of this appendix divides the
volume into three categories: oil lost to the environment; oil
deposited on the shoreline; and oil available for on-water
recovery.
7.2.2 The on-water oil recovery volume shall, as appropriate, be
adjusted using the appropriate emulsification factor found in Table
3 of this appendix. Facilities that handle, store, or transport oil
from different petroleum groups must compare the on-water recovery
volume for each oil group (unless the oil group constitutes 10
percent or less by volume of the facility's total storage capacity)
and use the calculation that results in the largest on-water oil
recovery volume to plan for the amount of response resources for a
worst case discharge.
7.2.3 The adjusted volume is multiplied by the on-water oil
recovery resource mobilization factor found in Table 4 of this
appendix from the appropriate operating area and response tier to
determine the total on-water oil recovery capacity in barrels per
day that must be identified or contracted to arrive on-scene within
the applicable time for each response tier. Three tiers are
specified. For higher volume port areas, the contracted tiers of
resources must be located such that they are capable of arriving
on-scene within 6 hours for Tier 1, 30 hours for Tier 2, and 54
hours for Tier 3 of the discovery of an oil discharge. For all
other rivers and canals, inland, nearshore areas, and the Great
Lakes, these tiers are 12, 36, and 60 hours.
7.2.4 The resulting on-water oil recovery capacity in barrels
per day for each tier is used to identify response resources
necessary to sustain operations in the applicable operating area.
The equipment shall be capable of sustaining operations for the
time period specified in Table 2 of this appendix. The facility
owner or operator shall identify and ensure the availability, by
contract or other approved means as described in § 112.2, of
sufficient oil spill recovery devices to provide the effective
daily oil recovery capacity required. If the required capacity
exceeds the applicable cap specified in Table 5 of this appendix,
then a facility owner or operator shall ensure, by contract or
other approved means as described in § 112.2, only for the quantity
of resources required to meet the cap, but shall identify sources
of additional resources as indicated in section 5.4 of this
appendix. The owner or operator of a facility whose planning volume
exceeded the cap in 1993 must make arrangements to identify and
ensure the availability, by contract or other approved means as
described in § 112.2, for additional capacity to be under contract
by 1998 or 2003, as appropriate. For a facility that handles
multiple groups of oil, the required effective daily recovery
capacity for each oil group is calculated before applying the cap.
The oil group calculation resulting in the largest on-water
recovery volume must be used to plan for the amount of response
resources for a worst case discharge, unless the oil group
comprises 10 percent or less by volume of the facility's total oil
storage capacity.
7.3 The procedures discussed in sections 7.3.1-7.3.3 of this
appendix must be used to calculate the planning volume for
identifying shoreline cleanup capacity (for Group 1 through Group 4
oils).
7.3.1 The following must be determined: the worst case discharge
volume of oil for the facility; the appropriate group(s) for the
types of oil handled, stored, or transported at the facility
[persistent (Groups 2, 3, or 4) or non-persistent (Group 1)]; and
the geographic area(s) in which the facility operates (i.e.,
operating areas). For a facility handling, storing, or transporting
oil from different groups, each group must be calculated
separately. Using this information, Table 2 of this appendix must
be used to determine the percentages of the total volume to be used
for shoreline cleanup resource planning.
7.3.2 The shoreline cleanup planning volume must be adjusted to
reflect an emulsification factor using the same procedure as
described in section 7.2.2 of this appendix.
7.3.3 The resulting volume shall be used to identify an oil
spill removal organization with the appropriate shoreline cleanup
capability.
7.4 A response plan must identify response resources with fire
fighting capability. The owner or operator of a facility that
handles, stores, or transports Group 1 through Group 4 oils that
does not have adequate fire fighting resources located at the
facility or that cannot rely on sufficient local fire fighting
resources must identify adequate fire fighting resources. The
facility owner or operator shall ensure, by contract or other
approved means as described in § 112.2, the availability of these
resources. The response plan must also identify an individual
located at the facility to work with the fire department for Group
1 through Group 4 oil fires. This individual shall also verify that
sufficient well-trained fire fighting resources are available
within a reasonable response time to a worst case scenario. The
individual may be the qualified individual identified in the
response plan or another appropriate individual located at the
facility.
7.5 The following is an example of the procedure described above
in sections 7.2 and 7.3 of this appendix: A facility with a 270,000
barrel (11.3 million gallons) capacity for #6 oil (specific gravity
0.96) is located in a higher volume port area. The facility is on a
peninsula and has docks on both the ocean and bay sides. The
facility has four aboveground oil storage tanks with a combined
total capacity of 80,000 barrels (3.36 million gallons) and no
secondary containment. The remaining facility tanks are inside
secondary containment structures. The largest aboveground oil
storage tank (90,000 barrels or 3.78 million gallons) has its own
secondary containment. Two 50,000 barrel (2.1 million gallon) tanks
(that are not connected by a manifold) are within a common
secondary containment tank area, which is capable of holding
100,000 barrels (4.2 million gallons) plus sufficient
freeboard.
7.5.1 The worst case discharge for the facility is calculated by
adding the capacity of all aboveground oil storage tanks without
secondary containment (80,000 barrels) plus the capacity of the
largest aboveground oil storage tank inside secondary containment.
The resulting worst case discharge volume is 170,000 barrels or
7.14 million gallons.
7.5.2 Because the requirements for Tiers 1, 2, and 3 for inland
and nearshore exceed the caps identified in Table 5 of this
appendix, the facility owner will contract for a response to 10,000
barrels per day (bpd) for Tier 1, 20,000 bpd for Tier 2, and 40,000
bpd for Tier 3. Resources for the remaining 7,850 bpd for Tier 1,
9,750 bpd for Tier 2, and 7,600 bpd for Tier 3 shall be identified
but need not be contracted for in advance. The facility owner or
operator shall, as appropriate, also identify or contract for
quantities of boom identified in their response plan for the
protection of fish and wildlife and sensitive environments within
the area potentially impacted by a worst case discharge from the
facility. For further description of fish and wildlife and
sensitive environments, see Appendices I, II, and III to DOC/NOAA's
“Guidance for Facility and Vessel Response Plans: Fish and Wildlife
and Sensitive Environments,” (see appendix E to this part, section
13, for availability) and the applicable ACP. Attachment C-III to
Appendix C provides a method for calculating a planning distance to
fish and wildlife and sensitive environments and public drinking
water intakes that may be impacted in the event of a worst case
discharge.
7.6 The procedures discussed in sections 7.6.1-7.6.3 of this
appendix must be used to determine appropriate response resources
for facilities with Group 5 oils.
7.6.1 The owner or operator of a facility that handles, stores,
or transports Group 5 oils shall, as appropriate, identify the
response resources available by contract or other approved means,
as described in § 112.2. The equipment identified in a response
plan shall, as appropriate, include:
(1) Sonar, sampling equipment, or other methods for locating the
oil on the bottom or suspended in the water column;
(2) Containment boom, sorbent boom, silt curtains, or other
methods for containing the oil that may remain floating on the
surface or to reduce spreading on the bottom;
(3) Dredges, pumps, or other equipment necessary to recover oil
from the bottom and shoreline;
(4) Equipment necessary to assess the impact of such discharges;
and
(5) Other appropriate equipment necessary to respond to a
discharge involving the type of oil handled, stored,, or
transported.
7.6.2 Response resources identified in a response plan for a
facility that handles, stores, or transports Group 5 oils under
section 7.6.1 of this appendix shall be capable of being deployed
(on site) within 24 hours of discovery of a discharge to the area
where the facility is operating.
7.6.3 A response plan must identify response resources with fire
fighting capability. The owner or operator of a facility that
handles, stores, or transports Group 5 oils that does not have
adequate fire fighting resources located at the facility or that
cannot rely on sufficient local fire fighting resources must
identify adequate fire fighting resources. The facility owner or
operator shall ensure, by contract or other approved means as
described in § 112.2, the availability of these resources. The
response plan shall also identify an individual located at the
facility to work with the fire department for Group 5 oil fires.
This individual shall also verify that sufficient well-trained fire
fighting resources are available within a reasonable response time
to respond to a worst case discharge. The individual may be the
qualified individual identified in the response plan or another
appropriate individual located at the facility.
7.7 Non-petroleum oils other than animal fats and vegetable
oils. The procedures described in sections 7.7.1 through 7.7.5
of this appendix must be used to determine appropriate response
plan development and evaluation criteria for facilities that
handle, store, or transport non-petroleum oils other than animal
fats and vegetable oils. Refer to section 11 of this appendix for
information on the limitations on the use of chemical agents for
inland and nearshore areas.
7.7.1 An owner or operator of a facility that handles, stores,
or transports non-petroleum oils other than animal fats and
vegetable oils must provide information in his or her plan that
identifies:
(1) Procedures and strategies for responding to a worst case
discharge to the maximum extent practicable; and
(2) Sources of the equipment and supplies necessary to locate,
recover, and mitigate such a discharge.
7.7.2 An owner or operator of a facility that handles, stores,
or transports non-petroleum oils other than animal fats and
vegetable oils must ensure that any equipment identified in a
response plan is capable of operating in the conditions expected in
the geographic area(s) (i.e., operating environments) in
which the facility operates using the criteria in Table 1 of this
appendix. When evaluating the operability of equipment, the
facility owner or operator must consider limitations that are
identified in the appropriate ACPs, including:
(1) Ice conditions;
(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
7.7.3 The owner or operator of a facility that handles, stores,
or transports non-petroleum oils other than animal fats and
vegetable oils must identify the response resources that are
available by contract or other approved means, as described in §
112.2. The equipment described in the response plan shall, as
appropriate, include:
(1) Containment boom, sorbent boom, or other methods for
containing oil floating on the surface or to protect shorelines
from impact;
(2) Oil recovery devices appropriate for the type of
non-petroleum oil carried; and
(3) Other appropriate equipment necessary to respond to a
discharge involving the type of oil carried.
7.7.4 Response resources identified in a response plan according
to section 7.7.3 of this appendix must be capable of commencing an
effective on-scene response within the applicable tier response
times in section 5.3 of this appendix.
7.7.5 A response plan must identify response resources with fire
fighting capability. The owner or operator of a facility that
handles, stores, or transports non-petroleum oils other than animal
fats and vegetable oils that does not have adequate fire fighting
resources located at the facility or that cannot rely on sufficient
local fire fighting resources must identify adequate fire fighting
resources. The owner or operator shall ensure, by contract or other
approved means as described in § 112.2, the availability of these
resources. The response plan must also identify an individual
located at the facility to work with the fire department for fires
of these oils. This individual shall also verify that sufficient
well-trained fire fighting resources are available within a
reasonable response time to a worst case scenario. The individual
may be the qualified individual identified in the response plan or
another appropriate individual located at the facility.
8.0 Determining Response Resources Required for Small Discharges -
Animal Fats and Vegetable Oils
8.1 A facility owner or operator shall identify sufficient
response resources available, by contract or other approved means
as described in § 112.2, to respond to a small discharge of animal
fats or vegetable oils. A small discharge is defined as any
discharge volume less than or equal to 2,100 gallons, but not to
exceed the calculated worst case discharge. The equipment must be
designed to function in the operating environment at the point of
expected use.
8.2 Complexes that are regulated by EPA and the USCG must also
consider planning quantities for the marine transportation-related
portion of the facility.
8.2.1 The USCG planning level that corresponds to EPA's “small
discharge” is termed “the average most probable discharge.” A USCG
rule found at 33 CFR 154.1020 defines “the average most probable
discharge” as the lesser of 50 barrels (2,100 gallons) or 1 percent
of the volume of the worst case discharge. Owners or operators of
complexes that handle, store, or transport animal fats and
vegetable oils must compare oil discharge volumes for a small
discharge and an average most probable discharge, and plan for
whichever quantity is greater.
8.3 The response resources shall, as appropriate, include:
8.3.1 One thousand feet of containment boom (or, for complexes
with marine transfer components, 1,000 feet of containment boom or
two times the length of the largest vessel that regularly conducts
oil transfers to or from the facility, whichever is greater), and a
means of deploying it within 1 hour of the discovery of a
discharge;
8.3.2 Oil recovery devices with an effective daily recovery
capacity equal to the amount of oil discharged in a small discharge
or greater which is available at the facility within 2 hours of the
detection of a discharge; and
8.3.3 Oil storage capacity for recovered oily material indicated
in section 12.2 of this appendix.
9.0 Determining Response Resources Required for Medium Discharges -
Animal Fats and Vegetable Oils
9.1 A facility owner or operator shall identify sufficient
response resources available, by contract or other approved means
as described in § 112.2, to respond to a medium discharge of animal
fats or vegetable oils for that facility. This will require
response resources capable of containing and collecting up to
36,000 gallons of oil or 10 percent of the worst case discharge,
whichever is less. All equipment identified must be designed to
operate in the applicable operating environment specified in Table
1 of this appendix.
9.2 Complexes that are regulated by EPA and the USCG must also
consider planning quantities for the transportation-related
transfer portion of the facility. Owners or operators of complexes
that handle, store, or transport animal fats or vegetable oils must
plan for oil discharge volumes for a medium discharge. For
non-petroleum oils, there is no USCG planning level that directly
corresponds to EPA's “medium discharge.” Although the USCG does not
have planning requirements for medium discharges, they do have
requirements (at 33 CFR 154.545) to identify equipment to contain
oil resulting from an operational discharge.
9.3 Oil recovery devices identified to meet the applicable
medium discharge volume planning criteria must be located such that
they are capable of arriving on-scene within 6 hours in higher
volume port areas and the Great Lakes and within 12 hours in all
other areas. Higher volume port areas and Great Lakes areas are
defined in section 1.1 of appendix C to this part.
9.4 Because rapid control, containment, and removal of oil are
critical to reduce discharge impact, the owner or operator must
determine response resources using an effective daily recovery
capacity for oil recovery devices equal to 50 percent of the
planning volume applicable for the facility as determined in
section 9.1 of this appendix. The effective daily recovery capacity
for oil recovery devices identified in the plan must be determined
using the criteria in section 6 of this appendix.
9.5 In addition to oil recovery capacity, the plan shall, as
appropriate, identify sufficient quantity of containment boom
available, by contract or other approved means as described in §
112.2, to arrive within the required response times for oil
collection and containment and for protection of fish and wildlife
and sensitive environments. For further description of fish and
wildlife and sensitive environments, see Appendices I, II, and III
to DOC/NOAA's “Guidance for Facility and Vessel Response Plans:
Fish and Wildlife and Sensitive Environments” (59 FR 14713-22,
March 29, 1994) and the applicable ACP. Although 40 CFR part 112
does not set required quantities of boom for oil collection and
containment, the response plan shall identify and ensure, by
contract or other approved means as described in § 112.2, the
availability of the quantity of boom identified in the plan for
this purpose.
9.6 The plan must indicate the availability of temporary storage
capacity to meet section 12.2 of this appendix. If available
storage capacity is insufficient to meet this level, then the
effective daily recovery capacity must be derated (downgraded) to
the limits of the available storage capacity.
9.7 The following is an example of a medium discharge volume
planning calculation for equipment identification in a higher
volume port area:
The facility's largest aboveground storage tank volume is
840,000 gallons. Ten percent of this capacity is 84,000 gallons.
Because 10 percent of the facility's largest tank, or 84,000
gallons, is greater than 36,000 gallons, 36,000 gallons is used as
the planning volume. The effective daily recovery capacity is 50
percent of the planning volume, or 18,000 gallons per day. The
ability of oil recovery devices to meet this capacity must be
calculated using the procedures in section 6 of this appendix.
Temporary storage capacity available on-scene must equal twice the
daily recovery capacity as indicated in section 12.2 of this
appendix, or 36,000 gallons per day. This is the information the
facility owner or operator must use to identify and ensure the
availability of the required response resources, by contract or
other approved means as described in § 112.2. The facility owner
shall also identify how much boom is available for use.
10.0 Calculating Planning Volumes for a Worst Case Discharge -
Animal Fats and Vegetable Oils.
10.1 A facility owner or operator shall plan for a response to
the facility's worst case discharge. The planning for on-water oil
recovery must take into account a loss of some oil to the
environment due to physical, chemical, and biological processes,
potential increases in volume due to emulsification, and the
potential for deposition of oil on the shoreline or on sediments.
The response planning procedures for animal fats and vegetable oils
are discussed in section 10.7 of this appendix. You may use
alternate response planning procedures for animal fats and
vegetable oils if those procedures result in environmental
protection equivalent to that provided by the procedures in section
10.7 of this appendix.
10.2 The following procedures must be used by a facility owner
or operator in determining the required on-water oil recovery
capacity:
10.2.1 The following must be determined: the worst case
discharge volume of oil in the facility; the appropriate group(s)
for the types of oil handled, stored, or transported at the
facility (Groups A, B, C); and the facility's specific operating
area. See sections 1.2.1 and 1.2.9 of this appendix for the
definitions of animal fats and vegetable oils and groups thereof.
Facilities that handle, store, or transport oil from different oil
groups must calculate each group separately, unless the oil group
constitutes 10 percent or less by volume of the facility's total
oil storage capacity. This information is to be used with Table 6
of this appendix to determine the percentages of the total volume
to be used for removal capacity planning. Table 6 of this appendix
divides the volume into three categories: oil lost to the
environment; oil deposited on the shoreline; and oil available for
on-water recovery.
10.2.2 The on-water oil recovery volume shall, as appropriate,
be adjusted using the appropriate emulsification factor found in
Table 7 of this appendix. Facilities that handle, store, or
transport oil from different groups must compare the on-water
recovery volume for each oil group (unless the oil group
constitutes 10 percent or less by volume of the facility's total
storage capacity) and use the calculation that results in the
largest on-water oil recovery volume to plan for the amount of
response resources for a worst case discharge.
10.2.3 The adjusted volume is multiplied by the on-water oil
recovery resource mobilization factor found in Table 4 of this
appendix from the appropriate operating area and response tier to
determine the total on-water oil recovery capacity in barrels per
day that must be identified or contracted to arrive on-scene within
the applicable time for each response tier. Three tiers are
specified. For higher volume port areas, the contracted tiers of
resources must be located such that they are capable of arriving
on-scene within 6 hours for Tier 1, 30 hours for Tier 2, and 54
hours for Tier 3 of the discovery of a discharge. For all other
rivers and canals, inland, nearshore areas, and the Great Lakes,
these tiers are 12, 36, and 60 hours.
10.2.4 The resulting on-water oil recovery capacity in barrels
per day for each tier is used to identify response resources
necessary to sustain operations in the applicable operating area.
The equipment shall be capable of sustaining operations for the
time period specified in Table 6 of this appendix. The facility
owner or operator shall identify and ensure, by contract or other
approved means as described in § 112.2, the availability of
sufficient oil spill recovery devices to provide the effective
daily oil recovery capacity required. If the required capacity
exceeds the applicable cap specified in Table 5 of this appendix,
then a facility owner or operator shall ensure, by contract or
other approved means as described in § 112.2, only for the quantity
of resources required to meet the cap, but shall identify sources
of additional resources as indicated in section 5.4 of this
appendix. The owner or operator of a facility whose planning volume
exceeded the cap in 1998 must make arrangements to identify and
ensure, by contract or other approved means as described in §
112.2, the availability of additional capacity to be under contract
by 2003, as appropriate. For a facility that handles multiple
groups of oil, the required effective daily recovery capacity for
each oil group is calculated before applying the cap. The oil group
calculation resulting in the largest on-water recovery volume must
be used to plan for the amount of response resources for a worst
case discharge, unless the oil group comprises 10 percent or less
by volume of the facility's oil storage capacity.
10.3 The procedures discussed in sections 10.3.1 through 10.3.3
of this appendix must be used to calculate the planning volume for
identifying shoreline cleanup capacity (for Groups A and B
oils).
10.3.1 The following must be determined: the worst case
discharge volume of oil for the facility; the appropriate group(s)
for the types of oil handled, stored, or transported at the
facility (Groups A or B); and the geographic area(s) in which the
facility operates (i.e., operating areas). For a facility handling,
storing, or transporting oil from different groups, each group must
be calculated separately. Using this information, Table 6 of this
appendix must be used to determine the percentages of the total
volume to be used for shoreline cleanup resource planning.
10.3.2 The shoreline cleanup planning volume must be adjusted to
reflect an emulsification factor using the same procedure as
described in section 10.2.2 of this appendix.
10.3.3 The resulting volume shall be used to identify an oil
spill removal organization with the appropriate shoreline cleanup
capability.
10.4 A response plan must identify response resources with fire
fighting capability appropriate for the risk of fire and explosion
at the facility from the discharge or threat of discharge of oil.
The owner or operator of a facility that handles, stores, or
transports Group A or B oils that does not have adequate fire
fighting resources located at the facility or that cannot rely on
sufficient local fire fighting resources must identify adequate
fire fighting resources. The facility owner or operator shall
ensure, by contract or other approved means as described in §
112.2, the availability of these resources. The response plan must
also identify an individual to work with the fire department for
Group A or B oil fires. This individual shall also verify that
sufficient well-trained fire fighting resources are available
within a reasonable response time to a worst case scenario. The
individual may be the qualified individual identified in the
response plan or another appropriate individual located at the
facility.
10.5 The following is an example of the procedure described in
sections 10.2 and 10.3 of this appendix. A facility with a 37.04
million gallon (881,904 barrel) capacity of several types of
vegetable oils is located in the Inland Operating Area. The
vegetable oil with the highest specific gravity stored at the
facility is soybean oil (specific gravity 0.922, Group B vegetable
oil). The facility has ten aboveground oil storage tanks with a
combined total capacity of 18 million gallons (428,571 barrels) and
without secondary containment. The remaining facility tanks are
inside secondary containment structures. The largest aboveground
oil storage tank (3 million gallons or 71,428 barrels) has its own
secondary containment. Two 2.1 million gallon (50,000 barrel) tanks
(that are not connected by a manifold) are within a common
secondary containment tank area, which is capable of holding 4.2
million gallons (100,000 barrels) plus sufficient freeboard.
10.5.1 The worst case discharge for the facility is calculated
by adding the capacity of all aboveground vegetable oil storage
tanks without secondary containment (18.0 million gallons) plus the
capacity of the largest aboveground storage tank inside secondary
containment (3.0 million gallons). The resulting worst case
discharge is 21 million gallons or 500,000 barrels.
10.5.2 With a specific worst case discharge identified, the
planning volume for on-water recovery can be identified as
follows:
Worst case discharge: 21 million gallons (500,000 barrels) of Group
B vegetable oil Operating Area: Inland Planned percent recovered
floating vegetable oil (from Table 6, column Nearshore/Inland/Great
Lakes): Inland, Group B is 20% Emulsion factor (from Table 7): 2.0
Planning volumes for on-water recovery: 21,000,000 gallons × 0.2 ×
2.0 = 8,400,000 gallons or 200,000 barrels. Determine required
resources for on-water recovery for each of the three tiers using
mobilization factors (from Table 4, column Inland/Nearshore/Great
Lakes)
Inland Operating Area
Tier 1
Tier 2
Tier 3
Mobilization
factor by which you multiply planning volume
.15
.25
.40
Estimated Daily
Recovery Capacity (bbls)
30,000
50,000
80,000
10.5.3 Because the requirements for On-Water Recovery Resources
for Tiers 1, 2, and 3 for Inland Operating Area exceed the caps
identified in Table 5 of this appendix, the facility owner will
contract for a response of 12,500 barrels per day (bpd) for Tier 1,
25,000 bpd for Tier 2, and 50,000 bpd for Tier 3. Resources for the
remaining 17,500 bpd for Tier 1, 25,000 bpd for Tier 2, and 30,000
bpd for Tier 3 shall be identified but need not be contracted for
in advance.
10.5.4 With the specific worst case discharge identified, the
planning volume of onshore recovery can be identified as
follows:
Worst case discharge: 21 million gallons (500,000 barrels) of Group
B vegetable oil Operating Area: Inland Planned percent recovered
floating vegetable oil from onshore (from Table 6, column
Nearshore/Inland/Great Lakes): Inland, Group B is 65% Emulsion
factor (from Table 7): 2.0 Planning volumes for shoreline recovery:
21,000,000 gallons × 0.65 × 2.0 = 27,300,000 gallons or 650,000
barrels
10.5.5 The facility owner or operator shall, as appropriate,
also identify or contract for quantities of boom identified in the
response plan for the protection of fish and wildlife and sensitive
environments within the area potentially impacted by a worst case
discharge from the facility. For further description of fish and
wildlife and sensitive environments, see Appendices I, II, and III
to DOC/NOAA's “Guidance for Facility and Vessel Response Plans:
Fish and Wildlife and Sensitive Environments,” (see Appendix E to
this part, section 13, for availability) and the applicable ACP.
Attachment C-III to Appendix C provides a method for calculating a
planning distance to fish and wildlife and sensitive environments
and public drinking water intakes that may be adversely affected in
the event of a worst case discharge.
10.6 The procedures discussed in sections 10.6.1 through 10.6.3
of this appendix must be used to determine appropriate response
resources for facilities with Group C oils.
10.6.1 The owner or operator of a facility that handles, stores,
or transports Group C oils shall, as appropriate, identify the
response resources available by contract or other approved means,
as described in § 112.2. The equipment identified in a response
plan shall, as appropriate, include:
(1) Sonar, sampling equipment, or other methods for locating the
oil on the bottom or suspended in the water column;
(2) Containment boom, sorbent boom, silt curtains, or other
methods for containing the oil that may remain floating on the
surface or to reduce spreading on the bottom;
(3) Dredges, pumps, or other equipment necessary to recover oil
from the bottom and shoreline;
(4) Equipment necessary to assess the impact of such discharges;
and
(5) Other appropriate equipment necessary to respond to a
discharge involving the type of oil handled, stored, or
transported.
10.6.2 Response resources identified in a response plan for a
facility that handles, stores, or transports Group C oils under
section 10.6.1 of this appendix shall be capable of being deployed
on scene within 24 hours of discovery of a discharge.
10.6.3 A response plan must identify response resources with
fire fighting capability. The owner or operator of a facility that
handles, stores, or transports Group C oils that does not have
adequate fire fighting resources located at the facility or that
cannot rely on sufficient local fire fighting resources must
identify adequate fire fighting resources. The owner or operator
shall ensure, by contract or other approved means as described in §
112.2, the availability of these resources. The response plan shall
also identify an individual located at the facility to work with
the fire department for Group C oil fires. This individual shall
also verify that sufficient well-trained fire fighting resources
are available within a reasonable response time to respond to a
worst case discharge. The individual may be the qualified
individual identified in the response plan or another appropriate
individual located at the facility.
10.7 The procedures described in sections 10.7.1 through 10.7.5
of this appendix must be used to determine appropriate response
plan development and evaluation criteria for facilities that
handle, store, or transport animal fats and vegetable oils. Refer
to section 11 of this appendix for information on the limitations
on the use of chemical agents for inland and nearshore areas.
10.7.1 An owner or operator of a facility that handles, stores,
or transports animal fats and vegetable oils must provide
information in the response plan that identifies:
(1) Procedures and strategies for responding to a worst case
discharge of animal fats and vegetable oils to the maximum extent
practicable; and
(2) Sources of the equipment and supplies necessary to locate,
recover, and mitigate such a discharge.
10.7.2 An owner or operator of a facility that handles, stores,
or transports animal fats and vegetable oils must ensure that any
equipment identified in a response plan is capable of operating in
the geographic area(s) (i.e., operating environments) in
which the facility operates using the criteria in Table 1 of this
appendix. When evaluating the operability of equipment, the
facility owner or operator must consider limitations that are
identified in the appropriate ACPs, including:
(1) Ice conditions;
(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
10.7.3. The owner or operator of a facility that handles,
stores, or transports animal fats and vegetable oils must identify
the response resources that are available by contract or other
approved means, as described in § 112.2. The equipment described in
the response plan shall, as appropriate, include:
(1) Containment boom, sorbent boom, or other methods for
containing oil floating on the surface or to protect shorelines
from impact;
(2) Oil recovery devices appropriate for the type of animal fat
or vegetable oil carried; and
(3) Other appropriate equipment necessary to respond to a
discharge involving the type of oil carried.
10.7.4 Response resources identified in a response plan
according to section 10.7.3 of this appendix must be capable of
commencing an effective on-scene response within the applicable
tier response times in section 5.3 of this appendix.
10.7.5 A response plan must identify response resources with
fire fighting capability. The owner or operator of a facility that
handles, stores, or transports animal fats and vegetable oils that
does not have adequate fire fighting resources located at the
facility or that cannot rely on sufficient local fire fighting
resources must identify adequate fire fighting resources. The owner
or operator shall ensure, by contract or other approved means as
described in § 112.2, the availability of these resources. The
response plan shall also identify an individual located at the
facility to work with the fire department for animal fat and
vegetable oil fires. This individual shall also verify that
sufficient well-trained fire fighting resources are available
within a reasonable response time to respond to a worst case
discharge. The individual may be the qualified individual
identified in the response plan or another appropriate individual
located at the facility.
11.0 Determining the Availability of Alternative Response Methods
11.1 For chemical agents to be identified in a response plan,
they must be on the NCP Product Schedule that is maintained by EPA.
(Some States have a list of approved dispersants for use within
State waters. Not all of these State-approved dispersants are
listed on the NCP Product Schedule.)
11.2 Identification of chemical agents in the plan does not
imply that their use will be authorized. Actual authorization will
be governed by the provisions of the NCP and the applicable
ACP.
12.0 Additional Equipment Necessary to Sustain Response Operations
12.1 A facility owner or operator shall identify sufficient
response resources available, by contract or other approved means
as described in § 112.2, to respond to a medium discharge of animal
fats or vegetables oils for that facility. This will require
response resources capable of containing and collecting up to
36,000 gallons of oil or 10 percent of the worst case discharge,
whichever is less. All equipment identified must be designed to
operate in the applicable operating environment specified in Table
1 of this appendix.
12.2 A facility owner or operator shall evaluate the
availability of adequate temporary storage capacity to sustain the
effective daily recovery capacities from equipment identified in
the plan. Because of the inefficiencies of oil spill recovery
devices, response plans must identify daily storage capacity
equivalent to twice the effective daily recovery capacity required
on-scene. This temporary storage capacity may be reduced if a
facility owner or operator can demonstrate by waste stream analysis
that the efficiencies of the oil recovery devices, ability to
decant waste, or the availability of alternative temporary storage
or disposal locations will reduce the overall volume of oily
material storage.
12.3 A facility owner or operator shall ensure that response
planning includes the capability to arrange for disposal of
recovered oil products. Specific disposal procedures will be
addressed in the applicable ACP.
13.0 References and Availability
13.1 All materials listed in this section are part of EPA's
rulemaking docket and are located in the Superfund Docket, 1235
Jefferson Davis Highway, Crystal Gateway 1, Arlington, Virginia
22202, Suite 105 (Docket Numbers SPCC-2P, SPCC-3P, and SPCC-9P).
The docket is available for inspection between 9 a.m. and 4 p.m.,
Monday through Friday, excluding Federal holidays.
Appointments to review the docket can be made by calling
703-603-9232. Docket hours are subject to change. As provided in 40
CFR part 2, a reasonable fee may be charged for copying
services.
13.2 The docket will mail copies of materials to requestors who
are outside the Washington, DC metropolitan area. Materials may be
available from other sources, as noted in this section. As provided
in 40 CFR part 2, a reasonable fee may be charged for copying
services. The RCRA/Superfund Hotline at 800-424-9346 may also
provide additional information on where to obtain documents. To
contact the RCRA/Superfund Hotline in the Washington, DC
metropolitan area, dial 703-412-9810. The Telecommunications Device
for the Deaf (TDD) Hotline number is 800-553-7672, or, in the
Washington, DC metropolitan area, 703-412-3323.
13.3 Documents
(1) National Preparedness for Response Exercise Program (PREP).
The PREP draft guidelines are available from United States Coast
Guard Headquarters (G-MEP-4), 2100 Second Street, SW., Washington,
DC 20593. (See 58 FR 53990-91, October 19, 1993, Notice of
Availability of PREP Guidelines).
(2) “Guidance for Facility and Vessel Response Plans: Fish and
Wildlife and Sensitive Environments (published in the Federal
Register by DOC/NOAA at 59 FR 14713-22, March 29, 1994.). The
guidance is available in the Superfund Docket (see sections 13.1
and 13.2 of this appendix).
(3) ASTM Standards. ASTM F 715, ASTM F 989, ASTM F 631-99, ASTM
F 808-83 (1999). The ASTM standards are available from the American
Society for Testing and Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959.
(4) Response Plans for Marine Transportation-Related Facilities,
Interim Final Rule. Published by USCG, DOT at 58 FR 7330-76,
February 5, 1993.
Table 1 to Appendix E - Response Resource
Operating Criteria
Oil Recovery
Devices
Operating environment
Significant wave height
1
Sea state
Rivers and
Canals
≤1 foot
1
Inland
≤3 feet
2
Great Lakes
≤4 feet
2-3
Ocean
≤6 feet
3-4
Boom
Boom
property
Use
Rivers and canals
Inland
Great Lakes
Ocean
Significant Wave
Height 1
≤1
≤3
≤4
≤6
Sea State
1
2
2-3
3-4
Boom height -
inches (draft plus freeboard)
6-18
18-42
18-42
≥42
Reserve Buoyancy
to Weight Ratio
2:1
2:1
2:1
3:1 to 4:1
Total Tensile
Strength - pounds
4,500
15,000-20,000
15,000-20,000
≥20,000
Skirt Fabric
Tensile Strength - pounds
200
300
300
500
Skirt Fabric Tear
Strength - pounds
100
100
100
125
1 Oil recovery devices and boom
shall be at least capable of operating in wave heights up to and
including the values listed in Table 1 for each operating
environment.
Table 2 to Appendix E - Removal Capacity
Planning Table for Petroleum Oils
Spill location
Rivers and
canals
Nearshore/Inland/Great Lakes
Sustainability of on-water
oil recovery
3 days
4 days
Oil group 1
Percent natural
dissipation
Percent recovered floating
oil
Percent oil onshore
Percent natural
dissipation
Percent recovered floating
oil
Percent oil onshore
1 - Non-persistent
oils
80
10
10
80
20
10
2 - Light
crudes
40
15
45
50
50
30
3 - Medium crudes
and fuels
20
15
65
30
50
50
4 - Heavy crudes
and fuels
5
20
75
10
50
70
1 The response resource
considerations for non-petroleum oils other than animal fats and
vegetable oils are outlined in section 7.7 of this appendix.
Note: Group 5 oils are defined in section
1.2.8 of this appendix; the response resource considerations are
outlined in section 7.6 of this appendix.
Table 3 to Appendix E - Emulsification
Factors for Petroleum Oil Groups 1
Non-Persistent
Oil:
Group 1
1.0
Persistent
Oil:
Group 2
1.8
Group 3
2.0
Group 4
1.4
Group 5 oils are
defined in section 1.2.7 of this appendix; the response resource
considerations are outlined in section 7.6 of this appendix.
1 See sections 1.2.2 and 1.2.7 of
this appendix for group designations for non-persistent and
persistent oils, respectively.
Table 4 to Appendix E - On-Water Oil
Recovery Resource Mobilization Factors
Operating area
Tier 1
Tier 2
Tier 3
Rivers and
Canals
0.30
0.40
0.60
Inland/Nearshore
Great Lakes
0.15
0.25
0.40
Note: These mobilization factors are for
total resources mobilized, not incremental response resources.
Table 5 to Appendix E - Response Capability
Caps by Operating Area
Tier 1
Tier 2
Tier 3
February 18,
1993:
All except
Rivers & Canals, Great Lakes
10K bbls/day
20K bbls/day
40K bbls/day.
Great
Lakes
5K bbls/day
10K bbls/day
20K bbls/day.
Rivers &
Canals
1.5K bbls/day
3.0K bbls/day
6.0K bbls/day.
February 18,
1998:
All except
Rivers & Canals, Great Lakes
12.5K bbls/day
25K bbls/day
50K bbls/day.
Great
Lakes
6.35K bbls/day
12.3K bbls/day
25K bbls/day.
Rivers &
Canals
1.875K bbls/day
3.75K bbls/day
7.5K bbls/day.
February 18,
2003:
All except
Rivers & Canals, Great Lakes
TBD
TBD
TBD.
Great
Lakes
TBD
TBD
TBD.
Rivers &
Canals
TBD
TBD
TBD.
Note: The caps show cumulative overall
effective daily recovery capacity, not incremental increases.
TBD = To Be Determined.
Table 6 to Appendix E - Removal Capacity
Planning Table for Animal Fats and Vegetable Oils
Spill location
Rivers and
canals
Nearshore/Inland/Great Lakes
Sustainability of on-water
oil recovery
3 days
4 days
Oil group 1
Percent natural loss
Percent recovered floating
oil
Percent recovered oil from
onshore
Percent natural loss
Percent recovered floating
oil
Percent recovered oil from
onshore
Group A
40
15
45
50
20
30
Group B
20
15
65
30
20
50
1 Substances with a specific
gravity greater than 1.0 generally sink below the surface of the
water. Response resource considerations are outlined in section
10.6 of this appendix. The owner or operator of the facility is
responsible for determining appropriate response resources for
Group C oils including locating oil on the bottom or suspended in
the water column; containment boom or other appropriate methods for
containing oil that may remain floating on the surface; and
dredges, pumps, or other equipment to recover animal fats or
vegetable oils from the bottom and shoreline.
Note: Group C oils are defined in sections
1.2.1 and 1.2.9 of this appendix; the response resource procedures
are discussed in section 10.6 of this appendix.
Table 7 to Appendix E - Emulsification
Factors for Animal Fats and Vegetable Oils
Oil Group
1:
Group A
1.0
Group B
2.0
1 Substances with a specific
gravity greater than 1.0 generally sink below the surface of the
water. Response resource considerations are outlined in section
10.6 of this appendix. The owner or operator of the facility is
responsible for determining appropriate response resources for
Group C oils including locating oil on the bottom or suspended in
the water column; containment boom or other appropriate methods for
containing oil that may remain floating on the surface; and
dredges, pumps, or other equipment to recover animal fats or
vegetable oils from the bottom and shoreline.
Note: Group C oils are defined in sections
1.2.1 and 1.2.9 of this appendix; the response resource procedures
are discussed in section 10.6 of this appendix.
Attachments to Appendix E [59 FR 34111, July
1, 1994; 59 FR 49006, Sept. 26, 1994, as amended at 65 FR 40806,
40807, June 30, 2000; 65 FR 47325, Aug. 2, 2000; 66 FR 34560, June
29, 2001]
[59 FR 34111, July
1, 1994; 59 FR 49006, Sept. 26, 1994, as amended at 65 FR 40806,
40807, June 30, 2000; 65 FR 47325, Aug. 2, 2000; 66 FR 34560, June
29, 2001]