18 Alaska Admin. Code § 75.451

Current through September 25, 2024

Section 18 AAC 75.451 - Part 3 - oil discharge prevention and contingency plan; supplemental information

(a) The supplemental information section must provide the background and verification information identified in (b) - (n) of this section.

(b) The plan holder must provide a facility description and operational overview. This is a general description of the oil storage, transfer, exploration, or production operations, including

(1) for each aboveground oil storage tank with a storage capacity of greater than 10,000 gallons, the oil storage capacity, installation date, design, construction, and product type stored;

(2) for each oil storage tank with a storage capacity of 1,000 gallons and greater but less than or equal to 10,000 gallons, the location, oil storage capacity, and the product type stored, unless the oil storage tank is used on a temporary basis;

(3) for vessels,

(A) a general chart showing routes normally used for the transportation of oil products within state waters, and the frequency of use for each route;

(B) plans or diagrams that identify cargo, bunker, and ballast tanks, all tank capacities, cargo piping, ballast piping, winches, emergency towing equipment, power plants, manifold pipe size, containment structures and equipment, and a description of the method of containing a discharge from fuel oil tank vent overflow and fill pipes;

(C) a description of the methods for retention and disposal of oily wastes and bilge slops; and

(D) additional information required by the department to evaluate the response capability of a vessel, including verifying that the vessel is in compliance with the applicable stability requirements as set out in 46 C.F.R. 109.227, as amended through September 11, 1992;

(4) for a railroad,

(A) a map showing the location of each main line, siding, and yard area; and

(B) a description of railroad tank cars and locomotives normally in service, including type, number and capacity, general piping diagrams, location of valves, and tank volumes;

(5) a general description of the procedures for the loading or transfer of oil from or to a pipeline, facility, tank vessel, oil barge, railroad tank car, or storage tank;

(6) for a production facility, a description of the flow and gathering lines and processing facilities;

(7) for an oil terminal facility, an exploration facility, and a production facility, a piping diagram showing all facility oil piping, including the location of valves; and

(8) for a transmission pipeline, a pipeline diagram including the location of all mainline valves, pumping units, and other appurtenances connected to the pipeline.

(c) For an onshore facility or operation, the plan holder must include an analysis of the amount and locations of oil from a discharge, of the volume calculated for the response planning standard under 18 AAC 75.430 - 18 AAC 75.442 for each type of facility or operation, which might realistically be expected to reach open water within the applicable time limit set out in those provisions. The analysis must include

(1) a drainage diagram or map showing gradients and potential containment sites and features at the facility;

(2) identification and explanation of all measures that will be taken to prevent a discharge from entering open water from the facility; and

(3) a determination that resources identified in (g) of this section are sufficient to clean up the response planning standard discharge volume of oil that enters open water within the applicable time limit.

(d) The plan holder must include a description and diagram of the incident command system management hierarchy to be used in response to a discharge, specific to operations described in the response planning standard scenario, including the position, functional role in the command system, and affiliation by company for each person, including a person identified in 18 AAC 75.449(a)(2), who by law or through employment, contract, or cooperative agreement is responsible for responding to a discharge. This list of positions must include command, financial, operations, planning, logistics, and environmental personnel. The incident command system must be compatible with the state's response structure outlined in the Alaska regional contingency plan. The diagram must also include key state, federal, or local government on-scene coordinator positions that make up the unified command for the response planning standard scenario. At a minimum, the detailed personnel contact information for the qualified individual must be located in the plan. The names and detailed contact information for persons filling positions in the command system must be maintained by the plan holder, and this information may be contained in a separate document. This document is part of the plan, and the document must be submitted with the plan application package. For plans that propose 24-hour operations, the detailed personnel document must identify available staff for 24-hour operations. This document will be treated as confidential and will not be publicly reviewed; it must be maintained and updated in real time. Notwithstanding the requirements under 18 AAC 75.415(b)(2), an updated document must be provided to the department at least on a quarterly basis if changes occur.

(e) In designing a spill response, realistic efficiency rates must be used for the specified response methods to account for the reduction of control or removal rates under those severe weather and other environmental limitations. The plan must include

(1) a description of the realistic maximum response operating limitations, including severe weather and environmental limitations, that might be encountered at the facility or operation and, based on environmental and safety considerations, an analysis of the frequency and duration, expressed as a percentage of time, of limitations that would render mechanical response methods ineffective;

(2) descriptions of additional specific temporary prevention or response measures that will be taken to reduce the environmental consequences of a discharge, including nonmechanical response options, during those periods when environmental conditions exceed realistic maximum response operating limitations;

(3) an analysis that provides the basis for the requirements in (1) and (2) of this subsection; the analysis must consider the following environmental conditions:

(A) weather, including wind, visibility, precipitation, and temperature based on National Weather Service data or local weather records;

(B) sea states, tides, and currents;

(C) ice and debris presence;

(D) hours of daylight; and

(E) other known environmental conditions that might influence the efficiency of the response equipment or the overall effectiveness of a response effort; and

(4) for plans proposing the use of nonmechanical response options.

(A) a complete inventory of nonmechanical response equipment and supplies, including the type and toxicity of each dispersant, with procedures for storage, maintenance, and deployment;

(B) identification of all necessary approvals, and a completed sample application for department approval for open burning if in situ burning is a proposed response option; and

(C) identification of all necessary permits, approvals, or authorizations for use of nonmechanical response options and the timeline to apply for them.

(f) The plan holder must identify aircraft, vessels, and other means that may be used to transport equipment and personnel during a discharge response, including information on ownership and availability of identified means of transportation.

(g) The plan holder must have ready access to enough equipment to meet the applicable response planning standard established under 18 AAC 75.430 - 18 AAC 75.442 using mechanical methods of oil control, containment, and cleanup. Identified equipment must reflect the best available technology when the plan is submitted or renewed. The plan must include a complete list of contracted or other oil discharge containment, control, cleanup, storage, transfer, lightering, and related response equipment to meet the applicable response planning standards, to protect and recover wildlife as required by 18 AAC 75.449(a)(6)(M), and to protect environmentally sensitive areas and areas of public concern that are identified in (k) of this section and that may be reasonably expected to be impacted by a spill of the response planning standard volume as described in the response strategies developed under 18 AAC 75.449(a)(6) and (7) before oil reaches them. The list must include

(1) the location, inventory, and ownership of the equipment;

(2) the time frame for delivery and startup of response equipment and trained personnel located outside the facility's primary region of operation;

(3) the manufacturer's rated throughput capacities, limitations, and operational characteristics for each item of oil recovery equipment, including nonmechanical response techniques;

(4) each vessel designated for oil recovery operations, including skimming vessels and platforms, and vessels designated to tow and deploy boom; vessels used to deploy and tow boom must be of a number, size, and power adequate to deploy the types and amounts of boom and must be capable of operating in the manner and at the speeds necessary for the effective use of boom;

(5) information on additional vessels available from other sources for oil recovery operations, including, if applicable, procedures for inventorying, training personnel, and equipping vessels;

(6) pumping, transfer and temporary storage, and lightering equipment for transferring oil from damaged and undamaged tanks;

(7) the capacity of the temporary storage system for recovered oil and oily wastes; and

(8) the procedures for storage, maintenance, and inspection of spill response equipment under the immediate control of the operator when not in use, including procedures for periodic testing and maintenance of response equipment.

(h) Response equipment identified in the plan must meet the following conditions:

(1) types and amounts of boom, boom connectors, and anchorage devices must be of the appropriate design for the particular oil product, type of environment, and environmental conditions experienced at the facility or operation; the boom must be of sufficient length to mount an effective response to discharged oil, of the volume calculated for the response planning standard under 18 AAC 75.430 - 18 AAC 75.442 for each type of facility;

(2) the number and size of skimmers and pumps to be used must be appropriate and adequate for recovery of the response planning standard volume of the type of oil discharged within the response planning standard time frame for cleanup established under 18 AAC 75.430-18 AAC 75.442, using an effective oil recovery capacity of 20 percent of the equipment manufacturer's rated throughput capacity over the planned hours of equipment operation within a 24-hour period unless an analysis conducted under (4)(B)(iii) of this subsection demonstrates that another effective daily oil recovery capacity is appropriate; equipment types must be compatible with each other as necessary to ensure an efficient response;

(3) the following formula must be used to determine the effective daily oil recovery capacity for each skimming system:

R = T x U x E

where

R = Effective daily oil recovery capacity in barrels;

T = Manufacturer's rated throughput capacity as defined in (o) of this section, in barrels per hour;

U = Hours that an operator can document capability to operate equipment during a 24-hour period under spill conditions; this figure may not exceed 20 hours per day unless an operator can demonstrate that the recovery rate can be sustained for longer periods;

E = Oil recovery efficiency rate, 0.2 unless otherwise approved by the department;

(4) compliance with the response planning standard must be attainable by designing a response capability

(A) that is equal to or greater than the volume of oil established by the response planning standard; and

(B) as demonstrated through the plan scenario, as follows:

(i) the capacity of the temporary storage system for recovered oil and oily wastes must be appropriate and adequate for the total volume of oily fluids recovered, based on the equipment manufacturer's rated throughput capacity, within the response planning standard time frames for cleanup established under 18 AAC 75.430 - 18 AAC 75.442; a system with a manufacturer's rated throughput capacity (T) with a planned operating period (U) requires temporary storage of T x U barrels per day to account for total liquids recovered;

(ii) if available temporary storage capacity is insufficient, the effective daily recovery capacity must be reduced to the limits of the available storage; and

(iii) if a plan holder wants to demonstrate to the department that another oil recovery efficiency rate is appropriate, the plan holder must submit a request for skimmer system efficiency evaluation on a form supplied by the department; the department will approve or deny a modified oil recovery efficiency rate based on the information provided.

(i) If a plan holder proposes to use the services of an oil spill primary response action contractor to meet a requirement of AS 46.04.030 or 18 AAC 75.432 - 18 AAC 75.442, the contractor must be registered under 18 AAC 75.500 - 18 AAC 75.580. The use of an oil spill primary response action contractor does not relieve the plan holder of its responsibility to provide the information required by this subsection and to meet all other applicable requirements of 18 AAC 75.400 - 18 AAC 75.495. The plan must include a correct and complete list of each oil spill primary response action contractor, with name, address, telephone number, and affiliation by company, and a description of the response equipment and services provided. For each primary response action contract, the plan must also include a statement of contractual terms signed by the plan holder and the oil spill primary response action contractor, attesting to the department that the contract

(1) clearly specifies that the contractor is obligated to

(A) provide the response services and equipment listed for that contractor in the plan;

(B) respond if a discharge occurs;

(C) notify the plan holder immediately if the contractor cannot carry out the response actions specified in the contract or the plan;

(D) give written notice at least 30 days before terminating its contract with the plan holder;

(E) respond to a department-conducted discharge exercise required of the plan holder; and

(F) continuously maintain in a state of readiness, in accordance with industry standards, the equipment and other spill response resources to be provided by the contractor under the plan; and

(2) contains the provisions required under AS 46.04.030(q), if the contract is between the plan holder for a tank vessel or oil barge carrying crude oil that has been transported by the Trans Alaska Pipeline System and a primary response action contractor who is the common operating agent for the holders and lessees of the right-of-way agreement for the Trans Alaska Pipeline System.

(j) A plan holder shall provide a detailed description of the training programs for designated discharge response personnel and operations personnel to demonstrate that

(1) designated oil spill response personnel are trained and kept current in the specifics of plan implementation, including deployment of containment boom, operation of skimmers and lightering equipment, and organization and mobilization of personnel and resources;

(2) personnel are trained and kept current in oil discharge prevention measures as required by 18 AAC 75.020; and

(3) proof of training required in (1) and (2) of this subsection is maintained for five years and is made available to the department upon request; this must include

(A) a statement, signed and dated by each participant, listing the course or program content;

(B) shipboard records verified by the vessel master; or

(C) computerized records verified by the owner or operator.

(k) For a stationary facility or operation, for a railroad, and, if required by the department, for a vessel, mapped identification of environmentally sensitive areas and areas of public concern that may be impacted by a discharge of the volume calculated for the response planning standard under 18 AAC 75.430 - 18 AAC 75.442 for each type of facility or operation. If identification of those areas and site-specific strategies for protection of those areas are in an applicable geographic zone in one or more area contingency plans, the plan holder may incorporate that information by reference. The identification of and planned protection measures for those areas must

(1) be based on mapped predictions of discharge movement, spreading, and probable points of contact, based on expected local, seasonal, meteorological, and, as applicable, oceanographic and topographic conditions; and

(2) for each probable point of contact. Include a description of each environmentally sensitive area and each area of public concern, including

(A) the effect of seasonal conditions on the sensitivity of each area;

(B) a discussion of the toxicity effects and persistence of the discharge, based on type of product; and

(C) an identification of which areas will be given priority attention if a discharge occurs.

(l) The plan must include a list of resources, in addition to those maintained by the plan holder or available under contract to meet the applicable response planning standard for that facility or operation, that may be used for responding to the greatest possible discharge.

(m) The supplemental information must include other information necessary to provide background for or verification of the plan contents.

(n) The supplemental information must include a bibliography listing data and information sources used to determine the information contained in the plan.

(o) In this section, "manufacturer's rated throughput capacity," also referred to as "manufacturer's nameplate recovery rate," means the maximum rate at which the skimmer system can recover and process oil under ideal conditions, as stated by the manufacturer, and represents the total liquid recovered within the limitations of the test method. For a skimmer system in which the pump on the device limits the throughput of liquid, the manufacturer's rated throughput capacity must be calculated using the pump capacity. The manufacturer's rated throughput capacity is used in conjunction with the oil recovery efficiency rate to account for various real-world conditions including changing encounter rate, slick thickness, changes in oil properties, and inclement weather.

18 AAC 75.451

Eff. 2/5/2023, Register 245, April 2023

The request for a skimmer system efficiency evaluation form required under 18 AAC 75.451(h)(4)(C), and statement of contractual terms form required under 18 AAC 75.45l(i), are available on the department's website search page: https://dec.alaska.gov/spar/ppr/regulations-guidance/forms-applications/. Completed forms may be submitted to the department inbox at dec.odpcp.submissions@alaska.gov.

As of Register 248 (January 2024), the regulations attorney made a technical revision under AS 44.62.125(b)(6), to 18 AAC.75.451(h)(2).

Authority:AS 46.03.020

AS 46.04.030

AS 46.04.035

AS 46.04.055

AS 46.04.070