La. Admin. Code tit. 33 § IX-907

Current through Register Vol. 50, No. 9, September 20, 2024

Section IX-907 - Guidelines for the Preparation and Implementation of a Plan

A. The plan shall be prepared in accordance with sound engineering practices. If the plan calls for additional facilities or procedures, methods, or equipment not yet fully operational, these items shall be discussed, and the details of installation and operational start-up shall be explained individually. The department recognizes that the designs of major facilities differ and that in certain cases the appropriate methods for spill prevention and control must be site-specific. While the guidelines presented herein suggest the use of specific methodologies for this purpose, alternate methods may be employed if it can be demonstrated to the satisfaction of the department that the alternate methods will adequately prevent and control spills, and that they are reasonably equivalent to the suggested methods. A complete plan shall follow the sequence outlined in LAC 33:IX.903.B-F.

B. A complete plan shall include the following:

1. name of facility;

2. name of the operator of the facility;

3. mailing address of the facility;

4. location of the facility;

5. date and year of initial facility operation;

6. a brief but adequate description of the facility, including an indication of the nearest potential receiving waters;

7. the identity, amount, and location of substances stored at the facility meeting the applicability criteria outlined in LAC 33:IX.903; and

8. facility capability and procedures for taking corrective actions and/or countermeasures when a spill event occurs.

C. The plan shall include a prediction of the direction, rate of flow and total quantity of applicable substances which could be spilled at the facility where experience indicates a reasonable potential for equipment failure and/or human error.

D. Appropriate containment and/or diversionary structures or equipment to prevent an applicable spilled substance from reaching waters of the state should be provided. One of the following should be used as a minimum:

1. dikes, berms or retaining walls sufficiently impervious to contain spills;

2. curbing, drip pans;

3. culverts, gutters or other drainage systems;

4. weirs, booms or other barriers;

5. spill diversion ponds;

6. retention ponds;

7. sorbent substances; and

8. sumps and collection systems.

E. When it is determined that the installation of structures or equipment listed in LAC 33:IX.907.D of this Chapter is not practical, the owner/operator of an applicable facility shall clearly demonstrate such impracticality and provide a strong spill contingency plan, including a written commitment of the manpower, equipment, and materials required to ensure timely and effective action to minimize damage resulting from a spill event.

F. In addition to the minimal prevention standards listed under LAC 33:IX.907.D of this Chapter, sections of the plan should include a complete discussion of conformance with the following applicable guidelines or other effective spill prevention and containment procedures.

1. All storage tank installations should be constructed so that a secondary means of containment is provided for the entire contents of the largest single tank plus sufficient freeboard to allow for precipitation. Diked areas should be sufficiently impervious to contain spills.

2. Drainage from diked storage areas should be restrained by valves or other positive means to prevent a spill event, except where facility treatment systems are designed to handle such spills. Flapper-type drain valves should not be used as a restraint device. Valves used for the drainage of diked areas should, as far as practical, be of manual, open-and-closed design. In all cases, drainage from diked areas shall be in accordance with all applicable rules, regulations and laws.

3. New and old tank installations should, as far as practical, be fail-safe engineered or updated into a fail-safe engineered installation to avoid spills. Liquid level sensing devices should be regularly tested to insure proper operation. Consideration should be given to providing one or more of the following devices (optional for tanks served by adequate secondary containment systems):

a. high liquid level alarms with an audible or visual signal at a constantly manned operation or surveillance station; in smaller plants an audible air vent may suffice;

b. high liquid level pump cutoff devices set to stop flow at predetermined tank content level;

c. direct audible or code signal communication between the tank gauger and the pumping station;

d. a fast response system for determining the liquid level of each bulk storage tank such as digital computers, telepulse, or direct vision gauges or their equivalent; and

e. additional tank(s) connected to automatically receive overflow.

4. All above-ground tanks should be visually inspected by a competent person for condition and need for maintenance on a scheduled periodic basis. Such examination should include the foundation and supports of tanks that are above the surface of the ground. Visible leaks from a tank and its appurtenances shall be promptly corrected.

5. Buried metallic piping installations should have a protective wrapping and coating or the equivalent, and should be cathodically protected if soil conditions warrant. If a section of buried line is exposed for any reason, it shall be carefully examined for deterioration. If corrosion damage is found, additional examination and corrective action shall be taken as indicated by the magnitude of the damage.

6. When a pipeline is not in service or in standby service for an extended time, the terminal connection at the transfer point should be isolated, capped, or blank-flanged as well as marked, or the on/off switch tagged as to origin.

7. Pipe supports shall be properly designed to minimize abrasion and corrosion; to allow for expansion and contraction, and to adequately support thrust loadings at bends.

8. All above-ground valves and pipelines should be subjected to regular examinations by operating personnel at which time the general conditions of items such as flange joints, pipeline supports, locking of valves, and metal surfaces should be assessed. In addition, periodic pressure testing may be warranted for piping in areas where facility drainage is such that a failure might lead to a spill event if there is reason to suspect the integrity of the piping. Records of such inspections and tests shall be kept for three years and include all items addressed.

9. All tank car and tank truck loading/unloading area drainage shall flow into a catchment basin, treatment system or other containment system designed to hold at least the maximum capacity of any single compartment of a tank car or truck loaded or unloaded at the facility.

10. An interlocked warning light, physical barrier system, or warning signs shall be provided in loading/unloading areas to prevent vehicular departure before complete disconnect of flexible or fixed transfer lines.

11. Prior to filling and departure of any tank car or truck, the lowermost drain and all outlets of such vehicles shall be closely examined for leakage, and if necessary, tightened, adjusted, or replaced to prevent leakage.

G. The plan, as applicable, should include a complete discussion of conformance with the following guidelines for facility drainage.

1. Facility drainage from undiked areas subject to spill events should if possible, flow into ponds, lagoons or catchment basins designed to retain spills or return them to the facility. Catchment basins should not be located in areas subject to flooding.

2. Facility drainage systems should be adequately engineered to prevent spills from reaching the waters of the state in the event of equipment failure or human error at the facility.

H. The plan, as applicable, should include a complete discussion of conformance with the following guidelines for facility security.

1. Means for restricting unauthorized entry or other security procedures should be provided when the facility is not attended.

2. Master flow and drain valves and any other valves that permit direct outward flow of spilled substances to the waters of the state should be securely locked, tagged, or sealed in the closed position when unattended. Sample cocks, gauge valves, and other small valves are not subject to this requirement.

3. The starter control on all pumps with discharge piping open to the waters of the state should be locked in the "off" position, or accessible only to authorized personnel when in nonoperating or nonstandby status.

4. The loading/unloading connections of pipelines should be securely capped or blank-flanged when not in service or standby service. This security practice should also apply to pipelines that are emptied either by draining or by inert gas pressure.

5. Facility lighting should be commensurate with the type and location of the facility and should provide for the following: (These provisions may not apply to oil and gas production sites.)

a. discovery of spills occurring during hours of darkness, both by operating personnel and by nonoperating personnel (the general public, local police, etc.); and

b. prevention of spills that may result through acts of vandalism.

I. Personnel training and spill prevention procedures should be employed, and brief discussions of the following should be included in the plan.

1. Operators are responsible for properly instructing the appropriate personnel in the operation and maintenance of equipment to prevent or contain spills of substances that are subject to this Chapter's provisions, and all applicable spill control rules and regulations associated with substances present on the facility site that are subject to this Chapter's provisions.

2. Each facility should have a designated person who is accountable for spill prevention who reports to line management.

3. Operators should schedule and conduct spill prevention briefings for their operating personnel and appropriate contractors at intervals frequent enough to assure adequate understanding of the plan for that facility. Such briefings should highlight and describe known spill events or failures, malfunctioning components, and recently developed precautionary measures.

J. Inspections and Records. The plan shall provide for inspections required by this Chapter. Inspections shall be in accordance with written procedures developed for the facility by the operator. These written procedures shall be part of the plan. Inspection records shall be signed or initialed by the inspector, appropriate supervisor or the facility designee (LAC 33:IX.303.H), and shall be retained for a minimum of three years.

K. Verification by the Department. Facilities at which this Chapter applies may be inspected by an authorized representative of the department to assure implementation and adequacy of the plan. Such inspections shall be covered by the conditions provided for in LAC 33:IX.311.I of these regulations.

La. Admin. Code tit. 33, § IX-907

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 11:1066 (November 1985), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2545 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 36:1780 (August 2010).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)