Current through Register Vol. 63, No. 3, March 1, 2024
(1) The owner or operator of each onshore and
offshore facility must develop spill prevention strategies that will, when
implemented, provide the best achievable protection from damages caused by the
discharge of oil into the waters of the state. The strategies may be in the
form of:
(a) Appendices to oil spill
prevention and emergency response plans required under this chapter;
or
(b) A standalone prevention plan
that meets all requirements of OAR 340-141-0100 to 340-141-0230.
(2) Spill Prevention
Countermeasure and Control Plans (SPCC), Operation Manuals and other prevention
documents prepared to meet federal requirements under 33 C.F.R. 154, 33 C.F.R.
156, 40 C.F.R. 109, 40 C.F.R. 112, or the Federal Oil Pollution Act of 1990 or
plans prepared to meet the requirements of other states may be submitted to
satisfy requirements under this chapter if DEQ deems that such requirements
equal or exceed those of DEQ, or if the plans are modified or appended to
satisfy requirements of this Division.
(3) Spill prevention strategies must at a
minimum provide all of the following:
(a)
Documentation of types and frequency of spill prevention training provided to
applicable personnel;
(b) Evidence
that the facility has an operations manual;
(c) A description of a drug and alcohol
awareness program that provides training and information materials to all
employees on recognition of alcohol and drug abuse treatment opportunities, and
applicable company policies;
(d)
Evidence of a maintenance and inspection program that includes:
(A) Summary of the frequency and type of all
regularly scheduled inspection and preventative maintenance procedures for
tanks, pipelines, key storage, transfer, or production equipment including
associated pumps, valves, and flanges, and overpressure safety devices and
other spill prevention equipment;
(B) Description of integrity testing of
storage tanks and pipelines using such techniques as hydrostatic testing and
visual inspection, including but not limited to the frequency of tests, means
of identifying that a leak has occurred and measures to reduce spill risk if
test material is product;
(C)
External and internal corrosion detection and repair;
(D) Damage criteria for equipment repair or
replacement;
(E) Maintenance and
inspection records of the storage and transfer facilities and related equipment
will be made available to DEQ upon request; and
(F) Documentation required under
40
C.F.R. 112.7(e) or 33 C.F.R.
154, Subparts C and D may be used to address elements of this
subsection.
(e) A
description of the use of containment boom at facilities transferring
persistent oil, including:
(A) Type(s) of boom
used based upon the varied conditions within the region(s) of operation;
and
(B) Methods of boom placement
and anchoring.
(f)
Identification of spill prevention technology currently in use, including if
applicable:
(A) Tank and pipeline materials
and design;
(B) Storage tank
overflow alarms, tank overflow cutoff switches, low level alarms and automatic
transfer shutdown systems, including methods to alert operators, system
accuracy and tank fill margin remaining at time of alarm activation before
overflow would occur at maximum pumping rate (documentation required under
40
C.F.R. 112.7(e)(2) (viii) or
33 C.F.R.
154.310(a) (12-13) may be
used to address some or all of these elements);
(C) Leak detection systems for both active
and nonactive pipeline conditions including detection thresholds in terms of
duration and percentage of pipeline flow limitations on system performance due
to normal pipeline events, and procedures for operator response to leak alarms
(documentation required under
40
C.F.R. 112.7(e)(3) may be
used to address some or all of these elements);
(D) Rapid pump and valve shutdown procedures,
including means of ensuring that surge and overpressure conditions do not
occur, rates of valve closure, sequence and time duration (average and maximum)
for entire procedure, automatic and remote control capabilities utilized and
visual displays of system status for operator use (documentation required under
40
C.F.R. 112.7(e)(3) may be
used to address some or all of these elements);
(E) Minimization of post-shutdown residual
drainout from pipes, including criteria for locating valves, identification of
all valves (including types and means of operation) that may be open during a
transfer process, and any other techniques for reducing drain out;
(F) Means of relieving pressure due to
thermal expansion of liquid in pipes during periods of nonuse;
(G) Secondary containment, including contents
of the largest tank plus space for precipitation, and material design and
permeability of the containment area (documentation required under
40
C.F.R. 112.7(e)(1) and (2)(ii) -
(iv) may be used to address some or all of
these elements);
(H) Surge control
systems;
(I) Internal and external
corrosion control coatings or wrappings and instruments;
(J) Storm water and other drainage retention,
treatment and discharge systems, including maximum storage capacities and
identification of any applicable discharge permits (documentation required
under
40
C.F.R. 112.7(e)(1) and (2)(iii) and
(ix) may be used to address some or all of
these elements); and
(K) Criteria
for suspension of operations while leak detection or other spill control
systems are inoperative.
(g) A description of facility site security
systems, including:
(A) Procedures for
controlling and monitoring facility access;
(B) Lighting (documentation required under
33
C.F.R. 154.570 may be used to address some or
all of this element);
(C) Signage;
and
(D) Right-of-way identification
or other measures to prevent third party damage (documentation required under
40 C.F.R.
122.7(e)(3)(v) and (9) may
be used to address some or all of this element).
(h) History of any discharges of oil to the
land or waters of the state in excess of 25 barrels (1,050 gallons) which
occurred during the five-year period prior to the plan submittal date. For each
discharge, describe:
(A) Quantity;
(B) Type of oil;
(C) Geographic area;
(D) Analysis of cause, including source(s) of
discharged oil and contributing factors (e.g., equipment failure, employee
error, adverse weather, etc.); and
(E) Measures taken to remedy the cause and
prevent reoccurrence.
(i) A detailed and comprehensive site risk
analysis that:
(A) Evaluates the construction,
age, corrosion, inspection and maintenance, operation and oil spill risk of the
transfer, production and storage system including piping, tanks, pumps, valves
and associated equipment;
(B)
Evaluates spill minimization and containment systems;
(C) Incorporates information required in
subsection (f) of this section;
(D)
Is prepared under the supervision of (and bears the seal of) a licensed
professional engineer; and
(E)
Includes documentation required under
40
C.F.R. 112.7(b) and (e) may
be used to address some or all of the elements in this subsection.
(j) A description of how the
facility will incorporate those measures that will provide best achievable
protection to address the spill risks identified in the risk analyses required
in subsection (i) of this section. (Information documented under
40
C.F.R. 112.7(e) and 33
C.F.R. 154.310 may be used to address some or all of the elements of this
subsection.)
Publications: Publications referenced are available from the
agency.