Current through Register Vol. 41, No. 3, September 23, 2024
A. Tank vessel
oil discharge contingency plans shall provide for the use of the best available
technology (economically feasible, proven effective and reliable and compatible
with the safe operation of the vessel) at the time the plan is submitted for
approval, be written in English, and, in order to be approvable, shall contain,
at a minimum, the following information:
1.
The vessel name, country of registry, identification number, date of build and
certificated route of the vessel.
2. The names of the vessel operators
including address and phone number.
3. If applicable, name of local agent,
address and phone number.
4. A copy
of the material safety data sheet (MSDS) or its equivalent for each oil, or
groups of oil with similar characteristics, transported or transferred by the
tank vessel. To be equivalent, the submission must contain the following:
a. Generic or chemical name of the
oil;
b. Hazards involved in
handling the oil; and
c. A list of
firefighting procedures and extinguishing agents effective with fires involving
each oil or groups of oil demonstrating similar hazardous properties which
require the same firefighting procedures.
5. A complete listing, including 24-hour
phone numbers, of all federal, state and local agencies required to be notified
in event of a discharge.
6. The
position title of the individual(s) responsible for making the required
notifications and a copy of the notification check-off list. The individual(s)
must be fluent in English.
7. The
position title, address and phone number of the individual(s) authorized to act
on behalf of the operator to implement containment and cleanup actions. The
individual(s) must be fluent in English and shall be available on a 24-hour
basis to ensure the appropriate containment and cleanup actions are
initiated.
8. The position title of
the individual(s) designated by the operator to ensure compliance during
containment and cleanup of a discharge, with applicable federal, state and
local requirements for disposal of both solid and liquid wastes.
9. A copy of the valid evidence of financial
responsibility pursuant to
9VAC25-101-45.
10. A complete description of the vessel
including vessel drawings providing a complete view of the location of all
cargo tanks as well as the location of fuels and other oils carried in bulk by
the vessel.
11. A complete
description of each oil transfer system on the vessel, including:
a. A line diagram of the vessel's oil
transfer piping, including the location of each valve, pump, control device,
vent, safety device and overflow;
b. The location of the shutoff valve or other
isolation device that separates any bilge or ballast system from the oil
transfer system; and
c. The maximum
pressure for each oil transfer system.
12. Identification and assurance by contract,
or other means acceptable to the department, of the availability of private
personnel and equipment necessary to remove to the maximum extent practicable
the worst case discharge and to mitigate or prevent a substantial threat of
such a discharge. This contract or agreement shall ensure a certain response
within the shortest feasible time. The department will accept a letter of
understanding between the operator and response contractors which attests to
this capability being readily available. Membership in a cleanup cooperative or
other response organization is also acceptable. A listing of contractor or
cooperative capabilities, including an inventory of the equipment and
specification of the other information required by subdivision 14 of this
subsection shall be included unless these capabilities are already on file with
the department.
13. Assessment of
the worst case discharge, including measures to limit the outflow of oil,
response strategy and operational plan. For the purpose of this chapter, the
worst case discharge for a tank vessel is a discharge in adverse weather
conditions of its entire cargo.
14.
Inventory of onboard containment equipment, including specification of
quantity, type, location, time limits for gaining access to the equipment, and,
if applicable, identification of tank vessel personnel trained in its
use.
15. If applicable, a copy of
the United States Coast Guard approved oil transfer procedures and
International Oil Pollution Prevention Certificate (IOPP).
16. A description of training, equipment
testing, and periodic unannounced oil discharge drills conducted by the
operator to mitigate or prevent the discharge, or the substantial threat of a
discharge.
17. The tank vessel's
cargo inventory control procedures. Tank vessel operators shall ensure that
this control procedure is capable of providing for the detection of a discharge
of oil within the shortest feasible time in accordance with recognized
engineering practices and industry measurement standards.
18. A post discharge review procedure to
assess the discharge response in its entirety.
B. All nonexempt tank vessel operators shall
file with the department the Application for Approval of a Tank Vessel
Contingency Plan form available from the department for approval of the
contingency plan. This form identifies the tank vessel operator by name and
address and provides information on the tank vessel or vessels and shall be
submitted with the required contingency plan and shall be completed as far as
it pertains to the tank vessel. The operator must sign and date the
certification statement on the application form which certifies to the
department that the information is true and accurate. If the operator is a
corporation, the application form must be signed by an authorized corporate
official; if the operator is a municipality, state, federal or other public
agency, the application form must be signed by an authorized executive officer
or ranking elected official; if the operator is a partnership or sole
proprietorship, the application form must be signed by a general partner or the
sole proprietor.
C. Contingency
plans must be filed with and approved by the department. A signed original
shall be submitted to the department at the address specified in subsection F
of this section. A copy of the original with the tank vessel specific
information and the approval letter shall be retained on the tank vessel and
shall be readily available for inspection. An operator of a tank vessel whose
normal operating route does not include entry into state waters shall certify
to the department, within 24 hours of entering state waters, that the operator
has ensured by contract or other means acceptable to the department, the
availability of personnel and equipment necessary to remove to the maximum
extent practicable the worst case discharge and to mitigate or prevent the
discharge or the substantial threat of a discharge. The operator shall submit a
contingency plan to the department for approval in accordance with this chapter
prior to the next entry of the tank vessel into state waters.
D. An operator of multiple tank vessels may
submit a single fleet contingency plan. The plan shall contain vessel specific
information required by this section for each vessel. The vessel specific
information shall be included in appendices to the plan. This plan shall be
separate from any required facility contingency plan.
E. Oil discharge contingency plans shall be
reviewed, updated if necessary, and resubmitted to the department for approval
every 60 months unless significant changes occur sooner. Operators must notify
the department of significant changes and make appropriate amendments to the
contingency plan within 30 days of the occurrence. For the purpose of this
chapter, a significant change includes the following:
1. A change of operator of the tank vessel or
individual authorized to act on behalf of the operator;
2. A substantial increase in the maximum
storage or handling capacity of the tank vessel;
3. A material decrease in the availability of
private personnel or equipment necessary to remove to the maximum extent
practicable the worst case discharge and to mitigate or prevent a substantial
threat of such a discharge;
4. A
change in the type of product transported or transferred in or by any tank
vessel covered by the plan for which a MSDS or its equivalent has not been
submitted; or
5. The addition of a
tank vessel to a single fleet contingency plan provided this requirement can be
met by submittal of a new or amended appendix to the plan.
Renewals for expiring plans shall be submitted to the
department for review and approval not less than 90 days prior to expiration of
the current plan.
F. All applications and written
communications concerning changes, submissions and updates of plans required by
this chapter, with the exception of applications and submissions accompanied by
fees addressed in subsection J of this section, shall be addressed as follows:
Mailing Address:
Virginia Department of Environmental Quality
Office of Spill Response and Remediation
P.O. Box 1105
Richmond, VA 23218
Location Address:
Virginia Department of Environmental Quality
Office of Spill Response and Remediation
1111 East Main Street, Suite 1400
Richmond, VA 23219
All applications and submissions accompanied by fees as
addressed in subsection J of this section shall be sent to the addressed listed
in subdivision J 2.
G. An
oil discharge exercise may be required by the department to demonstrate the
tank vessel's ability to implement the contingency plan. The department will
consult with the operator of the vessel prior to initiating an exercise. Where
appropriate, the department will ensure coordination with federal agencies
prior to initiation of an exercise.
H. The department may, after notice and
opportunity for a conference pursuant to § 2.2-4019 of the Code of
Virginia, deny or modify its approval of an oil discharge contingency plan if
it determines that:
1. The plan as submitted
fails to provide sufficient information for the department to process, review
and evaluate the plan or fails to ensure the applicant can take such steps as
are necessary to protect environmentally sensitive areas, to respond to the
threat of a discharge, and to contain and cleanup an oil discharge within the
shortest feasible time;
2. A
significant change has occurred in the operation of the tank vessel covered by
the plan;
3. The tank vessel's
discharge experience or its inability to implement its plan in an oil spill
discharge exercise demonstrates a necessity for modification; or
4. There has been a significant change in the
best available technology since the plan was approved.
I. The department, after notice and
opportunity for hearing, may revoke its approval of an oil discharge
contingency plan if it determines that:
1.
Approval was obtained by fraud or misrepresentation;
2. The plan cannot be implemented as
approved; or
3. A term or condition
of approval or of this chapter has been violated.
J. An application for approval of an oil
discharge contingency plan will be accepted only when the fee established by
this section has been paid.
1. Fees shall be
paid by operators of tank vessels subject to this chapter upon initial
submittal of an oil discharge contingency plan to the department. Renewals,
additions, deletions or changes to the plan are not subject to the
administrative fee.
2. Fees shall
be paid in United States currency by check, draft or postal money order made
payable to the Treasurer of Virginia. All applications and submissions
accompanying fees shall be sent to:
Mailing Address:
Virginia Department of Environmental Quality
Office of Financial Management
P.O. Box 1105
Richmond, VA 23218
Location Address:
Virginia Department of Environmental Quality
Office of Financial Management
1111 East Main Street, Suite 1400
Richmond, VA 23219
3. Application fees for approval of tank
vessel contingency plans are as follows:
a.
For a tank vessel with a maximum storage, handling or transporting capacity of
15,000 gallons and up to and including 250,000 gallons of oil the fee is
$718;
b. For a tank vessel with a
maximum storage, handling or transporting capacity greater than 250,000 gallons
and up to and including 1,000,000 gallons of oil the fee is $2,155;
and
c. For a tank vessel with a
maximum storage, handling or transporting capacity greater than 1,000,000
gallons of oil the fee is $3,353.
4. The fee for approval of contingency plans
encompassing more than one tank vessel, as authorized by subsection D of this
section, shall be based on the aggregate capacity of the tank
vessels.
5. Application fees are
refundable upon receipt of a written request for withdrawal of the plan and fee
refund no later than 30 days after submittal and prior to approval of the
plan.
6. Overpayments of
application fees are refundable upon written request. Overpayments not refunded
will be credited for the applicant's future use under this section.
Statutory Authority: §§ 62.1-44.15,
62.1-44.34:16, and 62.1-44.34:21 of the Code of
Virginia.
