Current through Register Vol. 41, No. 3, September 23, 2024
A. Section
62.1-44.34:15 of the Code of Virginia requires that all facility oil discharge
contingency plans must conform to the requirements and standards determined by
the department to be necessary to ensure that the applicant can take such steps
as are necessary to protect environmentally sensitive areas; to respond to the
threat of an oil discharge; and to contain, cleanup, and mitigate an oil
discharge within the shortest feasible time. Each such plan shall provide for
the use of the best available technology (economically feasible, proven
effective and reliable and compatible with the safe operation of the facility)
at the time the plan is submitted for approval and, in order to be approvable,
shall contain, at a minimum, the following requirements:
1. The name of the facility, geographic
location and access routes from land and water if applicable;
2. The names of the operators of the facility
including address and phone number;
3. A physical description of the facility
consisting of a plan of the facility which identifies the applicable oil
storage areas, transfer locations, control stations, above and below ground oil
transfer piping within the facility boundary (and including adjacent easements
and leased property), monitoring systems, leak detection systems and location
of any safety protection devices;
4. A copy of the material safety data sheet
(MSDS) or its equivalent for each oil or groups of oil with similar
characteristics stored, transferred or handled at the facility. To be
equivalent, the submission shall contain the following:
a. Generic or chemical name of the
oil;
b. Hazards involved in
handling the oil; and
c. A list of
fire-fighting procedures and extinguishing agents effective with fires
involving each oil or groups of oil demonstrating similar hazardous properties
which require the same fire-fighting procedures;
5. The maximum storage or handling capacity
of the facility and the individual tank capacities or, in the case of a
pipeline, the average daily throughput of oil;
6. A complete listing, including 24-hour
phone numbers, of all federal, state and local agencies required to be notified
in the event of a discharge;
7. The
position title of the individuals responsible for making the required
notifications and a copy of the notification check-off list;
8. The position title, address and phone
number of the individuals authorized to act on behalf of the operator to
implement containment and cleanup actions. This individual shall be available
on a 24-hour basis to ensure the appropriate containment and cleanup actions
are initiated;
9. The position
title of the individuals 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;
10. 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 the 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 12 of this
subsection, shall be included unless these capabilities are already on file
with the department;
11. 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 is the instantaneous release of the volume of the largest
tank on the facility (125% of the volume of the largest tank for facilities
with multiple tanks within a single containment dike) during adverse weather
conditions. Facilities shall take into consideration that due to hydraulic
pressure of the release, the secondary containment will not contain this volume
in its entirety. The worst case discharge for a pipeline shall be based upon
the volume of a discharge calculated using the maximum pressure, velocity, and
elevation, and the largest pipe size and pipeline location. If facility design
and operation indicates that this worst case discharge scenario does not meet
the intent of this chapter, the department may require submission of other
worst case scenarios on a facility-specific basis;
12. Inventory of facility containment
equipment, including specification of quantity, type, location, time limits for
gaining access to the equipment, and identification of facility personnel
trained in its use;
13.
Identification and location of natural resources at risk (including, but not
limited to, surface waters as indicated on the applicable USGS quadrangle maps,
groundwater, public water supplies, public and private water wells and springs,
state or federal wildlife management areas, wildlife refuges, management areas,
sanctuaries, property listed on the National Register of Historic Places and
property listed on the National Register of Natural Landmarks), priorities for
protection and means of protecting these resources;
a. In addition to the requirements set forth
in this subdivision, the operator of a facility with an aggregate aboveground
storage or handling capacity of one million gallons or greater of oil shall
conduct a groundwater characterization study (GCS) within the geographic
boundaries of the facility to be submitted as part of the contingency plan. The
operator of such a facility shall utilize upgradient and downgradient GCS
monitoring wells to satisfy this requirement. At the time of a discharge, the
operator of such a facility shall conduct further characterization of the
groundwater as required by the department;
b. For purposes of satisfying the requirement
to identify and locate natural resources at risk, the operator of a pipeline
shall identify surface waters as indicated on the applicable USGS quadrangle
maps, public water supplies, state or federal wildlife management areas,
wildlife refuges, management areas, sanctuaries, property listed on the
National Register of Historic Places and property listed on the National
Register of Natural Landmarks which could reasonably be expected to be impacted
by the discharge. At the time of a discharge, the operator of a pipeline shall
conduct a complete groundwater characterization study as required by the
department and identify other natural resources at risk including public and
private wells or springs which could reasonably be expected to be impacted by
the discharge;
14.
Identification and location of any municipal or other services (including, but
not limited to, storm drains, storm water collection systems and sanitary sewer
systems) at risk, notification procedures applicable and means of protection of
these services. The identification and location of all municipal services shall
include those services for which official records are available. The operator
of a pipeline shall determine which sections of the system are located in areas
that would require an immediate response by the operator to prevent hazards to
the public if a discharge occurred;
15. If applicable, the facility's
responsibility for responding to a discharge from a vessel moored at the
facility and the identity of the sizes, types, and number of vessels that the
facility can transfer oil to or from simultaneously;
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 facility's oil
inventory control procedures. Facilities 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 detailed description of a system for
early detection of a discharge to groundwater, utilizing upgradient and
downgradient leak detection monitoring wells or other groundwater protection
measures acceptable to the department (i.e., visual, interstitial, vapor and
leak detection groundwater monitoring wells). The system will be operated,
maintained and monitored in the manner approved and be subject to inspection by
the department under the pollution prevention requirements of Part III
(9VAC25-91-130
et seq., Pollution Prevention Requirements) of this chapter. Operators subject
to subdivision 13 a of this subsection may utilize such GCS wells to meet this
requirement when approved by the department;
19. The procedures to be followed, upon
detection of a discharge of oil, for testing and inspection of all tanks,
piping and all oil transfer associated equipment that could reasonably be
expected to be a point source for the discharge. These procedures shall be
conducted within the shortest feasible time, include a progression of written
procedures from visual inspection to formal testing and be conducted in
accordance with recognized engineering practices;
20. The facility's preventive maintenance
procedures applicable to the critical equipment of an oil storage and transfer
system as well as the maximum pressure for each oil transfer system. The term
"critical equipment" shall mean equipment that affects the safe operation of an
oil storage and handling system;
21. A description of the security procedures
used by facility personnel to avoid intentional or unintentional damage to the
facility; and
22. A post-discharge
review procedure to assess the discharge response in its entirety.
B. All nonexempt facility
operators shall file with the department the application form for approval of
the contingency plan. This form shall be submitted with the required
contingency plan and shall be completed insofar as it pertains to the facility.
The operator shall sign and date the certification statement on the application
form. If the operator is a corporation, the form shall be signed by an
authorized corporate official; if the operator is a municipality, state,
federal or other public agency, the form shall be signed by an authorized
executive officer or ranking elected official; if the operator is a partnership
or sole proprietorship, the form shall be signed by a general partner or the
sole proprietor. All forms shall be acknowledged before a Notary
Public.
D. An
operator of multiple facilities may submit a single contingency plan
encompassing more than one facility if the facilities are located within the
defined boundaries of the same city or county or if the facilities are similar
in design and operation. The plan shall contain site-specific information as
required by subsection A of this section for each facility. The site-specific
information shall be placed in appendices to the plan.
Upon renewal of an approved contingency plan submitted
under this subsection, the department shall consider the individual facilities
subject to all provisions of subsections E through J of this section.
E. Oil discharge contingency plans
shall be reviewed, updated if necessary and resubmitted to the department for
approval every 60 months from the date of approval unless significant changes
occur sooner. Operators shall 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
facility;
2. An increase in the
maximum storage or handling capacity of the facility that would change the
measures to limit the outflow of oil, response strategy or operational plan in
the event of the worst case discharge;
3. A 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 dealt in, stored or handled by any facility covered by the
plan for which a MSDS or its equivalent has not been submitted as part of the
plan; or
5. A change in the method
or operation utilized for the early detection of a discharge to groundwater
(i.e., change in a method of leak detection).
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 clean up an oil
discharge within the shortest feasible time;
2. A significant change has occurred in the
operation of the facility covered by the plan;
3. The facility'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;
3. A term or condition of approval of this
chapter has been violated; or
4.
The facility is no longer in operation.
Statutory Authority: §§ 62.1-44.15,
62.1-44.34:15, 62.1-44.34:15.1, and 62.1-44.34:19.1 of the Code of
Virginia.
