Citation: "84 FR 47948"
Document Number: "
Page Number: "47948"
DATES: Comments must be submitted on or before
ADDRESSES: Submit your comments, referencing Docket ID No.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail the information that the
Pursuant to section 3506(c)(2)(A) of the PRA,
Abstract: The authority for
SPCC Plan Preparation. Under section 112.3(a) or (b), the owner or operator of an onshore or offshore facility subject to this section must prepare in writing and implement an SPCC Plan in accordance with section 112.7 and any other applicable sections in the regulation. Section 112.7 requires that the Plan be prepared in accordance with good engineering practices. The section also requires that the Plan have the full approval of management at a level of authority to commit the necessary resources to fully implement the Plan. Specific provisions in this section, among others, require the owner or operator to predict the direction, rate of flow, and total quantity of oil which could be discharged from the facility as result of each type of major equipment failure (section112.7(b)); provide for appropriate containment and/or diversionary structures or equipment to prevent a discharge (section112.7(c)); provide for Professional Engineer (PE) certification or a qualified facility certification (section112.7(d)); and conduct inspections and tests and maintain records (section112.7(e)).
Plan Certification. Under section 112.3(d), a SPCC Plan must be reviewed and certified by a licensed PE for it to be effective to satisfy the requirements except as provided by 40 CFR 112.6, Qualified Facilities Plan Requirements. Under section 112.6, the owner or operator of a qualified facility may self-certify the Plan if the facility meets the eligibility criteria in section 112.3(g).
SPCC Plan Maintenance. Under section 112.5, the owner or operator must complete a review and evaluation of the SPCC Plan at least once every five years. As a result of this review and evaluation, the owner or operator must amend the Plan within six months of the review to include more effective prevention and control technology if the technology has been field-proven at the time of the review and will significantly reduce the likelihood of a discharge of oil.
Recordkeeping. Under section 112.7(e), an owner or operator must conduct inspections and tests and maintain records. The inspections and tests must be conducted in accordance with written procedures the facility or the certifying engineer developed for the facility. The written procedures and a record of the inspections and tests must be signed by the appropriate supervisor or inspector and kept with the SPCC Plan for a period of three years. Records of inspections and tests may be kept under usual and customary business practices.
Form Numbers: None.
Respondents/affected entities: Entities potentially affected by this action are the owners or operators of facilities that are required to have a Spill Prevention, Control, and Countermeasure (SPCC) Plan under the Oil Pollution Prevention regulation (40 CFR part 112). The applicability, definitions, and general requirements for all facilities and all types of oil are located in section 112.1 of the regulations and apply to any owner or operator of a non-transportation-related onshore or offshore facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using or consuming oil and oil products, which due to its location, could reasonably be expected to discharge oil into navigable waters or adjoining shorelines in quantities that may be harmful. (See 40 CFR 112.1(a) through (d) for further information about the applicability of the oil pollution prevention regulations.)
Entities potentially affected by this action are in the following industries: Oil and gas extraction, farms, electric utilities, petroleum refining and related industries, chemical manufacturing, food manufacturing, manufacturing facilities using and storing animal fats and vegetable oils, metal manufacturing, real estate rental and leasing, retail and wholesale trade, transportation, petroleum bulk stations and terminals, fuel oil dealers, hospitals and other health care, accommodation and food services, gasoline stations, finance and insurance, mining, warehousing and storage, pipelines, and government and military installations, among others.
Respondent's obligation to respond: Mandatory, pursuant to 40 CFR 112.3(e).
Estimated number of respondents: 541,000 (total). This figure will be updated as needed during the 60-day OMB review period.
Frequency of response: Facilities must prepare and implement an SPCC Plan before beginning operations and review, evaluate and update the SPCC Plan every five years. In the event of certain discharges of oil into navigable waters, a facility owner or operator must submit certain information to the Regional Administrator within 60 days.
Total estimated burden: 6.2 million hours (per year). This figure will be updated as needed during the 60-day OMB review period. Burden is defined at 5 CFR 1320.03(b).
Total estimated cost:
Changes in Estimates: The above burden estimates are based on the current approved ICR, OMB Control No. 0328.17. In the final notice for the renewal ICR,
[FR Doc. 2019-19671 Filed 9-10-19;
BILLING CODE 6560-50-P