Section 19.13 - Requirements for Discharge Prevention and Response Plans(a) Applicability. Any person who operates a waterfront or offshore facility and must obtain a discharge prevention and response certificate prior to operation.(b) Implementation of plans. An operator of any facility that requires certification must develop and implement a written discharge prevention and response plan. Before issuing a certificate, the GLO will conduct an on-site review of the plan. The GLO will determine whether the facility's plan contains all the information required by this section and has been fully implemented. Any person who operates a waterfront or offshore facility must maintain compliance with the plan requirements.(c) Required elements of discharge prevention and response plans for all facility classifications. Operators of all facilities that require certification must prepare discharge prevention and response plans which meet the requirements of TNRC §40.111 and include the following information:(1) the owner and operator of the facility;(2) the person or persons in charge of the facility, as required by § 19.16 of this title (relating to Person in Charge), and a current emergency contact phone number that will be answered 24 hours a day;(3) the name and address (both physical and mailing) of the facility;(4) a description of the facility, including:(A) the location of the facility by latitude and longitude;(B) the facility's primary activity;(C) the types of oil handled, whether safety data sheets (SDS) have been prepared for them, and the location where the (SDS) are maintained;(D) the storage capacity of each tank used for storing oil;(E) the diameter of all lines through which oil is transferred;(F) the average daily throughput of oil at the facility; and(G) the dimensions and capacity in barrels of the largest oil-handling vessel which docks at the facility.(5) for a facility which normally does not have personnel on-site, a commitment to maintain in a prominent location a legible sign or placard, which must state that the GLO and National Response Center are to be notified of an oil spill and give the 24-hour phone numbers for notifying the GLO and National Response Center, and a description and specific location of all signs;(6) a general description of measures taken by the facility to prevent unauthorized discharges of oil;(7) a plan to conduct an annual oil spill drill that entails notifying the GLO and National Response Center and maintenance of a log at the facility which documents when the notification drill was conducted and facility personnel who participated in it;(8) if oil is transferred at the facility, emergency transfer procedures to be implemented if an actual or threatened unauthorized discharge of oil occurs at the facility;(9) strategic plans to contain and clean up unauthorized discharges of oil from the facility;(10) a statement that all facility personnel who might be involved in an oil spill response have been informed that detergents or other surfactants are prohibited from being used on an oil spill in the water, and that dispersants can only be used with the approval of the Regional Response Team, the interagency group composed of federal and state agency representatives that coordinates oil spill responses; and(11) a description of any secondary containment or diversionary structures, equipment, or systems at the facility that operate to prevent discharged oil from reaching coastal waters, including, at minimum: (A) a description of all secondary containment at the site; and(B) the methodology for determining that the containment structures or equipment are adequate to prevent oil from reaching coastal waters.(d) Additional requirements for facilities classified as intermediate. In addition to the requirements in §19.13(c), operators of intermediate facilities must prepare written discharge prevention and response plans which include the following information: (1) a description of the worst case unauthorized discharge of oil reasonably likely to occur at the facility and the rationale used to determine the worst case unauthorized discharge;(2) a description and map of environmentally sensitive areas that would be impacted by the worst case unauthorized discharge and plans for protecting these areas if an oil spill occurs at the facility;(3) a description of the facility's response strategies to contain and clean up the worst case unauthorized discharge;(4) a description of discharge prevention procedures implemented at the facility, including procedures to prevent discharges from transfers of oil;(5) a plan to conduct an annual oil spill drill that includes the following elements: (A) notifying the GLO and National Response Center;(B) notifying any third parties, such as discharge cleanup organizations, which have agreed to respond to an oil spill and confirming they would be able to respond to an oil spill at the facility on the day of the drill;(C) if the facility has spill response equipment stored on-site, deployment of a representative portion of the equipment which would be used to respond to the type of discharge most likely to occur at the facility; and(D) a log documenting when the annual drill was conducted and the facility personnel who participated in it; and(6) if the operator has entered into any oil spill response or cleanup contracts or basic ordering agreements with a discharge cleanup organization, copies of the contracts or agreements or a narrative description of their terms.(e) Additional requirements for facilities classified as large. In addition to the requirements in §19.13(c), operators of large facilities must prepare written discharge prevention and response plans which include the following information: (1) maps showing vehicular access to the facility, pipelines to and from the facility, and nearby residential or other populous areas;(2) a site plan of the facility showing:(A) the location of all structures in which oil is stored;(B) the location of all areas where oil is transferred at the facility; and(C) drainage and diversion systems at the facility, such as sewers, outfalls, catchment or containment systems or basins, sumps, and all watercourses into which surface runoff from the facility drains (all of which will be shown on the site plan or maps);(3) a plan to conduct an annual oil spill drill that includes the following elements: (A) notifying the GLO and National Response Center;(B) notifying any third parties, such as discharge cleanup organizations, which have agreed to respond to an oil spill and confirming they would be able to respond to an oil spill at the facility on the day of the drill;(C) if the facility has spill response equipment stored on-site, deployment of a representative portion of the equipment which would be used to respond to the type of discharge most likely to occur at the facility; and(D) a log documenting when the annual drill was conducted and the facility personnel who participated in it;(4) a detailed description of the facility's discharge prevention and response capability, including: (A) leak detection and safety systems to prevent accidental discharges of oil, including a description of equipment and procedures;(B) schedules, methods, and procedures for testing, maintaining, and inspecting storage tanks, pipelines, and other equipment used for handling oil;(C) schedules, methods, and procedures for conducting accidental discharge response drills;(D) whether the facility's oil spill response capability will primarily be based on contracts or agreements with third parties or on the facility's own personnel and equipment;(E) planned response actions, the chain of command, lines of communication, and procedures for notifying the GLO, emergency response and public safety entities, other agencies, and neighboring facilities in the event of an unauthorized discharge of oil;(F) oil spill response equipment and supplies located at the facility, their ownership and location, and the time required to deploy them;(G) if the facility owns and maintains oil spill response equipment, the schedules, methods, and procedures for maintaining the equipment in a state of constant readiness for deployment;(H) if the operator has entered into any oil spill response or cleanup contracts or basic ordering agreements with a discharge cleanup organization, copies of the contracts or agreements or a narrative description of their terms;(I) the worst case unauthorized discharge of oil reasonably likely to occur at the facility and the rationale used to determine the worst case unauthorized discharge;(J) a description and map of environmentally sensitive areas that would be impacted by the worst case unauthorized discharge and plans for protecting these areas if an oil spill occurs at the facility;(K) a description of response strategies that would be implemented to contain and clean up the worst case unauthorized discharge;(L) information on the facility's program for training facility personnel on accidental discharge prevention and response;(M) information on facility personnel who have been specifically designated to respond to an oil spill, including any training they have received and where the training records are maintained;(N) plans for transferring oil during an emergency; plans for recovering, storing, separating, transporting, and disposing of oily waste materials generated during an oil spill response; and(O) plans for providing emergency medical treatment, site safety, and security during an oil spill.31 Tex. Admin. Code § 19.13
The provisions of this §19.13 adopted to be effective October 30, 2002, 27 TexReg 10037; Amended by Texas Register, Volume 45, Number 31, July 31, 2020, TexReg 5364, eff. 8/9/2020