26.10.01.22

.22 Requirements for Marine Oil Facilities.

A. Required Response Plan.

(1) The operator of a marine facility that is required to have an approved response plan under 33 CFR Part 154, Subpart F, may not operate the marine facility in this State unless the operator and facility are in full compliance with federal requirements for the response plan.

(2) The response plan shall include, at a minimum, training, discharge contingency, and removal equipment elements.

(3) The marine facility operator shall submit a copy of the response plan to the Department within 90 days after the effective date of this regulation or, if the facility is not required to have an approved federal response plan by that date, within 30 days after the appropriate federal compliance date. The marine facility operator shall submit to the Department any changes made to the response plan within 30 days of the change.

(4) A marine facility operator shall implement all the elements of the response plan in accordance with the schedule of compliance in 33 CFR §154.1010.

(5) The marine facility operator is responsible for maintaining the response plan at the marine oil facility, which shall be made available for review by the Department's personnel upon request.

B. Discharge Prevention at Marine Oil Facilities.

(1) Each marine facility operator shall institute safe fill and shutdown procedures to prevent oil discharges during oil transfer operations and the overfilling of facility storage tanks.

(2) The procedures shall include, at a minimum, the following elements:

(a) The marine facility operator shall ensure that the volume available in the receiving storage tanks is greater than the volume of oil to be transferred before the transfer operation commences;

(b) The marine facility operator shall ensure that the oil transfer operation is monitored continually, either by manual or automatic means, until complete;

(c) Each marine facility operator shall ensure that all tank fill valves not in use are secured; and

(d) The marine facility operator shall ensure that the oil is transferred only into the tanks designated to receive the oil.

(3) Shutdown System or Alarm.

(a) Within 180 days after the effective date of this regulation, the marine facility operator shall either:

(i) Install an automatic shutdown system on each tank to be used during the transfer of oil from a tank vessel which shall, in the event of an overfill, direct the flow of oil to another tank capable of receiving it or shut down the pumping system; or

(ii) Equip each aboveground storage tank used in the transfer of oil from a tank vessel with a high level alarm.

(b) The alarm in §B(3)(a)(ii) of this regulation shall consist of a device capable of alerting the marine facility operator both by sight and hearing of an impending tank overfill. The alarm shall cause a warning light and audible signal to activate at the location of a person monitoring or controlling the oil transfer at the marine oil facility, whenever there occurs a failure, malfunction, or power loss during the transfer of oil.

(c) Tanks receiving asphalt (CAS8052424) from a tank vessel are exempt from the requirements of this subsection.

(4) If the high level alarm sounds, the marine facility operator shall initiate an immediate and orderly emergency shutdown of the oil transfer. Each marine facility operator using a high level alarm shall include an emergency shutdown procedure in the facility records and shall ensure that all facility personnel involved in the transfer operation are trained in this procedure.

(5) The marine facility operator shall ensure that the automatic shutdown system or the high level alarm system is tested once every 30 days or before a receipt of oil. Records of testing shall be maintained at the marine oil facility and be made available for review by the Department's personnel upon request.