(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:
(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:
(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:
(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:
(3) a plan to conduct an annual oil spill drill that includes the following elements:
(4) a detailed description of the facility's discharge prevention and response capability, including:
Source Note: The provisions of this §19.13 adopted to be effective October 30, 2002, 27 TexReg 10037; amended to be effective August 9, 2020, 45 TexReg 5364