31 Tex. Admin. Code § 19.14
Applications for Major Facilities
Effective Mar 6, 199520 TexReg 1261Source Note: The provisions of this §19.14 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective May 14, 1993, 18 TexReg 2849; amended to be effective March 6, 1995, 20 TexReg 1261.Texas Secretary of State
All major facility applications must contain the following information:
- (1) the names and addresses, including street address and directions from the nearest highway, of the facility, the owner of the facility, the operator of the facility, the person or persons in charge required by §19.16 of this title (relating to Person in Charge), and the registered agent for service as required by OSPRA;
(2) a description of the facility, including:
- (A) the date the facility began operations under the current owner or operator, whichever is earlier, a list of all of the types of oil handled, the location of and the contact person for obtaining the material safety data sheets for all the types of oil handled, the oil storage and transfer capacity, the throughput capacity, and the average daily throughput; and
- (B) the location of the facility by latitude and longitude, N.A.D. 27 or N.A.D. 83, or by state plane coordinates indicating zone or by Universal Transverse Mercator coordinates indicating zone and all environmentally sensitive areas that would be affected by a worst case discharge from the facility;
- (C) the dimensions and oil capacity of the largest vessel docking or providing service at the facility and a description of the vessels under the operational control of the facility;
(D) a site plan of the facility certified (except that pipeline site plans need not be certified) by a registered professional engineer or registered public land surveyor showing:
- (i) the location of all structures in which oil is handled and vessel and tank car or truck transfer areas;
- (ii) vicinity maps showing vehicular access to the facility, pipelines to and from the facility, nearby environmentally sensitive areas, and nearby residential or other populous areas; and
- (iii) drainage and diversion plans of the facility, such as sewers, outfalls, catchment or containment systems or basins, diversion systems, and all watercourses into which surface runoff from the facility drains (all of which may be shown on the site plan or maps); and
- (E) the most recent available aerial photographs;
- (3) proof of financial responsibility as required by regulations either adopted or continued in effect under OPA, §1016 (33 United States Code §2716), if applicable to the facility;
- (4) the number and qualifications of personnel employed at the facility with discharge prevention and response duties;
- (5) current discharge prevention or response training programs and requirements for the facility's personnel and for outside contractors working at the facility;
(6) a statement of the applicant's discharge prevention and response capability, including:
- (A) a statement of whether the applicant's response capability will primarily be based on contracts or agreements with third parties or on the applicant's own personnel and equipment;
- (B) a copy of the applicant's current discharge prevention and response plan required by the Federal Water Pollution Control Act, §311(j) (33 United States Code §1321), including the spill prevention containment and countermeasure plan required by 40 Code of Federal Regulations §112.3, if applicable to the facility;
(C) a description of the facility's preventive measures, including:
- (i) leak detection and discharge prevention safety systems, devices, equipment, or procedures;
- (ii) schedules, methods, and procedures for testing, maintaining, and inspecting storage tanks, pipelines, and other structures within or appurtenant to the facility that contain or handle oil;
- (iii) schedules, methods, and procedures for conducting discharge response drills;
(D) a description of the facility's response plan, including:
- (i) planned response actions, the chain of command, lines of communication, and procedure for notifying the General Land Office in the event of an unauthorized discharge;
- (ii) response equipment and supplies available to respond to an unauthorized discharge at the facility, its ownership and location, and the time required to deploy it at the facility;
- (iii) plans for sampling, testing, and measuring the volume of substances discharged;
- (iv) plans for the recovery, storage, separation, transportation, and disposal of waste from an unauthorized discharge;
- (v) the probable direction and rate of flow for unauthorized discharges at the facility;
- (vi) plans and maps showing the strategy for protection of environmentally sensitive areas in the event of an unauthorized discharge;
- (vii) plans for providing emergency medical treatment, site safety and security, fire prevention in the event of an unauthorized discharge and a site-specific safety plan (29 Code of Federal Regulations §1910.120); and
- (viii) schedules, methods and procedures at the facility for maintaining and evaluating the readiness of facility-owned and facility-maintained response equipment and supplies. This subsection applies only to equipment owned or maintained by a facility;
- (7) any discharge response or cleanup contracts or basic ordering agreements, or the terms of either, the applicant has with a discharge cleanup organization or other person;
- (8) an estimate of a worst case discharge for the facility, including the rationale used to establish the estimate;
- (9) a list of both oil and hazardous substance discharges at the facility within the previous year;
- (10) a list of environmental permits and registration or identification numbers that have been obtained for the facility, including those for wastewater discharge, injection wells, and underground or aboveground storage tanks. Any other permit or license related to discharges into ground or surface waters of the State of Texas must be included;
- (11) if applicable, a statement describing the applicant's participation in the National Preparedness for Response Exercise Program (PREP).
Source Note:The provisions of this §19.14 adopted to be effective February 21, 1992, 17 TexReg 1109; amended to be effective May 14, 1993, 18 TexReg 2849; amended to be effective March 6, 1995, 20 TexReg 1261.