Subpart X - Integrated Contingency Plan.

0.06 Annexes.

The integrated contingency plan shall contain annexes that contain more detailed supporting information on specific response management functions not addressed in the core plan section. The integrated contingency plan shall include information described in the following annexes (as appropriate):

(a) Facility and locality information annex. This annex shall provide detailed information to responders on the layout of the facility and the surrounding environment. It shall include:

(1) Facility maps. If the facility is subject to the EPA's Oil Pollution Prevention Regulation in 40 CFR part 112, this annex shall also contain map(s) of the facility that clearly shows (as appropriate):

(i) The location of the worst case discharge, and

(ii) The distance between each line section in the response zone and-

(A) Each potentially affected public drinking water intake, lake, river, and stream within a radius of five miles of the line section, and

(B) Each potentially affected environmentally sensitive area within a radius of one mile of the line section.

(2) Facility drawings. This annex shall contain, as a minimum, the following facility drawings:

(i) Site plan drawing. The site plan drawing shall, as appropriate, include and identify:

(A) The entire facility to scale;

(B) Above and below ground bulk oil storage tanks;

(C) The contents and capacities of bulk oil storage tanks;

(D) The contents and capacity of drum oil storage areas;

(E) The contents and capacities of surface impoundments;

(F) Process buildings;

(G) Transfer areas;

(H) Secondary containment systems (location and capacity);

(I) Structures where hazardous materials are stored or handled, including materials stored and capacity of storage;

(J) Location of communication and emergency response equipment;

(K) Location of electrical equipment which contains oil; and

(L) For complexes only, the interface(s) (i.e., valve or component) between the portion of the facility regulated by EPA and the portion(s) regulated by other Agencies. In most cases, this interface is defined as the last valve inside secondary containment before piping leaves the secondary containment area to connect to the transportation-related portion of the facility (i.e., the structure used or intended to be used to transfer oil to or from a vessel or pipeline). In the absence of secondary containment, this interface is the valve manifold adjacent to the tank nearest the transfer structure as described above. The interface may be defined differently at a specific facility if agreed to by the Regional Administrator and the appropriate Federal official.

(ii) Site drainage plan drawing. The site plan drawing shall, as appropriate, include:

(A) Major sanitary and storm sewers, manholes, and drains;

(B) Weirs and shut-off valves;

(C) Surface water receiving streams;

(D) Fire fighting water sources;

(E) Other utilities;

(F) Response personnel ingress and egress;

(G) Response equipment transportation routes; and

(H) Direction of spill flow from discharge points.

(iii) Site evacuation plan diagram. The site evacuation plan diagram shall, as appropriate, include:

(A) Site plan diagram with evacuation route(s); and

(B) Location of evacuation regrouping areas.

(iv) A Piping diagram and plan profile drawing of each line section, as appropriate, which may be kept separate from the integrated contingency plan if the location is identified.

(3) Facility description/layout. Other descriptions such as site topography and prevailing site conditions (i.e., weather) and layout of the facility shall be included to the extent that they do not repeat any information already contained in the integrated contingency plan.

(b) Notification annex. This annex shall detail the process of making people aware of an incident (i.e., who to call, when the call must be made, and what information/data to provide on the incident). Lists containing addresses and phone numbers of parties and agencies in this annex must be readily accessible to ensure rapid response. Notification lists provided on the core plan need not be duplicated here but need to be referenced.

(1) Internal notifications. This section of the notification annex shall contain the following information relating to internal notifications:

(i) A list of names, addresses, and phone numbers (office and home) of all persons qualified to act as an Facility Incident Commander or Qualified Individual (see ' 0.06(c)(2)), and this list must be kept up to date. Where more than one Qualified Individual is listed, one must be named as primary Qualified Individual and others must be listed in the order in which they will assume responsibility as alternates. This listing shall also contain, as appropriate, an identification of the person(s), including name, telephone number, and their role in the plan, to be notified of a discharge or substantial threat of a discharge of oil including facility response personnel, the spill management team, and oil spill removal organizations.

(ii) Procedures for activating internal alarms and hazard communication systems, where applicable, to notify all facility personnel.

(2) Community notifications. This section of the notification annex shall contain procedures for notifying local agencies and individuals with designated response roles if their help is needed. It shall include procedures for notifying the following individuals and organizations:

(i) Local response team (fire dept./cooperatives).

(ii) Fire marshall.

(iii) Local Emergency Planning Committee (LEPC).

(iv) Local water supply system.

(v) Local television/radio station for evacuation notification.

(vi) Hospitals and other medical facilities.

(vii) Other local emergency response agencies not listed in (i) through (vi).

(3) Federal and state agency notifications.

(i) This section of the notification annex shall contain procedures for notifying Federal and State agencies with designated response roles of their help is needed. It shall include procedures for notifying the following organizations:

(A) National Response Center (NRC);

(B) Federal On Scene Coordinator (OSC) and/or Regional Response Center;

(C) State Emergency Response Commission (SERC);

(D) State police;

(E) Other federal and state response agencies not listed in (A) through (D).

(ii) This section of the notification annex must also include a form, such as that depicted in Figure 1, which contains information to be provided in the initial and follow-up notifications to Federal, State, and local agencies. The form shall include notification of the National Response Center. Copies of the form also must be placed at the location(s) from which notification may be made. The initial notification form must include space for the information contained in Figure 1. The form must contain a prominent statement that initial notification must not be delayed pending collection of all information.

FIGURE 1

INFORMATION ON DISCHARGE*

Involved Parties

(A) Reporting Party (B) Suspected Responsibile Party
Name
Phones ()

Company
Position
Address
Adress




City
State
Zip
Name
Phones ()

Company
Organization Type:
Private citizen
Private enterprise
Public utility
Local government
State government
Federal government
City
State
Zip
Were Materials Discharged (Y/N)?
Calling for Responsibile Party (Y/N)?
Incident Description
Source and Cause of Incident
Date - - - Time
Cause


Incident Address/Location

Distance from City
Storage Tank Container Type - Above ground (Y/N)
Tank Capacity
Latitude Degrees
Longitude Degrees
Mile Post or River Mile
Nearest City
Unknown
Facility Capacity
Material
Discharged
Quanity
Unit of
Measure
Discharged Material

Quantity
in Water
Additional Information
Any information about the Incident not recorded elsewhere in the report
Caller Notifications
USCG EPA STATE OTHER
*IT IS NOT NECESSARY TO WAIT FOR ALL INFORMATION BEFORE CALLING NRC.

NATIONAL RESPONSE CENTER 1-800-424-8802

(c) Response management structure annex. This annex shall describe in general the facility's response management system as well as contain specific information necessary to guide or support the actions of each response management function described in paragraphs (c)(2) to (6).

(1) General management structure information.

(i) If facility owners or operators choose to follow the fundamental principles of the National Interagency Incident Management System (NIIMS) Incident Command System (ICS), then they may adopt NIIMS ICS by reference and do not have to describe the response management system in detail in the plan. If the NIIMS ICS is adopted by reference, planners shall address either:

(A) Basic areas where their response management system is at variance with NIIMS ICS or

(B) How the facility's organization fits into the NIIMS ICS structure using an organizational diagram.

(ii) If facility owners or operators choose not to adopt the fundamental principles of NIIMS ICS, this section should describe in detail the structure of the facility response management system.

(iii) Regardless of the response management system used, this section of the response management structure annex shall include the following information:

(A) Organizational chart;

(B) Specific job description for each position;

(C) Detailed description of information flow;

(D) Description of the formation of a unified command within the response management system.

(2) Command. This section of the response management annex must describe the command aspects of the response management system that will be used. It shall also identify the location(s) of predesignated command posts.

(i) Facility Incident Commander and Qualified Individual. This section must identify the Facility Incident Commander, Qualified Individual (if applicable) and Alternate Qualified Individual(s) (if applicable) by name and/or title and provide information on their authorities and duties which meet the requirements in subsections (A) through (E) below.

(A) The Facility Incident Commander, Qualified Individual, and Alternate Qualified Individual(s) must meet the following requirements:

(I) Speak fluent English;

(II) Be available on a 24-hour basis and be able to arrive at the facility in a reasonable time;

(III) Be familiar with all aspects of the facility's integrated contingency plan; all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility and the facility layout; and

(IV) Be trained in their responsibilities under the integrated contingency plan.

(B) The owner or operator shall provide the Facility Incident Commander and each Qualified Individual (including alternates) identified in the plan with a document designating them as the Facility Incident Commander and Qualified Individual(s) and specifying their full authority to:

(I) Activate and engage in contracting with oil spill removal organization(s), if applicable;

(II) Act as a liaison with predesignated Federal On-Scene Coordinator (OSC); and

(III) Obligate the resources needed to carry out response activities.

(C) The owner or operator of a facility may designate an organization to fulfill the role of the Facility Incident Commander, Qualified Individual(s) and Alternate Qualified Individual(s). The organization must then identify the Facility Incident Commander, a qualified individual and at least one alternate qualified individual who meet the requirements of this section. The owner or operator is required to list in the integrated contingency plan the organization, the person identified as the Facility Incident Commander, Qualified Individual, and the person or person(s) identified as the Qualified Individual(s).

(D) The Facility Incident Commander and Qualified Individual(s) are not responsible for-

(I) The adequacy of response plans prepared by the owner or operator; or
(II) Contracting or obligating funds for response resources beyond the authority contained in their designation from the owner or operator of the facility.
(E) The liability of the Facility Incident Commander and Qualified Individual(s) are considered to be in accordance with the provisions of 33 USC 1321(c)(4).

(ii) Information. This section shall address how the facility will disseminate information internally (i.e., to facility/response employees) and externally (i.e., to the public).

(iii) Safety. This section shall describe a process for ensuring the safety of responders and procedures for protecting facility personnel. Evacuation routes and procedures, safe distances and places of refuge shall be addressed.

Note to (iii). Facilities should reference responsibilities of the safety officer, federal/state requirements (e.g. HAZWOPER), and safety provisions of the ACP.

(iv) Liaison - Staff Mobilization. This section shall describe the process by which the internal and external emergency response teams will interact, including the possibility of integration (i.e., unified command). This includes a process for communicating with local emergency management especially where safety of the general public is concerned.

(3) Operations. This section of must contain specific operational procedures to respond to an incident. Response procedures shall be tailored to the particular hazards/conditions in place at the facility. The following areas must be addressed:

(i) Response Objectives. Identify response objectives for each potential incident arising from the use of hazardous substances and/or conditions present at the facility.

(ii) Discharge or Release Control. If applicable, measures for securing the discharge and release of hazardous substances involving the following equipment and scenarios must be addressed:

(A) Failure of manifold, mechanical loading arm, other transfer equipment, or hoses, as appropriate;

(B) Tank overfill;

(C) Tank Failure;

(D) Piping rupture;

(E) Piping leak, both under pressure and not under pressure, if applicable;

(F) Explosion or fire; and

(G) Equipment failure (e.g., pumping system failure, relief valve failure, or other general equipment relevant to operational activities associated with internal and external facility transfers).

(iii) Assessment/monitoring. Actions to be taken by the Facility Incident Commander or Qualified Individual(s) for assessing and monitoring possible hazards to human health or the environment that may result from a release, fire or explosion must be addressed in this section. If the facility stops operations in response to a fire, explosion or release, the Facility Incident Commander must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

(iv) Containment. This section shall address measures for ensuring that fires, explosions, and releases do not recur or spread to other areas of the facility. These measures must include, where applicable, stopping processes and operation, collecting and containing released used oil, and removing or isolating containers. If the facility is subject to the EPA's Oil Pollution Prevention Regulation in 40 CFR part 112, this section shall describe how to contain and control a spill through drainage, including:

(A) The available volume of containment;

(B) The route of drainage from oil storage and transfer areas;

(C) The construction materials used in drainage troughs;

(D) The type and number of valves and separators used in the drainage system;

(E) Sump pump capacities;

(F) The containment capacity of weirs and booms that might be used and their location;

(G) Other cleanup materials.

(v) Recovery. In this section, facility owners or operators must describe how and where the facility intends to recover, reuse, decontaminate, or dispose of materials after a discharge has taken place. The appropriate permits required to transport or dispose of recovered materials according to local, State, and Federal requirements must be addressed. Materials that must be accounted for in the disposal plan, as appropriate, include:

(A) Recovered product;

(B) Contaminated soil;

(C) Contaminated equipment and materials, including drums, tank parts, valves, and shovels;

(D) Personnel protective equipment;

(E) Decontamination solutions;

(F) Adsorbents; and

(G) Spent chemicals.

(vi) Decontamination. Procedures for all phases of decontamination shall be developed and implemented in this section in accordance with the following:

(A) Decontamination procedures.

(I) A decontamination procedure shall be developed, communicated to employees and implemented before any employees or equipment may enter areas on site where potential for exposure to hazardous substances exists.

(II) Standard operating procedures shall be developed to minimize employee contact with hazardous substances or with equipment that has contacted hazardous substances.

(III) All employees leaving a contaminated area shall be appropriately decontaminated; all contaminated clothing and equipment leaving a contaminated area shall be appropriately disposed of or decontaminated.

(IV) Decontamination procedures shall be monitored by the site safety and health supervisor to determine their effectiveness. When such procedures are found to be ineffective, appropriate steps shall be taken to correct any deficiencies.

(B) Location. Decontamination shall be performed in geographical areas that will minimize the exposure of uncontaminated employees or equipment to contaminated employees or equipment.

(C) Equipment and solvents. All equipment and solvents used for decontamination shall be decontaminated or disposed of properly.

(D) Personal protective clothing and equipment.

(I) Protective clothing and equipment shall be decontaminated, cleaned, laundered, maintained or replaced as needed to maintain their effectiveness.

(II) Employees whose non-impermeable clothing becomes wetted with hazardous substances shall immediately remove that clothing and proceed to shower. The clothing shall be disposed of or decontaminated before it is removed from the work zone.

(E) Unauthorized employees. Unauthorized employees shall not remove protective clothing or equipment from change rooms.

(F) Commercial laundries or cleaning establishments. Commercial laundries or cleaning establishments that decontaminate protective clothing or equipment shall be informed of the potentially harmful effects of exposures to hazardous substances.

(G) Showers and change rooms. Where the decontamination procedure indicates a need for regular showers and change rooms outside of a contaminated area, they shall be provided and meet the requirements of 29 CFR 1910.141. If temperature conditions prevent the effective use of water, then other effective means for cleansing shall be provided and used.

(vii) Non-responder medical needs. This section shall address emergency medical treatment and first aid, including information on ambulances and hospitals.

(viii) Salvage Plans.

(4) Planning.

(i) Hazard Assessment. This section shall present a detailed assessment of all potential hazards present at the facility, an analysis of vulnerable receptors (e.g., human populations, both workers and the general public, environmentally sensitive areas, and other facility-specific concerns) and a discussion of which risks deserve primary consideration during an incident. It must also address the full range of risks present at the facility. Facilities subject to the EPA's Oil Pollution Prevention Regulation in 40 CFR part 112 shall include discussion of specific planning scenarios for:

(A) A worst case discharge, as calculated using the appropriate worksheet in Appendix D to 40 CFR part 112. In cases where the Regional Administrator determines that the worst case discharge volume calculated by the facility is not appropriate, the Regional Administrator may specify the worst case discharge amount to be used for response planning at the facility. For complexes, the worst case planning quantity shall be the larger of the amounts calculated for each component of the facility;

(B) A discharge of 2,100 gallons or less, provided that this amount is less than the worst case discharge amount. For complexes, this planning quantity shall be the larger of the amounts calculated for each component of the facility; and

(C) A discharge greater than 2,100 gallons and less than or equal to 36,000 gallons or 10 percent of the capacity of the largest tank at the facility, whichever is less, provided that this amount is less than the worst case discharge amount. For complexes, this planning quantity shall be the larger of the amounts calculated for each component of the facility.

(ii) Protection. This section of response management structure annex shall address strategies for protecting the vulnerable receptors identified through the hazard analysis. Activities to be addressed in developing this section include:

(A) Population protection;

(B) Protective booming;

(C) Dispersant use, in-situ burning;

(D) Bioremediation;

(E) Water intake protection;

(F) Wildlife recovery/rehabilitation;

(G) Natural remediation;

(H) Vapor suppression; and

(I) Monitoring, sampling, and modeling.

(iii) Coordination with Natural Resource Trustees. This section shall address coordination with government natural resource trustees, including the designation of personnel to work with the natural resource trustees in Natural Resource Damage Assessment (NRDA).

(iv) Waste Management. This section shall address procedures for the recycling, storing, or disposing of recovered hazardous material and contaminated debris in accordance with federal, state and local requirements.

(5) Logistics. This section shall address how the facility will provide the operational needs of response operations in the following areas:

(i) Medical needs of responders.

(ii) Site security. Facilities are required to maintain a certain level of security, as appropriate. In this section, a description of the facility security shall be provided and include, as appropriate:

(A) Emergency cut-off locations (automatic or manual valves);

(B) Enclosures (e.g., fencing, etc.);

(C) Guards and their duties, day and night;

(D) Lighting;

(E) Valve and pump locks; and

(F) Pipeline connection caps.

(iii) Communications (internal and external resources).

(iv) Transportation (air, land, water).

(v) Personnel support. This section shall include volunteer training, management, overnight accommodations, meals, operational/administrative spaces and emergency procedures.

(vi) Equipment maintenance and support.

(6) Finance/procurement/administration.

(i) Resource List. This section shall include a list of resources (i.e., personnel and equipment) available at the facility, locally, and regionally and how to procure them in the event of an emergency.

(ii) Personnel. This section shall describe (by name or position) of trained personnel available within a specified response time and a description of their capabilities, including the duties of persons at the facility during an emergency.

(iii) Response Equipment. This section shall include an up-to-date list of all emergency equipment at the facility, locally and regionally (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. In addition, it must include the location and a physical description of each item on the list, a brief outline of its capabilities and how to procure such item as necessary.

(iv) Support Equipment. This section must include a list of all equipment at the facility, locally and regionally that will be used to support a response to an incident. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, a brief outline of its capabilities, and how to procure such item as necessary.

(v) Contracting. This section shall include information on previously established agreements with organizations supplying personnel and equipment (e.g., oil spill removal organizations).

(vi) Claims Procedures. This section shall address methods of processing claims resulting from the incident.

(vii) Cost Documentation. This section shall address methods to account for resources expended during an incident response.

(d) Incident documentation annex. The incident documentation annex shall describe the company's procedures for conducting a follow-up investigation of the cause of the accident in accordance to the investigation procedures set forth in paragraph (1) of this section. The facility is also required to maintain an accounting of incidents that have occurred at the facility to meet the requirements in paragraph (d)(2) of this section.

(1) Post accident investigation.

(i) The owner or operator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, he must submit a written report on the incident to the Regional Administrator. The report must include:

(A) Name, address, and telephone number of the owner or operator;

(B) Name, address, and telephone number of the facility;

(C) Date, time, and type of incident (e.g., fire, explosion);

(D) Name and quantity of material(s) involved;

(E) The extent of injuries, if any;

(F) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

(G) Estimated quantity and disposition of recovered material that resulted from the incident.

(ii) Whenever an incident resulted in, or could reasonably have resulted in a catastrophic release of hazardous chemicals in the workplace, the owner or operator shall enact the following investigation procedures:

(A) An incident investigation shall be initiated as promptly as possible, but not later than 48 hours following the incident.

(B) An incident investigation team shall be established and consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident.

(C) A report shall be prepared at the conclusion of the investigation which includes at a minimum:

(I) Date of incident;

(II) Date investigation began;

(III) A description of the incident;

(IV) The factors that contributed to the incident; and,

(V) Any recommendations resulting from the investigation.

(D) The employer shall establish a system to promptly address and resolve the incident report findings and recommendations. Resolutions and corrective actions shall be documented.

(E) The report shall be reviewed with all affected personnel whose job tasks are relevant to the incident findings including contract employees where applicable.

(F) Incident investigation reports shall be retained for five years.

(2) Incident History. Briefly describe the facility's incident history for the entire life of the facility to the extent that such information is reasonably identifiable, including:

(i) Date of incident(s);

(ii) List of incident causes;

(iii) If discharged material(s) involved, include:

(A) Material(s) discharged;

(B) Amount discharged in gallons;

(C) Amount of discharge that reached navigable waters, if applicable;

(D) Effectiveness and capacity of secondary containment;

(E) Total storage capacity of the tank(s) or impoundment(s) from which the material discharged;

(iv) Clean-up actions taken;

(v) Steps taken to reduce possibility of recurrence;

(vi) Enforcement actions;

(vii) Effectiveness of monitoring equipment; and

(viii) Description(s) of how each incident was detected.

Note: The information solicited in this section may be similar to requirements in 40 CFR 112.4(a). Any duplicate information required by ' 112.4(a) may be photocopied and inserted.

(e) Training and exercises/drills annex. This annex must describe the training and exercise program conducted at the facility which meet the requirements in subsections (1) and (2) below. Facilities may follow appropriate training or exercise guidelines (e.g., National Preparedness for Response Exercise Program Guidelines) as allowed under the various regulatory requirements. An alternative program can also be acceptable subject to approval by the Regional Administrator.

(1) Training program.

(i) This section must identify the training to be provided to each individual with responsibilities under the plan. A facility owner or operator must identify the method of training any volunteers or casual laborers employed during a response to comply with the requirements of 29 CFR 1910.120.

(ii) A facility owner or operator shall ensure the maintenance of records sufficient to document training of facility personnel and shall make them available for inspection upon request by governmental agencies with relevant responsibilities. Records for facility personnel must be maintained at the facility for 3 years.

(iii) Where applicable, a facility owner or operator shall ensure that an oil spill removal organization identified in a response plan to meet the requirements of this subpart maintains records sufficient to document training for the organization's personnel and shall make them available for inspection upon request by the facility's management personnel, the qualified individual, and U.S. Coast Guard. Records must be maintained for 3 years following completion of training.

(iv) The facility owner or operator remains responsible for ensuring that all private response personnel are trained to meet the Occupational Safety and Health Administration (OSHA) standards for emergency response operations in 29 CFR 1910.120.

(2) Exercises/Drills.

(i) This section must contain details on the type and frequency of drills. The integrated contingency plan must provide for both announced and unannounced drills. The following are the required drill frequencies submitting an integrated contingency plan:

(A) Facility personnel and qualified individual notification drills must be conducted monthly.

(B) Facility equipment deployment drills must be conducted semiannually.
An unannounced annual drill, in which equipment is deployed, may be credited towards one of the semiannual drills.

(C) Spill management team tabletop drills must be conducted yearly.

(D) A facility owner or operator shall plan for an annual unannounced drill. During this drill, the oil spill removal organizational and spill management team identified in the facility's response plan shall be activated. The unannounced drill shall include deployment of major response equipment at the facility or other appropriate staging area. Facility equipment deployed during this unannounced drill may be credited towards the semiannual deployment drill required in paragraph (i)(B) of this section. A facility owner or operator may take credit for any unannounced oil spill response drill required by a Federal or State agency provided that this unannounced drill meets the requirements of this section for exercising the oil spill removal organization, spill management team and major response equipment.

(E) A facility owner or operator shall participate to the extent requested in any unannounced drills conducted by the cognizant Captain of the Port (COTP). A facility owner or operator need not participate in a COTP drill if the facility has participated in an unannounced Federal or State oil spill response drill within the past 24 months; the facility owner or operator shall immediately provide records of this drill to the COTP.

(F) A facility owner or operator shall ensure that the response resources identified in the plan participate in annual deployment drills.

(ii) Drills may be designed by the facility owner or operator to exercise either components of or the entire response plan. The facility owner or operator shall conduct a drill that exercises the entire plan at least once every 3 years.

(iii) A facility owner or operator shall ensure that records sufficient to document drills for facility personnel and the spill management team are maintained for 3 years following completion of drills.

(iv) The facility owner, operator, or qualified individual designated in the response plan shall ensure that records sufficient to document the drills of the oil spill removal organization and response resources identified in the response plan are maintained 3 years following the completion of drills.

(v) The requirements for drilling the spill management team in paragraphs (i)(3) and (i)(5) of this section are met if the oil spill removal organization identified in the response plan is drilled during the period noted. The facility owner or operator shall maintain records of these drills and make them available to the COTP.

(f) Response critique and plan review and modification process annex.

(1) Response critique. Procedures for critiquing an actual or simulated response should be addressed in this section.

(2) Plan review and modification process. Procedures for modifying the integrated contingency plan shall meet the following requirements:

(i) The integrated contingency plan must be reviewed, and immediately amended, if necessary, whenever:

(A) The facility permit is revised;

(B) The plan fails in an emergency;

(C) The facility changes-in its design, construction, operation, maintenance, or other circumstances-in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;

(D) The list of Facility Incident Commander or Qualified Individuals changes; or

(E) The list of emergency equipment changes.

(ii) Facilities subject to the United States Coast Guard-Federal Response Plan (USCG-FRP) regulation in 33 CFR part 154 are subject to the following review and modification procedures:

(A) A facility response plan must be reviewed annually by the facility owner or operator. The review shall incorporate any changes in the listings of economically important or environmentally sensitive areas identified in the Area Contingency Plan (ACP) in effect 6 months prior to plan review.

(I) This review must occur within 1 month of the anniversary date of COTP approval of the plan.

(II) The facility owner or operator shall submit any amendments of the response plan to the COTP for information or approval. If no changes are required, the facility owner or operator shall send a letter to the COTP indicating that the plan remains valid with no changes. A copy of this letter must be included in the front of each copy of the response plan and indicated in the record of changes page.

(III) Any required changes must be entered in the plan and noted on the record of changes page.

(B) Revisions or amendments to either a previously submitted or approved response plan must be submitted to the COTP by the facility's owner or operator for inclusion in the existing plan or for approval, whichever is appropriate, whenever there is-

(I) A change in the facility's configuration that significantly affects the information included in the integrated contingency plan;

(II) A change in the type of oil (oil group) handled, stored, or transported that affects the required response resources;

(III) A change in the name(s) and/or capabilities of the oil spill removal organization required by ' 154.1045;

(IV) A change in the facility's emergency response procedures;

(V) A change in the facility's operating area that includes ports or geographic area(s) not covered by the previously approved plan. A facility may not operate in an area not covered in a previously approved plan unless the revised plan is approved or interim operating approval is received under ' 154.1025;

(VI) Any other changes that significantly affect the implementation of the plan; or

(VII) Five years from the date of COTP approval.

(C) The COTP may require a facility owner or operator to revise the integrated contingency plan at any time as a result of a compliance inspection if the COTP determines that the plan does not meet the requirements of this subpart or as a result of inadequacies noted in the plan during an actual pollution incident at the facility.

(D) Except as required in paragraph (f)(2)(ii)(B) of this section, amendments to personnel and telephone number lists included in the plan do not require COTP approval. The COTP and all other holders of plan shall be advised of the revisions and provided a copy of the revisions as they occur.

(iii) A list of plan amendments (i.e., history of updates) should also be contained in this annex.

(g) Prevention annex. This annex shall describe the procedures and policies of the facility to prevent the occurrence of an incident.

0.07 Copies and availability of integrated contingency plan.

The integrated contingency plan shall be in writing and available for inspection and copying by employees, their representatives, OSHA personnel and other governmental agencies with relevant responsibilities. For those facilities with 10 or fewer employees the plan may be communicated orally to employees and the employer may not need maintain a written plan.