3406.4.13 Oil Spills

Bulk plants and terminals storing petroleum products and petroleum product pipelines operating within the city shall provide oil-absorbent material, oil-dispersant material, booms and other such material and equipment for the control and remediation of oil spills in such quantity and at such locations as set forth in FC 3406.4.13.1 through 3406.4.13.4.

Exceptions:

1. Bulk plants and terminals storing petroleum products when such facility has in place a spill prevention control and countermeasure plan meeting the requirements of United States Department of Transportation regulations, as set forth in 40 CFR Part 112.
2. Petroleum product pipelines when such pipeline operator has in place for its New York City operations a response plan for onshore oil pipelines meeting the requirements of United States Department of Transportation regulations, as set forth in 49 CFR Part 194.

Oil spill clean-up materials and equipment shall be stored for use at each bulk plant and terminal and locations designated for pipeline operations in accordance with FC Table 3406.4.13.1, the rules or as a condition of the permit for the facility.

FC TABLE 3406.4.13.1 OIL SPILL MATERIALS AND EQUIPMENT TO BE STORED AT EACH BULK PLANT AND TERMINAL OR PIPELINE

MATERIAL OR EQUIPMENT	TOTAL PETROLEUM PRODUCT STORAGE
	1,000,000 GALLONS OR LESS	5,000,000 GALLONS OR LESS	10,000,000 GALLONS OR LESS OR PIPELINE OPERATION	OVER 10,000,000 GALLONS
Absorbent material to recover	3,000 gallons	5,000 gallons	10,000 gallons	20,000 gallons
Boom	300 feet	300 feet plus enough to encircle marine vessel or watercraft, including barges which may be loading or unloading at the premises

Adequate storage facilities, materials-handling equipment and personnel shall be provided by the bulk plant and terminal or pipeline operator. Such materials-handling equipment and personnel shall be continuously available to properly deploy and apply the materials and equipment specified in FC 3406.4.13.1.

The commissioner may approve the utilization of an oil spill clean-up service as a "back-up" spill mitigation measure, authorizing the material quantities to be reduced by ²/₃ of those specified in FC Table 3406.4.13.1, but to a quantity not less than 3,000 gallons (11 356 L) of absorbent material and 300 feet (91 440 mm) of boom, and subject to the following conditions:

1. A responsible officer of the bulk plant and terminal or pipeline operation shall submit a sworn affidavit identifying the oil spill clean-up service with which it has contracted to perform such services, averring that such oil spill clean-up service meets the standards set forth in FC3406.4.13.4 and setting forth the nature of the services to be rendered.
2. The department shall be notified, in writing, within 10 business days of the date when the utilization of the clean-up service is cancelled or the service goes out of business.
3. Such approval may be rescinded by the commissioner for good cause for failure of the spill clean-up service to timely respond to an oil spill, to have adequate equipment, materials or personnel, or to obey or cooperate with the department representatives in charge of the scene of the oil spill.

An oil spill clean-up service may be retained by a bulk plant, bulk terminal or pipeline operation pursuant to FC3406.4.13.3 provided it is capable of meeting the following standards:

1. It maintains the stockpile of material and equipment required by FC3406.4.13.1 for storage of over 10,000,000 gallons (37 850 000 L) of petroleum products, regardless of the amount of petroleum products actually stored at the contracting bulk plants, bulk terminals or pipelines.
2. A supervisor will respond to the spill site within 1 hour from time of notification.
3. It is capable of delivering, on a 24-hour, 7-day-a-week basis, sufficient materials, equipment and personnel to the contracting bulk plant, bulk terminal or pipeline within 2 hours from time of notification.
4. Such service is licensed and operated in accordance with all applicable federal, state and local laws.