§194.109 Submission of state response plans.

(a)  In lieu of submitting a response plan [the operator's core plan and the response zone appendices for responding to the maximum extent practicable, to a worse case discharge of oil, or the substantial threat of such a discharge] required by §194.103, an operator [a person who owns or operates onshore oil pipeline facilities] may submit a response plan that complies with a state law or regulation, if the state law or regulation requires a plan that provides equivalent or greater spill protection than a plan required under this part.

(b)  A plan submitted under this section must

(1)  Have an information summary required by §194.113;

(2)  List the names or titles and 24-hour telephone numbers of the qualified individual [an English-speaking representative of an operator, located in the United States, available on a 24-hour basis, with full authority to activate and contract with required oil spill removal organization(s); activate personnel and equipment maintained by the operator; act as liaison with the OSC; and obligate any funds required to carry out all required or directed oil response activities](s) and at least one alternate qualified individual(s); and

(3)  Ensure through contract or other approved means [(1) A written contract or other legally binding agreement between the operator and a response contractor or other spill response organization identifying and ensuring the availability of the specified personnel and equipment within stipulated response times for a specified geographic area; (2) Certification that specified equipment is owned or operated by the pipeline operator, and operator personnel and equipment are available within stipulated response times for a specified geographic area; or (3) Active membership in a local or regional oil spill removal organization that has identified specified personnel and equipment to be available within stipulated response times for a specified geographic area] the necessary private personnel and equipment to respond to a worst case discharge [the largest foreseeable discharge of oil, including a discharge from fire or explosion, in adverse weather conditions. This volume will be determined by each pipeline operator for each response zone and is calculated according to §194.105] or a substantial threat of such a discharge.

[58 FR 253, Jan. 5, 1993, as amended by Amdt. 194-4, 70 FR 8748, Feb. 23, 2005]