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The term "worst-case discharge" refers to the largest possible spill of oil that could occur under adverse weather conditions. This definition is important in the context of oil transportation, particularly for regulatory compliance and safety planning. According to federal regulations, the worst-case discharge is typically considered to be the full capacity of the cargo container when it comes to spills from motor vehicles or rail cars.
Table of content
Legal Use & context
This term is primarily used in the field of environmental law and regulation, particularly concerning oil spill prevention and response. It plays a critical role in the development of safety plans required by the Pipeline and Hazardous Materials Safety Administration (PHMSA). Understanding worst-case discharge scenarios helps companies prepare for potential spills and comply with legal standards. Users can manage related forms and procedures through resources like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A rail car transporting crude oil has a capacity of 30,000 gallons. In the event of a spill during a storm, the worst-case discharge would be considered to be the full 30,000 gallons.
Example 2: A tanker truck carrying diesel fuel has a capacity of 10,000 gallons. If an accident occurs in heavy rain, the worst-case discharge would again be the total capacity of the truck, which is 10,000 gallons.
Relevant laws & statutes
The primary regulation governing worst-case discharge is found in 49 CFR 130.5, which outlines oil spill prevention and response plans. Additionally, the definition is linked to the Clean Water Act, specifically 33 U.S.C. 1321(a)(24), which addresses oil spills and their environmental impact.
State-by-state differences
State
Variation
California
Has stricter regulations on spill response planning and reporting.
Texas
Focuses on specific oil spill response training requirements for companies.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Description
Maximum potential discharge
Synonymous with worst-case discharge; refers to the largest spill possible under defined conditions.
Actual discharge
The amount of oil that has been spilled, which may be less than the worst-case scenario.
Common misunderstandings
What to do if this term applies to you
If you are involved in oil transportation, it is crucial to understand your responsibilities regarding worst-case discharge. Ensure that your spill response plan is compliant with federal and state regulations. You can explore US Legal Forms for templates that can help you create or update your spill response plans. If your situation is complex, consider seeking professional legal advice.
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