[Title 33 CFR O]
[Code of Federal Regulations (annual edition) - July 1, 2005 Edition]
[Title 33 - NAVIGATION AND NAVIGABLE WATERS]
[Chapter I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)]
[Subchapter O - POLLUTION]
[From the U.S. Government Printing Office]
33NAVIGATION AND NAVIGABLE WATERS22005-07-012005-07-01falsePOLLUTIONOSUBCHAPTER ONAVIGATION AND NAVIGABLE WATERSCOAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
SUBCHAPTER O_POLLUTION
PART 151_VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER--Table of Contents
Subpart A_Implementation of MARPOL 73/78 and the Protocol on
Environmental Protection to the Antarctic Treaty as it Pertains to
Pollution from Ships
General
Sec.
151.01 Purpose.
151.03 Applicability.
151.04 Penalties for violation.
151.05 Definitions.
151.06 Special areas.
151.07 Delegations.
151.08 Denial of entry.
Oil Pollution
151.09 Applicability.
151.10 Control of oil discharges.
151.11 Exceptions for emergencies.
151.13 Special areas for Annex I of MARPOL 73/78.
151.15 Reporting requirements.
151.17 Surveys.
151.19 International Oil Pollution Prevention (IOPP) Certificates.
151.21 Ships of countries not party to MARPOL 73/78.
151.23 Inspection for compliance and enforcement.
151.25 Oil Record Book.
151.26 Shipboard oil pollution emergency plans.
151.27 Plan submission and approval.
151.28 Plan review and revision.
151.29 Foreign ships.
Noxious Liquid Substance Pollution
151.30 Applicability.
151.31 Where to find requirements applying to oceangoing ships carrying
Category A, B, C, and D NLS.
151.32 Special areas for the purpose of Annex II.
151.33 Certificates needed to carry Category C Oil-like NLS.
151.35 Certificates needed to carry Category D NLS and Category D Oil-
like NLS.
151.37 Obtaining an Attachment for NLSs to the IOPP Certificate and
obtaining an NLS Certificate.
151.39 Operating requirements: Category D NLS.
151.41 Operating requirements for oceangoing ships with IOPP
Certificates: Category C and D Oil-like NLSs.
151.43 Control of discharge of NLS residues.
151.45 Reporting spills of NLS: Category A, B, C, and D.
151.47 Category D NLSs other than oil-like Category D NLSs that may be
carried under this part.
151.49 Category C and D Oil-like NLSs allowed for carriage.
Garbage Pollution and Sewage
151.51 Applicability.
151.53 Special areas for Annex V of MARPOL 73/78.
151.55 Recordkeeping requirements.
151.57 Waste management plans.
151.59 Placards.
151.61 Inspection for compliance and enforcement.
151.63 Shipboard control of garbage.
151.65 Reporting requirements.
151.66 Operating requirements: Discharge of garbage in the navigable
waters prohibited.
151.67 Operating requirements: Discharge of plastic prohibited.
151.69 Operating requirements: Discharge of garbage outside special
areas.
151.71 Operating requirements: Discharge of garbage within special
areas.
151.73 Operating requirements: Discharge of garbage from fixed or
floating platforms.
151.75 Grinders or comminuters.
151.77 Exceptions for emergencies.
Appendix A to Sec. Sec. 151.51 through 151.77--Summary of Garbage
Discharge Restrictions
151.79 Operating requirements: Discharge of sewage within Antarctica.
Subpart B_Transportation of Municipal and Commercial Waste
151.1000 Purpose.
151.1003 Applicability.
151.1006 Definitions.
151.1009 Transportation of municipal or commercial waste.
151.1012 Applying for a conditional permit.
151.1015 Issuing or denying the issuance of a conditional permit.
151.1018 Withdrawal of a conditional permit.
151.1021 Appeals.
151.1024 Display of number.
Subpart C_Ballast Water Management for Control of Nonindigenous Species
in the Great Lakes and Hudson River
151.1500 Purpose.
151.1502 Applicability.
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151.1504 Definitions.
151.1506 Restriction of operation.
151.1508 Revocation of clearance.
151.1510 Ballast water management.
151.1512 Vessel safety.
151.1514 Ballast water management alternatives under extraordinary
conditions.
151.1516 Compliance monitoring.
151.1518 Penalties for failure to conduct ballast water management.
Subpart D_Ballast Water Management for Control of Nonindigenous Species
in waters of the United States
151.2000 What is the purpose of this subpart?
151.2005 To which vessels does this subpart apply?
151.2007 What are the penalties for violations of the mandatory
provisions of this subpart?
151.2010 Which vessels are exempt from the mandatory requirements?
151.2015 Is a vessel in innocent passage exempt from the mandatory
requirements?
151.2025 What definitions apply to this subpart?
151.2030 Who is responsible for determining when to use the safety
exemption?
151.2035 What are the required ballast water management practices for my
vessel?
151.2036 If my voyage does not take me into waters 200 nautical miles or
greater from any shore, must I divert to conduct a ballast
water exchange?
151.2037 If my vessel cannot conduct ballast water management practices
because of its voyage and/or safety concerns, will I be
prohibited from discharging ballast water?
151.2040 What are the mandatory ballast water management requirements
for vessels equipped with ballast tanks that operate in the
waters of the United States and are bound for ports or places
in the United States?
151.2041 What are the mandatory ballast water reporting requirements for
all vessels equipped with ballast tanks bound for ports or
places of the United States?
151.2043 Equivalent Reporting Methods for vessels other than those
entering the Great Lakes or Hudson River after operating
outside the EEZ or Canadian equivalent.
151.2045 What are the mandatory recordkeeping requirements for vessels
equipped with ballast tanks that are bound for a port or place
in the United States?
151.2050 What methods are used to monitor compliance with this subpart?
151.2055 Where are the alternate exchange zones located? [Reserved]
151.2060 What must each application for approval of an alternative
compliance technology contain? [Reserved]
151.2065 What is the standard of adequate compliance determined by the
ANSTF for this subpart? [Reserved]
Appendix to Subpart D of Part 151--Ballast Water Reporting Form and
Instructions for Ballast Water Reporting Form
Authority: 33 U.S.C. 1321 and 1903; Pub. L. 104-227 (110 Stat.
3034), E.O. 12777, 3 CFR, 1991 Comp. p. 351.
Subpart A_Implementation of MARPOL 73/78 and the Protocol on
Environmental Protection to the Antarctic Treaty as it Pertains to
Pollution from Ships
General
Authority: 33 U.S.C. 1321 and 1903; Pub. L. 104-227 (110 Stat.
3034), E.O. 12777, 3 CFR, 1991 Comp. p. 351; 49 CFR 1.46.
Source: CGD 75-124a, 48 FR 45709, Oct. 6, 1983, unless otherwise
noted.
Sec. 151.01 Purpose.
The purpose of this subpart is to implement the Act to Prevent
Pollution from Ships, 1980, as amended (33 U.S.C. 1901-1911) and Annexes
I, II and V of the International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the Protocol of 1978 relating
thereto (MARPOL 73/78), done at London on February 17, 1978. This
subpart also implements the Antarctic Science, Tourism, and Conservation
Act of 1996, and the Protocol on Environmental Protection to the
Antarctic Treaty done at Madrid on October 4, 1991.
[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990; CGD 97-015, 62 FR 18045, Apr. 14, 1997; USCG-
2000-7641, 66 FR 55570, Nov. 2, 2001]
Sec. 151.03 Applicability.
This subpart applies to each ship that must comply with Annex I, II
or V of MARPOL 73/78 unless otherwise indicated.
[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990; CGD 97-015, 62 FR 18045, Apr. 14, 1997]
[[Page 261]]
Sec. 151.04 Penalties for violation.
(a) A person who violates MARPOL 73/78, the Act, or the regulations
of this subpart is liable for a civil penalty for each violation, as
provided by 33 U.S.C. 1908(b)(1). Each day of a continuing violation
constitutes a separate violation.
(b) A person who makes a false, fictitious statement or fraudulent
representation in any matter in which a statement or representation is
required to be made to the Coast Guard under MARPOL 73/78, the Act, or
the regulations of this subpart, is liable for a civil penalty for each
statement or representation, as provided by 33 U.S.C. 1908(b)(2).
(c) A person who knowingly violates MARPOL 73/78, the Act, or the
regulations of this subpart commits a class D felony, as described in 18
U.S.C. 3551 et seq. In the discretion of the Court, an amount equal to
not more than one-half of the fine may be paid to the person giving
information leading to conviction.
(d) A ship operated in violation of MARPOL 73/78, the Act, or the
regulations of this subpart is liable in rem for any civil penalty
covered by paragraph (a) or (b) of this section, or any fine covered by
paragraph (c) of this section, and may be proceeded against in the
United States District Court of any district in which the ship may be
found.
[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990; CGD 92-007, 57 FR 33261, July 27, 1992; CGD 96-
052, 62 FR 16703, Apr. 8, 1997; USCG-1999-5832, 64 FR 34714, June 29,
1999]
Sec. 151.05 Definitions.
As used in this subpart--
Act means the Act to Prevent Pollution from Ships, as amended (33
U.S.C. 1901-1911).
Antarctica means the area south of 60 degrees south latitude.
Cargo associated wastes means all materials which have become wastes
as a result of use on board a ship for cargo stowage and handling. Cargo
associated wastes include, but are not limited to dunnage, shoring,
pallets, lining and packing materials, plywood, paper, cardboard, wire,
and steel strapping.
Clean ballast means the ballast in a tank which, since oil was last
carried therein, has been so cleaned that effluent therefrom, if it were
discharged from a ship that is stationary into clean calm water on a
clear day would not produce visible traces of oil on the surface of the
water or adjoining shorelines or cause a sludge or emulsion to be
deposited beneath the surface of the water or upon adjoining shorelines.
If the ballast is discharged through an oil discharge monitoring and
control system approved by the government of the country under whose
authority the ship is operating, evidence based on such a system, to the
effect that the oil content of the effluent does not exceed 15 parts per
million (ppm) is determinative that the ballast is clean.
Commandant means Commandant, U.S. Coast Guard.
Discharge means any release, however caused, from a ship and
includes any escape, disposal, spilling, leaking, pumping, emitting or
emptying. It does not include--
(1) Dumping within the meaning of the Convention on the Prevention
of Marine Pollution by Dumping of Wastes and Other Matter, done at
London on 13 November 1972; or
(2) Release of oil or oily mixtures directly arising from the
exploration, exploitation and associated off-shore processing of sea-bed
mineral resources.
Discharge, as defined by MARPOL 73/78 in relation to harmful
substances or effluent containing such substances, means any release
however caused from a ship, and includes any escape, disposal, spilling,
leaking, pumping, emitting or emptying. It does not include--
(1) Dumping within the meaning of the Convention on the Prevention
of Marine Pollution by Dumping of Wastes and Other Matter, done at
London on November 13, 1972; or
(2) The release of harmful substances directly arising from the
exploration, exploitation, and associated offshore processing of seabed
mineral resources; or
(3) The release of harmful substances for purposes of legitimate
scientific research relating to pollution abatement or control.
Dishwater means the liquid residue from the manual or automatic
washing
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of dishes and cooking utensils which have been pre-cleaned to the extent
that any food particles adhering to them would not normally interfere
with the operation of automatic dishwashers.
Domestic wastes means all types of wastes generated in the living
spaces on board a ship, except victual wastes.
Existing ship means a ship that is not a new ship.
Fuel oil means any oil used to fuel the propulsion and auxiliary
machinery of the ship carrying the fuel. The term ``fuel oil'' is also
known as ``oil fuel.''
Garbage means all kinds of victual, domestic, and operational waste,
excluding fresh fish and parts thereof, generated during the normal
operation of the ship and liable to be disposed of continuously or
periodically, except dishwater, graywater, and those substances that are
defined or listed in other Annexes to MARPOL 73/78.
Graywater means drainage from dishwasher, shower, laundry, bath, and
washbasin drains and does not include drainage from toilets, urinals,
hospitals, and cargo spaces.
Great Lakes means the Great Lakes of North America and the St.
Lawrence River west of a rhumb line drawn from Cap des Rosiers to West
Point, Anticosti Island, and, on the north side of Anticosti Island, the
meridian of longitude 63 degrees west.
Harmful substance means any substance which, if introduced into the
sea, is liable to create hazards to human health, harm living resources
and marine life, damage amenities, or interfere with other legitimate
uses of the sea, and includes any substance subject to control by MARPOL
73/78.
High viscosity Category B NLS means any Category B NLS having a
viscosity of at least 25 mPa.s at 20 [deg]C and at least 25 mPa.s at the
time it is unloaded.
High viscosity Category C NLS means any Category C NLS having a
viscosity of at least 60 mPa.s at 20 [deg]C and at least 60 mPa.s at the
time it is unloaded.
High viscosity NLS includes Category A NLSs having a viscosity of at
least 25 mPa.s at 20 [deg]C and at least 25 mPa.s at the time they are
unloaded, high viscosity Category B NLSs, and high viscosity Category C
NLSs.
Instantaneous rate of discharge of oil content means the rate of
discharge of oil in liters per hour at any instant divided by the speed
of the ship in knots at the same instant.
Length means the horizontal distance between the foremost part of a
ship's stem to the aftermost part of its stern, excluding fittings and
attachments.
Maintenance waste means materials collected while maintaining and
operating the ship, including, but not limited to, soot, machinery
deposits, scraped paint, deck sweepings, wiping wastes, and rags.
Major conversion means a conversion of an existing ship--
(1) That substantially alters the dimensions or carrying capacity of
the ship; or
(2) That changes the type of the ship; or
(3) The intent of which, in the opinion of the government of the
country under whose authority the ship is operating, is substantially to
prolong its life; or
(4) Which otherwise so alters the ship that, if it were a new ship,
it would become subject to relevant provisions of MARPOL 73/78 not
applicable to it as an existing ship.
MARPOL 73/78 means the International Convention for the Prevention
of Pollution from Ships, 1973, as modified by the Protocol of 1978
relating to that Convention. A copy of MARPOL 73/78 is available from
the International Maritime Organization, 4 Albert Embankment, London,
SE1, SR7, England.
Medical waste means isolation wastes, infectious agents, human blood
and blood products, pathological wastes, sharps, body parts,
contaminated bedding, surgical wastes and potentially contaminated
laboratory wastes, dialysis wastes, and such additional medical items as
prescribed by the Administrator of the EPA by regulation.
Nearest land. The term ``from the nearest land'' means from the
baseline from which the territorial sea of the territory in question is
established in accordance with international law, except that, for the
purposes of these regulations, ``from the nearest land'' off
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the north eastern coast of Australia shall mean from a line drawn from a
point on the coast of Australia in--
latitude 11[deg]00[min] South, longitude 142[deg]08[min] East to a point
in--latitude 10[deg]35[min] South, longitude 141[deg]55[min] East,
thence to a point--latitude 10[deg]00[min] South, longitude
142[deg]00[min] East, thence to a point--latitude 9[deg]10[min] South,
longitude 143[deg]52[min] East, thence to a point--latitude
9[deg]00[min] South, longitude 144[deg]30[min] East, thence to a point--
latitude 13[deg]00[min] South, longitude 144[deg]00[min] East, thence to
a point--latitude 15[deg]00[min] South, longitude 146[deg]00[min] East,
thence to a point--latitude 18[deg]00[min] South, longitude
147[deg]00[min] East, thence to a point--latitude 21[deg]00[min] South,
longitude 153[deg]00[min] East, thence to a point on the coast of
Australia in latitude 24[deg]42[min] South, longitude 153[deg]15[min]
East.
New ship means a ship--
(1) For which the building contract is placed after December 31,
1975; or
(2) In the absence of a building contract, the keel of which is laid
or which is at a similar stage of construction after June 30, 1976; or
(3) The delivery of which is after December 31, 1979; or
(4) That has undergone a major conversion--
(i) For which the contract is placed after December 31, 1975;
(ii) In the absence of a contract, the construction work of which is
begun after June 30, 1976; or
(iii) That is completed after December 31, 1979.
(5) For the purposes of Sec. Sec. 151.26 through 151.28, which is
delivered on or after April 4, 1993.
NLS means Noxious Liquid Substance.
NLS Certificate means an International Pollution Prevention
Certificate for the Carriage of Noxious Liquid Substances in Bulk issued
under MARPOL 73/78.
Noxious liquid substance (NLS) means--
(1) Each substance listed in Sec. 151.47 or Sec. 151.49;
(2) Each substance having an ``A'', ``B'', ``C'', or ``D'' beside
it's name in the column headed ``Pollution Category'' in Table 1 of 46
CFR Part 153; and
(3) Each substance that is identified as an NLS in a written
permission issued under 46 CFR 153.900 (d).
Oceangoing ship means a ship that--
(1) Is operated under the authority of the United States and engages
in international voyages;
(2) Is operated under the authority of the United States and is
certificated for ocean service;
(3) Is operated under the authority of the United States and is
certificated for coastwise service beyond three miles from land;
(4) Is operated under the authority of the United States and
operates at any time seaward of the outermost boundary of the
territorial sea of the United States as defined in Sec. 2.05 of this
chapter; or
(5) Is operated under the authority of a country other than the
United States.
Note: A Canadian or U.S. ship being operated exclusively on the
Great Lakes of North America or their connecting and tributary waters,
or exclusively on the internal waters of the United States and Canada;
is not an ``oceangoing'' ship.
Oil means petroleum whether in solid, semi-solid, emulsified, or
liquid form, including but not limited to, crude oil, fuel oil, sludge,
oil refuse, oil residue, and refined products, and, without limiting the
generality of the foregoing, includes the substances listed in Appendix
I of Annex I of MARPOL 73/78. ``Oil'' does not include animal and
vegetable based oil or noxious liquid substances (NLS) designated under
Annex II of MARPOL 73/78.
Oil cargo residue means any residue of oil cargo whether in solid,
semi-solid, emulsified, or liquid form from cargo tanks and cargo pump
room bilges, including but not limited to, drainages, leakages,
exhausted oil, muck, clingage, sludge, bottoms, paraffin (wax), and any
constituent component of oil. The term ``oil cargo residue'' is also
known as ``cargo oil residue.''
Oil residue means--
(1) Oil cargo residue; and
(2) Other residue of oil whether in solid, semi-solid, emulsified,
or liquid form, resulting from drainages, leakages, exhausted oil, and
other similar occurrences from machinery spaces.
Oily mixture means a mixture, in any form, with any oil content.
``Oily mixture'' includes, but is not limited to--
(1) Slops from bilges;
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(2) Slops from oil cargoes (such as cargo tank washings, oily waste,
and oily refuse);
(3) Oil residue; and
(4) Oily ballast water from cargo or fuel oil tanks.
Oily rags means rags soaked with oil.
Oil-like NLS means each cargo listed in Sec. 151.49.
Oil tanker means a ship constructed or adapted primarily to carry
oil in bulk in its cargo spaces and includes combination carriers and
any ``chemical tanker'' as defined in Annex II of MARPOL 73/78 when it
is carrying a cargo or part cargo of oil in bulk.
Oily mixture means a mixture with any oil content, including bilge
slops, oily wastes, oil residues (sludge), oily ballast water, and
washings from cargo oil tanks.
Operational waste means all cargo-associated waste, maintenance
waste, and cargo residues other than oil residues and NLS cargo
residues. ``Operational wastes'' includes ashes and clinkers (i.e., a
mass of incombustible matter fused together by heat) from shipboard
incinerators and coal-burning boilers but does not include plastic
clinkers, which are treated as an Annex V waste, or oily rags, which are
treated as an Annex I waste.
Person means an individual, firm, public or private corporation,
partnership, association, State, municipality, commission, political
subdivision of a State, or any interstate body.
Plastic means any garbage that is solid material, that contains as
an essential ingredient one or more synthetic organic high polymers, and
that is formed or shaped either during the manufacture of the polymer or
polymers or during fabrication into a finished product by heat or
pressure or both. ``Degradable'' plastics, which are composed of
combinations of degradable starches and are either (a) synthetically
produced or (b) naturally produced but harvested and adapted for use,
are plastics under this part. Naturally produced plastics such as
crabshells and other types of shells, which appear normally in the
marine environment, are not plastics under this part.
Note: Plastics possess material properties ranging from hard and
brittle to soft and elastic. Plastics are used for a variety of marine
applications including, but not limited to: food wrappings, products for
personal hygiene, packaging (vaporproof barriers, bottles, containers,
and liners), ship construction (fiberglass and laminated structures,
siding, piping insulation, flooring, carpets, fabrics, adhesives, and
electrical and electronic components), disposable eating-utensils and
cups (including styrene products), bags, sheeting, floats, synthetic
fishing nets, monofilament fishing line, strapping bands, hardhats, and
synthetic ropes and lines.
Port means--
(1) A group of terminals that combines to act as a unit and be
considered a port for the purposes of this subpart;
(2) A port authority or other organization that chooses to be
considered a port for the purposes of this subpart; or
(3) A place or facility that has been specifically designated as a
port by the COTP.
Prewash means a tank washing operation that meets the procedure in
46 CFR 153.1120.
Recognized Classification Society means a classification society
that is a participating member of the International Association of
Classification Societies (IACS).
Residues and mixtures containing NLSs (NLS residue) means--
(1) Any Category A, B, C, or D NLS cargo retained on the ship
because it fails to meet consignee specifications;
(2) Any part of a Category A, B, C, or D NLS cargo remaining on the
ship after the NLS is discharged to the consignee, including but not
limited to puddles on the tank bottom and in sumps, clingage in the
tanks, and substance remaining in the pipes; or
(3) Any material contaminated with Category A, B, C, or D NLS cargo,
including but not limited to bilge slops, ballast, hose drip pan
contents, and tank wash water.
Segregated ballast means the ballast water introduced into a tank
that is completely separated from the cargo oil and fuel oil system and
that is permanently allocated to the carriage of ballast or to the
carriage of ballast or cargoes other than oil or noxious substances as
variously defined in the Annexes of MARPOL 73/78.
Ship means a vessel of any type whatsoever, operating in the marine
environment. This includes hydrofoils, air-
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cushion vehicles, submersibles, floating craft whether self-propelled or
not, and fixed or floating drilling rigs and other platforms.
Shipboard oil pollution emergency plan means a plan prepared,
submitted, and maintained according to the provisions of Sec. Sec.
151.26 through 151.28 of this subpart for United States ships or
maintained according to the provisions of Sec. 151.29(a) of this
subpart for foreign ships operated under the authority of a country that
is party to MARPOL 73/78 or carried on board foreign ships operated
under the authority of a country that is not a party to MARPOL 73/78,
while in the navigable waters of the United States, as evidence of
compliance with Sec. 151.21 of this subpart.
Solidifying NLS means a Category A, B, or C NLS that has a melting
point--
(1) Greater than 0 [deg]C but less than 15 [deg]C and a temperature,
measured under the procedure in 46 CFR 153.908(d), that is less than 5
[deg]C above its melting point at the time it is unloaded; or
(2) 15 [deg]C or greater and a temperature, measured under the
procedure in 46 CFR 153.908(d), that is less than 10 [deg]C above its
melting point at the time it is unloaded.
Special area means a sea area, where for recognized technical
reasons in relation to its oceanographical and ecological condition and
to the particular character of the traffic, the adoption of special
mandatory methods for the prevention of sea pollution by oil, NLSs, or
garbage is required.
Terminal means an onshore facility or an offshore structure located
in the navigable waters of the United States or subject to the
jurisdiction of the United States and used, or intended to be used, as a
port or facility for the transfer or other handling of a harmful
substance.
Note: The Coast Guard interprets commercial fishing facilities,
recreational boating facilities, and mineral and oil industry shorebases
to be terminals for the purposes of Annex V of MARPOL 73/78, since these
facilities normally provide wharfage and other services, including
garbage handling, for ships.
U.S. inspected ships means those ship required to be inspected and
certificated under 46 CFR 2.01-7.
Victual waste means any spoiled or unspoiled food waste.
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8, 1983, as
amended by CGD 85-010, 52 FR 7758, Mar. 12, 1987; CGD 88-002, 54 FR
18403, Apr. 28, 1989; CGD 88-002A, 55 FR 18582, May 2, 1990; CGD 88-002,
55 FR 35988, Sept. 4, 1990; CGD 88-002A, 56 FR 8880, Mar. 1, 1991; CGD
93-030, 59 FR 51338, Oct. 7, 1994; CGD 94-056, 60 FR 43377, Aug. 21,
1995; CGD 97-015, 62 FR 18045, Apr. 14, 1997; USCG 2000-7079, 65 FR
67155, Nov. 8, 2000; USCG-2000-7641, 66 FR 55570, Nov. 2, 2001]
Sec. 151.06 Special areas.
(a) For the purposes of this part, the navigational descriptions of
the special areas are as follows:
(1) The Mediterranean Sea area means the Mediterranean Sea proper
including the gulfs and seas therein, with the boundary between the
Mediterranean and the Black Sea constituted by the 41[deg] N parallel
and bounded to the west by the Straits of Gibraltar at the meridian of
5[deg]36[min] W.
(2) The Baltic Sea means the Baltic Sea proper with the Gulf of
Bothnia, the Gulf of Finland, and the entrance to the Baltic Sea bounded
by the parallel of the Skaw in the Skagerrak at 57[deg]44.8[min] N.
(3) The Black Sea area means the Black Sea proper with the boundary
between the Mediterranean Sea and the Black Sea constituted by the
parallel 41[deg] N.
(4) The Red Sea area means the Red Sea proper including the Gulfs of
Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane
(12[deg]8.5[min] N, 43[deg]19.6[min] E) and Husn Murad (12[deg]40.4[min]
N, 43[deg]30.2[min] E).
(5) The Gulfs areas means the sea area located northwest of the
rhumb line between Ras al Hadd (22[deg]30[min] N, 59[deg]48[min] E) and
Ras al Fasteh (25[deg]04[min] N, 61[deg]25[min] E).
(6) The Gulf of Aden areas means the part of the Gulf of Aden
between the Red Sea and the Arabian Sea bounded to the west by the rhumb
line between Ras si Ane (12[deg]28.5[min] N, 43[deg]19.6[min] E) and
Husn Murad (12[deg]40.4[min] N, 43[deg]30.2[min] E) and to the east by
the rhumb line between Ras Asir (11[deg]50[min] N, 51[deg]16.9[min] E)
and the Ras Fartak (15[deg]35[min] N, 52[deg]13.8[min] E).
(7) The Antarctic areas means the sea south of 60[deg] south
latitude.
[[Page 266]]
(8) The North Sea area means the North Sea proper, including seas
within the North Sea southwards of latitude 62[deg] N and eastwards of
longitude 4[deg] W; the Skagerrak, the southern limit of which is
determined east of the Skaw by latitude 57[deg]44.8[min] N; and the
English Channel and its approaches eastwards of longitude 5[deg] W.
(9) The Wider Caribbean region means the Gulf of Mexico and
Caribbean Sea proper, including the bays and seas therein and that
portion of the Atlantic Ocean within the boundary constituted by the
30[deg] N parallel from Florida eastward to 77[deg]30[min] W meridian,
thence a rhumb line to the intersection of 20[deg] N parallel and
59[deg] W meridian, thence a rhumb line to the intersection of
7[deg]20[min] N parallel and 50[deg] W meridian, thence a rhumb line
drawn southwesterly to the eastern boundary of French Guiana.
(b) Special areas for the purpose of Annex I of MARPOL 73/78 include
those referenced in Sec. 151.13. Special areas for the purposes of
Annex II of MARPOL 73/78 include those referenced in Sec. 151.32.
Special areas for the purpose of Annex V of MARPOL 73/78 include those
referenced in Sec. 151.53.
[CGD 94-056, 60 FR 43377, Aug. 21, 1995]
Sec. 151.07 Delegations.
Each Coast Guard official designated as a Captain of the Port (COTP)
or Officer in Charge, Marine Inspection (OCMI) or Commanding Officer,
Marine Safety Office (MSO), is delegated the authority to--
(a) Issue International Oil Pollution Prevention (IOPP)
Certificates;
(b) Detain or deny entry to ships not in substantial compliance with
MARPOL 73/78 or not having an IOPP Certificate or evidence of compliance
with MARPOL 73/78 on board;
(c) Receive and investigate reports under Sec. 151.15; and
(d) Issue subpoenas to require the attendance of any witness and the
production of documents and other evidence, in the course of
investigations of potential violations of the Act to Prevent Pollution
from Ships, as amended (33 U.S.C. 1901-1911), this subpart, or MARPOL
73/78.
[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990]
Sec. 151.08 Denial of entry.
(a) Unless a ship is entering under force majeure, no oceangoing
tanker or any other oceangoing ship of 400 gross tons or more required
by Sec. 151.10 to retain oil, oil residue, or oily mixtures on board
while at sea, and no oceangoing ship carrying a Category A, B, or C NLS
cargo or NLS residue in cargo tanks that are required to be prewashed
under 46 CFR Part 153, may enter any port or terminal under Sec.
158.110(a) of this chapter unless the port or terminal has a Certificate
of Adequacy, as defined in Sec. 158.120 of this chapter.
(b) A COTP may deny the entry of a ship to a port or terminal under
Sec. 158.110(b) if--
(1) The port or terminal does not have a Certificate of Adequacy, as
required in Sec. 158.135 of this chapter; or
(2) The port or terminal is not in compliance with the requirements
of Subpart D of Part 158.
[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by USCG-2000-7641,
66 FR 55570, Nov. 2, 2001]
Oil Pollution
Source: Sections 151.09 through 151.25 appear by CGD 75-124a, 48 FR
45709, Oct. 6, 1983, unless otherwise noted.
Sec. 151.09 Applicability.
(a) Except as provided in paragraph (b) of this section, Sec. Sec.
151.09 through 151.25 apply to each ship that--
(1) Is operated under the authority of the United States and engages
in international voyages;
(2) Is operated under the authority of the United States and is
certificated for ocean service;
(3) Is operated under the authority of the United States and is
certificated for coastwise service beyond three nautical miles from
land;
(4) Is operated under the authority of the United States and
operates at any time seaward of the outermost boundary of the
territorial sea of the United
[[Page 267]]
States as defined in Sec. 2.05-10 of this chapter; or
(5) Is operated under the authority of a country other than the
United States while in the navigable waters of the United States, or
while at a port or terminal under the jurisdiction of the United States.
(b) Sections 151.09 through 151.25 do not apply to--
(1) A warship, naval auxiliary, or other ship owned or operated by a
country when engaged in noncommercial service;
(2) A Canadian or U.S. ship being operated exclusively on the Great
Lakes of North America or their connecting and tributary waters;
(3) A Canadian or U.S. ship being operated exclusively on the
internal waters of the United States and Canada; or
(4) Any other ship specifically excluded by MARPOL 73/78.
(c) Sections 151.26 through 151.28 apply to each United States
oceangoing ship specified in paragraphs (a)(1) through (a)(4) of this
section which is--
(1) An oil tanker of 150 gross tons and above or other ship of 400
gross tons and above; or
(2) A fixed or floating drilling rig or other platform, when not
engaged in the exploration, exploitation, or associated offshore
processing of seabed mineral resources.
(d) Sections 151.26 through 151.28 do not apply to--
(1) The ships specified in paragraph (b) of this section;
(2) Any barge or other ship which is constructed or operated in such
a manner that no oil in any form can be carried aboard.
Note: The term ``internal waters'' is defined in Sec. 2.05-20 of
this chapter.
(e) Section 151.26(b)(5) applies to all vessels subject to the
jurisdiction of the United States and operating in Antarctica.
[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990; CGD 93-030, 59 FR 51338, Oct. 7, 1994; CGD 97-
015, 62 FR 18045, Apr. 14, 1997]
Sec. 151.10 Control of oil discharges.
(a) When more than 12 nautical miles from the nearest land, any
discharge of oil or oily mixtures into the sea from a ship other than an
oil tanker or from machinery space bilges of an oil tanker is prohibited
except when all of the following conditions are satisfied--
(1) The oil or oily mixture does not originate from cargo pump room
bilges;
(2) The oil or oily mixture is not mixed with oil cargo residues;
(3) The ship is not within a special area;
(4) The ship is proceeding enroute;
(5) The oil content of the effluent without dilution is less than 15
parts per million (ppm); and
(6) The ship has in operation oily-water separating equipment, a
bilge monitor, bilge alarm, or combination thereof as required by Part
155 Subpart B of this chapter.
(b) When within 12 nautical miles of the nearest land, any discharge
of oil or oily mixtures into the sea from a ship other than an oil
tanker or from machinery space bilges of an oil tanker is prohibited
except when all of the following conditions are satisfied--
(1) The oil or oily mixture does not originate from cargo pump room
bilges;
(2) The oil or oily mixture is not mixed with oil cargo residues;
(3) The oil content of the effluent without dilution does not exceed
15 ppm;
(4) The ship has in operation oily-water separating equipment, a
bilge monitor, bilge alarm, or combination thereof as required by Part
155 Subpart B of this chapter; and
(5) The oily-water separating equipment is equipped with a 15 ppm
bilge alarm; for U.S. inspected ships, approved under 46 CFR 162.050 and
for U.S. uninspected ships and foreign ships, either approved under 46
CFR 162.050 or listed in the current International Maritime Organization
(IMO) Marine Environment Protection Committee (MEPC) Circular summary of
MARPOL 73/78 approved equipment.
Note: In the navigable waters of the United States, the Federal
Water Pollution Control Act (FWPCA), section 311(b)(3) and 40 CFR Part
110 govern all discharges of oil or oily-mixtures.
(c) The overboard discharge of any oil cargo residues and oily
mixtures that include oil cargo residues from an oil
[[Page 268]]
tanker is prohibited, unless discharged in compliance with part 157 of
this chapter.
(d) When more than 12 nautical miles from the nearest land, any
discharge of oil or oily mixtures into the sea from a ship other than an
oil tanker or from machinery space bilges of an oil tanker; that is not
proceeding enroute; shall be in accordance with paragraphs (b)(1),
(b)(2), (b)(3), (b)(4), and (b)(5) of this section.
(e) The provisions of paragraphs (a), (b), (c) and (d) of this
section do not apply to the discharge of clean or segregated ballast.
(f) The person in charge of an oceangoing ship that cannot discharge
oily mixtures into the sea in compliance with paragraphs (a), (b), (c),
or (d) of this section must ensure that those oily mixtures are--
(1) Retained on board; or
(2) Discharged to a reception facility. If the reception facility is
in a port or terminal in the United States, each person who is in charge
of each oceangoing tanker or any other oceangoing ship of 400 gross tons
or more shall notify the port or terminal, at least 24 hours before
entering the port or terminal, of--
(i) The estimated time of day the ship will discharge oily mixtures;
(ii) The type of oily mixtures to be discharged; and
(iii) The volume of oily mixtures to be discharged.
Note: There are Federal, state, or local laws or regulations that
could require a written description of the oil residues and oily
mixtures to be discharged. For example, a residue or mixture containing
oil might have a flashpoint less than 60 [deg]C (140 [deg]F) and thus
have the characteristic of ignitability under 40 CFR 261.21, which might
require a description of the waste for a manifest under 40 CFR Part 262,
Subpart B. Occupational safety and health concerns may be covered, as
well as environmental ones.
The notice required in this section is in addition to those required
by other Federal, state, and local laws and regulations. Affected
persons should contact the appropriate Federal, state, or local agency
to determine whether other notice and information requirements,
including 40 CFR Parts 262 and 263, apply to them.
(g) No discharge into the sea shall contain chemicals or other
substances introduced for the purpose of circumventing the conditions of
discharge specified in this regulation.
(h) This section does not apply to a fixed or floating drilling rig
or other platform that is operating under a National Pollutant Discharge
Elimination System (NPDES) permit.
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 78-035, 50 FR
36793, Sept. 9, 1985. Redesignated by CGD 88-002, 54 FR 18404, Apr. 28,
1989; USCG-1998-3799, 63 FR 35530, June 30, 1998; USCG-2000-7641, 66 FR
55571, Nov. 2, 2001]
Sec. 151.11 Exceptions for emergencies.
(a) Sections 151.10 and 151.13 do not apply to--
(1) The discharge into the sea of oil or oily mixture necessary for
the purpose of securing the safety of a ship or saving life at sea.
(2) The discharge into the sea of oil or oily mixture resulting from
damage to a ship or its equipment--
(i) Provided that all reasonable precautions have been taken after
the occurrence of the damage or discovery of the discharge for the
purpose of preventing or minimizing the discharge; and
(ii) Except if the owner or the master acted either with intent to
cause damage, or recklessly and with knowledge that damage would
probably result.
(b) [Reserved]
[CGD 75-134a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 88-002, 54 FR
18404, Apr. 28, 1989]
Sec. 151.13 Special areas for Annex I of MARPOL 73/78.
(a) For the purposes of Sec. Sec. 151.09 through 151.25, the
special areas are the Mediterranean Sea area, the Baltic Sea area, the
Black Sea area, the Red Sea area, the Gulfs area, the Gulf of Aden, and
the Antarctic area which are described in Sec. 151.06. The discharge
restrictions are effective in the Mediterranean Sea, Baltic Sea, Black
Sea, and the Antarctic area.
(b) Subject to the provisions of Sec. 151.11--
(1) A ship of 400 gross tons or over and any oil tanker may not
discharge oil or oily mixture within a special area. In the Antarctic
area, discharge into the sea of oil or oily mixture from any ship is
prohibited.
[[Page 269]]
(2) A ship of less than 400 gross tons other than an oil tanker may
not discharge oil or oily mixture within a special area, unless the oil
content of the effluent without dilution does not exceed 15 parts per
million (ppm).
(3) All ships operating in the Antarctic area must have on board a
tank or tanks of sufficient capacity to retain all oily mixtures while
operating in the area and arrangements made to discharge oily mixtures
at a reception facility outside the Antarctic area.
(c) The provisions of paragraph (b) of this section do not apply to
the discharge of clean or segregated ballast.
(d) The provisions of paragraph (b)(1) of this section do not apply
to the discharge of processed bilge water from machinery space bilges,
provided that all of the following conditions are satisfied--
(1) The bilge water does not originate from cargo pump room bilges;
(2) The bilge water is not mixed with oil cargo residues;
(3) The ship is proceeding enroute;
(4) The oil content of the effluent without dilution does not exceed
15 ppm;
(5) The ship has in operation oily-water separating equipment
complying with Part 155 of this chapter; and
(6) The oily-water separating equipment is equipped with a device
that stops the discharge automatically when the oil content of the
effluent exceeds 15 ppm.
(e) No discharge into the sea shall contain chemicals or other
substances introduced for the purpose of circumventing the conditions of
discharge specified in this section.
(f) The oily mixtures that cannot be discharged into the sea in
compliance with paragraphs (b), (c), or (d) of this section shall be
retained on board or discharged to reception facilities.
(g) Nothing in this section prohibits a ship on a voyage, only part
of which is in a special area, from discharging outside the special area
in accordance with Sec. 151.10.
(h) In accordance with paragraph (7)(b)(iii) of Regulation 10 of
Annex I of MARPOL 73/78, the discharge restrictions in Sec. 151.13 for
the Red Sea area, Gulfs area, and the Gulf of Aden area will enter into
effect when each party to MARPOL 73/78 whose coastline borders the
special area has certified that reception facilities are available and
the IMO has established an effective date for each special area. Notice
of the effective dates for the discharge requirements in these special
areas will be published in the Federal Register and reflected in this
section.
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8, 1983, as
amended by CGD 88-002, 54 FR 18404, Apr. 28, 1989; CGD 88-002A, 55 FR
18582, May 2, 1990; CGD 94-056, 60 FR 43377, Aug. 21, 1995; USCG-2000-
7641, 66 FR 55571, Nov. 2, 2001]
Sec. 151.15 Reporting requirements.
(a) The Master or other person having charge of a ship involved in
an incident referred to in paragraph (e) of this section, shall report
the particulars of such incident without delay and to the fullest extent
possible in accordance with the provisions of this section.
(b) In the event of the ship referred to in paragraph (a) of this
section being abandoned, or in the event of a report from such ship
being incomplete or unobtainable, the owner, charterer, manager or
operator of the ship, or their agents shall, to the fullest extent
possible assume the obligations placed upon the Master or other person
having charge of the ship under the provisions of this section.
(c) Each report shall be made by radio whenever possible, but in any
case by the fastest available means at the time the report is made.
(d) Reports shall be directed to the appropriate officer or agency
of the government of the country in whose waters the incident occurs.
Additionally, for incidents involving U.S. ships, the reports shall be
directed to either the nearest Coast Guard Captain of the Port (COTP) or
to the National Response Center (NRC), toll free telephone number 800-
424-8802, telex number 892427.
(e) The report shall be made whenever an incident involves--
(1) A discharge other than as permitted under this part; or
(2) A discharge permitted under this part by virtue of the fact
that--
(i) It is for the purpose of securing the safety of a ship or saving
life at sea; or
[[Page 270]]
(ii) It results from damage to the ship or its equipment; or
(3) The probability of a discharge referred to in paragraphs (e)(1)
or (e)(2) of this section.
(f) Each report shall contain--
(1) The identity of the ship;
(2) The time and date of the occurrence of the incident;
(3) The geographic position of the ship when the incident occurred;
(4) The wind and sea condition prevailing at the time of the
incident;
(5) Relevant details respecting the condition of the ship; and
(6) A statement or estimate of the quantity of oil or oily mixtures
discharged or likely to be discharged into the sea.
(g) Each person who is obligated under the provisions of this
section to send a report shall--
(1) Supplement the initial report, as necessary, with information
concerning further developments; and
(2) Comply as fully as possible with requests from affected
countries for additional information concerning the incident.
(h) A report made under this section will satisfy the reporting
requirement of Sec. 153.203 of this chapter.
Sec. 151.17 Surveys.
(a) Every U.S. oil tanker of 150 gross tons and above, and every
other U.S. ship of 400 gross tons and above; that is required to have an
International Oil Pollution Prevention (IOPP) Certificate on board and
to which this part applies, except as provided for in paragraphs (b) and
(d) of this section; is subject to the following surveys conducted by
the Coast Guard--
(1) An initial survey, conducted before the ship is put in service
or before an IOPP Certificate required under Sec. 151.19 is issued for
the first time; this survey includes a complete examination of its
structure, equipment, systems, fittings, arrangements and material in so
far as the ship is covered by this chapter.
(2) Periodic renewal surveys conducted at intervals corresponding
with the renewal of the IOPP Certificates. The purpose of the survey is
to determine whether the structure, equipment, systems, fittings,
arrangements, and material comply with the requirements of Parts 155 and
157 of this chapter.
(3) Annual surveys for inspected ships conducted as close as
practicable to twelve (12) and thirty-six (36) months from the date of
issuance of the IOPP Certificate, and not more than two months prior to
or later than these twelve and thirty-six month dates; this survey is to
determine that the oily-water separating equipment and associated pumps
and piping systems remain satisfactory for the service intended, and
that no unauthorized alterations have been made, and is to be endorsed
on the IOPP Certificate.
(4) Intermediate surveys for inspected ships conducted as close as
practicable to twenty-four (24) months from the date of issuance of the
IOPP Certificates, and not more than six months prior to or later than
that twenty-four month date; this survey is to determine whether the
equipment and associated pump and piping systems, including oil
discharge monitoring and control systems, and oily-water separating
equipment comply with the requirements of Parts 155 and 157 of this
chapter, and are in good working order, and is to be endorsed on the
IOPP Certificate.
(5) Intermediate surveys for uninspected ships conducted as close as
practicable to thirty (30) months from the date of issuance of the IOPP
Certificate, and not more than six months prior to or later than that
thirty month date; this survey is to determine whether the equipment and
associated pump and piping systems, including oil discharge monitoring
and control systems, and oily-water separating equipment comply with the
requirements of Parts 155 and 157 of this chapter, and are in good
working order, and is to be endorsed on the IOPP Certificate.
(b) Every U.S. inspected oil tanker of 150 gross tons and above, and
every other U.S. inspected ship of 400 gross tons and above; that is not
required to have an IOPP Certificate on board is subject to the
following surveys to be conducted by the Coast Guard--
(1) An initial survey conducted before the ship is put into service.
[[Page 271]]
(2) All other surveys are conducted concurrently with either
inspections for certification or required reinspections.
(c) After any survey of a ship under this section has been
completed, no significant change may be made in the construction,
equipment, fittings, arrangements or material covered by the survey
without the sanction of the COTP or OCMI except for the direct
replacement of such equipment or fittings.
(d) Fixed and floating drilling rigs and other platforms, barges,
and uninspected ships; that are not required to have an IOPP Certificate
on board are not required to be surveyed under this section.
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by USCG-1998-3799,
63 FR 35530, June 30, 1998]
Sec. 151.19 International Oil Pollution Prevention (IOPP) Certificates.
(a) Each U.S. oil tanker of 150 gross tons and above and each other
U.S. ship of 400 gross tons and above; that engages in voyages to ports
or off-shore terminals under the jurisdiction of other parties to MARPOL
73/78 must have on board a valid International Oil Pollution Prevention
(IOPP) Certificate.
(b) Each oil tanker of 150 gross tons and above and each other ship
of 400 gross tons and above, operated under the authority of a country
other than the United States that is party to MARPOL 73/78, must have on
board a valid IOPP Certificate.
(c) An IOPP Certificate is issued by a COTP, OCMI, or a
classification society authorized under 46 CFR part 8, after a
satisfactory survey in accordance with the provisions of Sec. 151.17.
(d) The Supplement to the IOPP Certificate is a part of the IOPP
Certificate and must remain attached to that Certificate. If the
Supplement to the Certificate is changed, a new IOPP Certificate will be
required.
(e) The IOPP Certificate for each inspected or uninspected ship is
valid for a maximum period of 5 years from the date of issue, except as
follows:
(1) A Certificate ceases to be valid if significant alterations have
taken place in the construction, equipment, fittings, or arrangements
required by the pollution prevention requirements of parts 155 or 157 of
this chapter without the approval of the COTP or the OCMI.
(2) A Certificate Ceases to be valid if intermediate surveys as
required by Sec. 151.17 of this part are not carried out.
(3) A Certificate issued to a ship ceases to be valid upon transfer
of the ship to the flag of another country.
(Approved by the Office of Management and Budget under control number
2115-0526)
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 95-010, 62 FR
67531, Dec. 24, 1997; USCG-1998-3799, 63 FR 35530, June 30, 1998; USCG-
2000-7223, 65 FR 40057, June 29, 2000; USCG-2000-7641, 66 FR 55571, Nov.
2, 2001]
Sec. 151.21 Ships of countries not party to MARPOL 73/78.
(a) Each oil tanker of 150 gross tons and above and each other ship
of 400 gross tons and above, operated under the authority of a country
not a party to MARPOL 73/78, must have on board valid documentation
showing that the ship has been surveyed in accordance with and complies
with the requirements of MARPOL 73/78. Evidence of compliance may be
issued by either the government of a country that is party to MARPOL 73/
78 or a recognized classification society.
(b) Evidence of compliance must contain all of the information in,
and have substantially the same format as, the IOPP Certificate.
(Approved by the Office of Management and Budget under control number
2115-0526)
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 93-030, 59 FR
51338, Oct. 7, 1994]
Sec. 151.23 Inspection for compliance and enforcement.
(a) While at a port or terminal under the jurisdiction of the United
States, a ship is subject to inspection by the Coast Guard--
(1) To determine that a valid IOPP Certificate is on board and that
the condition of the ship and its equipment corresponds substantially
with the particulars of the IOPP Certificate;
(2) To determine that evidence of compliance with MARPOL 73/78, as
required by Sec. 151.21 is on board and that
[[Page 272]]
the condition of the ship and its equipment corresponds substantially
with the particulars of this evidence of compliance;
(3) To determine whether a ship has been operating in accordance
with and has not discharged any oil or oily mixtures in violation of the
provisions of MARPOL 73/78 or this subchapter;
(4) To determine whether a ship has discharged oil or oily mixtures
anywhere in violation of MARPOL 73/78, upon request from a party to
MARPOL 73/78 for an investigation when the requesting party has
furnished sufficient evidence to support a reasonable belief that a
discharge has occurred.
(b) A ship that does not comply with the requirements of Parts 151,
155 and 157 of this chapter, or where the condition of the ship or its
equipment does not substantially agree with the particulars of the IOPP
Certificate or other required documentation, may be detained by order of
the COTP or OCMI, at the port or terminal where the violation is
discovered until, in the opinion of the detaining authority, the ship
can proceed to sea without presenting an unreasonable threat of harm to
the marine environment. The detention order may authorize the ship to
proceed to the nearest appropriate available shipyard rather than
remaining at the place where the violation was discovered.
(c) An inspection under this section may include an examination of
the Oil Record Book, the oil content meter continuous records, and a
general examination of the ship. A copy of any entry in the Oil Record
Book may be made and the Master of the ship may be required to certify
that the copy is a true copy of such entry.
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990]
Sec. 151.25 Oil Record Book.
(a) Each oil tanker of 150 gross tons and above, ship of 400 gross
tons and above other than an oil tanker, and manned fixed or floating
drilling rig or other platform shall maintain an Oil Record Book Part I
(Machinery Space Operations). An oil tanker of 150 gross tons and above
or a non oil tanker that carries 200 cubic meters or more of oil in
bulk, shall also maintain an Oil Record Book Part II (Cargo/Ballast
Operations).
(b) An Oil Record Book printed by the U.S. Government is available
to the masters or operators of all U.S. ships subject to this section,
from any Coast Guard Marine Safety Office, Marine Inspection Office, or
Captain of the Port Office.
(c) The ownership of the Oil Record Book of all U.S. ships remains
with the U.S. Government.
(d) Entries shall be made in the Oil Record Book on each occasion,
on a tank to tank basis if appropriate, whenever any of the following
machinery space operations take place on any ship to which this section
applies--
(1) Ballasting or cleaning of fuel oil tanks;
(2) Discharge of ballast containing an oily mixture or cleaning
water from fuel oil tanks;
(3) Disposal of oil residue; and
(4) Discharge overboard or disposal otherwise of bilge water that
has accumulated in machinery spaces.
(e) Entries shall be made in the Oil Record Book on each occasion,
on a tank to tank basis if appropriate, whenever any of the following
cargo/ballast operations take place on any oil tanker to which this
section applies--
(1) Loading of oil cargo;
(2) Internal transfer of oil cargo during voyage;
(3) Unloading of oil cargo;
(4) Ballasting of cargo tanks and dedicated clean ballast tanks;
(5) Cleaning of cargo tanks including crude oil washing;
(6) Discharge of ballast except from segregated ballast tanks;
(7) Discharge of water from slop tanks;
(8) Closing of all applicable valves or similar devices after slop
tank discharge operations;
(9) Closing of valves necessary for isolation of dedicated clean
ballast tanks from cargo and stripping lines after slop tank discharge
operations; and
(10) Disposal of oil residue.
(f) Entries shall be made in the Oil Record Book on each occasion,
on a tank-to-tank basis if appropriate,
[[Page 273]]
whenever any of the following operations take place on a fixed or
floating drilling rig or other platform to which this section applies--
(1) Discharge of ballast or cleaning water from fuel oil tanks; and
(2) Discharge overboard of platform machinery space bilge water.
(g) In the event of an emergency, accidental or other exceptional
discharge of oil or oily mixture, a statement shall be made in the Oil
Record Book of the circumstances of, and the reasons for, the discharge.
(h) Each operation described in paragraphs (d), (e) and (f) of this
section shall be fully recorded without delay in the Oil Record Book so
that all the entries in the book appropriate to that operation are
completed. Each completed operation shall be signed by the person or
persons in charge of the operations concerned and each completed page
shall be signed by the master or other person having charge of the ship.
(i) The Oil Record Book shall be kept in such a place as to be
readily available for inspection at all reasonable times and shall be
kept on board the ship.
(j) The master or other person having charge of a ship required to
keep an Oil Record Book shall be responsible for the maintenance of such
record.
(k) The Oil Record Book for a U.S. ship shall be maintained on board
for not less than three years.
(l) This section does not apply to a barge or a fixed or floating
drilling rig or other platform that is not equipped to discharge
overboard any oil or oily mixture.
(m) This section does not apply to a fixed or floating drilling rig
or other platform that is operating in compliance with a valid National
Pollutant Discharge Elimination System (NPDES) permit.
(Approved by the Office of Management and Budget under control number
2115-0025)
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8, 1983, as
amended by CGD 88-002A, 55 FR 18582, May 2, 1990; USCG-2000-7641, 66 FR
55571, Nov. 2, 2001]
Sec. 151.26 Shipboard oil pollution emergency plans.
(a) Language of the plan. The shipboard oil pollution emergency plan
must be available on board in English and in the working language of the
master and the officers of the ship, if other than English.
(b) Plan format. The plan must contain the following six sections. A
seventh non-mandatory section may be included at the shipowner's
discretion:
(1) Introduction. This section must contain the following:
(i) Introductory text. The introductory text of the plan must
contain the following language (For ships operating in Antarctica, the
introductory text of the plan must contain the following language and
explain that they are in accordance with the Protocol on Environmental
Protection to the Antarctic Treaty):
This plan is written in accordance with the requirements of
Regulation 26 of Annex I of the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the Protocol of
1978 relating thereto (MARPOL 73/78).
The purpose of the plan is to provide guidance to the master and
officers on board the ship with respect to the steps to be taken when a
pollution incident has occurred or is likely to occur.
The plan contains all information and operational instructions
required by the guidelines (Resolution MEPC.54(32)). The appendices
contain names, telephone numbers, telex numbers, etc. of all contacts
referenced in the plan, as well as other reference material.
This plan has been approved by the Coast Guard and, except as
provided below, no alteration or revision may be made to any part of it
without the prior approval of the Coast Guard.
Changes to the seventh section of the plan and the appendices do not
require approval by the Coast Guard. The appendices must be maintained
up-to-date by the owners, operators, and managers.
(ii) General information.
(A) The ship's name, call sign, official number, International
Maritime Organization (IMO) international number, and principal
characteristics.
(B) [Reserved]
(2) Preamble. This section must contain an explanation of the
purpose and use of the plan and indicate how the shipboard plan relates
to other shore-based plans.
(3) Reporting Requirements. This section of the plan must include
information relating to the following:
[[Page 274]]
(i) When to report. A report shall be made whenever an incident
involves--
(A) A discharge of oil or oily mixture resulting from damage to the
ship or its equipment, or for the purpose of securing the safety of a
ship or saving life at sea;
(B) A discharge of oil or oily mixture during the operation of the
ship in excess of the quantities or instantaneous rate permitted in
Sec. 151.10 of this subpart or in Sec. 157.37 of this subchapter; or
(C) A probable discharge. Factors to be considered in determining
whether a discharge is probable include, but are not limited to: ship
location and proximity to land or other navigational hazards, weather,
tide, current, sea state, and traffic density. The master must make a
report in cases of collision, grounding, fire, explosion, structural
failure, flooding or cargo shifting, or an incident resulting in failure
or breakdown of steering gear, propulsion, electrical generating system,
or essential shipborne navigational aids.
(ii) Information required. This section of the plan must include a
notification form, such as that depicted in Table151.26(b)(3)(ii)(A),
that contains information to be provided in the initial and follow-up
notifications. The initial notification should include as much of the
information on the form as possible, and supplemental information, as
appropriate. However, the initial notification must not be delayed
pending collection of all information. Copies of the form must be placed
at the location(s) on the ship from which notification may be made.
[[Page 275]]
[GRAPHIC] [TIFF OMITTED] TR07OC94.020
[[Page 276]]
[GRAPHIC] [TIFF OMITTED] TR07OC94.021
(iii) Whom to contact. (A) This section of the plan must make
reference to the appendices listing coastal state contacts, port
contacts, and ship interest contacts.
(B) For actual or probable discharges of oil, or oily mixtures the
reports must comply with the procedures described in MARPOL Protocol I.
The reports shall be directed to either the nearest Captain of the Port
(COTP) or to the National Response Center (NRC), toll free number 800-
424-8802.
(C) For Antarctica, in addition to compliance with paragraph
(b)(3)(iii)(B) of this section, reports shall also be directed to any
Antarctic station that may be affected.
(4) Steps to control a discharge. This section of the plan must
contain a discussion of procedures to address the following scenarios:
(i) Operational spills: The plan must outline procedures for removal
of oil spilled and contained on deck. The plan must also provide
guidance to ensure proper disposal of recovered oil and cleanup
materials;
(A) Pipe leakage: The plan must provide specific guidance for
dealing with pipe leakage;
(B) Tank overflow: The plan must include procedures for dealing with
tank overflows. It must provide alternatives such as transferring cargo
or bunkers to empty or slack tanks, or readying pumps to transfer the
excess ashore;
(C) Hull leakage: The plan must outline procedures for responding to
spills due to suspected hull leakage, including guidance on measures to
be taken to reduce the head of oil in the tank involved either by
internal transfer or discharge ashore. Procedures to handle situations
where it is not possible to identify the specific tank from which
[[Page 277]]
leakage is occurring must also be provided. Procedures for dealing with
suspected hull fractures must be included. These procedures must take
into account the effect of corrective actions on hull stress and
stability.
(ii) Spills resulting from casualties: Each of the casualties listed
below must be treated in the plan as a separate section comprised of
various checklists or other means which will ensure that the master
considers all appropriate factors when addressing the specific casualty.
These checklists must be tailored to the specific ship. In addition to
the checklists, specific personnel assignments for anticipated tasks
must be identified. Reference to existing fire control plans and muster
lists is sufficient to identify personnel responsibilities in the
following situations:
(A) Grounding;
(B) Fire or explosion;
(C) Collision;
(D) Hull failure; and
(E) Excessive list.
(iii) In addition to the checklist and personnel duty assignments
required by paragraph (b)(4)(ii) of this section, the plan must
include--
(A) Priority actions to ensure the safety of personnel and the ship,
assess the damage to the ship, and take appropriate further action;
(B) Information for making damage stability and longitudinal
strength assessments, or contacting classification societies to acquire
such information. Nothing in this section shall be construed as creating
a requirement for damage stability plans or calculations beyond those
required by law or regulation; and
(C) Lightening procedures to be followed in cases of extensive
structural damage. The plan must contain information on procedures to be
followed for ship-to-ship transfer of cargo. Reference may be made in
the plan to existing company guides. A copy of such company procedures
for ship-to-ship transfer operations must be kept in the plan. The plan
must address the coordination of this activity with the coastal or port
state, as appropriate.
(5) National and Local Coordination. (i) This section of the plan
must contain information to assist the master in initiating action by
the coastal State, local government, or other involved parties. This
information must include guidance to assist the master with organizing a
response to the incident should a response not be organized by the shore
authorities. Detailed information for specific areas may be included as
appendices to the plan.
(ii) For Antarctica, a vessel owner or operator must include a plan
for prompt and effective response action to such emergencies as might
arise in the performance of its vessel's activities.
(iii) To comply with paragraph (b)(5)(ii) of this section, an agency
of the United States government may promulgate a directive providing for
prompt and effective response by the agency's public vessels operating
in Antarctica.
(6) Appendices. Appendices must include the following information:
(i) Twenty-four hour contact information and alternates to the
designated contacts. These details must be routinely updated to account
for personnel changes and changes in telephone, telex, and telefacsimile
numbers. Clear guidance must also be provided regarding the preferred
means of communication.
(ii) The following lists, each identified as a separate appendix:
(A) A list of agencies or officials of coastal state administrations
responsible for receiving and processing incident reports;
(B) A list of agencies or officials in regularly visited ports. When
this is not feasible, the master must obtain details concerning local
reporting procedures upon arrival in port; and
(C) A list of all parties with a financial interest in the ship such
as ship and cargo owners, insurers, and salvage interests.
(D) A list which specifies who will be responsible for informing the
parties listed and the priority in which they must be notified.
(iii) A record of annual reviews and changes.
(7) Non-mandatory provisions. If this section is included by the
shipowner, it should include the following types of information or any
other information that may be appropriate:
(i) Diagrams;
[[Page 278]]
(ii) Response equipment or oil spill removal organizations;
(iii) Public affairs practices;
(iv) Recordkeeping;
(v) Plan exercising; and
(vi) Individuals qualified to respond.
(8) Index of sections. The plan must be organized as depicted in
Table 151.26(b)(8).
Table 151.26(b)(8)--Index of Sections--Sample Format
Mandatory
Section 1: Introduction
Section 2: Preamble
Section 3: Reporting requirements
Section 4: Steps to control a discharge
Section 5: National and local coordination
Section 6: Appendices
Voluntary
Section 7: Non-mandatory provisions
[CGD 93-030, 59 FR 51338, Oct. 7, 1994, as amended by CGD 97-015, 62 FR
18045, Apr. 14, 1997; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001]
Sec. 151.27 Plan submission and approval.
(a) No manned ship subject to this part may operate unless it
carries on board a shipboard oil pollution emergency plan approved by
the Coast Guard. An unmanned ship subject to this regulation must carry
the notification list required in Sec. 151.26(b)(3) on board in the
documentation container; remaining sections of the plan must be
maintained on file at the home office. For new ships, plans must be
submitted at least 90 days before the ship intends to begin operations.
(b) An owner or operator of a ship to which this part applies shall
prepare and submit one English language copy of the shipboard oil
pollution emergency plan to Commandant (G-MOR), U.S. Coast Guard, 2100
Second Street SW., Washington, DC 20593-0001.
(c) An owner or operator with multiple ships to which this part
applies may submit one plan for each type of ship with a separate ship-
specific appendix for each vessel covered by the plan.
(d) Combined shipboard oil pollution emergency plans and response
plans meeting the requirements of subparts D and E of part 155 of this
chapter must be prepared according to Sec. 155.1030(j) of this chapter.
(e) If the Coast Guard determines that the plan meets all
requirements of this section, the Coast Guard will notify the owner or
operator of the ship and return a copy of the approved plan along with
an approval letter. The approval period for a plan expires 5 years after
the plan approval date.
(f) If the Coast Guard determines that the plan does not meet all of
the requirements, the Coast Guard will notify the owner or operator of
the plan's deficiencies. The owner or operator must then resubmit two
copies of the revised plan, or corrected portions of the plan, within
time period specified in the written notice provided by the Coast Guard.
[CGD 93-030, 59 FR 51342, Oct. 7, 1994, as amended by CGD 96-026, 61 FR
33665, June 28, 1996; USCG-1998-3799, 63 FR 35530, June 30, 1998]
Sec. 151.28 Plan review and revision.
(a) An owner or operator of a ship to which this subpart applies
must review the shipboard oil pollution emergency plan annually and
submit a letter to Commandant (G-MOR) certifying that the review has
been completed. This review must occur within 1 month of the anniversary
date of Coast Guard approval of the plan.
(b) The owner or operator shall submit any plan amendments to
Commandant (G-MOR) for information or approval.
(c) The entire plan must be resubmitted to Commandant (G-MOR) for
reapproval 6 months before the end of the Coast Guard approval period
identified in Sec. 151.27(e) of this subpart.
(d) A record of annual review and changes to the plan must be
maintained in the last appendix of section six of the plan.
(e) Except as provided in paragraph (f) of this section, revisions
must receive prior approval by the Coast Guard before they can be
incorporated into the plan.
(f) Revisions to the seventh section of the plan and the appendices
do not require approval by the Coast Guard. The
[[Page 279]]
Coast Guard shall be advised and provided a copy of the revisions as
they occur.
[CGD 93-030, 59 FR 51342, Oct. 7, 1994, as amended by CGD 96-026, 61 FR
33665, June 28, 1996]
Sec. 151.29 Foreign ships.
(a) Each oil tanker of 150 gross tons and above and each other ship
of 400 gross tons and above, operated under the authority of a country
other than the United States that is party to MARPOL 73/78, shall, while
in the navigable waters of the United States or while at a port or
terminal under the jurisdiction of the United States, carry on board a
shipboard oil pollution emergency plan approved by its flag state.
(b) Each oil tanker of 150 gross tons and above and each other ship
of 400 gross tons and above, operated under the authority of a country
that is not a party to MARPOL 73/78, must comply with Sec. 151.21 of
this subpart while in the navigable waters of the United States.
[CGD 93-030, 59 FR 51342, Oct. 7, 1994]
Noxious Liquid Substance Pollution
Source: Sections 151.30 through 151.49 appear by CGD 85-010, 52 FR
7759, Mar. 12, 1987, unless otherwise noted.
Sec. 151.30 Applicability.
(a) Except as provided in paragraph (b) of this section, Sec. Sec.
151.30 through 151.49 apply to each ship that--
(1) Is operated under the authority of the United States and engages
in international voyages;
(2) Is operated under the authority of the United States and is
certificated for ocean service;
(3) Is operated under the authority of the United States and is
certificated for coastwise service beyond three nautical miles from
land;
(4) Is operated under the authority of the United States and
operates at any time seaward of the outermost boundary of the
territorial sea of the United States as defined in Sec. 2.05-10 of this
chapter; or
(5) Is operated under the authority of a country other than the
United States while in the navigable waters of the United States, or
while at a port or terminal under the jurisdiction of the United States.
(b) Sections 151.30 through 151.49 do not apply to--
(1) A tank barge whose certificate is endorsed by the Coast Guard
for a limited short protected coastwise route if the barge is
constructed and certificated primarily for service on an inland route;
(2) A warship, naval auxiliary, or other ship owned or operated by a
country when engaged in noncommercial service;
(3) A Canadian or U.S. ship being operated exclusively on the Great
Lakes of North America or their connecting and tributary waters;
(4) A Canadian or U.S. ship being operated exclusively on the
internal waters of the United States and Canada; or
(5) Any other ship specifically excluded by MARPOL 73/78.
Note: The term ``internal waters'' is defined in Sec. 2.05-20 of
this chapter.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990]
Sec. 151.31 Where to find requirements applying to oceangoing ships
carrying Category A, B, C, and D NLS.
(a) The requirements for oceangoing ships carrying NLSs listed in
Sec. Sec. 151.47 and 151.49 are in Sec. Sec. 151.33 through 151.45.
(b) The requirements for oceangoing ships carrying NLSs listed in
Table 151.05 of 46 CFR part 151 and Table 1 of 46 CFR part 153, which
are not listed in Sec. 151.47 or Sec. 151.49, are in 46 CFR parts 98,
151, and 153.
(c) Alternatives to the requirements in this part for oceangoing
ships carrying NLSs are in 46 CFR part 153.
(d) Procedures for obtaining permission to carry an NLS not listed
in Sec. 151.47, Sec. 151.49, Table 151.05 of 46 CFR part 151, or Table
1 of 46 CFR part 153 are in 46 CFR 153.900(c).
Sec. 151.32 Special areas for the purpose of Annex II.
(a) For the purposes of Sec. Sec. 151.30 through 151.49, the
special areas are the Baltic Sea area, the Black Sea area, and the
Antarctic area which are described in Sec. 151.06. Discharges into the
sea of NLSs or mixtures containing
[[Page 280]]
such substances are prohibited in the Antarctic area.
(b) In accordance with paragraph (13)(a) of Regulation 5 of Annex II
of MARPOL 73/78, the discharge restrictions in Sec. 151.32 for the
Baltic Sea area and the Black Sea area will enter into effect when each
Party to MARPOL 73/78 whose coastline borders the special area has
certified that reception facilities are available and the IMO has
established an effective date for each special area. Notice of the
effective date for discharge requirements in these areas will be
published in the Federal Register and reflected in this section.
[CGD 94-056, 60 FR 43378, Aug. 21, 1995]
Sec. 151.33 Certificates needed to carry Category C Oil-like NLS.
(a) A U.S. oceangoing ship may not carry a Category C oil-like NLS
listed in Sec. 151.49 in a cargo tank unless the ship has a Certificate
of Inspection endorsed to allow the NLS to be carried in that cargo
tank, and if the ship engages in a foreign voyage--
(1) An Attachment for NLSs to the IOPP Certificate, issued under
Sec. 151.37(a), that allows the NLS to be carried in that cargo tank;
or
(2) A Certificate of Fitness issued under 46 CFR part 153 that
allows the NLS to be carried in that cargo tank.
(b) A foreign oceangoing ship operating in the navigable waters of
the U.S. may not carry a Category C oil-like NLS listed in Sec. 151.49
in a cargo tank unless the ship has--
(1) An Attachment for NLSs to the IOPP Certificate that allows the
NLS to be carried in that cargo tank; or
(2) A Certificate of Compliance issued under 46 CFR Part 153 to
allow the NLS to be carried in that cargo tank.
(c) A U.S. oceangoing ship authorized to carry certain dangerous
cargoes in bulk under 46 CFR Part 98 may not carry a Category C oil-like
NLS listed in Sec. 151.49 in a cargo tank unless the ship has a
Certificate of Inspection endorsed to allow the NLS to be carried in
that cargo tank, and if the ship engages in a foreign voyage, an NLS
Certificate issued under Sec. 151.37(b) that allows the NLS to be
carried in that cargo tank.
Sec. 151.35 Certificates needed to carry Category D NLS and Category
D Oil-like NLS.
(a) A U.S. oceangoing ship may not carry a Category D NLS listed in
Sec. 151.47 in a cargo tank unless the ship has a Certificate of
Inspection endorsed to allow the NLS to be carried in that cargo tank,
and if the ship engages if a foreign voyage--
(1) An NLS Certificate issued under Sec. 151.37(b) to allow the NLS
to be carried in that cargo tank; or
(2) A Certificate of Fitness issued under 46 CFR part 153 to allow
the NLS to be carried in that cargo tank.
(b) A U.S. oceangoing ship may not carry a Category D oil-like NLS
listed in Sec. 151.49 in a cargo tank unless the ship has a Certificate
of Inspection endorsed to allow the NLS to be carried in that cargo
tank, and if the ship engages if a foreign voyage--
(1) An Attachment for NLSs to the IOPP Certificate, issued under
Sec. 151.37(a), to allow the NLS to be carried in that cargo tank; or
(2) An NLS Certificate issued under Sec. 151.37(b) to allow the NLS
to be carried in that cargo tank, or
(3) A Certificate of Fitness issued under 46 CFR part 153 to allow
the NLS to be carried in that cargo tank.
(c) A foreign oceangoing ship in the navigable waters of the U.S.
may not carry a Category D NLS listed in Sec. 151.47 in a cargo tank
unless the ship has one of the following:
(1) An NLS Certificate endorsed to allow the NLS to be carried in
that cargo tank; or
(2) A Certificate of Compliance issued under 46 CFR part 153 to
allow the NLS to be carried in that cargo tank.
(d) A foreign oceangoing ship in the navigable waters of the U.S.
may not carry a Category D oil-like NLS listed in Sec. 151.49 in a
cargo tank unless the ship has one of the following:
(1) An Attachment for NLSs to the IOPP Certificate to allow the NLS
to be carried in that cargo tank; or
(2) An NLS Certificate endorsed to allow the NLS to be carried in
the cargo tank; or
(3) A Certificate of Compliance issued under 46 CFR part 153 to
allow the NLS to be carried in the cargo tank.
[[Page 281]]
(e) A U.S. oceangoing ship authorized to carry certain dangerous
cargoes in bulk under 46 CFR part 98 may not carry a Category D NLS
listed in Sec. 151.47 or a Category D oil-like NLS listed in Sec.
151.49 in a cargo tank unless the ship has a Certificate of Inspection
endorsed to allow the NLS to be carried in that cargo tank, and if the
ship engages in a foreign voyage, an NLS Certificate issued under Sec.
151.37(b) that allows the NLS to be carried in that cargo tank.
Sec. 151.37 Obtaining an Attachment for NLSs to the IOPP Certificate
and obtaining an NLS Certificate.
(a) The Coast Guard or a classification society authorized under 46
CFR part 8 issues an Attachment for NLSs to the IOPP Certificate to an
oceangoing ship to allow the carriage of a Category C oil-like NLS or a
Category D oil-like NLS if the following requirements are met:
(1) Except for ships that are not configured and are not equipped to
ballast or wash cargo tanks while proceeding en route, the ship must
have a Coast Guard approved monitor under Sec. 157.12 that is approved
for the cargoes that are desired to be carried.
(2) Except as required by paragraph (a)(3), ships of 150 meters or
less in length carrying a Category C oil-like NLS must meet the damage
stability requirements applying to a Type III hull as provided by
Regulation 14 (c) of Annex II.
(3) A U.S. self propelled ship of 150 meters or less in length on a
coastwise voyage carrying a Category C oil-like NLS must meet the damage
stability requirements applying to a Type III hull as provided by 46 CFR
part 172, subpart F except Sec. Sec. 172.130 and 172.133.
(b) Except as allowed in paragraph (c) of this section, the Coast
Guard or a classification society authorized under 46 CFR part 8 issues
an NLS Certificate endorsed to allow the oceangoing ship engaged in a
foreign voyage to carry a Category D NLS listed in Sec. 151.47 if the
ship has--
(1) An approved Procedures and Arrangements Manual and Cargo Record
Book, both meeting the requirements in 46 CFR 153.490; and
(2) A residue discharge system meeting 46 CFR 153.470, unless the
approved Procedures and Arrangements Manual limits discharge of Category
D NLS residue to the alternative provided by 46 CFR 153.1128(b).
(c) The Coast Guard or a classification society authorized under 46
CFR part 8 issues a NLS Certificate with the statement that the vessel
is prohibited from discharging NLS residues to the sea if the vessel
does not meet 46 CFR 153.470 and 153.490 but meets 46 CFR subpart 98.31.
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 95-010, 62 FR
67532, Dec. 24, 1997]
Sec. 151.39 Operating requirements: Category D NLS.
The master or person in charge of an oceangoing ship that carries a
Category D NLS listed in Sec. 151.47 shall ensure that the ship is
operated as prescribed for the operation of oceangoing ships carrying
Category D NLSs in 46 CFR 153.901, 153.906, 153.909, 153.1100, 153.1104,
153.1106, 153.1124, 153.1126, and 153.1128.
Sec. 151.41 Operating requirements for oceangoing ships with IOPP
Certificates: Category C and D Oil-like NLSs.
The master or person in charge of an oceangoing ship certificated
under Sec. 151.37(a) shall ensure that--
(a) The carriage and discharge of the oil-like NLS meets Sec. Sec.
157.29, 157.31, 157.35, 157.37, 157.41, 157.45, 157.47, and 157.49 of
this chapter; and
(b) The oil-like NLS is not discharged unless--
(1) The monitor required by Sec. 151.37(a)(1) is set to detect the
oil-like NLS; and
(2) A statement that the monitor has been set to detect the oil-like
NLS is entered in the Oil Record Book Part II(Cargo/Ballast Operations),
required by Sec. 151.25.
Sec. 151.43 Control of discharge of NLS residues.
(a) Unless the ship is a fixed or floating drilling rig or other
platform operating under an National Pollution Discharge Elimination
System (NPDES) permit, the master or person in charge
[[Page 282]]
of an oceangoing ship that cannot discharge NLS residue into the sea in
accordance with 46 CFR 153.1126 or 153.1128 shall ensure that the NLS
residue is--
(1) Retained on board; or
(2) Discharged to a reception facility.
(b) If Category A, B, or C NLS cargo or NLS residue is to be
transfered at a port or terminal in the United States, the master or
person in charge of each oceangoing ship carrying NLS cargo or NLS
residue shall notify the port or terminal at least 24 hours before
entering the port or terminal of--
(1) The name of the ship;
(2) The name, category and volume of NLS cargo to be unloaded;
(3) If the cargo is a Category B or C high viscosity NLS cargo or
solidifying NLS cargo listed in Table 1 of 46 CFR Part 153 with a
reference to ``Sec. 153.908(a)'' or ``Sec. 153.908(b)'' in the
``Special Requirements'' column of that table, the time of day the ship
is estimated to be ready to discharge NLS residue to a reception
facility;
(4) If the cargo is any Category B or C NLS cargo not under
paragraph (b)(3) of this section, whether or not the ship meets the
stripping requirements under 46 CFR 153.480, 153.481, or 153.482;
(5) The name and the estimated volume of NLS in the NLS residue to
be discharged;
(6) The total volume of NLS residue to be discharged; and
(7) The name and amount of any cleaning agents to be used during the
prewash required by 46 CFR 153.1120.
(c) The master or person in charge of a U.S. ship in a special area
shall operate the ship in accordance with 46 CFR 153.903.
Note: The master or person in charge of a ship carrying Category A
NLS that is required to prewash tanks under the procedures in 46 CFR
Part 153.1120 is required under 46 CFR 153.1101 to notify the COTP at
least 24 hours before a prewash surveyor is needed.
Sec. 151.45 Reporting spills of NLS: Category A, B, C, and D.
(a) The master or person in charge of an oceangoing ship involved in
any incident described in paragraph (d) of this section, shall report
the particulars of each incident without delay and to the fullest extent
possible in accordance with the requirements of this section.
(b) If a ship involved in an incident is abandoned, or if a report
from that ship is incomplete or unobtainable, the owner, charterer,
manager, or operator of that ship or their agents shall, to the fullest
extent possible, assume the obligations placed upon the master or person
in charge under the requirements of this section.
(c) Each report must be made by radio or the fastest means available
at the time the report is made to--
(1) The appropriate officer or agency of the government of a country
in whose waters the incident occurs; and
(2) For incidents involving U.S. ships, the nearest Coast Guard
Captain of the Port (COTP) or the National Response Center (NRC), toll
free telephone number 800-424-8802, telex number 892427.
(d) The report must be made whenever an incident involves a
discharge or the probability of a discharge--
(1) Other than as allowed by Sec. Sec. 151.30 through 151.49; or
(2) Allowed by Sec. Sec. 151.30 through 151.49 because it--
(i) Secures the safety of the ship or saves lives at sea; or
(ii) It results from damage to the ship or its equipment.
(e) Each report must contain--
(1) The identity of the ship;
(2) The name of the NLS discharged;
(3) The time and date of the occurrence of the incident;
(4) The geographic position of the ship when the incident occurred;
(5) The wind and sea condition prevailing at the time of the
incident;
(6) Relevant details respecting the condition of the ship; and
(7) A statement or estimate of the quantity of the NLS cargo or NLS
residue discharged or likely to be discharged into the sea.
(f) Each person who is obligated under the provisions of this
section to send a report shall--
(1) Supplement the initial report, as necessary, with information
concerning further developments; and
(2) Comply as fully as possible with requests from affected
countries for additional information concerning the incident.
[[Page 283]]
(g) A report made under this section satisfies the reporting
requirement of Sec. 153.203 of this chapter.
[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-002A, 55 FR
18582, May 2, 1990]
Sec. 151.47 Category D NLSs other than oil-like Category D NLSs that
may be carried under this part.
The following is a list of Category D NLSs other than Oil-like
Category D NLSs that the Coast Guard allows to be carried:
Acetophenone
Acrylonitrile-Styrene copolymer dispersion in Polyether polyol
iso- & cyclo-Alkane (C10-C11)
Alkenyl(C11+)amine
Alkyl(C8+)amine, Alkenyl (C12+) acid ester mixture
Alkyl dithiothiadiazole (C6-C24)
Alkyl ester copolymer (C4-C20)
Alkyl(C8-C40) phenol sulfide
Aluminum sulfate solution
Ammonium hydrogen phosphate solution
Ammonium nitrate solution (45% or less)
Ammonium nitrate, Urea solution (2% or less NH3)
Ammonium phosphate, Urea solution
Ammonium polyphosphate solution
Ammonium sulfate solution (20% or less)
Amyl alcohol (iso-, n-, sec-, primary)
Animal and Fish oils, n.o.s. (see also Oil, edible)
Animal and Fish acid oils and distillates, n.o.s.
Aryl polyolefin (C11-C50)
Brake fluid base mixtures
Butylene glycol
iso-Butyl formate
n-Butyl formate
gamma-Butyrolactone
Calcium hydroxide slurry
Calcium long chain alkyl sulfonate (C11-C50)
Calcium long chain alkyl(C11-C40) phenate
Calcium long chain alkyl phenate sulfide (C8-C40)
Caprolactam solutions
Chlorine chloride solution
Citric acid (70% or less)
Coconut oil fatty acid methyl ester
Copper salt of long chain (C17+) alkanoic acid
Cyclohexanol
Decahydronaphthalene
Diacetone alcohol
Dialkyl(C8-C9) diphenylamines
Dialkyl(C7-C13) phthalates
Diethylene glycol
Diethylene glycol butyl ether acetate, see Poly(2-8) alkylene glycol
monoalkyl(C1-C6) ether acetate
Diethylene glycol dibutyl ether
Diethylene glycol ethyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Diethylene glycol ethyl ether acetate, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether acetate
Diethylene glycol methyl ether acetate, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether acetate
Diethylene glycol phenyl ether
Diethylene glycol phthalate
Di-(2-ethylhexyl)adipate
1,4-Dihydro-9,10-dihydroxy anthracene, disodium salt solution
Diisobutyl ketone
Diisodecyl phthalate, see Dialkyl(C7-C13) phthalates
Diisononyl adipate
Diisononyl phthalate, see Dialkyl(C7-C13) phthalates
2,2-Dimethylpropane-1,3-diol
Dinonyl phthalate, see Dialkyl(C7-C13) phthalates
Dipropylene glycol dibenzoate
Dipropylene glycol methyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Ditridecyl phthalate, see Dialkyl(C7-C13) phthalates
Diundecyl phthalate, see Dialkyl(C7-C13) phthalates
Dodecenylsuccinic acid, dipotassium salt solution
Ethoxylated long chain (C16+) alkyloxyalkanamine
Ethoxy triglycol (crude)
2-Ethyl-2-(hydroxymethyl)propane-1,3-diol, C8-C10 ester
Ethyl acetate
Ethyl acetoacetate
Ethyl butanol
Ethylenediaminetetraacetic acid, tetrasodium salt solution
Ethylene glycol
Ethylene glycol acetate
Ethylene glycol dibutyl ether
Ethylene glycol methyl butyl ether
Ethylene glycol phenyl ether
Ethylene glycol phenyl ether, Diethylene glycol phenyl ether mixture
2-Ethylhexanoic acid, see Octanoic acid
Ethyl propionate
Ferric hydroxyethylethylene diamine triacetic acid, trisodium salt
solution
Formamide
Glycerine (83%), Dioxanedimethanol (17%) mixture
Glycerol monooleate
Glyoxal solution (40% or less)
Glyphosate solution (not containing surfactant)
Heptanoic acid
Hexamethylenediamine adipate
Hexamethylenetetramine solutions
Hexanoic acid
Hexanol
N-(Hydroxyethyl)ethylenediamine triacetic acid, trisodium salt solution
Isophorone
[[Page 284]]
Lactic acid
Latex (ammonia (1% or less) inhibited)
Long chain alkaryl sulfonic acid (C16-C60)
Magnesium long chain alkaryl sulfonate (C11-C50)
Magnesium long chain alkyl phenate sulfide (C8-C20)
3-Methoxybutyl acetate
Methyl acetoacetate
Methyl alcohol
Methyl amyl ketone
Methyl butenol
Methyl butyl ketone
Methyl isobutyl ketone
Methyl tert-butyl ether
Methyl butynol
Methyl propyl ketone
N-Methyl-2-pyrrolidone
Myrcene
Naphthalene sulfonic acid-formaldehyde copolymer, sodium salt solution
Nonanoic acid (all isomers)
Nonanoic, Tridecanoic acid mixture
Nonyl methacrylate
Noxious Liquid Substance, (17) n.o.s.
Octadecenoamide solution
Octanoic acid
Oil, edible:
Babassu
Beechnut
Castor
Cocoa butter
Coconut
Cod liver
Corn
Cottonseed
Fish
Groundnut
Hazelnut
Nutmeg butter
Olive
Palm
Palm kernel
Peanut
Poppy
Raisin seed
Rapeseed
Rice bran
Safflower
Salad
Sesame
Soya bean
Sunflower seed
Tucum
Vegetable
Walnut
Oil, misc:
Animal, n.o.s.
Coconut oil, esterified
Coconut oil, fatty acid methyl ester
Lanolin
Linseed
Neatsfoot
Oiticica
Palm oil, fatty acid methyl ester
Palm oil, methyl ester
Perilla
Pilchard
Soya bean (epoxidized)
Sperm
Tung
Whale
Olefin/Alkyl ester copolymer (molecular weight 2000+)
Oleic acid
Palm kernel acid oil, methyl ester
Palm stearin
Pentaethylenehexamine
Pentanoic acid
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether, Including:
Diethylene glycol butyl ether
Diethylene glycol ethyl ether
Diethylene glycol n-hexyl ether
Diethylene glycol methyl ether
Diethylene glycol n-propyl ether
Dipropylene glycol butyl ether
Dipropylene glycol methyl ether
Polypropylene glycol methyl ether
Triethylene glycol butyl ether
Triethylene glycol ethyl ether
Triethylene glycol methyl ether
Tripropylene glycol methyl ether
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether acetate, Including:
Diethylene glycol butyl ether acetate
Diethylene glycol ethyl ether acetate
Diethylene glycol methyl ether acetate
Polyalkylene glycols, Polyalkylene glycol monoalkyl ethers mixtures
Polypropylene glycol methyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Polyalkyl(C10-C20) methacrylate
Polybutenyl succinimide
Polyether (molecular weight 2000+)
Polyethylene glycol monoalkyl ether
Polyolefin amide alkeneamine (C17+)
Polyolefin amide alkeneamine (C28+)
Polyolefin amide alkeneamine borate (C28-C250)
Polyolefin amide alkeneamine polyol
Polyolefin anhydride
Polyolefin ester (C28-C250)
Polyolefin phenolic amine (C28-C250)
Polyolefin phosphorosulfide, barium derivative
Polypropylene glycol
n-Propyl acetate
Propylene glycol monoalkyl ether, Including:
n-Propoxypropanol
Propylene glycol n-butyl ether
Propylene glycol ethyl ether
Propylene glycol methyl ether
Propylene glycol ethyl ether, see Propylene glycol monoalkyl ether
Propylene glycol methyl ether, see Propylene glycol monoalkyl ether
Propylene glycol methyl ether acetate
Propylene glycol phenyl ether
Sodium acetate solution
Sodium benzoate solution
Sodium carbonate solution
[[Page 285]]
Soybean oil (epoxidized)
Sulfohydrocarbon (C3-C88)
Sulfonated polyacrylate solution
Sulfolane
Sulfurized fat (C14-C20)
Sulfurized polyolefinamide alkene(C28-C250)amine
Tallow
Tallow fatty acid
Tetrasodium salt of Ethylenediaminetetraacetic acid solution
Triethylene glycol butyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Triethylene glycol ethyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Triethylene glycol methyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Triethyl phosphate
Trimethylol propane polyethoxylate
Tripropylene glycol methyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
Trisodium salt of N-(Hydroxyethyl)-ethylenediamine triacetic acid
solution
Urea, Ammonium mono- and di-hydrogen phosphate, Potassium chloride
solution
Urea, Ammonium nitrate solution (2% or less NH 3)
Urea, Ammonium phosphate solution
Vegetable oils, n.o.s. (see also Oil, edible)
Vegetable acid oils and distillates, n.o.s.
Waxes:
Candelilla
Carnauba
[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-100a, 54 FR
40000, Sept. 29, 1989; 55 FR 17269, Apr. 24, 1990; CGD 92-100a, 59 FR
16986, Apr. 11, 1994; CGD 94-901, 59 FR 45147, Aug. 31, 1994; CGD 95-
901, 60 FR 34039, June 29, 1995; USCG 2000-7079, 65 FR 67155, Nov. 8,
2000]
Sec. 151.49 Category C and D Oil-like NLSs allowed for carriage.
The following is a list of Category C and D Oil-like NLSs that the
Coast Guard allows to be carried:
(a) The following Category C oil-like NLSs may be carried:
Aviation alkylates
Cycloheptane
Cyclohexane
Cyclopentane
p-Cymene
Ethylcyclohexane
Heptane (all isomers)
Heptene (all isomers)
Hexane (all isomers)
Hexene (all isomers)
Isopropylcyclohexane
iso-Propylcyclohexane
Methyl cyclohexane
2-Methyl-1-pentene, see Hexene (all isomers)
Nonane (all isomers)
Octane (all isomers)
Olefin mixtures (C5-C7)
Pentane (all isomers)
Pentene (all isomers)
1-Phenyl-1-xylylethane
Propylene dimer
Tetrahydronaphthalene
Toluene
Xylenes
(b) [Reserved]
[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-100a, 54 FR
40001, Sept. 29, 1989; 55 FR 17269, Apr. 24, 1990; CGD 92-100a, 59 FR
16987, Apr. 11, 1994; CGD 94-901, 59 FR 45148, Aug. 31, 1994; CGD 95-
901, 60 FR 34039, June 29, 1995; USCG 2000-7079, 65 FR 67157, Nov. 8,
2000]
Garbage Pollution and Sewage
Source: Sections 151.51 through 151.77 and Appendix A appear by CGD
88-002, 54 FR 18405, Apr. 28, 1989, unless otherwise noted.
Sec. 151.51 Applicability.
(a) Except as provided by paragraph (b) of this section, Sec. Sec.
151.51 through 151.77 apply to--
(1) Each ship that is of United States registry or nationality, or
one operated under the authority of the United States, including
recreational vessels defined in 46 U.S.C. 2101(25) and uninspected
vessels defined in 46 U.S.C. 2101(43), wherever located; and
(2) Each ship, other than a ship referred to in paragraph (a)(1) of
this section, while in the navigable waters or the Exclusive Economic
Zone of the United States.
(b) Sections 151.51 through 151.77 do not apply to--
(1) A warship, naval auxiliary, or other ship owned or operated by
the United States when engaged in noncommercial service; or
(2) Any other ship specifically excluded by MARPOL 73/78.
Note: The Exclusive Economic Zone extends from the baseline of the
territorial sea seaward 200 miles as defined in the Presidential
Proclamation 5030 of March 10, 1983 (3 CFR, 1983 Comp. p. 22).
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18582, May 2, 1990]
Sec. 151.53 Special areas for Annex V of MARPOL 73/78.
(a) For the purposes of Sec. Sec. 151.51 through 151.77, the
special areas are the Mediterranean Sea area, the Baltic Sea
[[Page 286]]
area, the Black Sea area, the Red Sea area, the Gulf areas, the North
Sea area, the Antarctic area, and the Wider Caribbean region, including
the Gulf of Mexico and the Caribbean Sea which are described in Sec.
151.06. The discharge restrictions are effective in the Baltic Sea, the
North Sea, and the Antarctic area.
(b) In accordance with paragraph (4)(b) of Regulation 5 of Annex V
of MARPOL 73/78, the discharge restrictions in Sec. 151.71 for special
areas will enter into effect when each party to MARPOL 73/78 whose
coastline borders the special area has certified that reception
facilities are available and the IMO has established an effective date
for each special area. Notice of the effective dates for the discharge
requirements in each special area will be published in the Federal
Register and reflected in this section.
[CGD 94-056, 60 FR 43378, Aug. 21, 1995]
Sec. 151.55 Recordkeeping requirements.
(a) This section applies to the following:
(1) Every manned oceangoing ship (other than a fixed or floating
platform) of 400 gross tons and above that is engaged in commerce and
that is documented under the laws of the United States or numbered by a
State.
(2) Every manned fixed or floating platform subject to the
jurisdiction of the United States.
(3) Every manned ship that is certified to carry 15 passengers or
more engaged in international voyages.
(b) The master or person in charge of each ship under paragraph
(a)(1), (a)(2), or (a)(3) of this section shall ensure that a written
record is maintained on the ship of each of the following garbage
discharge or disposal operations:
(1) Discharge overboard.
(2) Discharge to another ship.
(3) Discharge to a reception facility.
(4) Incineration on the ship.
(c) The record under paragraph (b) of this section must contain the
following information on each discharge or disposal operation:
(1) The type of operation as described under paragraphs (b)(1)
through (b)(4) of this section.
(2) The date and time of the operation.
(3) If the operation was conducted at a port, the name of the port.
(4) If the operation was not conducted at a port, the latitude and
longitude of the location where the operation was conducted and the
estimated distance of that location from shore. If the operation
involved off-loading to another ship, the identity of the receiving ship
by name and official number.
(5) The amount of garbage involved, described by volume in cubic
meters.
(6) For discharges into the sea, a description of the contents of
the garbage, described by the following categories:
(i) Plastic material.
(ii) Floating dunnage, lining, or packing material.
(iii) Ground paper products, rags, glass, metal, bottles, crockery,
or other similar garbage.
(iv) Unground paper products, rags, glass, metal, bottles, crockery,
or other similar garbage.
(v) Victual wastes.
(vi) Incinerated ash.
(vii) Incinerated plastic residue.
(d) The record under paragraph (b) of this section must be prepared
at the time of the operation, certified as correct by the master or
person in charge of the ship, maintained on the ship for two years
following the operation, and made available for inspection by the Coast
Guard.
[CGD 92-71, 59 FR 18703, Apr. 19, 1994, as amended by USCG-2000-7641, 66
FR 55571, Nov. 2, 2001]
Sec. 151.57 Waste management plans.
(a) This section applies to the following:
(1) Each manned oceangoing ship (other than a fixed or floating
platform) of 40 feet or more in length that is documented under the laws
of the United States or numbered by a state and that either is engaged
in commerce or is equipped with a galley and berthing.
(2) Each manned fixed or floating platform that is--
(i) Documented under the laws of the United States; or
(ii) Operating under the authority of the United States, including,
but not limited to, a lease or permit issued by an agency of the United
States.
[[Page 287]]
(b) The master or person in charge of a ship under paragraphs (a)(1)
and (a)(2) of this section shall ensure that the ship is not operated
unless a waste management plan meeting paragraph (c) of this section is
on the ship and that each person handling garbage follows the plan.
(c) Each waste management plan under paragraph (b) of this section
must be in writing and--
(1) Provide for the discharge of garbage by means that meet Annex V
of MARPOL 73/78, the Act, and Sec. Sec. 151.51 through 151.77;
(2) Describe procedures for collecting, processing, storing, and
discharging garbage; and
(3) Designate the person who is in charge of carrying out the plan.
(Approved by the Office of Management and Budget under control number
2115-0120)
[CGD 88-002A, 55 FR 18582, May 2, 1990]
Sec. 151.59 Placards.
(a) This section applies to the following:
(1) Each manned U.S. ship (other than a fixed or floating platform)
that is 26 feet or more in length.
(2) Each manned floating platform in transit that is--
(i) Documented under the laws of the United States; or
(ii) Operating under the authority of the United States, including,
but not limited to, a lease or permit issued by an agency of the United
States.
(b) The master or person in charge of each ship under paragraph
(a)(1) or (a)(2) of this section shall ensure that one or more placards
meeting the requirements of this section are displayed in prominent
locations and in sufficient numbers so that they can be read by the crew
and passengers. These locations must be readily accessible to the
intended reader and may include embarkation points, food service
facilities, garbage handling spaces, and common spaces on deck. If the
Captain of the Port determines that the number or location of the
placards is insufficient to adequately inform crew and passengers, the
Captain of the Port may require additional placards and may specify
their locations.
(c) Each placard must be at least nine inches wide by four inches
high, made of a durable material, and lettered with letters at least \1/
8\ inch high.
(d) Except as under paragraph (e) of this section, the placard must
notify the reader of the following:
(1) The discharge of plastic or garbage mixed with plastic into any
waters is prohibited.
(2) The discharge of all garbage is prohibited in the navigable
waters of the United States and, in all other waters, within three
nautical miles of the nearest land.
(3) The discharge of dunnage, lining, and packing materials that
float is prohibited within 25 nautical miles of the nearest land.
(4) Other unground garbage may be discharged beyond 12 nautical
miles from the nearest land.
(5) Other garbage ground to less than one inch may be discharged
beyond three nautical miles of the nearest land.
(6) A person who violates the above requirements is liable for a
civil penalty for each violation, and the criminal penalties of a class
D felony. Placards installed on vessels before May 7, 1997, need not be
replaced; and existing stocks of placards, containing previous language,
may be used. When language on a placard is inconsistent with the
language in the Code of Federal Regulations (CFR) due to use of a
placard containing previous language penalty amounts contained in the
CFR are controlling.
(7) Regional, State, and local restrictions on garbage discharges
also may apply.
(e) For ships while operating on the Great Lakes or their connecting
or tributary waters, the placard must--
(1) Notify the reader of the information in paragraph (d) of this
section; or
(2) Notify the reader of the following:
(i) The discharge of all garbage into the Great Lakes or their
connecting or tributary waters is prohibited.
(ii) A person who violates the above requirements is liable for a
civil penalty for each violation, and the criminal penalties of a class
D felony. Placards installed on vessels before May 7, 1997, need not be
replaced; and existing stocks of placards, containing previous language,
may be used. When language on a placard is inconsistent with the
[[Page 288]]
language in the Code of Federal Regulations (CFR) due to use of a
placard containing previous language, penalty amounts contained in the
CFR are controlling.
[CGD 88-002A, 56 FR 8880, Mar. 1, 1991, as amended by CGD 96-052, 62 FR
16703, Apr. 8, 1997; 62 FR 31340, June 9, 1997]
Sec. 151.61 Inspection for compliance and enforcement.
While within the navigable waters of the United States or the
Exclusive Economic Zone, a ship is subject to inspection by the Coast
Guard or other authorized federal agency to determine if--
(a) The ship has been operating in accordance with these regulations
and has not discharged plastics or other garbage in violation of the
provisions of the Act or Annex V of MARPOL 73/78;
(b) Grinders or comminuters used for the discharge of garbage
between 3 and 12 nautical miles from nearest land are capable of
reducing the size of garbage so that it will pass through a screen with
openings no greater than 25 millimeters (one inch);
(c) Information for recordkeeping requirements, when required under
Sec. 151.55, is properly and accurately logged;
(d) A waste management plan, when required under Sec. 151.57, is on
board and that the condition of the ship, equipment and operational
procedures of the ship meet the plan; and
(e) Placards, when required by Sec. 151.59, are posted on board.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18583, May 2, 1990]
Sec. 151.63 Shipboard control of garbage.
(a) The master, operator, or person who is in charge of a ship shall
ensure that all garbage is discharged ashore or in accordance with
Sec. Sec. 151.66-151.73.
(b) The following factors, among others, may be considered by
enforcement personnel in evaluating compliance with Sec. Sec. 151.51
through 151.77:
(1) Records, including receipts, of garbage discharges at port
reception facilities.
(2) Records under Sec. 151.55 or log entries of garbage discharges.
(3) The presence and operability of equipment to treat ship-
generated garbage, including, but not limited to, incinerators,
grinders, or comminuters.
(4) The presence of and adherence to a written shipboard waste
management plan.
(5) The absence of plastics in ship stores.
(6) Ongoing educational programs to train shipboard personnel of
garbage handling procedures and the need for these.
(7) The presence of shipboard spaces used for collecting,
processing, storing and discharging ship-generated garbage.
(c) The master, operator, or person who is in charge of a ship shall
ensure that if garbage is transported from a ship by shipboard
personnel, it is properly deposited into a port or terminal's reception
facility.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18583, May 2, 1990; CGD 92-71, 59 FR 18703, Apr. 19, 1994]
Sec. 151.65 Reporting requirements.
The master or person who is in charge of each oceangoing ship shall
notify the port or terminal, at least 24 hours before entering the port
or terminal, of the name of the ship and the estimated volume of garbage
requiring disposal, if any of the following types of garbage are to be
discharged:
(a) Garbage regulated by the Animal and Plant Health Inspection
Service (APHIS) of the U.S. Department of Agriculture under 7 CFR
330.400 or 9 CFR 94.5.
(b) Medical wastes.
(c) Hazardous wastes defined in 40 CFR 261.3.
Sec. 151.66 Operating requirements: Discharge of garbage in the
navigable waters prohibited.
No person on board any ship may discharge garbage into the navigable
waters of the United States.
Note: The navigable waters are defined in Sec. 2.05-25 of this
chapter.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18583, May 2, 1990]
[[Page 289]]
Sec. 151.67 Operating requirements: Discharge of plastic prohibited.
No person on board any ship may discharge into the sea, or into the
navigable waters of the United States, plastic or garbage mixed with
plastic, including, but not limited to, synthetic ropes, synthetic
fishing nets, and plastic garbage bags. All garbage containing plastics
requiring disposal must be discharged ashore or incinerated.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18583, May 2, 1990]
Sec. 151.69 Operating requirements: Discharge of garbage outside
special areas.
(a) When operating outside of a special area specified in Sec.
151.53, no person may discharge, into the sea, garbage that is separated
from plastic, if the distance from nearest land is less than--
(1) 25 nautical miles for dunnage, lining and packing materials that
float; or
(2) 12 nautical miles for victual wastes and all other garbage
including paper products, rags, glass, metal, bottles, crockery and
similar refuse, except that, such garbage may be discharged outside of
three nautical miles from nearest land after it has been passed through
a grinder or comminuter specified in Sec. 151.75.
(b) Mixtures of garbage having different discharge requirements
under paragraph (a)(1) or (a)(2) of this section must be--
(1) Retained on board for later disposal ashore; or
(2) Discharged in accordance with the more stringent requirement
prescribed by paragraph (a)(1) or (a)(2) of this section.
Sec. 151.71 Operating requirements: Discharge of garbage within
special areas.
(a) When a ship is located in a special area referenced in Sec.
151.53 of this part, no person may discharge garbage from the ship,
except as allowed in paragraph (b) or (c) in this section.
(b) Except as provided in paragraph (c) of this section, disposal
into the sea of victual waste must be made as far as practicable from
land but, in any case, not less than 12 nautical miles from the nearest
land.
(c) Disposal into the Wider Caribbean region of victual wastes which
have been passed through a comminuter or grinder shall be made as far as
practicable from land but, in any case, not less than 3 nautical miles
from the nearest land. Such comminuted or ground food wastes shall be
capable of passing through a screen with opening no greater than 25
millimeters.
[CGD 94-056, 60 FR 43378, Aug. 21, 1995]
Sec. 151.73 Operating requirements: Discharge of garbage from fixed
or floating platforms.
(a) Except as allowed in paragraph (b) of this section, no person
may discharge garbage from--
(1) A fixed or floating platform engaged in the exploration,
exploitation or associated offshore processing of seabed mineral
resources; or
(2) Any ship within 500 meters (1650 feet) of such platforms.
(b) Victual waste may be discharged into the sea from a ship or
fixed or floating platform regulated by paragraph (a) of this section
if--
(1) It passes through a comminuter or grinder meeting Sec. 151.75;
and
(2) That ship or fixed or floating platform is beyond 12 nautical
miles from nearest land.
Sec. 151.75 Grinders or comminuters.
Each grinder or comminuter used to discharge garbage in accordance
with Sec. 151.69(a)(2) or Sec. 151.73(b)(1), must be capable of
processing garbage so that it passes through a screen with openings no
greater than 25 millimeters (one inch).
Sec. 151.77 Exceptions for emergencies.
Sections 151.67, 151.69 and 151.71 do not apply to the following:
(a) Discharges of garbage from a ship for the purpose of securing
the safety of the ship and those on board or saving life at sea.
(b) The escape of garbage resulting from damage to a ship or its
equipment, if all reasonable precautions have been taken before and
after the occurrence of the damage, to prevent or minimize the escape.
[[Page 290]]
(c) The accidental loss of synthetic fishing nets, provided all
reasonable precautions have been taken to prevent such loss.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
FR 18583, May 2, 1990; CGD 90-054, 56 FR 19578, Apr. 29, 1991]
Appendix A to Sec. Sec. 151.51 through 151.77--Summary of Garbage
Discharge Restrictions
------------------------------------------------------------------------
All Vessels Except Fixed or
Floating Platforms and Associated Fixed or
Vessels Floating
Garbage Type ------------------------------------- Platforms &
Outside special In special areas Assoc. Vessels
areas (33 CFR \2\ (33 CFR \3\ (33 CFR
151.69) 151.71) 151.73)
------------------------------------------------------------------------
Plastics--include Disposal Disposal Disposal
s synthetic prohibited prohibited prohibited
ropes and (33 CFR 151.67). (33 CFR 151.67). (33 CFR 151.67).
fishing nets and
plastic bags.
Dunnage, lining Disposal Disposal Disposal
and packing prohibited less prohibited prohibited.
materials that than 25 miles (33 CFR 151.71).
float. from nearest
land and in the
navigable waters
of the U.S.
Paper, rags, Disposal Disposal Disposal
glass, metal prohibited less prohibited prohibited.
bottles, than 12 miles (33 CFR 151.71).
crockery and from nearest
similar refuse. land and in the
navigable waters
of the U.S.
Paper, rags, Disposal Disposal Disposal
glass, etc. prohibited less prohibited prohibited.
comminuted or than 3 miles (33 CFR 151.71).
ground.\1\ from nearest
land and in the
navigable waters
of the U.S.
Victual waste not Disposal Disposal Disposal
comminuted or prohibited less prohibited less prohibited.
ground. than 12 miles than 12 miles
from nearest from nearest
land and in the land.
navigable waters
of the U.S.
Victual waste Disposal Disposal Disposal
comminuted or prohibited less prohibited less prohibited less
ground.\1\ than 3 miles than 12 miles than 12 miles
from nearest from nearest from nearest
land and in the land. land and in the
navigable waters navigable
of the U.S. waters of the
U.S.
Mixed garbage See Note 4. See Note 4. See Note 4.
types.\4\
------------------------------------------------------------------------
Note 1: Comminuted or ground garbage must be able to pass through a
screen with a mesh size no larger than 25 mm. (1 inch) (33 CFR 151.75)
Note 2: Special areas under Annex V are the Mediterranean, Baltic,
Black, Red, and North Seas areas and the Gulfs area. (33 CFR 151.53)
Note 3: Fixed or floating platforms and associated vessels includes all
fixed or floating platforms engaged in exploration, exploitation or
associated offshore processing of seabed mineral resources, and all
ships within 500m of such platforms.
Note 4: When garbage is mixed with other harmful substances having
different disposal or discharge requirements, the more stringent
disposal restrictions shall apply.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 90-054, 56 FR
19578, Apr. 29, 1991]
Sec. 151.79 Operating requirements: Discharge of sewage within
Antarctica.
(a) A vessel certified to carry more than 10 persons must not
discharge untreated sewage into the sea within 12 nautical miles of
Antarctic land or ice shelves; beyond such distance, sewage stored in a
holding tank must not be discharged instantaneously but at a moderate
rate and, where practicable, while the ship is en route at a speed of no
less than 4 knots. For purposes of this section, ``sewage'' means:
(1) Drainage and other wastes from any form of toilets, urinals, and
WC scuppers;
(2) Drainage from medical premises (dispensary, sick bay, etc.) via
wash basins, wash tubs, and scuppers located in such premises;
(3) Drainage from spaces containing living animals; or
(4) Other waste waters when mixed with the drainages defined above.
(b) Paragraph (a) of this section does not apply to a warship, naval
auxiliary, or other ship owned or operated by the United States and used
only in government non-commercial service.
(c) Paragraph (a) of this section does not apply in cases of an
emergency relating to the safety of a ship and those on board or saving
life at sea. Notice of an activity, otherwise prohibited under paragraph
(a) of this section, undertaken in case of an emergency shall be
[[Page 291]]
reported immediately to the National Response Center (NRC) toll free
number 800-424-8802.
[CGD 97-015, 62 FR 18045, Apr. 14, 1997]
Subpart B_Transportation of Municipal and Commercial Waste
Authority: 33 U.S.C. 2602; 49 CFR 1.46.
Source: CGD 89-014, 54 FR 22548, May 24, 1989, unless otherwise
noted.
Sec. 151.1000 Purpose.
The purpose of this subpart is to implement the permit provisions of
the Shore Protection Act of 1988, (33 U.S.C. 2601 et seq.).
[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by USCG-2001-9286, 66
FR 33641, June 25, 2001]
Sec. 151.1003 Applicability.
(a) Except as provided by paragraph (b) of this section, this
subpart applies to each vessel whose purpose is the transportation of
municipal or commercial waste in coastal waters.
(b) This subpart does not apply to public vessels.
Sec. 151.1006 Definitions.
As used in this subpart--
Coastal waters means--
(1) The territorial sea of the United States;
(2) The Great Lakes and their connecting waters;
(3) The marine and estuarine waters of the United States up to the
head of tidal influence; and
(4) The Exclusive Economic Zone as established by Presidential
Proclamation Number 5030, dated March 10, 1983.
Note: The Exclusive Economic Zone extends from the baseline of the
territorial sea of the United States seaward 200 miles.
Municipal and commercial waste means solid waste as defined in
section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) except-
(1) Solid waste identified and listed under section 3001 of the
Solid Waste Disposal Act (42 U.S.C. 6921);
(2) Waste generated by a vessel during normal operations;
(3) Debris solely from construction activities;
(4) Sewage sludge subject to regulation under title I of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et
seq.); and
(5) Dredge or fill material subject to regulation under title I of
the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C.
1401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.), or the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C.
401 et seq.).
Public vessel means a vessel that--
(1) Is owned, or demise chartered, and operated by the United States
Government or a government of a foreign country; and
(2) Is not engaged in commercial service.
Vessel means every description of watercraft or other artifical
contrivance used, or capable of being used, as a means of transportation
on water.
[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by USCG-2001-9286, 66
FR 33641, June 25, 2001]
Sec. 151.1009 Transportation of municipal or commercial waste.
A vessel may not transport municipal or commercial waste in coastal
waters without--
(a) A conditional permit to transport municpal or commercial waste
issued under this subpart; and
(b) Displaying a number in accordance with Sec. 151.1024.
[CGD 89-014, 54 FR 22548, May 24, 1989; CGD 89-014, 54 FR 24078, June 5,
1989]
Sec. 151.1012 Applying for a conditional permit.
(a) The owner or operator of each vessel to which this subpart
applies shall apply by letter for a conditional permit required by Sec.
151.1009. Applications must be submitted to Commandant (G-MOC), U.S.
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001, Attn: Shore Protection Act Desk and include the following:
(1) The name, address, and telephone number of the vessel owner and
operator.
(2) The vessel's name and official number, if any.
(3) The vessel's area of operation.
(4) The vessel's transport capacity.
[[Page 292]]
(5) A history of the types of cargo transported by the vessel during
the previous year, including identifying the type of municipal or
commercial waste transported as--
(i) Municipal waste;
(ii) Commercial waste;
(iii) Medical waste; or
(iv) Waste of another character.
(6) The types of cargo to be transported by the vessel during the
effective period of the conditional permit, including identifying the
type of municipal or commercial waste as it is identified in paragraphs
(a)(5)(i) through (iv) of this section.
(7) A statement of whether the application for a conditional permit
is for a single voyage, a short term operation or a continuing
operation. If the application is for a single voyage or a short term
operation, the statement must include the duration of the voyage or
operation.
(8) An acknowledgment that certifies as to the truthfulness and
accuracy of the information provided.
(b) The owner or operator under paragraph (a) of this section shall
provide any additional information the Coast Guard may require.
[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by CGD 96-026, 61 FR
33665, June 28, 1996]
Sec. 151.1015 Issuing or denying the issuance of a conditional permit.
(a) After reviewing the application made under Sec. 151.1012, the
Coast Guard either--
(1) Issues the conditional permit for a vessel under this section;
or
(2) Denies the issuance of the conditional permit to the vessel in
accordance with paragraph (c) of this section. On denying the issuance
of the permit, the Coast Guard notifies the applicant of the--
(i) Denial and the reason for the denial; and
(ii) Procedures under Sec. 151.1021 for appealing the denial.
(b) Each conditional permit issued under this section is effective--
(1) On the date it is issued; and
(2) Until the expiration date stated on the conditional permit
unless it is--
(i) Withdrawn under Sec. 151.1018;
(ii) Terminated because--
(A) The vessel is sold; or
(B) This subpart no longer applies to the vessel.
(c) The Coast Guard may deny the issuance of a conditional permit
if--
(i) The application does not contain the information required under
Sec. 151.1012; or
(ii) There is reason to believe that the information contained on
the application is not true and correct.
Sec. 151.1018 Withdrawal of a conditional permit.
(a) The Coast Guard may withdraw a conditional permit if the
Administrator of the EPA requests withdrawal because the Administrator
has determined that the owner or operator of the vessel has a record or
a pattern of serious violations of--
(1) Subtitle A of the Shore Protection Act of 1988 (33 U.S.C. 2601
et seq.);
(2) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(3) The Marine Protection, Research, and Sanctuaries Act of 1972 (33
U.S.C. 1401 et seq.);
(4) The Rivers and Harbors Appropriations Act of 1899 (33 U.S.C.
1401 et seq.); or
(5) The Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
(b) Upon reaching a determination to withdraw a conditional permit,
the Coast Guard notifies the owner or operator of--
(1) The withdrawal and the reason for the withdrawal;
(2) The procedures for appealing the withdrawal.
(c) After receiving the notice under paragraph (b) of this section,
the owner or operator shall ensure that--
(1) The vessel immediately ceases transporting municipal or
commercial waste and the marking required by Sec. 151.1024 is removed;
and
(2) The conditional permit is returned to the Coast Guard within 5
days after receiving the notice.
Sec. 151.1021 Appeals.
(a) Any person directly affected by an action taken under this
subpart may request reconsideration by the Coast Guard officer
responsible for that action.
[[Page 293]]
(b) The person affected who is not satisfied with a ruling after
having it reconsidered under paragraph (a) of this section may--
(1) Appeal that ruling in writing within 30 days after the ruling to
the Assistant Commandant for Marine Safety, Security and Environmental
Protection, U.S. Coast Guard, Washington, DC 20593-0001; and
(2) Supply supporting documentation and evidence that the appellant
wishes to have considered.
(c) After reviewing the appeal submitted under paragraph (b) of this
section, the Assistant Commandant for Marine Safety, Security and
Environmental Protection issues a ruling which is final agency action.
(d) If the delay in presenting a written appeal has an adverse
impact on the operations of the appellent, the appeal under paragraph
(b) of this section--
(1) May be presented orally; and
(2) Must be submitted in writing within five days after the oral
presentation--
(i) With the basis for the appeal and a summary of the material
presented orally; and
(ii) To the same Coast Guard official who heard the oral
presentation.
[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by CGD 96-026, 61 FR
33665, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997; USCG-2002-
12471, 67 FR 41332, June 18, 2002]
Sec. 151.1024 Display of number.
(a) The owner or operator of each vessel under this subpart must
ensure that the vessel number stated on the conditional permit issued
under Sec. 151.1015 is displayed so that it--
(1) Is clearly legible;
(2) Has a contrasting background;
(3) Is readily visible from either side of the vessel; and
(4) Is in block figures that are at least 18 inches in height.
(b) No person may tamper with or falsify a number required under
this section.
Subpart C_Ballast Water Management for Control of Nonindigenous Species
in the Great Lakes and Hudson River
Authority: 16 U.S.C. 4711; Department of Homeland Security
Delegation No. 0170.1.
Source: CGD 91-066, 58 FR 18334, Apr. 8, 1993, unless otherwise
noted.
Sec. 151.1500 Purpose.
The purpose of this subpart is to implement the provisions of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4701 et seq.).
Sec. 151.1502 Applicability.
This subpart applies to each vessel that carries ballast water and
that after operating on the waters beyond the Exclusive Economic Zone
during any part of its voyage enters the Snell Lock at Massena, New
York, or navigates north of the George Washington Bridge on the Hudson
River, regardless of other port calls in the United States or Canada
during that voyage.
[CGD 94-003, 59 FR 67634, Dec. 30, 1994]
Sec. 151.1504 Definitions.
The following terms are defined as used in this subpart.
Ballast water means any water and suspended matter taken on board a
vessel to control or maintain, trim, draught, stability, or stresses of
the vessel, regardless of how it is carried.
Ballast tank means any tank or hold on a vessel used for carrying
ballast water, whether or not the tank or hold was designed for that
purpose.
Captain of the Port (COTP) means the Coast Guard officer designated
as COTP of either the Buffalo, NY, Marine Inspection Zone and Captain of
the Port Zone or the New York, NY, Captain of the Port Zone described in
part 3 of this chapter or an official designated by the COTP.
Commandant means the Commandant of the Coast Guard or an authorized
representative.
Exclusive Economic Zone (EEZ) means the area established by
Presidential Proclamation Number 5030, dated
[[Page 294]]
March 10, 1983, (48 FR 10605, 3 CFR, 1983 Comp., p. 22), which extends
from the base line of the territorial sea of the United States seaward
200 miles, and the equivalent zone of Canada.
Environmentally sound method means methods, efforts, actions, or
programs, either to prevent introductions or to control infestations of
aquatic nuisance species, that minimize adverse impacts to the structure
and function of an ecosystem, minimize adverse effects on non-target
organisms and ecosystems, and that emphasize integrated pest management
techniques and non-chemical measures.
Great Lakes means Lake Ontario, Lake Erie, Lake Huron (including
Lake Saint Clair), Lake Michigan, Lake Superior, and the connecting
channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara
River, and Saint Lawrence River to the Canadian border), and includes
all other bodies of water within the drainage basin of such lakes and
connecting channels.
Port means a terminal or group of terminals or any place or facility
that has been designated as a port by the COTP.
Sediments means any matter settled out of ballast water within a
vessel.
Voyage means any transit by a vessel destined for the Great Lakes or
the Hudson River, north of the George Washington Bridge, from a port or
place outside of the EEZ, including intermediate stops at a port or
place within the EEZ.
[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by CGD 94-003, 59 FR
67634, Dec. 30, 1994; USCG-1998-3423, 64 FR 26682, May 17, 1999]
Sec. 151.1506 Restriction of operation.
No vessel subject to the requirements of this subpart may be
operated in the Great Lakes or the Hudson River, north of the George
Washington Bridge, unless the master of the vessel has certified, in
accordance with Sec. 151.1516, that the requirements of this subpart
have been met.
[CGD 94-003, 59 FR 67634, Dec. 30, 1994]
Sec. 151.1508 Revocation of clearance.
A COTP may request the District Director of Customs to withhold or
revoke the clearance required by 46 U.S.C. app. 91 for a vessel subject
to this subpart, the owner or operator of which is not in compliance
with the requirements of this subpart.
Sec. 151.1510 Ballast water management.
(a) The master of each vessel subject to this subpart shall employ
one of the following ballast water management practices:
(1) Carry out an exchange of ballast water on the waters beyond the
EEZ, from an area more than 200 nautical miles from any shore, and in
waters more than 2,000 meters (6,560 feet, 1,093 fathoms) deep, prior to
entry into the Snell Lock, at Massena, New York, or prior to navigating
on the Hudson River, north of the George Washington Bridge, such that,
at the conclusion of the exchange, any tank from which ballast water
will be discharged contains water with a minimum salinity level of 30
parts per thousand.
(2) Retain the vessel's ballast water on board the vessel. If this
method of ballast water management is employed, the COTP may seal any
tank or hold containing ballast water on board the vessel for the
duration of the voyage within the waters of the Great Lakes or the
Hudson River, north of the George Washington Bridge.
(3) Use an alternative environmentally sound method of ballast water
management that has been submitted to, and approved by, the Commandant
prior to the vessel's voyage. Requests for approval of alternative
ballast water management methods must be submitted to the Commandant (G-
M), U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington,
DC 20593-0001.
(b) No master of a vessel subject to this subpart shall separately
discharge sediment from tanks or holds containing ballast water unless
it is disposed of ashore in accordance with local requirements.
(c) Nothing in this subpart authorizes the discharge of oil or
noxious liquid substances (NLSs) in a manner prohibited by United States
or international laws or regulations. Ballast water carried in any tank
containing a residue of oil, NLSs, or any other pollutant must be
discharged in accordance with
[[Page 295]]
the applicable regulations. Nothing in this subpart affects or
supersedes any requirement or prohibitions pertaining to the discharge
of ballast water into the waters of the United States under the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).
[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by CGD 94-003, 59 FR
67634, Dec. 30, 1994; USCG-1998-3423, 66 FR 58390, Nov. 21, 2001]
Sec. 151.1512 Vessel safety.
Nothing in this subpart relieves the master of the responsibility
for ensuring the safety and stability of the vessel or the safety of the
crew and passengers, or any other responsibility.
Sec. 151.1514 Ballast water management alternatives under extraordinary
conditions.
The master of any vessel subject to this subpart who, due to
weather, equipment failure, or other extraordinary conditions, is unable
to effect a ballast water exchange before entering the EEZ, must employ
another method of ballast water management listed in Sec. 151.1510, or
request from the COTP permission to exchange the vessel's ballast water
within an area agreed to by the COTP at the time of the request and must
discharge the vessel's ballast water within that designated area.
Sec. 151.1516 Compliance monitoring.
(a) The master of each vessel equipped with ballast tanks shall
provide, as detailed in Sec. 151.2040, the following information, in
written form, to the COTP:
(1) The vessel's name, port of registry, and official number or call
sign.
(2) The name of the vessel's owner(s).
(3) Whether ballast water is being carried.
(4) The original location and salinity, if known, of ballast water
taken on, before an exchange.
(5) The location, date, and time of any ballast water exchange.
(6) The salinity of any ballast water to be discharged into the
territorial waters of the United States.
(7) The intended discharge port for ballast water and location for
disposal of sediment carried upon entry into the territorial waters of
the United States, if ballast water or sediment are to be discharged.
(8) The signature of the master attesting to the accuracy of the
information provided and certifying compliance with the requirements of
this subpart.
(b) The COTP may take samples of ballast water to assess the
compliance with, and the effectiveness of, this subpart.
[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by USCG-1998-3423, 66
FR 58391, Nov. 21, 2001; USCG-2002-13147, 69 FR 32869, June 14, 2004]
Sec. 151.1518 Penalties for failure to conduct ballast water management.
(a) A person who violates this subpart is liable for a civil penalty
in an amount not to exceed $27,500. Each day of a continuing violation
constitutes a separate violation. A vessel operated in violation of the
regulations is liable in rem for any civil penalty assessed under this
subpart for that violation.
(b) A person who knowingly violates the regulations of this subpart
is guilty of a class C felony.
[USCG-2002-13147, 69 FR 32869, June 14, 2004]
Subpart D_Ballast Water Management for Control of Nonindigenous Species
in Waters of the United States
Authority: 16 U.S.C. 4711; Department of Homeland Security
Delegation No. 0170.1.
Source: USCG-1998-3423, 64 FR 26682, May 17, 1999, unless otherwise
noted.
Sec. 151.2000 What is the purpose of this subpart?
This subpart implements the provisions of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (NANPCA) (16 U.S.C. 4701-
4751), as amended by the National Invasive Species Act of 1996 (NISA).
Sec. 151.2005 To which vessels does this subpart apply?
Unless exempted in Sec. 151.2010 or Sec. 151.2015, this subpart
applies to all vessels, U.S. and foreign, equipped with ballast tanks,
that operate in the waters of the United States and are bound
[[Page 296]]
for ports or places in the United States.
[USCG-2002-13147, 69 FR 32869, June 14, 2004]
Sec. 151.2007 What are the penalties for violations of the mandatory
provisions of this subpart?
(a) A person who violates this subpart is liable for a civil penalty
not to exceed $ 27,500. Each day of a continuing violation constitutes a
separate violation. A vessel operated in violation of the regulations is
liable in rem for any civil penalty assessed under this subpart for that
violation.
(b) A person who knowingly violates the regulations of this subpart
is guilty of a class C felony.
[USCG-2002-13147, 69 FR 32869, June 14, 2004]
Sec. 151.2010 Which vessels are exempt from the mandatory requirements?
Three types of vessels are exempt from the requirements in
Sec. Sec. 151.2040 and 151.2045:
(a) A crude oil tanker engaged in the coastwise trade.
(b) A Department of Defense or Coast Guard vessel subject to the
requirements of section 1103 of the Act, or any vessel of the Armed
Forces, as defined in the Federal Water Pollution Control Act (33 U.S.C.
1322(a)) that is subject to the ``Uniform National Discharge Standards
for Vessels of the Armed Forces'' (33 U.S.C. 1322(n)).
(c) A vessel that operates exclusively within one Captain of the
Port (COTP) Zone.
[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391,
Nov. 21, 2001; USCG-2002-13147, 69 FR 32869, June 14, 2004]
Sec. 151.2015 Is a vessel in innocent passage exempt from the mandatory
requirements?
A foreign vessel merely traversing the territorial sea of the U.S.
(i.e., not entering or departing a U.S. port, or not navigating the
internal waters of the U.S.) is exempt from the requirements of this
subpart.
[USCG-2003-14273, 69 FR 44961, July 28, 2004]
Sec. 151.2025 What definitions apply to this subpart?
(a) Unless otherwise stated in this section, the definitions in 33
CFR 151.1504, 33 CFR 160.203, and the United Nations Convention on the
Law of the Sea apply to this part.
(b) As used in this part--
ANSTF means the Aquatic Nuisance Species Task Force mandated under
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990
(NANPCA).
Ballast tank means any tank or hold on a vessel used for carrying
ballast water, whether or not the tank or hold was designed for that
purpose.
Captain of the Port (COTP) means the Coast Guard officer designated
as the COTP, or a person designated by that officer, for the COTP zone
covering the U.S. port of destination. These COTP zones are listed in 33
CFR part 3.
Exchange means to replace the water in a ballast tank using one of
the following methods:
(1) Flow through exchange means to flush out ballast water by
pumping in mid-ocean water at the bottom of the tank and continuously
overflowing the tank from the top until three full volumes of water has
been changed--to minimize the number of original organisms remaining in
the tank.
(2) Empty/refill exchange means to pump out the ballast water taken
on in ports, estuarine, or territorial waters until the tank is empty,
then refilling it with mid-ocean water; masters/operators should pump
out as close to 100 percent of the ballast water as is safe to do so.
Exclusive Economic Zone (EEZ) means the area established by
Presidential Proclamation Number 5030, dated March 10, 1983 (48 FR
10605, 3 CFR, 1983 Comp., p. 22) which extends from the base line of the
territorial sea of the United States seaward 200 miles, and the
equivalent zone of Canada.
IMO guidelines mean the Guidelines for the Control and Management of
Ships' Ballast Water to Minimize the Transfer of Harmful Aquatic
Organisms and Pathogens (IMO Resolution A.868 (20), adopted November
1997).
NANPCA means the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990.
NBIC means the National Ballast Water Information Clearinghouse
operated by the Coast Guard and the
[[Page 297]]
Smithsonian Environmental Research Center as mandated under NISA.
NISA means the National Invasive Species Act of 1996, which
reauthorized and amended NANPCA.
Port or place of departure means any port or place in which a vessel
is anchored or moored.
Port or place of destination means any port or place to which a
vessel is bound to anchor or moor.
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands,
and the Trust Territory of the Pacific Islands.
Voyage means any transit by a vessel destined for any United States
port or place.
Waters of the United States means waters subject to the jurisdiction
of the United States as defined in 33 CFR Sec. 2.38, including the
navigable waters of the United States. For this regulation, the
navigable waters include the territorial sea as extended to 12 nautical
miles from the baseline, pursuant to Presidential Proclamation No. 5928
of December 27, 1988.
[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended by USCG-2003-
15404, 68 FR 37741, June 25, 2003; USCG-2002-13147, 69 FR 32869, June
14, 2004; USCG-2003-14273, 69 FR 44961, July 28, 2004]
Sec. 151.2030 Who is responsible for determining when to use the
safety exemption?
(a) The master, operator, or person-in-charge of a vessel is
responsible for the safety of the vessel, its crew, and its passengers.
(b) The master, operator, or person-in-charge of a vessel is not
required to conduct a ballast water management practice (including
exchange), if the master decides that the practice would threaten the
safety of the vessel, its crew, or its passengers because of adverse
weather, vessel design limitations, equipment failure, or any other
extraordinary conditions. If the master uses this section, and the--
(1) Vessel is on a voyage to the Great Lakes or Hudson River, the
vessel must comply with the requirements of Sec. 151.1514 of subpart C
of this part (Ballast water management alternatives under extraordinary
conditions); or
(2) Vessel is on a voyage to any port other than the Great Lakes or
Hudson River, the vessel shall not be required to perform a ballast
water management practice which the master has found to threaten the
safety of the vessel, its crew, or its passengers because of adverse
weather, vessel design limitations, equipment failure, or any other
extraordinary conditions.
(c) Nothing in this subpart relieves the master, operator, or
person-in-charge of a vessel, of the responsibility for ensuring the
safety and stability of the vessel or the safety of the crew and
passengers, or any other responsibility.
Sec. 151.2035 What are the required ballast water management
practices for my vessel?
(a) Masters, owners, operators, or persons-in-charge of all vessels
equipped with ballast water tanks that operate in the waters of the U.S.
must:
(1) Avoid the discharge or uptake of ballast water in areas within
or that may directly affect marine sanctuaries, marine preserves, marine
parks, or coral reefs.
(2) Minimize or avoid uptake of ballast water in the following areas
and situations:
(i) Areas known to have infestations or populations of harmful
organisms and pathogens (e.g., toxic algal blooms).
(ii) Areas near sewage outfalls.
(iii) Areas near dredging operations.
(iv) Areas where tidal flushing is known to be poor or times when a
tidal stream is known to be more turbid.
(v) In darkness when bottom-dwelling organisms may rise up in the
water column.
(vi) Where propellers may stir up the sediment.
(vii) Areas with pods of whales, convergence zones, and boundaries
of major currents.
(3) Clean the ballast tanks regularly to remove sediments. Clean the
tanks in mid-ocean or under controlled arrangements in port, or at dry
dock. Dispose of your sediments in accordance with local, State, and
Federal regulations.
(4) Discharge only the minimal amount of ballast water essential for
[[Page 298]]
vessel operations while in the waters of the United States.
(5) Rinse anchors and anchor chains when you retrieve the anchor to
remove organisms and sediments at their place of origin.
(6) Remove fouling organisms from hull, piping, and tanks on a
regular basis and dispose of any removed substances in accordance with
local, State and Federal regulations.
(7) Maintain a ballast water management plan that has been developed
specifically for the vessel that will allow those responsible for the
plan's implementation to understand and follow the vessel's ballast
water management strategy.
(8) Train the master, operator, person-in-charge, and crew, on the
application of ballast water and sediment management and treatment
procedures.
(b) In addition to the provisions of paragraph (a) of this section,
if the vessel carries ballast water that was taken on in areas less than
200 nautical miles from any shore into the waters of the U.S. after
operating beyond the Exclusive Economic Zone, you (the master, operator,
or person-in-charge of a vessel) must employ at least one of the
following ballast water management practices:
(1) Perform complete ballast water exchange in an area no less than
200 nautical miles from any shore prior to discharging ballast water in
U.S. waters;
(2) Retain ballast water onboard the vessel; or
(3) Prior to the vessel entering U.S. waters, use an alternative
environmentally sound method of ballast water management that has been
approved by the Coast Guard.
[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391,
Nov. 21, 2001; USCG-2003-14273, 69 FR 44961, July 28, 2004; USCG-2002-
14273, 69 FR 60309, Oct. 8, 2004]
Sec. 151.2036 If my voyage does not take me into waters 200 nautical
miles or greater from any shore, must I divert to conduct a ballast
water exchange?
A vessel will not be required to deviate from its voyage, or delay
the voyage, in order to conduct a ballast water exchange.
[USCG-2003-14273, 69 FR 44961, July 28, 2004]
Sec. 151.2037 If my vessel cannot conduct ballast water management
practices because of its voyage and/or safety concerns, will I be
prohibited from
discharging ballast water?
(a) A vessel that cannot practicably meet the requirements of Sec.
151.2035(b)(1) because its voyage does not take it into waters 200
nautical miles or greater from any shore for a sufficient length of time
and elects to retain ballast water on board, or because of the safety
concerns contained in Sec. 151.2030, will not be prohibited from the
discharge of ballast water in areas other than the Great Lakes and the
Hudson River. However, the vessel must discharge only that amount of
ballast water operationally necessary to ensure the safety of the
vessels for cargo operations and make ballast water records available to
the local Captain of the Port upon request.
(b) A vessel that cannot practicably meet the requirements of Sec.
151.2035(b)(3) because its alternative environmentally sound ballast
water management method is inoperable must employ one of the other
ballast water management practices stated in Sec. 151.2035(b). If the
vessel cannot employ other ballast water management practices due to
voyage or safety concerns, the vessel will not be prohibited from the
discharge of ballast water in areas other than the Great Lakes and the
Hudson River. However, the vessel must discharge only that amount of
ballast water operationally necessary to ensure the safety of the
vessels for cargo operations and make ballast water records available to
the local Captain of the Port upon request.
[USCG-2003-14273, 69 FR 44961, July 28, 2004]
Sec. 151.2040 What are the mandatory ballast water management
requirements for vessels equipped with ballast tanks that operate in
the waters of the United
States and are bound for ports or places in the United States?
(a) A vessel bound for the Great Lakes or Hudson River, which has
operated beyond the EEZ (which includes
[[Page 299]]
the equivalent zone of Canada) during any part of its voyage regardless
of intermediate ports of call within the waters of the United States or
Canada, must comply with Sec. Sec. 151.2041 and 151.2045 of this
subpart, as well as with the provisions of subpart C of this part.
(b) A vessel engaged in the foreign export of Alaskan North Slope
Crude Oil must comply with Sec. Sec. 151.2041 and 151.2045 of this
subpart, as well as with the provisions of 15 CFR 754.2(j)(1)(iii).
Section 15 CFR 754.2(j)(1)(iii) requires a mandatory program of deep
water ballast exchange unless doing so would endanger the safety of the
vessel or crew.
(c) A vessel not covered by paragraphs (a) or (b) of this section
and is bound for ports or places in the United States must comply with
Sec. Sec. 151.2041 and 151.2045 of this subpart.
(d) This subpart does not authorize the discharge of oil or noxious
liquid substances (NLS) in a manner prohibited by United States or
international laws or regulations. Ballast water carried in any tank
containing a residue of oil, NLS, or any other pollutant must be
discharged in accordance with applicable regulations.
(e) This subpart does not affect or supercede any requirement or
prohibition pertaining to the discharge of ballast water into the waters
of the United States under the Federal Water Pollution Control Act (33
U.S.C. 1251 to 1376).
[USCG-2002-13147, 69 FR 32869, June 14, 2004]
Sec. 151.2041 What are the mandatory ballast water reporting requirements
for all vessels equipped with ballast tanks bound for ports or places of
the United
States?
(a) Ballast water reporting requirements exist for each vessel bound
for ports or places of the United States regardless of whether a vessel
operated outside of the EEZ (which includes the equivalent zone of
Canada), unless exempted in Sec. Sec. 151.2010 or 151.2015.
(b) The master, owner, operator, agent, or person-in-charge of a
vessel to whom this section applies must provide the information
required by Sec. 151.2045 in electronic or written form (OMB form
Control No. 1625-0069) to the Commandant, U.S. Coast Guard or the
appropriate COTP as follows:
(1) For any vessel bound for the Great Lakes from outside the EEZ
(which includes the equivalent zone of Canada).
(i) You must fax the required information at least 24 hours before
the vessel arrives in Montreal, Quebec to either the USCG COTP Buffalo,
Massena Detachment (315-769-5032), or the St. Lawrence Seaway
Development Corporation (315-764-3250); or
(ii) If you are not a U.S. or Canadian Flag vessel, you may complete
the ballast water information section of the St. Lawrence Seaway
required ``Pre-entry Information from Foreign Flagged Vessels Form'' and
submit it in accordance with the applicable Seaway Notice in lieu of
this requirement.
(2) For any vessel bound for the Hudson River north of the George
Washington Bridge entering from outside the EEZ (which includes the
equivalent zone of Canada). You must fax the information to the COTP New
York (718-354-4249) at least 24 hours before the vessel enters New York,
New York.
(3) For any vessel not addressed in paragraphs (b)(1) and (b)(2) of
this section, which is equipped with ballast water tanks and bound for
ports or places in the United States. If your voyage is less than 24
hours, you must report before departing your port or place of departure.
If your voyage exceeds 24 hours, you must report at least 24 hours
before arrival at your port or place of destination. All required
information is to be sent to the National Ballast Information
Clearinghouse (NBIC) using only one of the following means:
(i) Internet at: http://invasions.si.edu/NBIC/bwform.html;
(ii) E-mail to NBIC@BALLASTREPORT.ORG;
(iii) Fax to 301-261-4319; or
(iv) Mail to U.S. Coast Guard, c/o SERC (Smithsonian Environmental
Research Center), P.O. Box 28, Edgewater, MD 21037-0028.
(c) If the information submitted in accordance with this section
changes, you must submit an amended form before the vessel departs the
waters of the United States.
[USCG-2002-13147, 69 FR 32870, June 14, 2004; 69 FR 40767, July 7, 2004]
[[Page 300]]
Sec. 151.2043 Equivalent Reporting Methods for vessels other than those
entering the Great Lakes or Hudson River after operating outside the EEZ
or Canadian
equivalent.
(a) For ships required to report under Sec. 151.2041 the Chief,
Environmental Standards Division (G-MSO-4), acting for the Assistant
Commandant for Marine Safety, Security and Environmental Protection (G-
M) may, upon receipt of a written request, consider and approve
alternative methods of reporting if:
(1) Such methods are at least as effective as that required by Sec.
151.2041; and
(2) Compliance with the requirement is economically or physically
impractical.
(i) The Chief, Environmental Standards Division (G-MSO-4) will take
approval or disapproval action on the request submitted in accordance
with paragraph (a) of this section within 30 days of receipt of the
request.
(ii) [Reserved]
[USCG-1998-3423, 66 FR 58391, Nov. 21, 2001, as amended by USCG-2002-
12471, 67 FR 41332, June 18, 2002. Redesignated and amended by USCG-
2002-13147, 69 FR 32870, June 14, 2004]
Sec. 151.2045 What are the mandatory recordkeeping requirements for
vessels equipped with ballast tanks that are bound for a port or place
in the United
States?
(a) The master, owner, operator, or person in charge of a vessel
bound for a port or place in the United States, unless specifically
exempted by Sec. Sec. 151.2010 or 151.2015 must keep written, records
that include the following information (Note: Ballast tank is any tank
or hold that carries ballast water regardless of design):
(1) Vessel information. Include the--
(i) Name;
(ii) International Maritime Organization (IMO) Number (official
number if IMO number not issued);
(iii) Vessel type;
(iv) Owner or operator;
(v) Gross tonnage;
(vi) Call sign; and
(vii) Port of Registry (Flag).
(2) Voyage information. Include the date and port of arrival, vessel
agent, last port and country of call, and next port and country of call.
(3) Total ballast water information. Include the total ballast water
capacity, total volume of ballast water on board, total number of
ballast water tanks, and total number of ballast water tanks in ballast.
Use units of measurements such as metric tons (MT), cubic meters (m3),
long tons (LT), and short tons (ST).
(4) Ballast Water Management. Include the total number of ballast
tanks/holds that are to be discharged into the waters of the United
States or to a reception facility. If an alternative ballast water
management method is used, please note the number of tanks that were
managed using an alternative method, as well as the type of method used.
Indicate whether the vessel has a ballast water management plan and IMO
guidelines on board, and whether the ballast water management plan is
used.
(5) Information on ballast water tanks that are to be discharged
into the waters of the United States or to a reception facility. Include
the following:
(i) The origin of ballast water. This includes date(s), location(s),
volume(s) and temperature(s) (If a tank has been exchanged, list the
loading port of the ballast water that was discharged during the
exchange.).
(ii) The date(s), location(s), volume(s), method, thoroughness
(percentage exchanged if exchange conducted), sea height at time of
exchange if exchange conducted, of any ballast water exchanged or
otherwise managed.
(iii) The expected date, location, volume, and salinity of any
ballast water to be discharged into the waters of the United States or a
reception facility.
(6) Discharge of sediment. If sediment is to be discharged within
the jurisdiction of the United States include the location of the
facility where the disposal will take place.
(7) Certification of accurate information. Include the master,
owner, operator, person in charge, or responsible officer's printed
name, title, and signature attesting to the accuracy of the information
provided and certifying compliance with the requirements of this
subpart.
[[Page 301]]
(8) Change to previously submitted information. Indicate whether the
information is a change to information previously submitted for this
voyage.
(9) The master, owner, operator, or person in charge of a vessel
subject to this section, must retain a signed copy of this information
on board the vessel for 2 years.
(10) The information required of this subpart may be used to satisfy
the ballast water recordkeeping requirements for vessels subject to
Sec. 151.2040(a) and (b).
(11) A sample form and the instructions for completing the form are
in the appendix to this subpart. If you complete the ``Ballast Water
Reporting Form'' contained in the IMO Guidelines or complete the ballast
water information section of the St. Lawrence Seaway required ``Pre-
entry Information Flagged Vessels Form,'' then you have met the
requirements of this section.
[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391,
Nov. 21, 2001; USCG-2002-13147, 69 FR 32870, June 14, 2004]
Sec. 151.2050 What methods are used to monitor compliance with this
subpart?
(a) The COTP may take samples of ballast water and sediment, examine
documents, and make other appropriate inquiries to assess the compliance
of any vessel subject to this subpart.
(b) The master, owner, operator, or person in charge of a vessel
subject to this section, shall make available to the COTP the records
required by Sec. 151.2045 upon request.
(c) The NBIC will compile the data obtained from submitted reports.
This data will be used, in conjunction with existing databases on the
number of vessel arrivals, to assess vessel reporting rates.
Sec. 151.2055 Where are the alternate exchange zones located? [Reserved]
Sec. 151.2060 What must each application for approval of an alternative
compliance technology contain? [Reserved]
Sec. 151.2065 What is the standard of adequate compliance determined
by the ANSTF for this subpart? [Reserved]
[[Page 302]]
Appendix to Subpart D of Part 151--Ballast Water Reporting Form and
Instructions for Ballast Water Reporting Form
[GRAPHIC] [TIFF OMITTED] TR17MY99.001
[[Page 303]]
[GRAPHIC] [TIFF OMITTED] TR17MY99.002
[[Page 304]]
[GRAPHIC] [TIFF OMITTED] TR17MY99.003
Where to send this form.
[[Page 305]]
------------------------------------------------------------------------
Vessels equipped with ballast water tanks bound for all ports or places
within the waters of the United States after operating outside the EEZ
(which includes the equivalent zone of Canada).
-------------------------------------------------------------------------
You must submit your report as
Bound for detailed below.
------------------------------------------------------------------------
The Great Lakes................... Fax the information at least 24
hours before the vessel arrives in
Montreal, Quebec, to the USCG COTP
Buffalo, Massena Detachment (315-
769-5032) or to the Saint Lawrence
Seaway Development Corporation (315-
764-3250).
In lieu of faxing, vessels that are
not U.S. or Canadian flagged may
complete the ballast water
information section of the St.
Lawrence Seaway ``Pre-entry
Information from Foreign Flagged
Vessel Form''.
Hudson River north of the George Fax the information to the COTP New
Washington Bridge. York at (718-354-4249) at least 24
hours before the vessel arrives at
New York, New York.
*Note: Vessels entering COTP New
York Zone which are not bound up
the Hudson River north of George
Washington Bridge should submit the
form in accordance with the
instructions in the following
block.
All other U.S. Ports.............. Report before departing the port or
place of departure if voyage is
less than 24 hours, or at least 24
hours before arrival at the port or
place of destination if the voyage
exceeds 24 hours; and submit the
required information to the
National Ballast Information
Clearinghouse (NBIC) by one of the
following means:
Via the Internet at http://
invasions.si.edu/NBIC/bwform.html;
E-mail to NBIC@BALLASTREPORT.ORG;
Fax to 301-261-4319; orMail the
information to U.S. Coast Guard, c/
o SERC. P.O. Box 28, Edgewater, MD
21037-0028.
------------------------------------------------------------------------
------------------------------------------------------------------------
Vessels that have not operated outside the EEZ, which are equipped with
ballast water tanks and are bound for all ports or places within the
waters of the United States.
-------------------------------------------------------------------------
You must submit your report as
Bound for detailed below:
------------------------------------------------------------------------
All U.S. ports including the Great Report before departing the port or
Lakes and Hudson River North of place of departure if voyage is
George Washington Bridge. less than 24 hours, or at least 24
hours before arrival at the port or
place of destination if the voyage
exceeds 24 hours; and submit the
required information to the
National Ballast Information
Clearinghouse (NBIC) by one of the
following means:
Via the Internet at http://
invasions.si.edu/NBIC/bwform.html;
E-mail to NBIC@BALLASTREPORT.ORG;
Fax to 301-261-4319; orMail to U.S.
Coast Guard, c/o SERC, P.O. Box 28,
Edgewater, MD 21037-0028.
------------------------------------------------------------------------
If any information changes, send an amended form before the vessel
departs the waters of the United States.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a valid OMB
control number. The Coast Guard estimates that the average burden for
this report is 35 minutes. You may submit any comments concerning the
accuracy of this burden estimate or any suggestions for reducing the
burden to: Commandant (G-MSO), U.S. Coast Guard, 2100 Second St. SW,
Washington, DC 20593-0001, or Office of Management and Budget, Paperwork
Reduction Project (1625-0069), Washington, DC 20503.
[USCG-1998-3423, 64 FR 26682, May 17, 1999, as amended at 66 FR 58391,
Nov. 21, 2001; USCG-2002-13147, 69 FR 32870, June 14, 2004; USCG-2005-
21531, 70 FR 36349, June 23, 2005]
PART 153_CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE
REMOVAL--Table of Contents
Subpart A_General
Sec.
153.101 Purpose.
153.103 Definitions.
153.105 FWPCA delegations and redelegation.
153.107 [Reserved]
153.109 CERCLA delegations.
Subpart B_Notice of the Discharge of Oil or a Hazardous Substance
153.201 Purpose.
153.203 Procedure for the notice of discharge.
153.205 Fines.
Subpart C_Removal of Discharged Oil
153.301 Purpose.
153.303 Applicability.
153.305 Methods and procedures for the removal of discharged oil.
153.307 Penalties.
Subpart D_Administration of the Pollution Fund
153.401 Purpose.
153.403 Applicability.
153.405 Liability to the pollution fund.
153.407 Payments or reimbursement from the pollution fund.
[[Page 306]]
153.411 Procedures for payment of judgments.
153.413 Deposit of money into the fund.
153.415 Cost summary reports.
153.417 Reimbursement for actions under section 311(c) or 311(d) of the
Act of the Intervention on the High Seas Act.
Authority: 14 U.S.C. 633; 33 U.S.C. 1321; 42 U.S.C. 9615; E.O.
12580, 3 CFR, 1987 Comp., p. 193; E.O. 12777, 3 CFR, 1991 Comp., p. 351;
49 CFR 1.45 and 1.46.
Source: CGD 73-185, 41 FR 12630, Mar. 25, 1976, unless otherwise
noted.
Subpart A_General
Sec. 153.101 Purpose.
The purpose of this part is to prescribe regulations concerning
notification to the Coast Guard of the discharge of oil or hazardous
substances as required by the Federal Water Pollution Control Act, as
amended (FWPCA); the procedures for the removal of a discharge of oil;
and the costs that may be imposed or reimbursed for the removal of a
discharge of oil or hazardous substances under the FWPCA.
[CGD 84-067, 51 FR 17965, May 16, 1986]
Sec. 153.103 Definitions.
As used in this part:
(a) Act means the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1251 et seq.).
(b) CERCLA means the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(c) Chemical agents means those elements, compounds, or mixtures
that coagulate, disperse, dissolve, emulsify, foam, neutralize,
precipitate, reduce, solubilize, oxidize, concentrate, congeal, entrap,
fix, make the pollutant mass more rigid or viscous, or otherwise
facilitate the mitigation of deleterious effects or removal of the
pollutant from the water. The term ``chemical agents'' as used in this
part includes dispersants, surface collecting agents, biological
additives, burning agents, and sinking agents as defined in Subpart H of
the National Contingency Plan.
(d) Assistant Commandant for Marine Safety, Security and
Environmental Protection means the Coast Guard Officer designated by the
Commandant to assist and advise the Commandant on matters related to
marine environmental response, port and environmental safety, and
waterways management.
(e) Coastal waters means all U.S. waters subject to the tide, U.S.
waters of the Great Lakes, specified ports and harbors on the inland
rivers, waters of the contiguous zone, or other waters of the high seas
subject to discharges in connection with activities under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or the Deepwater
Port Act of 1974 (33 U.S.C. 1501 et seq.), or which may affect natural
resources belonging to, appertaining to, or under the exclusive
management authority of the United States (including resources under the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.)). These waters include those contained within the Exclusive
Economic Zone declared by Presidential Proclamation 5030 on March 10,
1983 (43 FR 10605).
Note: Coastal waters are those waters where the Coast Guard has the
responsibility for providing On-Scene Coordinators under the National
Contingency Plan. Specific dividing lines between coastal and inland
waters, and the identification of specified ports and harbors on inland
rivers, are contained in Regional Contingency Plans prepared pursuant to
the National Contingency Plan.
(f) Contiguous zone means the entire zone established by the United
States under Article 24 of the Convention on the Territorial Sea and the
Contiguous Zone, as published in the June 1, 1972 issue of the Federal
Register (37 FR 11906).
(g) Discharge includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying, or dumping, but excludes
(A) discharges in compliance with a permit under Section 402 of the Act,
(B) discharges resulting from circumstances identified and reviewed and
made part of the public record with respect to a permit issued or
modified under Section 402 of the Act, and subject to a condition in
such permit, and (C) continuous or anticipated intermittent discharges
from a point source, identified in a permit or permit application under
section 402 of
[[Page 307]]
the Act, which are caused by events occurring within the scope of
relevant operating or treatment systems.
(h) Hazardous substance means any substance designated by the
Administrator of the Environmental Protection Agency pursuant to section
311(b)(2) of the Act.
(i) Inland waters means all other waters of the U.S. not included in
the definition of coastal waters.
Note: Inland waters are those waters where the Environmental
Protection Agency has the responsibility for providing On-Scene
Coordinators under the National Contingency Plan. Specific dividing
lines between coastal and inland waters are contained in Regional
Contingency Plans prepared pursuant to the National Contingency Plan.
(j) Mechanical removal means the use of pumps, skimmers, booms,
earthmoving equipment, and other mechanical devices to contain the
discharge of oil and to recover the discharge from the water or
adjoining shorelines.
(k) Navigable waters means the waters of the United States as
defined in paragraph 2.05-25(b) of this Chapter.
(l) Offshore facility means any facility of any kind located in, on,
or under, any of the navigable waters of the United States, and any
facility of any kind which is subject to the jurisdiction of the United
States and is located in, on, or under any other waters, other than a
vessel or a public vessel.
(m) Oil means oil of any kind or in any form, including but not
limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with
wastes other than dredged spoil.
(n) On-Scene Coordinator or OSC is the Federal official
predesignated by the Environmental Protection Agency (EPA) or Coast
Guard to coordinate and direct Federal removal efforts at the scene of
an oil or hazardous substance discharge as prescribed in the National
Oil and Hazardous Substances Pollution Contingency Plan (National
Contingency Plan) as published in 40 CFR Part 300.
(o) Onshore facility means any facility (including, but not limited
to, motor vehicles and rolling stock) of any kind located in, on, or
under, any land within the United States other than submerged land.
(p) Person includes an individual, firm, corporation, association,
and a partnership.
(q) Pollution Fund and Fund means the revolving fund established in
the Treasury under the authority in section 311(k) of the Act to carry
out the provisions of section 311 (c), (d), (i), and (l) of the Act.
(r) Public vessel means a vessel owned or bare-boat chartered and
operated by the United States, or by a State or political subdivision
thereof, or by a foreign nation, except when such vessel is engaged in
commerce.
(s) Remove or Removal refers to removal of oil or hazardous
substances from the waters and shorelines or the taking of such other
actions as may be necessary to minimize or mitigate damage to the public
health or welfare, including, but not limited to, fish, shellfish,
wildlife, and public and private property, shorelines, and beaches.
(t) Sorbent means materials essentially inert and insoluble used to
remove oil from water through a variety of sorption mechanisms. Examples
include straw, expanded perlite, polyurethane foam, reclaimed paper
fibers, and peat moss.
(u) Such quantities as may be harmful means those quantities of oil
and any hazardous substances determined in accordance with the
provisions of section 311(b)(4) of the Act.
Note: Regulations that relate to such quantities as may be harmful
of oil are published in 40 CFR Part 110. Regulations that relate to such
quantities as may be harmful (reportable quantities) of hazardous
substances are published in 40 CFR Part 117 and also listed in 40 CFR
Part 302.
(v) United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands,
and the Trust Territory of the Pacific Islands.
(w) Vessel means every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of transportation
on water other than a public vessel.
[CGD 84-067, 51 FR 17965, May 16, 1986, as amended by CGD 88-052, 53 FR
25121, July 1, 1988; CGD 96-026, 61 FR 33665, June 28, 1996; CGD 97-023,
62 FR 33363, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002]
[[Page 308]]
Sec. 153.105 FWPCA delegations and redelegation.
The delegations and redelegations under the Federal Water Pollution
Control Act (FWPCA) [33 U.S.C. 1321 et seq.] are published in Sec.
1.01-80 and Sec. 1.01-85, respectively, of this chapter.
[CGD 91-225, 59 FR 66485, Dec. 27, 1994]
Sec. 153.107 [Reserved]
Sec. 153.109 CERCLA delegations.
The delegations under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA) are published in Sec.
1.01-70 of this chapter.
[CGD 83-009, 49 FR 575, Jan. 5, 1984]
Subpart B_Notice of the Discharge of Oil or a Hazardous Substance
Sec. 153.201 Purpose.
The purpose of this subpart is to prescribe the manner in which the
notice required in section 311(b)(5) of the Act is to be given and to
list the government officials to receive that notice.
Sec. 153.203 Procedure for the notice of discharge.
Any person in charge of a vessel or of an onshore or offshore
facility shall, as soon as they have knowledge of any discharge of oil
or a hazardous substance from such vessel or facility in violation of
section 311(b)(3) of the Act, immediately notify the National Response
Center (NRC), U.S. Coast Guard, 2100 Second Street, SW., Washington, DC
20593, toll free telephone number 800-424-8802 (in Washington, DC
metropolitan area, (202) 267-2675). If direct reporting to the NRC is
not practicable, reports may be made to the Coast Guard or EPA
predesignated OSC for the geographic area where the discharge occurs.
All such reports shall be promptly relayed to the NRC. If it is not
possible to notify the NRC or the predesignated OSC immediately, reports
may be made immediately to the nearest Coast Guard unit, provided that
the person in charge of the vessel or onshore or offshore facility
notifies the NRC as soon as possible.
Note: Geographical jurisdiction of Coast Guard and EPA OSC's are
specified in the applicable Regional Contingency Plan. Regional
Contingency Plans are available at Coast Guard District Offices and EPA
Regional Offices as indicated in Table 2. Addresses and telephone
numbers for these offices are listed in Table 1.
[CGD 84-067, 51 FR 17966, May 16, 1986, as amended by CGD 88-052, 53 FR
25121, July 1, 1988]
Sec. 153.205 Fines.
Section 311(b)(5) of the Act prescribes that any person who fails to
notify the appropriate agency of the United States Government
immediately of a discharge is, upon conviction, fined in accordance with
Title 18, U.S. Code, or imprisoned for not more than 5 years, or both.
Table 1--Addresses and Telephone Numbers of Coast Guard District Offices
and EPA Regional Offices
------------------------------------------------------------------------
Address Telephone
------------------------------------------------------------------------
EPA Regional Offices
------------------------------------------------------------------------
Region:
1......................... 1 Congress St., Suite 617-918-1111
1100, Boston, MA
02114-2023.
2......................... 290 Broadway, New 212-637-3000
York, NY 10007-1866.
3......................... 1650 Arch St., 215-814-5000
Philadelphia, PA
19103-2029.
4......................... Atlanta Federal 404-562-9900
Center, 61 Forsyth
St., SW, Atlanta, GA
30303-3104.
5......................... 77 West Jackson 312-353-2000
Boulevard, Chicago,
IL 60604-3507.
6......................... Fountain Place 12th 214-665-2200
Floor, Suite 1200,
1445 Ross Avenue,
Dallas, TX 75202-
2733.
7......................... 901 North 5th St., 913-551-7003
Kansas City, KS
66101.
8......................... 999 18th St., Suite 303-312-6312
500, Denver, CO
80202-2466.
9......................... 75 Hawthorne St., San 415-744-1305
Francisco, CA 94105.
10........................ 1200 Sixth Avenue, 206-553-1200
Seattle, WA 98101.
-------------------------------
Coast Guard District Offices
------------------------------------------------------------------------
District:
1st....................... 408 Atlantic Avenue, 617-223-8480
Boston, MA 02210-
3350.
[[Page 309]]
5th....................... Federal Building, 431 757-398-6638
Crawford St.,
Portsmouth, VA 23704-
5004.
7th....................... 909 S.E. First 305-536-5651
Avenue, Miami, FL
33131-3050.
8th....................... Hale Boggs Federal 504-589-6901
Bldg., 500 Camp
Street, New Orleans,
LA 70130-3396.
9th....................... 1240 E. 9th St., 216-902-6045
Cleveland, OH 44199-
2060.
11th...................... Coast Guard Island, 510-437-2940
Building 50-6,
Alameda, CA 94501-
5100.
13th...................... Jackson Federal 206-220-7090
Bldg., 915 Second
Avenue, Seattle, WA
98174-1067.
14th...................... Prince PJKK Federal 808-541-2114
Bldg., Room 9212,
300 Ala Moana Blvd.,
Honolulu, HI 96850-
4982.
17th...................... P.O. Box 25517, 907-463-2199
Juneau, AK 99802-
5517.
------------------------------------------------------------------------
Table 2--Standard Administrative Regions of States and Corresponding
Coast Guard Districts and EPA Regions
------------------------------------------------------------------------
States and EPA region Coast Guard district
------------------------------------------------------------------------
Region I:
Maine.................................... 1st
New Hampshire............................ 1st
Vermont:
All except Northwestern portion...... 1st
Northwestern portion................. 1st
Massachusetts............................ 1st
Connecticut.............................. 1st
Rhode Island............................. 1st
Region II:
New York:
Coastal area and Eastern portion..... 1st
Great Lakes area and other portions.. 9th
New Jersey:
Upper portion........................ 1st
Lower portion........................ 5th
Puerto Rico.............................. 7th
Virgin Islands........................... 7th
Region III:
Pennsylvania:
Eastern portion...................... 5th
Great Lakes area..................... 9th
Southwestern portion................. 8th
Maryland................................. 5th
Delaware................................. 5th
West Virginia............................ 8th
Virginia................................. 5th
District of Columbia..................... 5th
Region IV:
Kentucky................................. 8th
Tennessee................................ 8th
North Carolina........................... 5th
South Carolina........................... 7th
Georgia.................................. 7th
Florida:
Atlantic and Gulf coasts............. 7th
Panhandle area....................... 8th
Alabama 8th
Mississippi 8th
Region V:
Minnesota:
Great Lakes area..................... 9th
Inland rivers area................... 8th
Wisconsin:
Great Lakes area..................... 9th
Inland rivers area................... 8th
Michigan................................. 9th
Illinois:
Great Lakes area..................... 9th
Inland rivers area................... 8th
Indiana:
Great Lakes area..................... 9th
Inland rivers area................... 8th
Ohio:
Great Lakes area..................... 9th
Inland rivers area................... 8th
Region VI:
New Mexico............................... 8th
Texas.................................... 8th
Oklahoma................................. 8th
Arkansas................................. 8th
Louisiana................................ 8th
Region VII:
Nebraska................................. 8th
Iowa..................................... 8th
Kansas................................... 8th
Missouri................................. 8th
Region VIII:
Montana.................................. 13th
Wyoming.................................. 8th
Utah..................................... 11th
Colorado................................. 8th
North Dakota............................. 8th
South Dakota............................. 8th
Region IX:
California............................... 11th
Nevada................................... 11th
Arizona.................................. 11th
Hawaii................................... 14th
Guam..................................... 14th
American Samoa........................... 14th
Trust Territory of the Pacific Islands... 14th
Northern Mariana Islands................. 14th
Region X:
Washington............................... 13th
Oregon................................... 13th
Idaho.................................... 13th
Alaska................................... 17th
------------------------------------------------------------------------
[CGD 84-067, 51 FR 17967, May 16, 1986, as amended by CGD 88-052, 53 FR
25121, July 1, 1988; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-1998-
3799, 63 FR 35530, June 30, 1998; USCG-2000-7223, 65 FR 40057, June 29,
2000]
[[Page 310]]
Subpart C_Removal of Discharged Oil
Sec. 153.301 Purpose.
The purpose of this subpart is to prescribe methods and procedures
to be used to remove discharges of oil from coastal waters.
Sec. 153.303 Applicability.
The provisions of this subpart apply to any owner or operator of a
vessel or onshore or offshore facility from which a discharge of oil
into coastal waters occurs who acts to remove or arranges for the
removal of such discharges.
Sec. 153.305 Methods and procedures for the removal of discharged oil.
Each person who removes or arranges for the removal of a discharge
of oil from coastal waters shall:
(a) Use to the maximum extent possible mechanical methods and
sorbents that:
(1) Most effectively expedite removal of the discharged oil; and
(2) Minimize secondary pollution from the removal operations;
Note: The Federal OSC is authorized by the provisions of the
National Contingency Plan to require or deny the use of specific
mechanical methods and sorbents. Sorbent selection considerations of the
OSC include hydrographic and meteorological conditions, characteristics
of the sorbent, and availability of a mechanical method for containment
and recovery.
(b) Control the source of discharge, prevent further discharges, and
halt or slow the spread of the discharge by mechanical methods or
sorbents or both to the maximum extent possible;
(c) Recover the discharged oil from the water or adjoining
shorelines by mechanical or manual methods or both to the maximum extent
possible;
(d) Use chemical agents only in accordance with the provisions of
Subpart H of the National Contingency Plan and with the prior approval
of the Federal OSC; and
(e) Dispose of recovered oil and oil contaminated materials in
accordance with applicable State and local government procedures.
[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067, 51 FR
17966, May 16, 1986]
Sec. 153.307 Penalties.
Any person who fails or refuses to comply with the provisions of
this part, or to comply with an order issued by the Federal On-Scene
Coordinator under 33 U.S.C. Sec. Sec. 1321(c) or (e)(1)(B), is liable
for a civil penalty per day of violation or an amount equal to three
times the costs incurred by the Oil Spill Liability Trust Fund as a
result of such failure.
[USCG-1998-3799, 63 FR 35531, June 30, 1998]
Subpart D_Administration of the Pollution Fund
Sec. 153.401 Purpose.
This subpart prescribes policies, procedures, and reporting
requirements for the payment from and deposit into the Fund established
pursuant to section 311(k) of the Act.
Sec. 153.403 Applicability.
The provisions of this subpart apply to:
(a) Each Federal and State agency that desires reimbursement from
the Fund for costs incurred during a removal activity; and
(b) The owner or operator of the vessel or onshore or offshore
facility from which a discharge occurs that requires Federal removal
activity.
Sec. 153.405 Liability to the pollution fund.
The owner or operator of the vessel or onshore or offshore facility
from which a discharge occurs that requires Federal removal activity is
liable to the pollution fund for the actual costs of Federal and State
agencies, including the employment and use of personnel and equipment,
not to exceed the limits established by sections 311(f) and (g) of the
Act.
Sec. 153.407 Payments or reimbursements from the pollution fund.
(a) The following costs incurred during performance of a Phase III
activity as defined in Subpart E of the National Contingency Plan, or a
removal action as defined in Subpart F of the National Contingency Plan,
are reimbursable to Federal and State agencies when authorized by the
appropriate OSC under
[[Page 311]]
the authority of section 311(c) of the Act, and are reimbursable to
Federal agencies when authorized by the appropriate Coast Guard or EPA
official in the case of the summary removal or destruction of a vessel,
other ``intervention'' (as defined in Sec. 153.105(e) of this Part), or
any other action under the authority of section 311(d) of the Act or the
Intervention on the High Seas Act (33 U.S.C. 1471 et seq.):
(1) Costs found to be reasonable by the Coast Guard incurred by
government industrial type facilities, including charges for overhead in
accordance with the agency's industrial accounting system.
(2) Actual costs for which an agency is required or authorized by
any law to obtain full reimbursement.
(3) Costs found to be reasonable by the Coast Guard incurred as a
result of removal activity that are not ordinarily funded by an agency's
regular appropriations and that are not incurred during normal
operations. These costs include, but are not limited to, the following:
(i) Travel (transportation and per diem) specifically requested of
the agency by the On-Scene Coordinator.
(ii) Overtime for civilian personnel specifically requested of the
agency by the On-Scene Coordinator.
(iii) Incremental operating costs for vessels, aircraft, vehicles,
and equipment incurred in connection with the removal activity.
(iv) Supplies, materials, and equipment procured for the specific
removal activity and fully expended during the removal activity.
(v) Lease or rental of equipment for the specific removal activity.
(vi) Contract costs for the specific removal activity.
(4) Claims payable under Part 25, Subpart H of this title.
(b) The District Commander may authorize the direct payment of the
costs found to be reasonable under paragraph (a)(3) of this section.
Direct payment may only be made to Federal or State agencies, or to
Federal contractors or suppliers. Direct payments to State or local
agency contractors or suppliers will not be authorized.
(c) The Pollution Fund is not available to pay any foreign, Federal,
State or local government or agency for the payment or reimbursement of
its costs incurred in the removal of oil or hazardous substances
discharged from a vessel or facility that it owns or operates.
Note: Federal procurement procedures governing contracts to purchase
property and services apply to costs incurred as a result of removal
activity. Where the public exigency will not permit the delay incident
to advertising, purchases and contracts are negotiated pursuant to 10
U.S.C. 2304(a)(2) or 41 U.S.C. 252(c)(2), as applicable.
[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067, 51 FR
17967, May 16, 1986]
Sec. 153.411 Procedures for payment of judgments.
An owner or operator of a vessel or an onshore or offshore facility
who obtains a judgment against the United States under section 311(i) of
the Act may have the judgment satisfied by requesting payment of the
judgment in writing from the Commandant (G-L), 2100 Second Street SW.,
Washington, D.C. 20593. This request must be accompanied by a copy of
the judgment and must designate to whom payment should be made.
Sec. 153.413 Deposit of money into the fund.
Any person liable for the payment of the following shall remit
payment by check or postal money order, payable to the U.S. Coast Guard,
to the cognizant District Commander, or to the Commandant for deposit
into the Pollution Fund as prescribed in section 311(k) of the Act:
(a) A fine or penalty imposed, assessed, or compromised under
section 311 of the Act, including the proceeds of a bond or other surety
obtained pursuant to section 311(b)(6).
(b) A claim asserted by the cognizant District Commander for costs
recoverable under sections 311 (f) and (g) of the Act.
(c) A judgment obtained by the United States for costs recoverable
under sections 311 (f) and (g) of the Act.
Sec. 153.415 Cost summary reports.
As soon as practicable after completion of an action authorized
under section 311 (c) or (d) of the Act or the
[[Page 312]]
Intervention on the High Seas Act, the OSC submits a cost summary report
to the cognizant District Commander that includes:
(a) Names of agencies and contractors authorized to participate in
the action;
(b) A general description of the function performed by each
participating agency and contractor;
(c) An estimate of the cost of each function performed by each
participating agency and contractor; and
(d) A copy of contracts, memoranda, or other documents pertaining to
the functions performed by the participating agencies and contractors.
[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067, 51 FR
17967, May 16, 1986]
Sec. 153.417 Reimbursement for actions under section 311(c) or 311(d)
of the Act of the Intervention on the High Seas Act.
(a) Each Federal or State agency requesting reimbursement for an
action authorized under section 311(c) or 311(d) of the Act or under the
Intervention on the High Seas Act must, within 60 days after completion
of the action, submit to the cognizant District Commander, through the
OSC for review and certification required in paragraph (b) of this
section, lists accompanied by supporting accounting data, itemizing
actual costs incurred.
(b) Requests for reimbursement submitted by Federal and State
agencies are reviewed by the OSC to ensure that the costs for which
reimbursement is being sought were authorized as Phase III removal
actions for oil discharges, or removal actions as defined in Subpart F
for hazardous substance discharges, and must have one of the following
certifications by the OSC, as appropriate:
(1) I certify that the actions for which reimbursement is being
requested in the attached statements were authorized by me as [(Phase
III oil removal actions) or (hazardous substance removal actions)], and
reasonable costs related thereto are proper for payment from the
Pollution Fund.
________________________________________________________________________
(OSC signature)
________________________________________________________________________
(Incident title)
________________________________________________________________________
(Pollution incident project number)
(2) I certify that, except as noted below, the actions for which
reimbursement is being requested in the attached statements were
authorized by me as [(Phase III oil removal actions) or (hazardous
substance removal actions)], and reasonable costs related thereto are
proper for payment from the Pollution Fund. The following actions were
not authorized by me and are not subject to reimbursement from the
Pollution Fund:
________________________________________________________________________
(OSC Signature)
________________________________________________________________________
(Incident title)
________________________________________________________________________
(Pollution incident project number)
[CGD 84-067, 51 FR 17967, May 16, 1986]
PART 154_FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK
--Table of Contents
Subpart A_General
Sec.
154.100 Applicability.
154.105 Definitions.
154.106 Incorporation by reference.
154.107 Alternatives.
154.108 Exemptions.
154.110 Letter of intent.
154.120 Facility examinations.
Subpart B_Operations Manual
154.300 Operations manual: General.
154.310 Operations manual: Contents.
154.320 Operations manual: Amendment.
154.325 Operations manual: Procedures for examination.
Subpart C_Equipment Requirements
154.500 Hose assemblies.
154.510 Loading arms.
154.520 Closure devices.
154.525 Monitoring devices.
154.530 Small discharge containment.
154.540 Discharge removal.
154.545 Discharge containment equipment.
154.550 Emergency shutdown.
154.560 Communications.
154.570 Lighting.
Subpart D_Facility Operations
154.700 General.
154.710 Persons in charge: Designation and qualification.
[[Page 313]]
154.730 Persons in charge: Evidence of designation.
154.735 Safety requirements.
154.740 Records.
154.750 Compliance with operations manual.
Subpart E_Vapor Control Systems
154.800 Applicability.
154.802 Definitions.
154.804 Review, certification, and initial inspection.
154.806 Application for acceptance as a certifying entity.
154.808 Vapor control system, general.
154.810 Vapor line connections.
154.812 Facility requirements for vessel liquid overfill protection.
154.814 Facility requirements for vessel vapor overpressure and vacuum
protection.
154.820 Fire, explosion, and detonation protection.
154.822 Detonation arresters, flame arresters, and flame screens.
154.824 Inerting, enriching, and diluting systems.
154.826 Vapor compressors and blowers.
154.828 Vapor recovery and vapor destruction units.
154.840 Personnel training.
154.850 Operational requirements.
Subpart F_Response Plans for Oil Facilities
154.1010 Purpose.
154.1015 Applicability.
154.1016 Facility classification by COTP.
154.1017 Response plan submission requirements.
154.1020 Definitions.
154.1025 Operating restrictions and interim operating authorization.
154.1026 Qualified individual and alternate qualified individual.
154.1028 Methods of ensuring the availability of response resources by
contract or other approved means.
154.1029 Worst case discharge.
154.1030 General response plan contents.
154.1035 Specific requirements for facilities that could reasonably be
expected to cause significant and substantial harm to the
environment.
154.1040 Specific requirements for facilities that could reasonably be
expected to cause substantial harm to the environment.
154.1041 Specific response information to be maintained on mobile MTR
facilities.
154.1045 Response plan development and evaluation criteria for
facilities that handle, store, or transport Group I through
Group IV petroleum oils.
154.1047 Response plan development and evaluation criteria for
facilities that handle, store, or transport Group V petroleum
oils.
154.1050 Training.
154.1055 Exercises.
154.1057 Inspection and maintenance of response resources.
154.1060 Submission and approval procedures.
154.1065 Plan review and revision procedures.
154.1070 Deficiencies.
154.1075 Appeal process.
Subpart G_Additional Response Plan Requirements for a Trans-Alaska
Pipeline Authorization Act (TAPAA) Facility Operating in Prince William
Sound, Alaska
154.1110 Purpose and applicability.
154.1115 Definitions.
154.1120 Operating restrictions and interim operating authorization.
154.1125 Additional response plan requirements.
154.1130 Requirements for prepositioned response equipment.
154.1135 Response plan development and evaluation criteria.
154.1140 TAPAA facility contracting with a vessel.
Subpart H_Response Plans for Animal Fats and Vegetable Oils Facilities
154.1210 Purpose and applicability.
154.1216 Facility classification.
154.1220 Response plan submission requirements.
154.1225 Specific response plan development and evaluation criteria and
other requirements for fixed facilities that handle, store, or
transport animal fats or vegetable oils.
154.1228 Methods of ensuring the availability of response resources by
contract or other approved means.
154.1240 Specific requirements for animal fats and vegetable oils
facilities that could reasonably be expected to cause
substantial harm to the environment.
Subpart I_Response Plans for Other Non-Petroleum Oil Facilities
154.1310 Purpose and applicability.
154.1320 Response plan submission requirements.
154.1325 Response plan development and evaluation criteria for
facilities that handle, store, or transport other non-
petroleum oils.
Appendix A to Part 154--Guidelines for Detonation Flame Arresters
Appendix B to Part 154--Standard Specification for Tank Vent Flame
Arresters
Appendix C to Part 154--Guidelines for Determining and Evaluating
Required
[[Page 314]]
Response Resources for Facility Response Plans
Appendix D to Part 154--Training Elements for Oil Spill Response Plans
Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), and
(m)(2); sec. 2, E.O. 12777, 56 FR 54757; Department of Homeland Security
Delegation No. 0170.1. Subpart F is also issued under 33 U.S.C. 2735.
Subpart A_General
Sec. 154.100 Applicability.
(a) This part applies to each facility that is capable of
transferring oil or hazardous materials, in bulk, to or from a vessel,
where the vessel has a total capacity, from a combination of all bulk
products carried, of 39.75 cubic meters (250 barrels) or more. This part
does not apply to the facility when it is in a caretaker status. This
part does not apply to any offshore facility operating under the
jurisdiction of the Secretary of the Department of Interior.
(b) Upon written notice to the facility operator, the COTP may
apply, as necessary for the safety of the facility, its personnel, or
the public, all or portions of Sec. 154.735 to each facility that is
capable of transferring oil or hazardous material, in bulk, only to or
from a vessel with a capacity of less than 250 barrels. If the facility
is in caretaker status, the COTP may not apply the provisions of Sec.
154.735 to the facility if its storage tanks and piping are gas free.
(c) Upon a determination by the COTP under Sec. 154.1016 that an
MTR facility, as defined in subpart F, could reasonably be expected to
cause substantial harm to the environment by discharging oil into or on
the navigable waters, adjoining shorelines, or exclusive economic zone,
subpart F of this part is applicable to the facility.
(d) The following sections of this part apply to mobile facilities:
(1) Section 154.105 Definitions.
(2) Section 154.107 Alternatives.
(3) Section 154.108 Exemptions.
(4) Section 154.110 Letter of Intent.
(5) Section 154.120 Facility examinations.
(6) Section 154.300 Operations Manual: General.
(7) Section 154.310 Operations Manual: Contents. Paragraphs (a)(2),
(a)(3), (a)(5) through (a)(7), (a)(9), (a)(12), (a)(14), (a)(16),
(a)(17)(ii) through (a)(17)(iv), (a)(18), (a)(20) through (23), (c) and
(d).
(8) Section 154.320 Operations Manual: Amendment.
(9) Section 154.325 Operations Manual: Procedures for examination.
(10) Section 154.500 Hose assemblies. Paragraphs (a), (b), (c),
(d)(1) through (3) and (e)(1) through (3).
(11) Section 154.520 Closure devices.
(12) Section 154.530 Small discharge containment. Paragraphs (a)(1)
through (3) and (d).
(13) Section 154.545 Discharge containment equipment.
(14) Section 154.550 Emergency shutdown.
(15) Section 154.560 Communications.
(16) Section 154.570 Lighting. Paragraphs (c) and (d).
(17) Section 154.700 General.
(18) Section 154.710 Persons in charge: Designation and
qualification. Paragraphs (a) through (c), (d)(1) through (3), (d)(7)
and (e).
(19) Section 154.730 Persons in charge: Evidence of designation.
(20) Section 154.735 Safety requirements. Paragraphs (d), (f), (g),
(j)(1) through (2), (k)(1) through (2), (m), (o) through (q), (r)(1)
through (3), (s) and (v).
(21) Section 154.740 Records. Paragraphs (a) through (f) and (j).
(22) Section 154.750 Compliance with Operations Manual.
[CGD 86-034, 55 FR 36252, Sept. 4, 1990, as amended by CGD 91-036, 58 FR
7352, Feb. 5, 1993; CGD 93-056, 61 FR 41457, Aug. 8, 1996]
Sec. 154.105 Definitions.
As used in this part:
Barrel means a quantity of liquid equal to 42 U.S. gallons.
Boundary Line means any of the lines described in 46 CFR part 7.
Captain of the Port (COTP) means the U.S. Coast Guard officer
commanding a Captain of the Port Zone described in Part 3 of this
chapter, or that person's authorized representative.
Caretaker Status denotes a facility where all piping, hoses, loading
arms, storage tanks, and related equipment in the marine transfer area
are completely free of oil or hazardous materials, where these
components have been certified as being gas free, where
[[Page 315]]
piping, hoses, and loading arms terminating near any body of water have
been blanked, and where the facility operator has notified the COTP that
the facility will be in caretaker status.
Commandant means the Commandant of the Coast Guard or an authorized
representative.
Contiguous Zone means the entire zone established by the United
States under Article 24 of the Convention on the Territorial Sea and the
Contiguous Zone, but not extending beyond 12 miles from the baseline
from which the breadth of the territorial sea is measured.
District Commander means the officer of the Coast Guard designated
by the Commandant to command a Coast Guard District, as described in
Part 3 of this chapter or an authorized representative.
Facility means either an onshore or offshore facility, except for an
offshore facility operating under the jurisdiction of the Secretary of
the Department of Interior, and includes, but is not limited to,
structure, equipment, and appurtenances thereto, used or capable of
being used to transfer oil or hazardous materials to or from a vessel or
public vessel. Also included are facilities that tank clean or strip and
any floating structure that is used to support an integral part of the
facility's operation. A facility includes federal, state, municipal, and
private facilities.
Facility operator means the person who owns, operates, or is
responsible for the operation of the facility.
Hazardous material means a liquid material or substance, other than
oil or liquefied gases, listed under 46 CFR 153.40 (a), (b), (c), or
(e).
Marine transfer area means that part of a waterfront facility
handling oil or hazardous materials in bulk between the vessel, or where
the vessel moors, and the first manifold or shutoff valve on the
pipeline encountered after the pipeline enters the secondary containment
required under 40 CFR 112.7 or 49 CFR 195.264 inland of the terminal
manifold or loading arm, or, in the absence of secondary containment, to
the valve or manifold adjacent to the bulk storage tank, including the
entire pier or wharf to which a vessel transferring oil or hazardous
materials is moored.
MARPOL 73/78 means the International Convention for the Prevention
of Pollution from Ships, 1973 (done at London, November 2, 1973) as
modified by the Protocol of 1978 relating to the International
Convention for the Prevention of Pollution from Ships, 1973 (done at
London, February 17, 1978).
Mobile facility means any facility that can readily change location,
such as a tank truck or tank car, other than a vessel or public vessel.
Monitoring device means any fixed or portable sensing device used to
monitor for a discharge of oil or hazardous material onto the water,
within or around a facility, and designed to notify operating personnel
of a discharge of oil or hazardous material.
Officer in Charge, Marine Inspection (OCMI) means the U.S. Coast
Guard officer commanding a Marine Inspection Zone described in Part 3 of
this chapter, or an authorized representative.
Offshore facility means any facility of any kind located in, on, or
under, any of the navigable waters of the United States, and any
facility of any kind which is subject to the jurisdiction of the United
States and is located in, on, or under any other waters, other than a
vessel or a public vessel.
Oil means oil of any kind or in any form, including but not limited
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes
other than dredged spoil.
Onshore facility means any facility (including, but not limited to,
motor vehicles and rolling stock) of any kind located in, on, or under
any land within the United States other than submerged land.
Person in charge means an individual designated as a person in
charge of transfer operations under Sec. 154.710 (for facilities) or
Sec. 155.700 (for vessels) of this chapter.
STCW means the International Convention on Standards of Training,
Certification, and Watchkeeping for Seafarers, 1978.
Self-propelled tank vessel means a self-propelled tank vessel other
than a tankship.
Tank barge means a non-self-propelled tank vessel.
[[Page 316]]
Tankship means a self-propelled tank vessel constructed or adapted
primarily to carry oil or hazardous material in bulk in the cargo
spaces.
Tank vessel means a vessel that is constructed or adapted to carry,
or that carries, oil or hazardous material in bulk as cargo or cargo
residue, and that--
(a) Is a vessel of the United States;
(b) Operates on the navigable waters of the United States; or
(c) Transfers oil or hazardous material in a port or place subject
to the jurisdiction of the United States.
Transfer means any movement of oil or hazardous material to, from,
or within a vessel by means of pumping, gravitation, or displacement. A
transfer is considered to begin when the person in charge on the
transferring vessel or facility and the person in charge on the
receiving facility or vessel first meet to begin completing the
declaration of inspection as required by Sec. 156.150 of this chapter.
A transfer is considered to be complete when all the connections for the
transfer have been uncoupled and secured with blanks or other closure
devices and both of the persons in charge have completed the declaration
of inspection to include the date and time the transfer was complete.
Vessel operator means a person who owns, operates, or is responsible
for the operation of a vessel.
[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36252, Sept. 4, 1990; CGD 79-116, 60 FR 17141, Apr. 4, 1995; CGD 93-056,
61 FR 41458, Aug. 8, 1996; 62 FR 3610, Jan. 24, 1997; CGD 79-116, 62 FR
25125, May 8, 1997]
Sec. 154.106 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in paragraph (b) of this section, the Coast Guard
must publish notice of change in the Federal Register and make the
material available to the public. All approved material is available for
inspection at the U.S. Coast Guard, Office of the Compliance (G-MOC),
Room 1116, 2100 Second Street SW., Washington, DC 20593-0001, and at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html. All approved material is available from
the sources indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part and the sections affected are:
American Petroleum Institute (API)
2101 L Street NW., Washington, DC 20037
API Standard 2000, Venting Atmospheric and Low-Pressure Storage Tanks
(Nonrefrigerated and Refrigerated), Third Edition, January 1982
(reaffirmed December 1987).......................................154.814
API Recommended Practice 550, Manual on Installation of Refinery
Instruments and Control Systems, Part II--Process Stream Analyzers,
Section 1--Oxygen Analyzers, Fourth Edition, February 1985.......154.824
American National Standards Institute (ANSI)
11 West 42nd Street, New York, NY 10036
ANSI B16.5, Steel Pipe Flanges and Flanged Fittings, 1988.......154.500;
154.808; 154.810
ANSI B16.24, Bronze Pipe Flanges and Flange Fittings Class 150 and 300,
1979....................................................154.500; 154.808
ANSI B31.3, Chemical Plant and Petroleum Refinery Piping, 1987
(including B31.3a-1988, B31.3b-1988, and B31.3c-1989 addenda)...154.510;
154.808
American Society for Testing and Materials (ASTM)
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
ASTM F 631-93, Standard Guide for Collecting Skimmer Performance Data in
Controlled Environments.......................................Appendix C
ASTM F 715-95, Standard Test Methods for Coated Fabrics Used for Oil
Spill Control and Storage.....................................Appendix C
ASTM F 722-82 (1993), Standard Specification for Welded Joints for
Shipboard Piping Systems..........................Appendix A; Appendix B
ASTM F 1122-87 (1992), Standard Specification for Quick Disconnect
Couplings........................................................154.500
ASTM F 1155-98, Standard Practice for Selection and Application of
Piping System Materials............................Appendix A;
[[Page 317]]
Appendix B
International Electrotechnical Commission (IEC)
Bureau Central de la Commission Electrotechnique Internationale, 1 rue
de Varembe, Geneva, Switzerland
IEC 309-1--Plugs, Socket-Outlets and Couplers for Industrial Purposes:
Part 1, General Requirements, 1979...............................154.812
IEC 309-2--Plugs, Socket-Outlets and Couplers for Industrial Purposes;
Part 2, Dimensional Interchangeability Requirements for Pin and Contact-
tube Accessories, 1981...........................................154.812
National Electrical Manufacturers Association (NEMA)
2101 L Street NW., Washington, DC 20036
ANSI NEMA WD-6--Wiring Devices, Dimensional Requirements, 1988...154.812
National Fire Protection Association (NFPA)
1 Batterymarch Park, Quincy, MA 02269-9101
NFPA 51B, Standard for Fire Prevention in Use of Cutting and Welding
Processes, 1994..................................................154.735
Oil Companies International Marine Forum (OCIMF)
96 Victoria Street, 15th Floor, London SW1E 5JW, England
International Safety Guide for Oil Tankers and Terminals, Section 6.10,
Fourth Ed., 1996.................................................154.810
International Safety Guide for Oil Tankers and Terminals, Sections 9.1,
9.2, 9.3 and 9.5, Fourth Ed., 1996...............................154.735
[CGD 88-032, 56 FR 35819, July 29, 1991, as amended by CGD 91-036, 58 FR
7352, Feb. 5, 1993; CGD 96-026, 61 FR 33665, June 28, 1996; CGD 93-056,
61 FR 41458, Aug. 8, 1996; 61 FR 42462, Aug. 15, 1996; USCG-1999-5151,
64 FR 67175, Dec. 1, 1999; 69 FR 18803, Apr. 9, 2004; USCG-2004-18057,
69 FR 34926, June 23, 2004]
Sec. 154.107 Alternatives.
(a) The COTP may consider and approve alternative procedures,
methods, or equipment standards to be used by a facility operator in
lieu of any requirement in this part if:
(1) Compliance with the requirement is economically or physically
impractical;
(2) The alternative provides an equivalent level of safety and
protection from pollution by oil or hazardous material, which is
documented in the request; and
(3) The facility operator submits a written request for the
alternative.
(b) The COTP takes final approval or disapproval action on the
request, submitted in accordance with paragraph (a) of this section, in
writing within 30 days of receipt of the request.
[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36252, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996]
Sec. 154.108 Exemptions.
(a) The Assistant Commandant for Marine Safety, Security and
Environmental Protection, acting for the Commandant, grants an exemption
or partial exemption from compliance with any requirement in this part
if:
(1) A facility operator submits an application for the exemption via
the COTP; and
(2) It is determined, from the application, that:
(i) Compliance with the requirement is economically or physically
impractical;
(ii) No alternative procedures, methods, or equipment standards
exist that would provide an equivalent level of safety and protection
from pollution by oil or hazardous material; and
(iii) The likelihood of oil or hazardous material being discharged
is not substantially increased as a result of the exemption.
(b) If requested, the applicant must submit any appropriate
information, including an environmental and economic assessment of the
effects of and reasons for the exemption, and proposed procedures,
methods or equipment standards.
(c) The exemption may specify the procedures, methods, or equipment
standards that will apply.
(d) An exemption is granted or denied in writing. The decision of
the Assistant Commandant for Marine Safety, Security and Environmental
Protection is a final agency action.
[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 88-052, 53 FR
25122, July 1, 1988; CGD 86-034, 55 FR 36252, Sept. 4, 1990; 55 FR
49997, Dec. 4, 1990; CGD 96-026, 61 FR 33666, June 28, 1996; CGD 93-056,
61 FR 41458, Aug. 8, 1996; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-
2002-12471, 67 FR 41333, June 18, 2002]
[[Page 318]]
Sec. 154.110 Letter of intent.
(a) The facility operator of any facility to which this part applies
must submit a letter of intent to operate a facility or to conduct
mobile facility operations to the COTP not less than 60 days before the
intended operations unless a shorter period is allowed by the COTP.
Previously submitted letters of intent need not be resubmitted.
(b) The letter of intent required by paragraph (a) of this section
may be in any form but must contain:
(1) The names, addresses, and telephone numbers of the facility
operator and the facility owner;
(2) The name, address, and telephone number of the facility or, in
the case of a mobile facility, the dispatching office; and
(3) Except for a mobile facility, the geographical location of the
facility in relation to the associated body of navigable waters.
(c) The facility operator of any facility for which a letter of
intent has been submitted, shall within five (5) days advise the COTP in
writing of any changes of information and shall cancel, in writing, the
letter for any facility at which transfer operations are no longer
conducted.
[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36252, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996]
Sec. 154.120 Facility examinations.
(a) The facility operator shall allow the Coast Guard, at any time,
to make any examination and shall perform, upon request, any test to
determine compliance with this part and part 156, as applicable. The
facility operator shall conduct all required testing of facility
equipment in a manner acceptable to the Coast Guard.
(b) The COTP shall provide the facility operator with a written
report of the results of the examination for the record required by
Sec. 154.740(e) and shall list the deficiencies in the report when the
facility is not in compliance with the requirements in this part and
Part 156 of this chapter.
[CGD 75-124, 45 FR 7169, Jan. 31, 1980]
Subpart B_Operations Manual
Sec. 154.300 Operations manual: General.
(a) The facility operator of each facility to which this part
applies shall submit, with the letter of intent, two copies of an
Operations Manual that:
(1) Describes how the applicant meets the operating rules and
equipment requirements prescribed by this part and Part 156 of this
chapter;
(2) Describes the responsibilities of personnel under this part and
Part 156 of this chapter in conducting transfer operations; and
(3) Includes translations into a language or languages understood by
all designated persons in charge of transfer operations employed by the
facility.
(b) The facility operator shall maintain the operations manual so
that it is:
(1) Current; and
(2) Readily available for examination by the COTP.
(c) The COTP shall examine the Operations Manual when submitted,
after any substantial amendment, and as otherwise required by the COTP.
(d) In determining whether the manual meets the requirements of this
part and Part 156 of this chapter the COTP shall consider the size,
complexity, and capability of the facility.
(e) If the manual meets the requirements of this part and part 156
of this chapter, the COTP will return one copy of the manual marked
``Examined by the Coast Guard'' as described in Sec. 154.325.
(f) The facility operator shall ensure that a sufficient number of
copies of the examined Operations Manual, including a sufficient number
of the translations required by paragraph (a)(3) of this section, are
readily available for each facility person in charge while conducting a
transfer operation.
Note: The facility operator may request that the contents of the
operations manual or portions thereof be considered commercial or
financial information that is privileged or confidential. Under the
Freedom of Information Act, the Coast Guard would withhold any part of
the contents of the operations
[[Page 319]]
manual from public disclosure upon determining that it is commercial or
financial information that is privileged or confidential.
[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996]
Sec. 154.310 Operations manual: Contents.
(a) Each operations manual required by Sec. 154.300 must contain:
(1) The geographic location of the facility;
(2) A physical description of the facility including a plan and/or
plans, maps, drawings, aerial photographs or diagrams, showing the
boundaries of the facility subject to Coast Guard jurisdiction, mooring
areas, transfer locations, control stations, wharfs, the extent and
scope of the piping subject to the tests required by Sec. 156.170(c)(4)
of this chapter, and the locations of safety equipment. For mobile
facilities, a physical description of the facility;
(3) The hours of operation of the facility;
(4) The sizes, types, and number of vessels that the facility can
transfer oil or hazardous material to or from simultaneously;
(5) For each product transferred at the facility:
(i) Generic or chemical name; and
(ii) The following cargo information:
(a) The name of the cargo as listed under appendix II of annex II of
MARPOL 73/78, Table 30.25-1 of 46 CFR 30.25-1, Table 151.05 of 46 CFR
151.05-1, or Table 1 of 46 CFR part 153.
(b) A description of the appearance of the cargo;
(c) A description of the odor of the cargo;
(d) The hazards involved in handling the cargo;
(e) Instructions for safe handling of the cargo;
(f) The procedures to be followed if the cargo spills or leaks, or
if a person is exposed to the cargo; and
(g) A list of fire fighting procedures and extinguishing agents
effective with fires involving the cargo.
(6) The minimum number of persons on duty during transfer operations
and their duties;
(7) The name and telephone number of the qualified individual
identified under Sec. 154.1026 of this part and the title and/or
position and telephone number of the Coast Guard, State, local, and
other personnel who may be called by the employees of the facility in an
emergency;
(8) The duties of watchmen, required by Sec. 155.810 of this
chapter and 46 CFR 35.05-15, for unmanned vessels moored at the
facility;
(9) A description of each communication system required by this
part;
(10) The location and facilities of each personnel shelter, if any;
(11) A description and instructions for the use of drip and
discharge collection and vessel slop reception facilities, if any;
(12) A description and the location of each emergency shutdown
system;
(13) Quantity, types, locations, and instructions for use of
monitoring devices if required by Sec. 154.525;
(14) Quantity, type, location, instructions for use, and time limits
for gaining access to the containment equipment required by Sec.
154.545;
(15) Quantity, type, location, and instructions for use of fire
extinguishing equipment required by Sec. 154.735(d) of this part;
(16) The maximum allowable working pressure (MAWP) of each loading
arm, transfer pipe system, and hose assembly required to be tested by
Sec. 156.170 of this chapter, including the maximum relief valve
setting (or maximum system pressure when relief valves are not provided)
for each transfer system;
(17) Procedures for:
(i) Operating each loading arm including the limitations of each
loading arm;
(ii) Transferring oil or hazardous material;
(iii) Completion of pumping; and
(iv) Emergencies;
(18) Procedures for reporting and initial containment of oil or
hazardous material discharges;
(19) A brief summary of applicable Federal, state, and local oil or
hazardous material pollution laws and regulations;
(20) Procedures for shielding portable lighting authorized by the
COTP under Sec. 154.570(c); and
(21) A description of the training and qualification program for
persons in charge.
[[Page 320]]
(22) Statements explaining that each hazardous materials transfer
hose is marked with either the name of each product which may be
transferred through the hose or with letters, numbers, symbols, color
codes or other system acceptable to the COTP representing all such
products and the location in the Operations Manual where a chart or list
of symbols utilized is located and a list of the compatible products
which may be transferred through the hose can be found for consultation
before each transfer; and
(23) For facilities that conduct tank cleaning or stripping
operations, a description of their procedures.
(b) lf a facility collects vapors emitted from vessel cargo tanks
for recovery, destruction, or dispersion, the operations manual must
contain a description of the vapor collection system at the facility
which includes:
(1) A line diagram or simplified piping and instrumentation diagram
(P&ID) of the facility's vapor control system piping, including the
location of each valve, control device, pressure-vacuum relief valve,
pressure indicator, flame arrester, and detonation arrester; and
(2) A description of the vapor control system's design and operation
including the:
(i) Vapor line connection;
(ii) Startup and shutdown procedures;
(iii) Steady state operating procedures;
(iv) Provisions for dealing with pyrophoric sulfide (for facilities
which handle inerted vapors of cargoes containing sulfur);
(v) Alarms and shutdown devices; and
(vi) Pre-transfer equipment inspection requirements.
(c) The facility operator shall incorporate a copy of each amendment
to the operations manual under Sec. 154.320 in each copy of the manual
with the related existing requirement, or add the amendment at the end
of each manual if not related to an existing requirement.
(d) The operations manual must be written in the order specified in
paragraph (a) of this section, or contain a cross-referenced index page
in that order.
(Approved by the Office of Management and Budget under control number
2115-0078)
[CGD 75-124, 45 FR 7171, Jan. 31, 1980, as amended by CGD 88-102, 55 FR
25428, June 21, 1990; CGD 86-034, 55 FR 36253, Sept. 4, 1990; CGD 92-
027, 58 FR 39662, July 26, 1993; CGD 93-056, 61 FR 41459, Aug. 8, 1996]
Sec. 154.320 Operations manual: Amendment.
(a) Using the following procedures, the COTP may require the
facility operator to amend the operations manual if the COTP finds that
the operations manual does not meet the requirements in this part:
(1) The COTP will notify the facility operator in writing of any
inadequacies in the Operations Manual. The facility operator may submit
written information, views, and arguments regarding the inadequacies
identified, and proposals for amending the Manual, within 45 days from
the date of the COTP notice. After considering all relevant material
presented, the COTP shall notify the facility operator of any amendment
required or adopted, or the COTP shall rescind the notice. The amendment
becomes effective 60 days after the facility operator receives the
notice, unless the facility operator petitions the Commandant to review
the COTP's notice, in which case its effective date is delayed pending a
decision by the Commandant. Petitions to the Commandant must be
submitted in writing via the COTP who issued the requirement to amend
the Operations Manual.
(2) If the COTP finds that there is a condition requiring immediate
action to prevent the discharge or risk of discharge of oil or hazardous
material that makes the procedure in paragraph (a)(1) of this section
impractical or contrary to the public interest, the COTP may issue an
amendment effective on the date the facility operator receives notice of
it. In such a case, the COTP shall include a brief statement of the
reasons for the findings in the notice. The owner or operator may
petition the Commandant to review the amendment, but the petition does
not delay the amendment.
[[Page 321]]
(b) The facility operator may propose amendments to the operations
manual by:
(1) Submitting any proposed amendment and reasons for the amendment
to the COTP not less than 30 days before the requested effective date of
the proposed amendment; or
(2) If an immediate amendment is needed, requesting the COTP to
approve the amendment immediately.
(c) The COTP shall respond to proposed amendments submitted under
paragraph (b) of this section by:
(1) Approving or disapproving the proposed amendments;
(2) Advising the facility operator whether the request is approved,
in writing, before the requested date of the amendments;
(3) Including any reasons in the written response if the request is
disapproved; and
(4) If the request is made under paragraph (b)(2) of this section
immediately approving or rejecting the request.
(d) Amendments to personnel and telephone number lists required by
Sec. 154.310(a)(7) of this part do not require examination by the COTP,
but the COTP must be advised of such amendments as they occur.
[CGD 75-124, 45 FR 7171, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41459, Aug. 8, 1996]
Sec. 154.325 Operations manual: Procedures for examination.
(a) The operator of a facility shall submit two copies of the
Operations Manual to the Captain of the Port of the zone in which the
facility is located.
(b) Not less than 60 days prior to any transfer operation, the
operator of a new facility shall submit, with the letter of intent, two
copies of the Operations Manual to the Captain of the Port of the zone
in which the facility is located.
(c) After a facility is removed from caretaker status, not less than
30 days prior to any transfer operation the operator of that facility
shall submit two copies of the Operations Manual to the COTP of the zone
in which the facility is located unless the manual has been previously
examined and no changes have been made since the examination.
(d) If the COTP finds that the Operations Manual meets the
requirements of this part and part 156 of this chapter, the COTP will
return one copy of the manual to the operator marked ``Examined by the
Coast Guard''.
(e) If the COTP finds that the Operations Manual does not meet the
requirements of this part and/or part 156 of this chapter, the COTP will
return the manuals with an explanation of why it does not meet the
requirements of this chapter.
(f) No person may use any Operations Manual for transfer operations
as required by this chapter unless the Operations Manual has been
examined by the COTP.
(g) The Operations Manual is voided if the facility operator--
(1) Amends the Operations Manual without following the procedures in
Sec. 154.320 of this part;
(2) Fails to amend the Operations Manual when required by the COTP;
or
(3) Notifies the COTP in writing that the facility will be placed in
caretaker status.
[CGD 93-056, 61 FR 41459, Aug. 8, 1996]
Subpart C_Equipment Requirements
Sec. 154.500 Hose assemblies.
Each hose assembly used for transferring oil or hazardous material
must meet the following requirements:
(a) The minimum design burst pressure for each hose assembly must be
at least four times the sum of the pressure of the relief valve setting
(or four times the maximum pump pressure when no relief valve is
installed) plus the static head pressure of the transfer system, at the
point where the hose is installed.
(b) The maximum allowable working pressure (MAWP) for each hose
assembly must be more than the sum of the pressure of the relief valve
setting (or the maximum pump pressure when no relief valve is installed)
plus the static head pressure of the transfer system, at the point where
the hose is installed.
(c) Each nonmetallic hose must be usable for oil or hazardous
material service.
[[Page 322]]
(d) Each hose assembly must either have:
(1) Full threaded connections;
(2) Flanges that meet standard B16.5, Steel Pipe Flanges and Flang
Fittings, or standard B.16.24, Brass or Bronze Pipe Flanges, of the
American National Standards Institute (ANSI); or
(3) Quick-disconnect couplings that meet ASTM F 1122 (incorporated
by reference, see Sec. 154.106).
(e) Each hose must be marked with one of the following:
(1) The name of each product for which the hose may be used; or
(2) For oil products, the words ``OIL SERVICE''; or
(3) For hazardous materials, the words ``HAZMAT SERVICE--SEE LIST''
followed immediately by a letter, number or other symbol that
corresponds to a list or chart contained in the facility's operations
manual or the vessel's transfer procedure documents which identifies the
products that may be transferred through a hose bearing that symbol.
(f) Each hose also must be marked with the following, except that
the information required by paragraphs (f)(2) and (3) of this section
need not be marked on the hose if it is recorded in the hose records of
the vessel or facility, and the hose is marked to identify it with that
information:
(1) Maximum allowable working pressure;
(2) Date of manufacture; and
(3) Date of the latest test required by Sec. 156.170.
(g) The hose burst pressure and the pressure used for the test
required by Sec. 156.170 of this chapter must not be marked on the hose
and must be recorded elsewhere at the facility as described in paragraph
(f) of this section.
(h) Each hose used to transfer fuel to a vessel that has a fill pipe
for which containment can not practically be provided must be equipped
with an automatic back pressure shutoff nozzle.
[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36253, Sept. 4, 1990; CGD 88-032, 56 FR 35820, July 29, 1991; CGD 92-
027, 58 FR 39662, July 26, 1993; CGD 93-056, 61 FR 41459, Aug. 8, 1996;
USCG-2000-7223, 65 FR 40057, June 29, 2000]
Sec. 154.510 Loading arms.
(a) Each mechanical loading arm used for transferring oil or
hazardous material and placed into service after June 30, 1973, must
meet the design, fabrication, material, inspection, and testing
requirements in ANSI B31.3.
(b) The manufacturer's certification that the standard in paragraph
(a) of this section has been met must be permanently marked on the
loading arm or recorded elsewhere at the facility with the loading arm
marked to identify it with that information.
(c) Each mechanical loading arm used for transferring oil or
hazardous material must have a means of being drained or closed before
being disconnected after transfer operations are completed.
[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36253, Sept. 4, 1990]
Sec. 154.520 Closure devices.
(a) Except as provided in paragraph (b) of this section, each
facility to which this part applies must have enough butterfly valves,
wafer-type resilient seated valves, blank flanges, or other means
acceptable to the COTP to blank off the ends of each hose or loading arm
that is not connected for the transfer of oil or hazardous material.
Such hoses and/or loading arms must be blanked off during the transfer
of oil or hazardous material. A suitable material in the joints and
couplings shall be installed on each end of the hose assembly or loading
arm not being used for transfer to ensure a leak-free seal.
(b) A new, unused hose, and a hose that has been cleaned and is gas
free, is exempt from the requirements of paragraph (a) of this section.
[CGD 93-056, 61 FR 41459, Aug. 8, 1996]
Sec. 154.525 Monitoring devices.
The COTP may require the facility to install monitoring devices if
the installation of monitoring devices at the facility would
significantly limit the size of a discharge of oil or hazardous material
and either:
(a) The environmental sensitivity of the area requires added
protection;
[[Page 323]]
(b) The products transferred at the facility pose a significant
threat to the environment; or
(c) The size or complexity of the transfer operation poses a
significant potential for a discharge of oil or hazardous material.
[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36253, Sept. 4, 1990]
Sec. 154.530 Small discharge containment.
(a) Except as provided in paragraphs (c), (d), and (e) of this
section, each facility to which this part applies must have fixed
catchments, curbing, or other fixed means to contain oil or hazardous
material discharged in at least--
(1) Each hose handling and loading arm area (that area on the
facility that is within the area traversed by the free end of the hose
or loading arm when moved from its normal stowed or idle position into a
position for connection);
(2) Each hose connection manifold area; and
(3) Under each hose connection that will be coupled or uncoupled as
part of the transfer operation during coupling, uncoupling, and
transfer.
(b) The discharge containment means required by paragraph (a) of
this section must have a capacity of at least:
(1) Two barrels if it serves one or more hoses of 6-inch inside
diameter or smaller, or loading arms of 6-inch nominal pipe size
diameter or smaller;
(2) Three barrels if it serves one or more hoses with an inside
diameter of more than 6-inches, but less than 12 inches, or loading arms
with a nominal pipe size diameter of more than 6 inches, but less than
12 inches; or
(3) Four barrels if it serves one or more hoses of 12-inch inside
diameter or larger, or loading arms of 12-inch nominal pipe size
diameter or larger.
(c) The facility may use portable means of not less than \1/2\
barrel capacity each to meet the requirements of paragraph (a) of this
section for part or all of the facility if the COTP finds that fixed
means to contain oil or hazardous material discharges are not feasible.
(d) A mobile facility may have portable means of not less than five
gallons capacity to meet the requirements of paragraph (a) of this
section.
(e) Fixed or portable containment may be used to meet the
requirements of paragraph (a)(3) of this section.
[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996]
Sec. 154.540 Discharge removal.
Each facility to which this part applies must have a means to safely
remove discharged oil or hazardous material, within one hour of
completion of the transfer, from the containment required by Sec.
154.530 of this part without discharging the oil or hazardous material
into the water.
[CGD 93-056, 61 FR 41460, Aug. 8, 1996]
Sec. 154.545 Discharge containment equipment.
(a) Each facility must have ready access to enough containment
material and equipment to contain any oil or hazardous material
discharged on the water from operations at that facility.
(b) For the purpose of this section, ``access'' may be by direct
ownership, joint ownership, cooperative venture, or contractual
agreement.
(c) Each facility must establish time limits, subject to approval by
the COTP, for deployment of the containment material and equipment
required by paragraph (a) of this section considering:
(1) Oil or hazardous material handling rates;
(2) Oil or hazardous material capacity susceptible to being spilled;
(3) Frequency of facility operations;
(4) Tidal and current conditions;
(5) Facility age and configuration; and
(6) Past record of discharges.
(d) The COTP may require a facility to surround each vessel
conducting an oil or hazardous material transfer operation with
containment material before commencing a transfer operation if--
(1) The environmental sensitivity of the area requires the added
protection;
(2) The products transferred at the facility pose a significant
threat to the environment;
(3) The past record of discharges at the facility is poor; or
[[Page 324]]
(4) The size or complexity of the transfer operation poses a
significant potential for a discharge of oil or hazardous material; and
(5) The use of vessel containment provides the only practical means
to reduce the extent of environmental damage.
(e) Equipment and procedures maintained to satisfy the provisions of
this chapter may be utilized in the planning requirements of subpart F
and subpart H of this part.
[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996; USCG-1999-
5149, 65 FR 40825, June 30, 2000]
Sec. 154.550 Emergency shutdown.
(a) The facility must have an emergency means to enable the person
in charge of the transfer on board the vessel, at that person's usual
operating station, to stop the flow of oil or hazardous material from
the facility to the vessel. The means must be--
(1) An electrical, pneumatic, or mechanical linkage to the facility;
or
(2) An electronic voice communications system continuously operated
by a person on the facility who can stop the flow of oil or hazardous
material immediately.
(b) The point in the transfer system at which the emergency means
stops the flow of oil or hazardous material on the facility must be
located near the dock manifold connection to minimize the loss of oil or
hazardous material in the event of the rupture or failure of the hose,
loading arm, or manifold valve.
(c) For oil transfers, the means used to stop the flow under
paragraph (a) of this section must stop that flow within--
(1) 60 seconds on any facility or portion of a facility that first
transferred oil on or before November 1, 1980; and
(2) 30 seconds on any facility that first transfers oil after
November 1, 1980.
(d) For hazardous material transfers, the means used to stop the
flow under paragraph (a) of this section must stop that flow within--
(1) 60 seconds on any facility or portion of a facility that first
transferred hazardous material before October 4, 1990; and
(2) 30 seconds on any facility that first transfers hazardous
material on or after October 4, 1990.
[CGD 86-034, 55 FR 36253, Sept. 4, 1990]
Sec. 154.560 Communications.
(a) Each facility must have a means that enables continuous two-way
voice communication between the person in charge of the vessel transfer
operation and the person in charge of the facility transfer operation.
(b) Each facility must have a means, which may be the communications
system itself, that enables a person on board a vessel or on the
facility to effectively indicate the desire to use the means of
communication required by paragraph (a) of this section.
(c) The means required by paragraph (a) of this section must be
usable and effective in all phases of the transfer operation and all
conditions of weather at the facility.
(d) A facility may use the system in Sec. 154.550(a)(2) to meet the
requirement of paragraph (a) of this section.
(e) Portable radio devices used to comply with paragraph (a) of this
section during the transfer of flammable or combustible liquids must be
marked as intrinsically safe by the manufacturer of the device and
certified as intrinsically safe by a national testing laboratory or
other certification organization approved by the Commandant as defined
in 46 CFR 111.105-11. As an alternative to the marking requirement,
facility operators may maintain documentation at the facility certifying
that the portable radio devices in use at the facility are in compliance
with this section.
[CGD 75-124, 45 FR 7172, Jan. 31, 1980; 45 FR 43705, June 30, 1980, as
amended by CGD 93-056, 61 FR 41460, Aug. 8, 1996]
Sec. 154.570 Lighting.
(a) Except as provided in paragraph (c) of this section, for
operations between sunset and sunrise, a facility must have fixed
lighting that adequately illuminates:
(1) Each transfer connection point on the facility;
[[Page 325]]
(2) Each transfer connection point in use on any barge moored at the
facility to or from which oil or hazardous material is being
transferred;
(3) Each transfer operations work area on the facility; and
(4) Each transfer operation work area on any barge moored at the
facility to or from which oil or hazardous material is being
transferred.
(b) Where the illumination is apparently inadequate, the COTP may
require verification by instrument of the levels of illumination. On a
horizontal plane 3 feet above the barge deck or walking surface,
illumination must measure at least:
(1) 5.0 foot candles at transfer connection points; and
(2) 1.0 foot candle in transfer operations work areas.
(c) For small or remote facilities, the COTP may authorize
operations with an adequate level of illumination provided by the vessel
or by portable means.
(d) Lighting must be located or shielded so as not to mislead or
otherwise interfere with navigation on the adjacent waterways.
[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36253, Sept. 4, 1990]
Subpart D_Facility Operations
Sec. 154.700 General.
No person may operate a facility unless the equipment, personnel,
and operating procedures of that facility meet the requirements of this
part.
[CGD 75-124, 45 FR 7173, Jan. 31, 1980]
Sec. 154.710 Persons in charge: Designation and qualification.
No person may serve, and the facility operator may not use the
services of a person, as person in charge of facility transfer
operations unless:
(a) The facility operator has designated that person as a person in
charge;
(b) The person has had at least 48 hours of experience in transfer
operations at a facility in operations to which this part applies. The
person also has enough experience at the facility for which
qualification is desired to enable the facility operator to determine
that the person's experience is adequate;
(c) The person has completed a training and qualification program
established by the facility operator and described in the Operations
Manual in accordance with Sec. 154.310(a)(21), that provides the person
with the knowledge and training necessary to properly operate the
transfer equipment at the facility, perform the duties described in
paragraph (d) of this section, follow the procedures required by this
part, and fulfill the duties required of a person in charge during an
emergency, except that the COTP may approve alternative experience and
training requirements for new facilities; and
(d) The facility operator must certify that each person in charge
has the knowledge of, and skills necessary to--
(1) The hazards of each product to be transferred;
(2) The rules in this part and in Part 156 of this chapter;
(3) The facility operating procedures as described in the operations
manual;
(4) Vessel transfer systems, in general;
(5) Vessel transfer control systems, in general;
(6) Each facility transfer control system to be used;
(7) Follow local discharge reporting procedures; and
(8) Carry out the facility's response plan for discharge reporting
and containment.
(e) Training conducted to comply with the hazard communication
programs required by the Occupational Safety and Health Administration
(OSHA) of the Department of Labor (DOL) (29 CFR 1910.1200) or the
Environmental Protection Agency (EPA) (40 CFR 311.1), or to meet the
requirements of subpart F of this part may be used to satisfy the
requirements in paragraphs (c) and (d) of this section, as long as the
training addresses the
[[Page 326]]
requirements in paragraphs (c) and (d) of this section.
(Sec. 311(j)(1)(C) of the Federal Water Pollution Control Act (86 Stat.
816, 868); 33 U.S.C. 1161(j)(1)(C); EO 11548, 3 CFR, 1966-1970 Comp., p.
949; 49 CFR 1.46(m))
[CGD 71-160R, 37 FR 28253, Dec. 21, 1972, as amended by CGD 86-034, 55
FR 36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996]
Sec. 154.730 Persons in charge: Evidence of designation.
Each person in charge shall carry evidence of his designation as a
person in charge when he is engaged in transfer operations unless such
evidence is immediately available at the facility.
(Sec. 311(j)(1)(C) of the Federal Water Pollution Control Act (86 Stat.
816, 868); 33 U.S.C. 1161(j)(1)(C); EO 11548, 3 CFR, 1966-1970 Comp., p.
949; 49 CFR 1.46(m))
[CGD 71-160R, 37 FR 28253, Dec. 21, 1972]
Sec. 154.735 Safety requirements.
Each operator of a facility to which this part applies shall ensure
that the following safety requirements are met at the facility:
(a) Access to the facility by firefighting personnel, fire trucks,
or other emergency personnel is not impeded.
(b) Materials which are classified as hazardous under 49 CFR parts
170 through 179 are kept only in the quantities needed for the operation
or maintenance of the facility and are stored in storage compartments.
(c) Gasoline or other fuel is not stored on a pier, wharf, or other
similar structure.
(d) A sufficient number of fire extinguishers approved by an
independent laboratory listed in 46 CFR 162.028-5 for fighting small,
localized fires are in place throughout the facility and maintained in a
ready condition.
(e) The location of each hydrant, standpipe, hose station, fire
extinguisher, and fire alarm box is conspicuously marked and readily
accessible.
(f) Each piece of protective equipment is ready to operate.
(g) Signs indicating that smoking is prohibited are posted in areas
where smoking is not permitted.
(h) Trucks and other motor vehicles are operated or parked only in
designated locations.
(i) All rubbish is kept in receptacles.
(j) All equipment with internal combustion engines used on the
facility--
(1) Does not constitute a fire hazard; and
(2) Has a fire extinguisher attached that is approved by an
independent laboratory listed in 46 CFR 162.028-5, unless such a fire
extinguisher is readily accessible nearby on the facility.
(k) Spark arresters are provided on chimneys or appliances which--
(1) Use solid fuel; or
(2) Are located where sparks constitute a hazard to nearby
combustible material.
(l) All welding or hot work conducted on or at the facility is the
responsibility of the facility operator. The COTP may require that the
operator of the facility notify the COTP before any welding or hot work
operations are conducted. Any welding or hot work operations conducted
on or at the facility must be conducted in accordance with NFPA 51B. The
facility operator shall ensure that the following additional conditions
or criteria are met:
(1) Welding or hot work is prohibited during gas freeing operations,
within 30.5 meters (100 feet) of bulk cargo operations involving
flammable or combustible materials, within 30.5 meters (100 feet) of
fueling operations, or within 30.5 meters (100 feet) of explosives or
15.25 meters (50 feet) of other hazardous materials.
(2) If the welding or hot work is on the boundary of a compartment
(i.e., bulkhead, wall or deck) an additional fire watch shall be
stationed in the adjoining compartment.
(3) Personnel on fire watch shall have no other duties except to
watch for the presence of fire and to prevent the development of
hazardous conditions.
(4) Flammable vapors, liquids or solids must first be completely
removed from any container, pipe or transfer line subject to welding or
hot work.
(5) Tanks used for storage of flammable or combustible substances
must be tested and certified gas free prior to starting hot work.
(6) Proper safety precautions in relation to purging, inserting, or
venting shall be followed for hot work on containers;
(7) All local laws and ordinances shall be observed;
[[Page 327]]
(8) In case of fire or other hazard, all cutting, welding or other
hot work equipment shall be completely secured.
(m) Heating equipment has sufficient clearance to prevent unsafe
heating of nearby combustible material.
(n) Automotive equipment having an internal combustion engine is not
refueled on a pier, wharf, or other similar structure.
(o) There are no open fires or open flame lamps.
(p) Electric wiring and equipment is maintained in a safe condition
so as to prevent fires.
(q) Electrical wiring and electrical equipment installed after
October 4, 1990, meet NFPA 70.
(r) Electrical equipment, fittings, and devices installed after
October 4, 1990, show approval for that use by--
(1) Underwriters Laboratories;
(2) Factory Mutual Research Corporation; or
(3) Canadian Standards Association.
(s) Tank cleaning or gas freeing operations conducted by the
facility on vessels carrying oil residues or mixtures shall be conducted
in accordance with sections 9.1, 9.2, 9.3, and 9.5 of the OCIMF
International Safety Guide for Oil Tankers and Terminals (ISGOTT),
except that--
(1) Prohibitions in ISGOTT against the use of recirculated wash
water do not apply if the wash water is first processed to remove
product residues;
(2) The provision in ISGOTT section 9.2.10 concerning flushing the
bottom of tanks after every discharge of leaded gasoline does not apply;
(3) The provision in ISGOTT section 9.2.11 concerning that removal
of sludge, scale, and sediment does not apply if personnel use breathing
apparatus which protect them from the tank atmosphere; and
(4) Upon the request of the facility owner or operator in accordance
with Sec. 154.107, the COTP may approve the use of alternative
standards to ISGOTT if the COTP determines that the alternative
standards provide an equal level of protection to the ISGOTT standards.
(t) Guards are stationed, or equivalent controls acceptable to the
COTP are used to detect fires, report emergency conditions, and ensure
that access to the marine transfer area is limited to--
(1) Personnel who work at the facility including persons assigned
for transfer operations, vessel personnel, and delivery and service
personnel in the course of their business;
(2) Coast Guard personnel;
(3) Other Federal, State, or local governmental officials; and
(4) Other persons authorized by the operator.
(u) Smoking shall be prohibited at the facility except that facility
owners or operators may authorize smoking in designated areas if--
(1) Smoking areas are designated in accordance with local ordinances
and regulations;
(2) Signs are conspicuously posted marking such authorized smoking
areas; and
(3) ``No Smoking'' signs are conspicuously posted elsewhere on the
facility.
(v) Warning signs shall be displayed on the facility at each
shoreside entry to the dock or berth, without obstruction, at all times
for fixed facilities and for mobile facilities during coupling, transfer
operation, and uncoupling. The warning signs shall conform to 46 CFR
151.45-2(e)(1) or 46 CFR 153.955.
[CGD 86-034, 55 FR 36253, Sept. 4, 1990, as amended by CGD 93-056, 61 FR
41460, Aug. 8, 1996]
Sec. 154.740 Records.
Each facility operator shall maintain at the facility and make
available for examination by the COTP:
(a) A copy of the letter of intent for the facility;
(b) The name of each person designated as a person in charge of
transfer operations at the facility and certification that each person
in charge has completed the training requirements of Sec. 154.710 of
this part;
(c) The date and result of the most recent test or examination of
each item tested or examined under Sec. 156.170 of this chapter;
(d) The hose information required by Sec. 154.500 (e) and (g)
except that marked on the hose;
(e) The record of all examinations of the facility by the COTP
within the last 3 years;
[[Page 328]]
(f) The Declaration of Inspection required by Sec. 156.150(f) of
this chapter;
(g) A record of all repairs made within the last three years
involving any component of the facility's vapor control system required
by subpart E of this part;
(h) A record of all automatic shut downs of the facility's vapor
control system within the last 3 years; and
(i) Plans, calculations, and specifications of the facility's vapor
control system certified under Sec. 154.804 of this part.
(j) If they are not marked as such, documentation that the portable
radio devices in use at the facility under Sec. 154.560 of this part
are intrinsically safe.
(Approved by the Office of Management and Budget under control number
2115-0096)
[CGD 75-124, 45 FR 7173, Jan. 31, 1980, as amended by CGD 88-102, 55 FR
25429, June 21, 1990; CGD 86-034, 55 FR 36254, Sept. 4, 1990; CGD 93-
056, 61 FR 41461, Aug. 8, 1996]
Sec. 154.750 Compliance with operations manual.
The facility operator shall require facility personnel to use the
procedures in the operations manual prescribed by Sec. 154.300 for
operations under this part.
[CGD 75-124, 45 FR 7174, Jan. 31, 1980]
Subpart E_Vapor Control Systems
Source: CGD 88-102, 55 FR 25429, June 21, 1990, unless otherwise
noted.
Sec. 154.800 Applicability.
(a) Except as specified by paragraph (c) of this section, this
subpart applies to:
(1) Each facility which collects vapors of crude oil, gasoline
blends, or benzene emitted from vessel cargo tanks;
(2) A vessel which is not a tank vessel that has a vapor processing
unit located on board for recovery, destruction, or dispersion of crude
oil, gasoline blends, or benzene vapors from a tank vessel; and
(3) Certifying entities which review, inspect, test, and certify
facility vapor control systems.
(b) A facility which collects vapors of flammable or combustible
cargoes other than crude oil, gasoline blends, or benzene, must meet the
requirements prescribed by the Commandant (G-MSO).
(c) A facility with an existing Coast Guard approved vapor control
system which was operating prior to July 23, 1990 is subject only to
Sec. 154.850 of this subpart as long as it receives cargo vapor only
from the specific vessels for which it was approved.
(d) This subpart does not apply to the collection of vapors of
liquefied flammable gases as defined in 46 CFR 30.10-39.
(e) When a facility vapor control system which receives cargo vapor
from a vessel is connected to a facility vapor control system that
serves tank storage areas and other refinery processes, the specific
requirements of this subpart apply between the vessel vapor connection
and the point where the vapor control system connects to the facility's
main vapor control system.
[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR
33666, June 28, 1996]
Sec. 154.802 Definitions.
As used in this subpart:
Certifying entity means an individual or organization accepted by
the Commandant (G-MSO) to review plans and calculations for vapor
control system designs, and to conduct initial inspections and witness
tests of vapor control system installations.
Existing vapor control system means a vapor control system which was
operating prior to July 23, 1990.
Facility vapor connection means the point in a facility's vapor
collection system where it connects to a vapor collection hose or the
base of a vapor collection arm.
Inerted means the oxygen content of the vapor space in a tank
vessel's cargo tank is reduced to 8 percent by volume or less in
accordance with the inert gas requirements of 46 CFR 32.53 or 46 CFR
153.500.
Liquid knockout vessel means a device to separate liquid from vapor.
Maximum allowable transfer rate means the maximum volumetric rate at
which a vessel may receive cargo or ballast.
[[Page 329]]
New vapor control system means a vapor control system which is not
an existing vapor control system.
Vapor balancing means the transfer of vapor displaced by incoming
cargo from the tank of a vessel receiving cargo into a tank of the
vessel or facility delivering cargo via a vapor collection system.
Vapor collection system means an arrangement of piping and hoses
used to collect vapor emitted from a vessel's cargo tanks and transport
the vapor to a vapor processing unit.
Vapor control system means an arrangement of piping and equipment
used to control vapor emissions collected from a vessel, and includes
the vapor collection system and the vapor processing unit.
Vapor destruction unit means a vapor processing unit that destroys
cargo vapor by a means such as incineration.
Vapor dispersion system means a vapor processing unit which releases
cargo vapor to the atmosphere through a venting system not located on
the vessel being loaded or ballasted.
Vapor processing unit means the components of a vapor control system
that recovers, destroys, or disperses vapor collected from a vessel.
Vapor recovery unit means a vapor processing unit that recovers
cargo vapor by a non-destructive means such as lean oil absorbtion,
carbon bed adsorption, or refrigeration.
Vessel vapor connection means the point in a vessel's fixed vapor
collection system where it connects to a vapor collection hose or arm.
[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR
33666, June 28, 1996]
Sec. 154.804 Review, certification, and initial inspection.
(a) A new vapor control system installation must be certified by a
certifying entity as meeting the requirements of this subpart prior to
operating.
(b) [Reserved]
(c) An existing vapor control system installation that has been
Coast Guard approved for operation with specific vessels must be
certified by a certifying entity prior to receiving vapors from other
vessels.
(d) Plans and information submitted to the certifying entity must
include a qualitative failure analysis. The analysis must demonstrate
the following:
(1) The vapor control system is designed to permit the system to
continuously operate safely when receiving cargo vapors from tankships
and barges over the full range of transfer rates expected at the
facility;
(2) The vapor control system is provided with the proper alarms and
automatic control systems to prevent unsafe operation;
(3) The vapor control system is equipped with sufficient automatic
or passive devices to minimize damage to personnel, property, and the
environment if an accident were to occur; and
(4) If a quantitative failure analysis is also conducted, the level
of safety attained is at least one order of magnitude greater than that
calculated for operating without a vapor control system.
Note: The American Institute of Chemical Engineers publication,
``Guidelines for Hazard Evaluation Procedures'' may be used as guidance
when preparing a qualitative failure analysis. Military Standard MIL-
STD-882B may be used as guidance when preparing a quantitative failure
analysis.
(e) The certifying entity must conduct all initial inspections and
witness all tests required to demonstrate that the facility:
(1) Conforms to certified plans and specifications;
(2) Meets the requirements of this subpart; and
(3) Is operating properly.
(f) Upon receipt of written certification from the certifying entity
that a facility's vapor control system complies with the requirements of
this part the COTP shall endorse the letter of adequacy required by
Sec. 154.325 of this part to indicate that the facility is acceptable
for collecting vapors of crude oil, gasoline blends, benzene, or any
other vapors for which it is certified.
(g) Any design or configuration alteration involving a certified
vapor control system must be reviewed by a certifying entity. After
conducting any inspections and witnessing tests necessary to verify that
the modified
[[Page 330]]
vapor control system meets the requirements of this subpart, the
certifying entity must recertify the installation.
(h) Certifications issued in accordance with this section and a copy
of the plans, calculations, and specifications for the vapor control
system must be maintained at the facility.
(i) A certifying entity accepted under Sec. 154.806 of this subpart
may not certify a facility vapor control system if it was involved in
the design or installation of the system.
(Approved by the Office of Management and Budget under control number
2115-0581)
[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by USCG-1998-3799,
63 FR 35531, June 30, 1998]
Sec. 154.806 Application for acceptance as a certifying entity.
(a) An individual or organization seeking acceptance as a certifying
entity must apply in writing to the Commandant (G-MSO). Each application
must be signed and certified to be correct by the applicant or, if the
applicant is an organization, by an authorized officer or official
representative of the organization, and must include a letter of intent
from a facility owner or operator to use the services of the individual
or organization to certify a vapor control system installation. Any
false statement or misrepresentation, or the knowing and willful
concealment of a material fact may subject the applicant to prosecution
under the provisions of 18 U.S.C. 1001, and denial or termination of
acceptance as a certifying entity.
(b) The applicant must possess the following minimum qualifications,
and be able to demonstrate these qualifications to the satisfaction of
the Commandant (G-MSO):
(1) The ability to review and evaluate design drawings and failure
analyses;
(2) A knowledge of the applicable regulations of this subpart,
including the standards incorporated by reference in these regulations;
(3) The ability to monitor and evaluate test procedures and results;
(4) The ability to perform inspections and witness tests of bulk
liquid cargo handling systems;
(5) That it is not controlled by an owner or operator of a vessel or
facility engaged in controlling vapor emissions; and
(6) That it is not dependent upon Coast Guard acceptance under this
section to remain in business.
(c) Each application for acceptance must contain the following:
(1) The name and address of the applicant, including subsidiaries
and divisions if applicable;
(2) A statement that the applicant is not controlled by an owner or
operator of a vessel or facility engaged in controlling vapor emissions,
or a full disclosure of any ownership or controlling interest held by
such owners or operators;
(3) A description of the experience and qualifications of the
person(s) who would be reviewing or testing the systems;
(4) A statement that the person(s) who would be reviewing or testing
the systems is/are familiar with the regulations in this subpart; and
(5) A statement that the Coast Guard may verify the information
submitted in the application and may examine the person(s) who would be
reviewing or testing the systems to determine their qualifications.
(d) The acceptance of a certifying entity may be terminated by the
Commandant (G-MSO) if the entity fails to properly review, inspect, or
test a system in accordance with this subpart.
Note: A list of entities accepted to certify facility vapor control
system installations is available from the Commandant (G-MSO).
(Approved by the Office of Management and Budget under control number
2115-0581)
[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR
33666, June 28, 1996]
Sec. 154.808 Vapor control system, general.
(a) A vapor control system design and installation must eliminate
potential overfill hazards, overpressure and vacuum hazards, and sources
of ignition to the maximum practical extent. Each remaining hazard
source which is not eliminated must be specifically addressed in the
protection system design and operational requirements.
[[Page 331]]
(b) Vapor collection system piping and fittings must be in
accordance with ANSI B31.3 and designed for a maximum allowable working
pressure of at least 150 psig. Valves and flanges must be in accordance
with ANSI B16.5 or B16.24, 150 pound class.
(c) All electrical equipment used in a vapor control system must
comply with NFPA 70.
(d) Any pressure, flow, or concentration indication required by this
part must provide a remote indicator on the facility where the cargo
transfer and vapor control systems are controlled.
(e) Any alarm condition specified in this part must activate an
audible and visible alarm where the cargo transfer and vapor control
systems are controlled.
(f) The vapor control system must be separated or insulated from
external heat sources to limit vapor control system piping surface
temperature to not more than 177 [deg]C. (350 [deg]F.) during normal
operation.
(g) A means must be provided to eliminate any liquid condensate from
the vapor collection system which carries over from the vessel or
condenses as a result of an enrichment process.
(h) If a liquid knockout vessel is installed it must have:
(1) A means to indicate the level of liquid in the device;
(2) A high liquid level sensor that activates an alarm; and
(3) A high high level sensor that closes the remotely operated cargo
vapor shutoff valve required by Sec. 154.810(a) of this subpart and
shuts down any compressors or blowers prior to liquid carrying over from
the vessel to the compressor or blower.
(i) Vapor collection piping must be electrically grounded and
electrically continuous.
(j) If the facility handles inerted vapors of cargoes containing
sulfur, provisions must be made to control heating from pyrophoric iron
sulfide deposits in the vapor collection line.
Sec. 154.810 Vapor line connections.
(a) A remotely operated cargo vapor shutoff valve must be installed
in the vapor collection line between the facility vapor connection and
the nearest point where any inerting, enriching, or diluting gas is
introduced into the vapor collection line or where a detonation arrester
is fitted. The valve must:
(1) Close within thirty (30) seconds after detection of a shutdown
condition by a component required by this subpart;
(2) Close automatically if the control signal is lost;
(3) Activate an alarm when a signal to shut down is received;
(4) Be capable of manual operation or manual activation;
(5) Have a local valve position indicator or be designed so that the
valve position can be readily determined from the valve handle or valve
stem position; and
(6) If the valve seat is fitted with resilient material, not allow
appreciable leakage when the resilient material is damaged or destroyed.
(b) Except when a vapor collection arm is used, the last 1.0 meter
(3.3 feet) of vapor piping before the facility vapor connection must be:
(1) Painted red/yellow/red with:
(i) The red bands 0.1 meter (0.33 feet) wide, and
(ii) The middle yellow band 0.8 meter (2.64 feet) wide; and
(2) Labeled ``VAPOR'' in black letters at least 50 millimeters (2
inches) high.
(c) Each facility vapor connection flange must have a permanently
attached 0.5 inch diameter stud at least 1.0 inch long projecting
outward from the flange face. The stud must be located at the top of the
flange, midway between bolt holes, and in line with the bolt hole
pattern.
(d) Each hose used for transferring vapors must:
(1) Have a design burst pressure of at least 25 psig;
(2) Have a maximum allowable working pressure of at least 5 psig;
(3) Be capable of withstanding at least 2.0 psi vacuum without
collapsing or constricting;
(4) Be electrically continuous with a maximum resistance of ten
thousand (10,000) ohms;
(5) Have flanges with:
(i) A bolt hole arrangement complying with the requirements for 150
pound class ANSI B16.5 flanges, and
[[Page 332]]
(ii) One or more 0.625 inch diameter holes in the flange located
midway between bolt holes and in line with the bolt hole pattern;
(6) Be abrasion resistant and resistant to kinking; and
(7) Have the last 1.0 meter (3.3 feet) of each end of the vapor hose
marked in accordance with paragraph (b) of this section.
(e) Vapor hose handling equipment must be provided with hose saddles
which provide adequate support to prevent kinking or collapse of hoses.
(f) Fixed vapor collection arms must:
(1) Meet the requirements of paragraphs (d)(1) through (d)(5) of
this section;
(2) Have the last 1.0 meter (3.3 feet) of the arm marked in
accordance with paragraph (b) of this section.
(g) The facility vapor connection must be electrically insulated
from the vessel vapor connection in accordance with section 6.10 of the
OCIMF International Safety Guide for Oil Tankers and Terminals.
(h) A vapor collection system fitted with an enriching system that
operates at a positive gauge pressure at the facility vapor connection
must be fitted with:
(1) A manual isolation valve between each facility vapor connection
and the remotely operated cargo vapor shutoff valve required by
paragraph (a) of this section; and
(2) A means to prevent backflow of enriched vapor to the vessel's
vapor collection system.
Sec. 154.812 Facility requirements for vessel liquid overfill protection.
(a) Each facility which receives cargo vapor from a tank barge which
is fitted with overfill protection in accordance with 46 CFR 39.20-9(a)
as its only means of overfill protection must provide a 120 volt, 20 amp
explosion proof receptacle which meets:
(1) ANSI/NEMA WD6;
(2) NFPA 70, Articles 410-57 and 501-12; and
(3) 46 CFR 111.105-9.
(b) Each facility that receives cargo vapor from a tank barge fitted
with an intrinsically safe cargo tank level sensor system complying with
46 CFR 39.20-9(b) as its only means of overfill protection must have an
overfill control panel on the dock capable of powering and receiving an
alarm and shutdown signal from the cargo tank level sensor system that:
(1) Closes the remotely operated cargo vapor shutoff valve required
by Sec. 154.810(a) of this subpart and activates the emergency shutdown
system required by Sec. 154.550 of this part when:
(i) A tank overfill signal is received from the barge, or
(ii) Electrical continuity of the cargo tank level sensor system is
lost;
(2) Activates an alarm which is audible and visible to barge
personnel and facility personnel when a tank overfill signal, or an
optional high level signal corresponding to a liquid level lower than
the tank overfill sensor setting, is received from the barge;
(3) Has a means to electrically and mechanically test the alarms and
automatic shutdown systems prior to transferring cargo to or ballasting
the tank barge;
(4) Has suitable means, such as approved intrinsic safety barriers
able to accept passive devices, to ensure that the overfill and optional
alarm circuits on the barge side of the overfill control panel,
including cabling, normally closed switches, and pin and sleeve
connectors, are intrinsically safe;
(5) Is labeled with the maximum allowable inductance and capacitance
to be connected to the panel, as specified by the equipment
manufacturer; and
(6) Has a female connecting plug for the tank barge level sensor
system with a 5 wire, 16 amp connector body meeting IEC 309-1/309-2
which is:
(i) Configured with pins S2 and R1 for the tank overfill sensor
circuit, pin G connected to the cabling shield, and pins N and T3
reserved for an optional high level alarm connection;
(ii) Labeled ``Connector for Barge Overflow Control System''; and
(iii) Connected to the overfill control panel by a shielded flexible
cable.
Sec. 154.814 Facility requirements for vessel vapor overpressure and
vacuum protection.
(a) A facility's vapor collection system must have the capacity for
collecting cargo vapor at a rate of not less than 1.25 times the
facility's maximum
[[Page 333]]
liquid transfer rate for cargo for which vapor collection is required
plus any inerting, diluting, or enriching gas which may be added to the
system, unless the vapor growth for turbulent loading of the most
volatile liquid handled by the facility is less than 25 percent.
(b) A facility vapor collection system must maintain the pressure in
a vessel's cargo tanks between 80 percent of the highest setting of any
of the vessel's vacuum relief valves and 80 percent of the lowest
setting of any of the vessel's pressure relief valves for a non-inerted
tank vessel, and between 0.2 psig and 80 percent of the lowest setting
of any of the vessel's pressure relief valves for an inerted tank
vessel. The system must be capable of maintaining the pressure in the
vessel's cargo tanks within this range at any cargo transfer rate less
than or equal to the maximum transfer rate determined at the pre-
transfer conference required by Sec. 156.120(w) of this chapter.
(c) The pressure measured at the facility vapor connection must be
corrected for pressure drops across the vessel's vapor collection system
and the vapor collection hose or arm.
(d) A pressure sensing device must be provided which activates an
alarm when the pressure at the facility vapor connection exceeds either
the pressure corresponding to the upper pressure determined in paragraph
(b) of this section or a lower pressure agreed upon at the pre-transfer
conference required by Sec. 156.120(w) of this chapter.
(e) A pressure sensing device must be provided which activates an
alarm when the pressure at the facility vapor connection falls below
either the pressure corresponding to the lower pressure determined in
paragraph (b) of this section or a higher pressure agreed upon at the
pre-transfer conference required by Sec. 156.120(w) of this chapter.
(f) A pressure sensing device must be provided which activates the
emergency shutdown system required by Sec. 154.550 of this part and
closes the remotely operated cargo vapor shutoff valve required by Sec.
154.810(a) of this subpart when the pressure at the facility vapor
connection exceeds 2.0 psi, or a lower pressure agreed upon at the pre-
transfer conference required by Sec. 156.120(w) of this chapter. The
sensing device must be independent of the device used to activate the
alarm required by paragraph (d) of this section.
(g) A pressure sensing device must be provided which closes the
remotely operated cargo vapor shutoff valve required by Sec. 154.810(a)
of this subpart when the vacuum at the facility vapor connection is more
than 1.0 psi, or a lesser vacuum set at the pre-transfer conference
required by Sec. 156.120(w) of this chapter. The sensing device must be
independent of the device used to activate the alarm required by
paragraph (e) of this section.
(h) The pressure sensing devices required by paragraphs (d) and (f)
of this section must be located in the vapor collection line between the
facility vapor connection and the manual isolation valve, if required by
Sec. 154.810(h) of this subpart, unless an interlock is provided which
prevents operation of the system when the isolation valve is closed.
(i) A pressure indicating device must be provided which indicates
the pressure in the vapor collection line.
(j) If a compressor, blower, or eductor capable of drawing more than
1.0 psi vacuum is used to draw vapor from the vessel, a vacuum relief
valve must be installed in the vapor collection line between the
compressor, blower, or eductor and the facility vapor connection, which:
(1) Relieves at a pressure such that the pressure in the vapor
collection system at the facility vapor connection does not exceed 1.0
psi vacuum;
(2) Has a relieving capacity equal to or greater than the capacity
of the compressor, blower, or eductor;
(3) Has a flame screen fitted at the vacuum relief opening; and
(4) Has been tested for relieving capacity in accordance with
paragraph 1.5.1.3 of API 2000 with a flame screen fitted.
(k) When a facility collects cargo vapor through an undersea
pipeline from a vessel moored offshore, the vacuum relief valve may be
set at a vacuum greater than 1.0 psi vacuum provided the pressure
controls take into account the pressure drop across the vessel's vapor
collection system, any
[[Page 334]]
vapor collection hoses, and the undersea pipeline as a function of the
actual transfer rate.
(l) If the pressure in the vapor collection system can exceed 2.0
psig due to a malfunction in an inerting, enriching, or diluting system
a pressure relief valve must:
(1) Be installed between the point where inerting, enriching, or
diluting gas is introduced into the vapor collection system and the
facility vapor connection;
(2) Relieve at a pressure such that the pressure in the vapor
collection system at the facility vapor connection does not exceed 2.0
psig;
(3) Have a relieving capacity equal to or greater than the maximum
capacity of the facility inerting, enriching, or diluting gas source;
(4) If not designed to insure a minimum vapor discharge velocity of
30 meters (98.4 ft.) per second, have a flame screen fitted at the
discharge opening; and
(5) Have been tested for relieving capacity in accordance with
paragraph 1.5.1.3 of API 2000.
(m) The relieving capacity test required by paragraph (l)(5) must be
carried out with a flame screen fitted at the discharge opening if the
pressure relief valve is not designed to insure a minimum vapor
discharge velocity of 30 meters (98.4 ft.) per second.
[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by USCG-1998-3799,
63 FR 35531, June 30, 1998]
Sec. 154.820 Fire, explosion, and detonation protection.
(a) A vapor control system with a single facility vapor connection
that receives vapor only from a vessel with inerted cargo tanks and
processes vapor with a vapor recovery unit must:
(1) Be capable of inerting the vapor collection line in accordance
with Sec. 154.824(a) of this subpart prior to receiving vapors from the
vessel;
(2) Have at least one oxygen analyzer that samples the vapor
concentration continuously at a point not more than 6 meters (19.7 ft.)
from the facility vapor connection; and
(3) Meet Sec. 154.824 (f)(1), (f)(2), (g), (h)(2), and (h)(3) of
this subpart.
(b) A vapor control system with a single facility vapor connection
that receives vapor only from a vessel with inerted cargo tanks and
processes vapor with a vapor destruction unit must:
(1) Have a detonation arrester located not more than 6 meters (19.7
ft.) from the facility vapor connection; or
(2) Have an inerting system that meets the requirements of Sec.
154.824 of this subpart.
(c) A vapor control system with a single facility vapor connection
that receives vapor from a vessel with cargo tanks that are not inerted
and processes vapor with a vapor recovery unit must:
(1) Have a detonation arrester located not more than 6 meters (19.7
ft.) from the facility vapor connection; or
(2) Have an inerting, enriching, or diluting system that meets the
requirements of Sec. 154.824 of this subpart.
(d) A vapor control system with a single facility vapor connection
that receives vapor from a vessel with cargo tanks that are not inerted
and processes the vapor with a vapor destruction unit must:
(1) Have a detonation arrester located not more than 6 meters (19.7
ft.) from the facility vapor connection; and
(2) Have an inerting, enriching, or diluting system that meets the
requirements of Sec. 154.824 of this subpart.
(e) A vapor control system with multiple facility vapor connections
that processes vapor with a vapor recovery unit must have a detonation
arrester located not more than 6 meters (19.7 ft.) from each facility
vapor connection.
(f) A vapor control system with multiple facility vapor connections
that processes vapor with a vapor destruction unit must:
(1) Have a detonation arrester located not more than 6 meters (19.7
ft.) from each facility vapor connection; and
(2) Have an inerting, enriching, or diluting system that meets the
requirements of Sec. 154.824 of this subpart.
(g) A vapor control system that uses a vapor balancing system in
which cargo vapor from a vessel is transferred through the facility
vapor collection system to facility storage tanks must:
[[Page 335]]
(1) Have a detonation arrester located not more than 6 meters (19.7
ft.) from each facility vapor connection;
(2) Have a detonation arrester located within the storage tank
containment area as close as practical to the vapor return connection of
each facility storage tank; and
(3) Have facility storage tank high level alarm systems and facility
storage tank overfill control systems arranged to prevent cargo from
entering the vapor return line.
(h) Except for a discharge vent from a vapor destruction unit, each
outlet of a vapor control system that vents to atmosphere and is not
isolated with a pressure-vacuum relief valve must have a flame arrester
located at the outlet.
Sec. 154.822 Detonation arresters, flame arresters, and flame screens.
(a) Each detonation arrester required by this part must:
(1) Be capable of arresting a detonation from either side of the
device; and
(2) Be acceptable to the Commandant (G-MSO). A detonation arrester
designed, built, and tested in accordance with appendix A of this part
will be acceptable to the Commandant (G-MSO).
(b) Each flame arrester required by this part must be acceptable to
the Commandant (G-MSO). A flame arrester designed, built, and tested in
accordance with appendix B of this part will be acceptable to the
Commandant (G-MSO).
(c) Each flame screen required by this part must be either a single
screen of corrosion resistant wire of at least 30 by 30 mesh, or two
screens, both of corrosion resistant wire, of at least 20 by 20 mesh,
spaced not less than 12.7 millimeters (\1/2\ in.) or more than 38.1
millimeters (1\1/2\ in.) apart.
[CGD 88-102, 55 FR 25429, June 21, 1990; 55 FR 39270, Sept. 26, 1990, as
amended by CGD 96-026, 61 FR 33666, June 28, 1996; USCG-2002-12471, 67
FR 41333, June 18, 2002]
Sec. 154.824 Inerting, enriching, and diluting systems.
(a) A vapor control system which uses inerting, enriching, or
diluting gas must be capable of inerting, enriching, or diluting the
vapor collection line prior to receiving cargo vapor.
(b) Except as permitted by Sec. 154.820(a) of this subpart, a vapor
control system which uses an inerting, enriching, or diluting system
must be equipped with a gas injection and mixing arrangement located as
close as practical but not more than 10 meters (32.8 ft.) from the
facility vapor connection that ensures complete mixing of the gases
within 20 pipe diameters of the injection point;
(c) A vapor control system that uses an inerting or enriching system
may not be operated at a vacuum after the injection point unless:
(1) There are no sleeve-type pipe couplings, vacuum relief valves,
or other devices which could allow air into the vapor collection system
downstream of the injection point; or
(2) An additional analyzer is used to monitor the downstream vapor
concentration and a means is provided to inject additional inerting or
enriching gas.
(d) A vapor control system that uses analyzers to control the amount
of inerting, enriching, or diluting gas injected into the vapor
collection line must be equipped with at least 2 analyzers. The
analyzers must be connected so that:
(1) When oxygen analyzers are used, the higher oxygen concentration
reading controls the inerting or enriching system and activates the
alarm and automatic shutdown system required by paragraph (h), (j) or
(k)(2) of this section;
(2) When hydrocarbon analyzers are used, the lower hydrocarbon
concentration reading controls the enriching system and activates the
alarm and automatic shutdown system required by paragraph (i) or (k)(1)
of this section; and
(3) When hydrocarbon analyzers are used, the higher hydrocarbon
concentration reading controls the diluting system and activates the
alarm and automatic shutdown system required by paragraph (l) of this
section.
(e) A vapor control system that uses volumetric measurements to
control the amount of inerting, enriching, or diluting gas injected into
the vapor collection line must be equipped with at least one analyzer to
activate the
[[Page 336]]
alarms and automatic shutdown systems required by this section.
(f) Each oxygen or hydrocarbon analyzer required by this section
must:
(1) Be installed in accordance with API Recommended Practice 550;
(2) Have a response time of not more than 30 seconds from the time
the vapor is sampled; and
(3) Sample the vapor concentration continuously not more than 30
pipe diameters from the gas injection point.
(g) Oxygen analyzers which operate at elevated temperatures (i.e.,
zirconia oxide or thermomagnetic) must not be used.
(h) An inerting system must:
(1) Supply sufficient inert gas to the vapor stream to ensure that
the oxygen concentration throughout the vapor collection system is
maintained below 8.0 percent by volume;
(2) Activate an alarm when the oxygen concentration in the vapor
collection line exceeds 8.0 percent by volume;
(3) Close the remotely operated cargo vapor shutoff valve required
by Sec. 154.810(a) of this part when the oxygen concentration in the
vapor collection line exceeds 9.0 percent by volume; and
(4) If a combustion device is used to produce the inert gas, have a
hydraulic seal and non-return valve between the combustion device and
the vapor collection line.
(i) An enriching system must:
(1) Supply sufficient compatible hydrocarbon vapor to the vapor
stream to ensure that the hydrocarbon concentration throughout the vapor
collection system is maintained above 170 percent by volume of the upper
flammable limit;
(2) Activate an alarm when the hydrocarbon concentration in the
vapor collection line falls below 170 percent by volume of the upper
flammable limit; and
(3) Close the remotely operated cargo vapor shutoff valve required
by Sec. 154.810(a) of this subpart when the hydrocarbon concentration
in the vapor collection line falls below 150 percent by volume of the
upper flammable limit.
(j) Oxygen analyzers may be used in lieu of hydrocarbon analyzers in
an enriching system at a facility that receives cargo vapor only from a
vessel with non-inerted cargo tanks, provided that the analyzers:
(1) Activate an alarm when the oxygen concentration in the vapor
collection line exceeds 15.5 percent by volume; and
(2) Close the remotely operated cargo vapor shutoff valve required
by Sec. 154.810(a) of this subpart when the oxygen concentration in the
vapor collection line exceeds 16.5 percent by volume.
(k) An enriching system may be used in a vapor collection system
that receives cargo vapor from a vessel with inerted cargo tanks if:
(1) Hydrocarbon analyzers are used to comply with paragraph (i)(2)
and (i)(3) of this section; or
(2) If oxygen analyzers are used, the analyzers activate an alarm
when the oxygen concentration in the vapor collection line exceeds 8
percent by volume, and close the remotely operated cargo vapor shutoff
valve required by Sec. 154.810(a) of this subpart when the oxygen
concentration exceeds 9 percent by volume.
(l) An air dilution system must:
(1) Supply sufficient additional air to the vapor stream to ensure
that the hydrocarbon concentration throughout the vapor collection
system is maintained below 30 percent by volume of the lower flammable
limit;
(2) Activate an alarm when the hydrocarbon concentration in the
vapor collection line exceeds 30 percent by volume of the lower
flammable limit; and
(3) Close the remotely operated cargo vapor shutoff valve required
by Sec. 154.810(a) of this subpart when the hydrocarbon concentration
in the vapor collection line exceeds 50 percent by volume of the lower
flammable limit.
[CGD 88-102, 55 FR 25429, June 21, 1990; 55 FR 39270, Sept. 26, 1990]
Sec. 154.826 Vapor compressors and blowers.
(a) Each inlet and outlet to a compressor or blower which handles
vapor that has not been inerted, enriched, or diluted in accordance with
Sec. 154.824 of this subpart must be fitted with:
(1) A detonation arrester;
(2) A flame arrester; or
[[Page 337]]
(3) An explosion suppression system acceptable to the Commandant (G-
MSO).
(b) If a reciprocating or screw-type compressor handles vapor in the
vapor collection system, it must be provided with indicators and audible
and visible alarms to warn against the following conditions:
(1) Excessive discharge gas temperature at each compressor chamber
or cylinder;
(2) Excessive cooling water temperature;
(3) Excessive vibration;
(4) Low lube oil level;
(5) Low lube oil pressure; and
(6) Excessive shaft bearing temperatures.
(c) If a liquid ring-type compressor handles vapor in the vapor
collection system, it must be provided with indicators and audible and
visible alarms to warn against the following conditions:
(1) Low level of liquid sealing medium;
(2) Lack of flow of liquid sealing medium;
(3) Excessive temperature of the liquid sealing medium;
(4) Low lube oil level;
(5) Low lube oil pressure, if pressurized lubricating system; and
(6) Excessive shaft bearing temperature.
(d) If a centrifugal compressor, fan, or lobe blower handles vapor
in the vapor collection system, construction of the blades and/or
housing must meet one of the following:
(1) Blades or housing of nonmetallic construction;
(2) Blades and housing of nonferrous material;
(3) Blades and housing of corrosion resistant steel;
(4) Ferrous blades and housing with one-half inch or more design tip
clearance; or
(5) Blades of aluminum or magnesium alloy and a ferrous housing with
a nonferrous insert sleeve at the periphery of the impeller.
[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR
33666, June 28, 1996]
Sec. 154.828 Vapor recovery and vapor destruction units.
(a) The inlet to a vapor recovery unit which receives cargo vapor
that has not been inerted, enriched, or diluted in accordance with Sec.
154.824 of this subpart must be fitted with one of the following:
(1) A detonation arrester;
(2) A flame arrester; or
(3) An explosion suppression system acceptable to the Commandant (G-
MSO).
(b) The inlet to a vapor destruction unit must:
(1) Have a liquid seal; and
(2) Have two quick-closing stop valves installed in the vapor line.
(c) A vapor destruction unit must:
(1) Not be within 30 meters (98.8 ft.) of any tank vessel berth or
mooring at the facility;
(2) Have a flame arrester or detonation arrester fitted in the vapor
line; and
(3) Alarm and shut down when a flame is detected on the flame
arrester or detonation arrester.
(d) When a vapor destruction unit shuts down or has a flame-out
condition the vapor destruction unit control system must:
(1) Close the quick-closing stop valves required by paragraph (b)(2)
of this section; and
(2) Close the remotely operated cargo vapor shutoff valve required
by Sec. 154.810(a) of this subpart.
[CGD 88-102, 55 FR 25429, June 21, 1990, as amended by CGD 96-026, 61 FR
33666, June 28, 1996]
Sec. 154.840 Personnel training.
(a) A person in charge of a transfer operation utilizing a vapor
control system must have completed a training program covering the
particular system installed at the facility. Training must include
drills or demonstrations using the installed vapor control system
covering normal operations and emergency procedures.
(b) The training program required by paragraph (a) of this section
must cover the following subjects:
(1) Purpose of a vapor control system;
(2) Principles of the vapor control system;
[[Page 338]]
(3) Components of the vapor control system;
(4) Hazards associated with the vapor control system;
(5) Coast Guard regulations in this subpart;
(6) Operating procedures, including:
(i) Testing and inspection requirements,
(ii) Pre-transfer procedures,
(iii) Connection sequence,
(iv) Start-up procedures, and
(v) Normal operations; and
(7) Emergency procedures.
Sec. 154.850 Operational requirements.
(a) A facility must receive vapors only from a vessel which has its
certificate of inspection or certificate of compliance endorsed in
accordance with 46 CFR 39.10-13(e).
(b) The following must be performed not more than 24 hours prior to
each transfer operation:
(1) All alarms and automatic shutdown systems required by this part
must be tested; and
(2) The analyzers required by Sec. 154.820(a), Sec. 154.824 (d)
and (e) of this subpart must be checked for calibration by use of a span
gas.
(c) The position of all valves in the vapor line between the
vessel's tanks and the facility vapor collection system must be verified
prior to the start of the transfer operation.
(d) A tank barge overfill control system that meets the requirements
of 46 CFR 39.20-9(b) must not be connected to an overfill sensor circuit
that exceeds the system's rated cable length, inductance, and
capacitance.
(e) When vapor is being received from a vessel with inerted cargo
tanks, the remotely operated cargo vapor shutoff valve required by Sec.
154.810(a) of this subpart must not be opened until the pressure at the
facility vapor connection exceeds the pressure on the downstream side of
the remotely operated cargo vapor shutoff valve.
(f) The initial cargo transfer rate must not exceed the rate agreed
upon at the pre-transfer conference required by Sec. 156.120(w) of this
chapter and 46 CFR 39.30-1(h).
(g) The cargo transfer rate must not exceed the maximum allowable
transfer rate as determined by the lesser of the following:
(1) A transfer rate corresponding to the maximum vapor processing
rate for the vapor control system, as specified in the facility
operations manual required by Sec. 154.300 of this chapter; or
(2) The vessel's maximum transfer rate determined in accordance with
46 CFR 39.30-1(d).
(h) While transferring cargo to a vessel connected to a vapor
control system, compressed air or gas may be used to clear cargo hoses
and loading arms, but must not be used to clear cargo lines.
(i) If one of the two analyzers required by Sec. 154.824(d) of this
subpart becomes inoperable during a transfer operation, the operation
may continue provided the remaining analyzer remains operational;
however, no further transfer operations may be started until the
inoperable analyzer is replaced or repaired.
(j) Whenever a condition results in a shutdown of the vapor control
system, the person in charge shall immediately terminate cargo loading.
(k) If it is suspected that a flare in the vapor control system has
had a flare-back, or if a flame is detected on the flame arrester
required by Sec. 154.828(c)(2) of this subpart, the transfer operation
must be stopped and not be restarted until the flame arrester has been
inspected and found to be in satisfactory condition.
Subpart F_Response Plans for Oil Facilities
Source: CGD 91-036, 61 FR 7917, Feb. 29, 1996, unless otherwise
noted.
Sec. 154.1010 Purpose.
This subpart establishes oil spill response plan requirements for
all marine transportation-related (MTR) facilities (hereafter also
referred to as facilities) that could reasonably be expected to cause
substantial harm or significant and substantial harm to the environment
by discharing oil into or on the navigable waters, adjoining shorelines,
or exclusive economic zone. The development of a response plan prepares
the facility owner or operator
[[Page 339]]
to respond to an oil spill. These requirements specify criteria to be
used during the planning process to determine the appropriate response
resources. The specific criteria for response resources and their
arrival times are not performance standards. The criteria are based on a
set of assumptions that may not exist during an actual oil spill
incident.
Sec. 154.1015 Applicability.
(a) This subpart applies to all MTR facilities that because of their
location could reasonably be expected to cause at least substantial harm
to the environment by discharging oil into or on the navigable waters,
adjoining shorelines, or exclusive economic zone.
(b) The following MTR facilities that handle, store, or transport
oil, in bulk, could reasonably be expected to cause substantial harm to
the environment by discharging oil into or on the navigable waters or
adjoining shorelines and are classified as substantial harm MTR
facilities:
(1) Fixed MTR onshore facilities capable of transferring oil to or
from a vessel with a capacity of 250 barrels or more and deepwater
ports;
(2) Mobile MTR facilities used or intended to be used to transfer
oil to or from a vessel with a capacity of 250 barrels or more; and
(3) Those MTR facilities specifically designated as substantial harm
facilities by the COTP under Sec. 154.1016.
(c) The following MTR facilities that handle, store, or transport
oil in bulk could not only reasonably be expected to cause substantial
harm, but also significant and substantial harm, to the environment by
discharging oil into or on the navigable waters, adjoining shorelines,
or exclusive economic zone and are classified as significant and
substantial harm MTR facilities:
(1) Deepwater ports, and fixed MTR onshore facilities capable of
transferring oil to or from a vessel with a capacity of 250 barrels or
more except for facilities that are part of a non-transportation-related
fixed onshore facility with a storage capacity of less than 42,000
gallons; and
(2) Those MTR facilities specifically designated as significant and
substantial harm facilities by the COTP under Sec. 154.1016.
(d) An MTR facility owner or operator who believes the facility is
improperly classified may request review and reclassification in
accordance with Sec. 154.1075.
Sec. 154.1016 Facility classification by COTP.
(a) The COTP may upgrade the classification of:
(1) An MTR facility not specified in Sec. 154.1015 (b) or (c) to a
facility that could reasonably be expected to cause substantial harm to
the environment; or
(2) An MTR facility specified in Sec. 154.1015(b) to a facility
that could reasonably be expected to cause significant and substantial
harm to the environment.
(b) The COTP may downgrade, the classification of:
(1) An MTR facility specified in Sec. 154.1015(c) to a facility
that could reasonably be expected to cause substantial harm to the
environment; or
(2) An MTR facility specified in Sec. 154.1015(b) to a facility
that could not reasonably be expected to cause substantial, or
significant and substantial harm to the environment.
(3) The COTP will consider downgrading an MTR facility's
classification only upon receiving a written request for a downgrade of
classification from the facility's owner or operator.
(c) When changing a facility classification the COTP may, as
appropriate, consider all relevant factors including, but not limited
to: Type and quantity of oils handled in bulk; facility spill history;
age of facility; proximity to public and commercial water supply
intakes; proximity to navigable waters based on the definition of
navigable waters in 33 CFR 2.05-25; and proximity to fish and wildlife
and sensitive environments.
Sec. 154.1017 Response plan submission requirements.
(a) The owner or operator of an MTR facility identified only in
Sec. 154.1015(b), or designated by the COTP as a substantial harm
facility, shall prepare and submit to the cognizant COTP a
[[Page 340]]
response plan that meets the requirements of Sec. Sec. 154.1030,
154.1040, 154.1045, or Sec. 154.1047, as appropriate. This applies to:
(1) A mobile MTR facility used or intended to be used to transfer
oil to or from a vessel with a capacity of 250 barrels or more; and
(2) A fixed MTR facility specifically designated as a substantial
harm facility by the COTP under Sec. 154.1016.
(b) The owner or operator of an MTR facility identified in Sec.
154.1015(c) or designated by the COTP as a significant and substantial
harm facility shall prepare and submit for review and approval of the
cognizant COTP a response plan that meets the requirements of Sec. Sec.
154.1030, 154.1035, 154.1045, or 154.1047, as appropriate. This applies
to:
(1) A fixed MTR facility capable of transferring oil, in bulk, to or
from a vessel with a capacity of 250 barrels or more; and
(2) An MTR facility specifically designated as a significant and
substantial harm facility by the COTP under Sec. 154.1016.
(c) In addition to the requirements in paragraphs (a) and (b) of
this section, the response plan for a mobile MTR facility must meet the
requirements of Sec. 154.1041 subpart F.
Sec. 154.1020 Definitions.
Except as otherwise defined in this section, the definition in 33
CFR 154.105 apply to this subpart and subparts H and I.
Adverse weather means the weather conditions that will be considered
when identifying response systems and equipment in a response plan for
the applicable operating environment. Factors to consider include, but
are not limited to, significant wave height as specified in Sec. Sec.
154.1045, 154.1047, 154.1225, or 154.1325, as appropriate; ice
conditions, temperatures, weather-related visibility, and currents
within the COTP zone in which the systems or equipment are intended to
function.
Animal fat means a non-petroleum oil, fat, or grease derived from
animals, and not specifically identified elsewhere in this part.
Average most probable discharge means a discharge of the lesser of
50 barrels or 1 percent of the volume of the worst case discharge.
Captain of the Port (COTP) Zone means a zone specified in 33 CFR
part 3 and, where applicable, the seaward extension of that zone to the
outer boundary of the exclusive economic zone (EEZ).
Complex means a facility possessing a combination of marine-
transportation related and non-transportation-related components that is
subject to the jurisdiction of more than one Federal agency under
section 311(j) of the Clean Water Act.
Exclusive economic zone (EEZ) means the zone contiguous to the
territorial sea of the United States extending to a distance up to 200
nautical miles from the baseline from which the breadth of the
territorial sea is measured.
Facility that could reasonably be expected to cause significant and
substantial harm means any MTR facility (including piping and any
structures that are used for the transfer of oil between a vessel and a
facility) classified as a ``significant and substantial harm'' facility
under Sec. 154.1015(c) and Sec. 154.1216.
Facility that could reasonably be expected to cause substantial harm
means any MTR facility classified as a ``substantial harm'' facility
under Sec. 154.1015(b) and Sec. 154.1216.
Fish and Wildlife and Sensitive Environment means areas that may be
identified by either their legal designation or by Area Committees in
the applicable Area Contingency Plan (ACP) (for planning) or by members
of the Federal On-Scene Coordinator's spill response structure (during
responses). These areas may include: Wetlands, national and state parks,
critical habitats for endangered or threatened species, wilderness and
natural resource areas, marine sanctuaries and estuarine reserves,
conservation areas, preserves, wildlife areas, wildlife refuges, wild
and scenic rivers, areas of economic importance, recreational areas,
national forests, Federal and state lands that are research areas,
heritage program areas, land trust areas, and historical and
archaeological sites and parks. These areas may also include unique
habitats such as: aquaculture
[[Page 341]]
sites and agricultural surface water intakes, bird nesting areas,
critical biological resource areas, designated migratory routes, and
designated seasonal habitats.
Great Lakes means Lakes Superior, Michigan, Huron, Erie, and
Ontario, their connecting and tributary waters, the Saint Lawrence River
as far as Saint Regis, and adjacent port areas.
Higher volume port area means the following ports:
(1) Boston, MA.
(2) New York, NY.
(3) Delaware Bay and River to Philadelphia, PA.
(4) St. Croix, VI.
(5) Pascagoula, MS.
(6) Mississippi River from Southwest Pass, LA. to Baton Rouge, LA.
(7) Louisiana Offshore Oil Port (LOOP), LA.
(8) Lake Charles, LA.
(9) Sabine-Neches River, TX.
(10) Galveston Bay and Houston Ship Channel, TX.
(11) Corpus Christi, TX.
(12) Los Angeles/Long Beach harbor, CA.
(13) San Francisco Bay, San Pablo Bay, Carquinez Strait, and Suisun
Bay to Antioch, CA.
(14) Straits of Juan De Fuca from Port Angeles, WA, to and including
Puget Sound, WA.
(15) Prince William Sound, AK.
Inland area means the area shoreward of the boundary lines defined
in 46 CFR part 7, except in the Gulf of Mexico. In the Gulf of Mexico,
it means the area shoreward of the lines of demarcation (COLREG lines)
defined in Sec. Sec. 80.740 through 80.850 of this chapter. The inland
area does not include the Great Lakes.
Marine transportation-related facility (MTR facility) means any
onshore facility or segment of a complex regulated under section 311(j)
of the Federal Water Pollution Control Act (FWPCA) by two or more
Federal agencies, including piping and any structure used or intended to
be used to transfer oil to or from a vessel, subject to regulation under
this part and any deepwater port subject to regulation under part 150 of
this chapter. For a facility or segment of a complex regulated by two or
more Federal agencies under section 311(j) of the FWPCA, the MTR portion
of the complex extends from the facility oil transfer system's
connection with the vessel to the first valve inside the secondary
containment surrounding tanks in the non-transportation-related portion
of the facility or, in the absence of secondary containment, to the
valve or manifold adjacent to the tanks comprising the non-
transportation-related portion of the facility, unless another location
has otherwise been agreed to by the COTP and the appropriate Federal
official.
Maximum extent practicable means the planned capability to respond
to a worst case discharge in adverse weather, as contained in a response
plan that meets the criteria in this subpart or in a specific plan
approved by the cognizant COTP.
Maximum most probable discharge means a discharge of the lesser of
1,200 barrels or 10 percent of the volume of a worst case discharge.
Nearshore area means the area extending seaward 12 miles from the
boundary lines defined in 46 CFR part 7, except in the Gulf of Mexico.
In the Gulf of Mexico, it means the area extending seaward 12 miles from
the line of demarcation (COLREG lines) defined in Sec. Sec. 80.740-
80.850 of this chapter.
Non-persistent or Group I oil means a petroleum-based oil that, at
the time of shipment, consists of hydrocarbon fractions--
(1) At least 50 percent of which by volume, distill at a temperature
of 340 degrees C (645 degrees F); and
(2) At least 95 percent of which by volume, distill at a temperature
of 370 degrees C (700 degrees F).
Ocean means the offshore area and nearshore area as defined in this
subpart.
Offshore area means the area beyond 12 nautical miles measured from
the boundary lines defined in 46 CFR part 7 extending seaward to 50
nautical miles, except in the Gulf of Mexico. In the Gulf of Mexico, it
is the area beyond 12 nautical miles of the line of demarcation (COLREG
lines) defined in Sec. Sec. 80.740-80.850 of this chapter extending
seaward to 50 nautical miles.
Oil means oil of any kind or in any form, including, but not limited
to, petroleum, fuel oil, sludge, oil refuse, oil
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mixed with wastes other than dredge spoil.
Oil spill removal organization (OSRO) means an entity that provides
response resources.
On-Scene Coordinator (OSC) means the definition in the National Oil
and Hazardous Substances Pollution Contingency Plan (40 CFR part 300).
Operating area means Rivers and Canals, Inland, Nearshore, Great
Lakes, or Offshore geographic location(s) in which a facility is
handling, storing, or transporting oil.
Operating environment means Rivers and Canals, Inland, Great Lakes,
or Ocean. These terms are used to define the conditions in which
response equipment is designed to function.
Operating in compliance with the plan means operating in compliance
with the provisions of this subpart including, ensuring the availability
of the response resources by contract or other approved means, and
conducting the necessary training and drills.
Other non-petroleum oil means a non-petroleum oil of any kind that
is not generally an animal fat or vegetable oil.
Persistent oil means a petroleum-based oil that does not meet the
distillation criteria for a non-persistent oil. For the purposes of this
subpart, persistent oils are further classified based on specific
gravity as follows:
(1) Group II--specific gravity of less than .85.
(2) Group III--specific gravity equal to or greater than .85 and
less than .95.
(3) Group IV--specific gravity equal to or greater than .95 and less
than or equal to 1.0.
(4) Group V--specific gravity greater than 1.0.
Qualified individual and alternate qualified individual means a
person located in the United States who meets the requirements of Sec.
154.1026.
Response activities means the containment and removal of oil from
the land, water, and shorelines, the temporary storage and disposal of
recovered oil, or the taking of other actions as necessary to minimize
or mitigate damage to the public health or welfare or the environment.
Response resources means the personnel, equipment, supplies, and
other capability necessary to perform the response activities identified
in a response plan.
Rivers and canals means a body of water confined within the inland
area, including the Intracoastal Waterways and other waterways
artificially created for navigation, that has a project depth of 12 feet
or less.
Specific gravity means the ratio of the mass of a given volume of
liquid at 15 [deg]C (60 [deg]F) to the mass of an equal volume of pure
water at the same temperature.
Spill management team means the personnel identified to staff the
organizational structure identified in a response plan to manage
response plan implementation.
Substantial threat of a discharge means any incident or condition
involving a facility that may create a risk of discharge of oil. Such
incidents include, but are not limited to storage tank or piping
failures, above ground or underground leaks, fires, explosions,
flooding, spills contained within the facility, or other similar
occurrences.
Tier means the combination of required response resources and the
times within which the resources must arrive on scene.
[Note: Tiers are applied in three categories:
(1) Higher Volume Port Areas,
(2) Great Lakes, and
(3) All other operating environments, including rivers and canals,
inland, nearshore, and offshore areas.
Appendix C, Table 4 of this part, provides specific guidance on
calculating response resources. Sections 154.1045(f) and 154.1135, set
forth the required times within which the response resources must arrive
on-scene.]
Vegetable oil means a non-petroleum oil or fat derived from plant
seeds, nuts, kernels or fruits, and not specifically identified
elsewhere in this part.
Worst case discharge means in the case of an onshore facility and
deepwater port, the largest foreseeable discharge in adverse weather
conditions meeting the requirements of Sec. 154.1029.
[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-1999-5149, 65
FR 40825, June 30, 2000]
[[Page 343]]
Sec. 154.1025 Operating restrictions and interim operating authorization.
(a) The owner or operator of an MTR facility who submitted a
response plan prior to May 29, 1996, may elect to comply with any of the
provisions of this final rule by revising the appropriate section of the
previously submitted plan in accordance with Sec. 154.1065. An owner or
operator of an MTR facility who elects to comply with all sections of
this final rule must resubmit the plan in accordance with Sec. 154.1060
of this part.
(b) No facility subject to this subpart may handle, store, or
transport oil unless it is operating in full compliance with a submitted
response plan. No facility categorized under Sec. 154.1015(c) as a
significant and substantial harm facility may handle, store, or
transport oil unless the submitted response plan has been approved by
the COTP. The owner or operator of each new facility to which this
subpart applies must submit a response plan meeting the requirements
listed in Sec. 154.1017 not less than 60 days prior to handling,
storing, or transporting oil. Where applicable, the response plan shall
be submitted along with the letter of intent required under Sec.
154.110.
(c) Notwithstanding the requirements of paragraph (b) of this
section, a facility categorized under Sec. 154.1015(c) as a significant
and substantial harm facility may continue to handle, store, or
transport oil for 2 years after the date of submission of a response
plan, pending approval of that plan. To continue to handle, store, or
transport oil without a plan approved by the COTP, the facility owner or
operator shall certify in writing to the COTP that the owner or operator
has ensured, by contract or other approved means as described in Sec.
154.1028(a), the availability of the necessary private personnel and
equipment to respond, to the maximum extend practicable to a worst case
discharge or substantial threat of such a discharge from the facility.
Provided that the COTP is satisfied with the certification of response
resources provided by the owner or operator of the facility, the COTP
will provide written authorization for the facility to handle, store, or
transport oil while the submitted response plan is being reviewed.
Pending approval of the submitted response plan, deficiencies noted by
the COTP must be corrected in accordance with Sec. 154.1070.
(d) A facility may not continue to handle, store, or transport oil
if--
(1) The COTP determines that the response resources identified in
the facility certification statement or reference response plan do not
substantially meet the requirements of this subpart;
(2) The contracts or agreements cited in the facility's
certification statement or referenced response plans are no longer
valid;
(3) The facility is not operating in compliance with the submitted
plan;
(4) The response plan has not been resubmitted or approved within
the last 5 years; or
(5) The period of the authorization under paragraph (c) of this
section has expired.
Sec. 154.1026 Qualified individual and alternate qualified individual.
(a) The response plan must identify a qualified individual and at
least one alternate who meet the requirements of this section. The
qualified individual or alternate must be available on a 24-hour basis
and be able to arrive at the facility in a reasonable time.
(b) The qualified individual and alternate must:
(1) Be located in the United States;
(2) Speak fluent English;
(3) Be familiar with the implementation of the facility response
plan; and
(4) Be trained in the responsibilities of the qualified individual
under the response plan.
(c) The owner or operator shall provide each qualified individual
and alternate qualified individual identified in the plan with a
document designating them as a qualified individual and specifying their
full authority to:
(1) Activate and engage in contracting with oil spill removal
organization(s);
(2) Act as a liaison with the predesignated Federal On-Scene
Coordinator (OSC); and
(3) Obligate funds required to carry out response activities.
(d) The owner or operator of a facility may designate an
organization to
[[Page 344]]
fulfill the role of the qualified individual and the alternate qualified
individual. The organization must then identify a qualified individual
and at least one alternate qualified individual who meet the
requirements of this section. The facility owner or operator is required
to list in the response plan the organization, the person identified as
the qualified individual, and the person or person(s) identified as the
alternate qualified individual(s).
(e) The qualified individual is not responsible for--
(1) The adequacy of response plans prepared by the owner or
operator; or
(2) Contracting or obligating funds for response resources beyond
the authority contained in their designation from the owner or operator
of the facility.
(f) The liability of a qualified individual is considered to be in
accordance with the provisions of 33 USC 1321(c)(4).
Sec. 154.1028 Methods of ensuring the availability of response resources
by contract or other approved means.
(a) When required in this subpart, the availability of response
resources must be ensured by the following methods:
(1) A written contractual agreement with an oil spill removal
organization. The agreement must identify and ensure the availability of
specified personnel and equipment required under this subpart within
stipulated response times in the specified geographic areas;
(2) Certification by the facility owner or operator that specified
personnel and equipment required under this subpart are owned, operated,
or under the direct control of the facility owner or operator, and are
available within stipulated response times in the specified geographic
areas;
(3) Active membership in a local or regional oil spill removal
organization that has identified specified personnel and equipment
required under this subpart that are available to respond to a discharge
within stipulated response times in the specified geographic areas;
(4) A document which--
(i) Identifies the personnel, equipment, and services capable of
being provided by the oil spill removal organization within stipulated
response times in the specified geographic areas;
(ii) Sets out the parties' acknowledgment that the oil spill removal
organization intends to commit the resources in the event of a response;
(iii) Permits the Coast Guard to verify the availability of the
identified response resources through tests, inspections, and drills;
and
(iv) Is referenced in the response plan; or
(5) The identification of an oil spill removal organization with
specified equipment and personnel available within stipulated response
times in specified geographic areas. The organization must provide
written consent to being identified in the plan.
(b) The contracts and documents required in paragraph (a) of this
section must be retained at the facility and must be produced for review
upon request by the COTP.
Sec. 154.1029 Worst case discharge.
(a) The response plan must use the appropriate criteria in this
section to develop the worst case discharge.
(b) For the MTR segment of a facility, not less than--
(1) Where applicable, the loss of the entire capacity of all in-line
and break out tank(s) needed for the continuous operation of the
pipelines used for the purposes of handling or transporting oil, in
bulk, to or from a vessel regardless of the presence of secondary
containment; plus
(2) The discharge from all piping carrying oil between the marine
transfer manifold and the non-transportation-related portion of the
facility. The discharge from each pipe is calculated as follows: The
maximum time to discover the release from the pipe in hours, plus the
maximum time to shut down flow from the pipe in hours (based on historic
discharge data or the best estimate in the absence of historic discharge
data for the facility) multiplied by the maximum flow rate expressed in
barrels per hour (based on the maximum relief valve setting or maximum
system pressure when relief valves are not provided) plus the total line
drainage volume expressed in barrels for the pipe between the marine
[[Page 345]]
manifold and the non-transportation-related portion of the facility; and
(c) For a mobile facility it means the loss of the entire contents
of the container in which the oil is stored or transported.
Sec. 154.1030 General response plan contents.
(a) The plan must be written in English.
(b) A response plan must be divided into the sections listed in this
paragraph and formatted in the order specified herein unless noted
otherwise. It must also have some easily found marker identifying each
section listed below. The following are the sections and subsections of
a facility response plan:
(1) Introduction and plan contents.
(2) Emergency response action plan:
(i) Notification procedures.
(ii) Facility's spill mitigation procedures.
(iii) Facility's response activities.
(iv) Fish and wildlife and sensitive environments.
(v) Disposal plan.
(3) Training and Exercises:
(i) Training procedures.
(ii) Exercise procedures.
(4) Plan review and update procedures.
(5) Appendices.
(i) Facility-specific information.
(ii) List of contacts.
(iii) Equipment lists and records.
(iv) Communications plan.
(v) Site-specific safety and health plan.
(vi) List of acronyms and definitions.
(vii) A geographic-specific appendix for each zone in which a mobile
facility operates.
(c) The required contents for each section and subsection of the
plan are contained in Sec. Sec. 154.1035, 154.1040, and 154.1041, as
appropriate.
(d) The sections and subsections of response plans submitted to the
COTP must contain at a minimum all the information required in
Sec. Sec. 154.1035, 154.1040, and 154.1041, as appropriate. It may
contain other appropriate sections, subsections, or information that are
required by other Federal, State, and local agencies.
(e) For initial and subsequent submission, a plan that does not
follow the format specified in paragraph (b) of this section must be
supplemented with a detailed cross-reference section to identify the
location of the applicable sections required by this subpart.
(f) The information contained in a response plan must be consistent
with the National Oil and Hazardous Substances Pollution Contingency
Plan (NCP) (40 CFR part 300) and the Area Contingency Plan(s) (ACP)
covering the area in which the facility operates. Facility owners or
operators shall ensure that their response plans are in accordance with
the ACP in effect 6 months prior to initial plan submission or the
annual plan review required under Sec. 154.1065(a). Facility owners or
operators are not required to, but may at their option, conform to an
ACP which is less than 6 months old at the time of plan submission.
Sec. 154.1035 Specific requirements for facilities that could reasonably
be expected to cause significant and substantial harm to the environment.
(a) Introduction and plan content. This section of the plan must
include facility and plan information as follows:
(1) The facility's name, street address, city, county, state, ZIP
code, facility telephone number, and telefacsimile number, if so
equipped. Include mailing address if different from street address.
(2) The facility's location described in a manner that could aid
both a reviewer and a responder in locating the specific facility
covered by the plan, such as, river mile or location from a known
landmark that would appear on a map or chart.
(3) The name, address, and procedures for contacting the facility's
owner or operator on a 24-hour basis.
(4) A table of contents.
(5) During the period that the submitted plan does not have to
conform to the format contained in this subpart, a cross index, if
appropriate.
(6) A record of change(s) to record information on plan updates.
(b) Emergency Response Action Plan. This section of the plan must be
organized in the subsections described in this paragraph:
[[Page 346]]
(1) Notification procedures. (i) This subsection must contain a
prioritized list identifying 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. The telephone number need not
be provided if it is listed separately in the list of contacts required
in the plan. This Notification Procedures listing must include--
(A) Facility response personnel, the spill management team, oil
spill removal organizations, and the qualified individual(s) and the
designated alternate(s); and
(B) Federal, State, or local agencies, as required.
(ii) This subsection must 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 as required
in part 153 of this chapter. 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 responsible party
------------------------------------------------------------------------
Name Name
Phones () - Phones () -
Company Company
Position Organization Type:
Address Private citizen
Address Private enterprise
Public utility
Local government
State government
Federal government
City City
State State
Zip Zip
------------------------------------------------------------------------
* It is not necessary to wait for all information before calling NRC.
National Response Center--1-800-424-8802.
Were materials Discharged (Y/N)?
Calling for Responsible Party (Y/N)
------------------------------------------------------------------------
Incident Description
------------------------------------------------------------------------
Source and/or Cause of Incident
------------------------------------------------------------------------
Date - - Time:
Cause
------------------------------------------------------------------------
Incident Address/Location Nearest City
Distance from City
Storage Tank Container Type--Above ground (Y/N) Below ground (Y/N)
Unknown
------------------------------------------------------------------------
Facility Capacity
------------------------------------------------------------------------
Tank Capacity
Latitude Degrees
Longitude Degrees
Mile Post or River Mile
------------------------------------------------------------------------
Materials
------------------------------------------------------------------------
Discharge Unit of Quantity Measure Discharged Material Quantity in Water
------------------------------------------------------------------------
Response Action
------------------------------------------------------------------------
Actions Taken to Correct or Mitigate Incident
------------------------------------------------------------------------
[[Page 347]]
Impact
------------------------------------------------------------------------
Number of Injuries Number of Fatalities
Were there Evacuations (Y/N/U)? Number Evacuated
Was there any Damage (Y/N/U)? Damage in Dollars
------------------------------------------------------------------------
Additional Information
------------------------------------------------------------------------
Any information about the Incident not recorded elsewhere in the report
------------------------------------------------------------------------
Caller Notifications
------------------------------------------------------------------------
USCG EPA State Other
(2) Facility's spill mitigation procedures. (i) This subsection must
describe the volume(s) and oil groups that would be involved in the--
(A) Average most probable discharge from the MTR facility;
(B) Maximum most probable discharge from the MTR facility;
(C) Worst case discharge from the MTR facility; and
(D) Where applicable, the worst case discharge from the non-
transportation-related facility. This must be the same volume provided
in the response plan for the non-transportation-related facility.
(ii) This subsection must contain prioritized procedures for
facility personnel to mitigate or prevent any discharge or substantial
threat of a discharge of oil resulting from operational activities
associated with internal or external facility transfers including
specific procedures to shut down affected operations. Facility personnel
responsible for performing specified procedures to mitigate or prevent
any discharge or potential discharge shall be identified by job title. A
copy of these procedures shall be maintained at the facility operations
center. These procedures must address actions to be taken by facility
personnel in the event of a discharge, potential discharge, or emergency
involving the following equipment and scenarios:
(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 or external facility transfers.)
(iii) This subsection must contain a listing of equipment and the
responsibilities of facility personnel to mitigate an average most
probable discharge.
(3) Facility's response activities. (i) This subsection must contain
a description of the facility personnel's responsibilities to initiate a
response and supervise response resources pending the arrival of the
qualified individual.
(ii) This subsection must contain a description of the
responsibilities and authority of the qualified individual and alternate
as required in Sec. 154.1026.
(iii) This subsection must describe the organizational structure
that will be used to manage the response actions. This structure must
include the following functional areas.
(A) Command and control;
(B) Public information;
(C) Safety;
(D) Liaison with government agencies;
(E) Spill Operations;
(F) Planning;
(G) Logistics support; and
(H) Finance.
(iv) This subsection must identify the oil spill removal
organizations and the spill management team to:
(A) Be capable of providing the following response resources:
(1) Equipment and supplies to meet the requirements of Sec. Sec.
154.1045, 154.1047 or subparts H or I of this part, as appropriate; and
(2) Trained personnel necessary to continue operation of the
equipment
[[Page 348]]
and staff of the oil spill removal organization and spill management
team for the first 7 days of the response.
(B) This section must include job descriptions for each spill
management team member within the organizational structure described in
paragraph (b)(3)(iii) of this section. These job descriptions should
include the responsibilities and duties of each spill management team
member in a response action.
(v) For mobile facilities that operate in more than one COTP zone,
the plan must identify the oil spill removal organization and the spill
management team in the applicable geographic-specific appendix. The oil
spill removal organization(s) and the spill management team discussed in
paragraph (b)(3)(iv)(A) of this section must be included for each COTP
zone in which the facility will handle, store, or transport oil in bulk.
(4) Fish and wildlife and sensitive environments. (i) This section
of the plan must identify areas of economic importance and environmental
sensitivity, as identified in the ACP, which are potentially impacted by
a worst case discharge. ACPs are required under section 311(j)(4) of the
FWPCA to identify fish and wildlife and sensitive environments. The
applicable ACP shall be used to designate fish and wildlife and
sensitive environments in the plan. Changes to the ACP regarding fish
and wildlife and sensitive environments shall be included in the annual
update of the response plan, when available.
(ii) For a worst case discharge from the facility, this section of
the plan must--
(A) List all fish and wildlife and sensitive environments identified
in the ACP which are potentially impacted by a discharge of persistent
oils, non-persistent oils, or non-petroleum oils.
(B) Describe all the response actions that the facility anticipates
taking to protect these fish and wildlife and sensitive environments.
(C) Contain a map or chart showing the location of those fish and
wildlife and sensitive environments which are potentially impacted. The
map or chart shall also depict each response action that the facility
anticipates taking to protect these areas. A legend of activities must
be included on the map page.
(iii) For a worst case discharge, this section must identify
appropriate equipment and required personnel, available by contract or
other approved means as described in Sec. 154.1028, to protect fish and
wildlife and sensitive environments which fall within the distances
calculated using the methods outlined in this paragraph as follows:
(A) Identify the appropriate equipment and required personnel to
protect all fish and wildlife and sensitive environments in the ACP for
the distances, as calculated in paragraph (b)(4)(iii)(B) of this
section, that the persistent oils, non-persistent oils, or non-petroleum
oils are likely to travel in the noted geographic area(s) and number of
days listed in Table 2 of appendix C of this part;
(B) Calculate the distances required by paragraph (b)(4)(iii)(A) of
this section by selecting one of the methods described in this
paragraph;
(1) Distances may be calculated as follows:
(i) For persistent oils and non-petroleum oils discharged into non-
tidal waters, the distance from the facility reached in 48 hours at
maximum current.
(ii) For persistent and non-petroleum oils discharged into tidal
waters, 15 miles from the facility down current during ebb tide and to
the point of maximum tidal influence or 15 miles, whichever is less,
during flood tide.
(iii) For non-persistent oils discharged into non-tidal waters, the
distance from the facility reached in 24 hours at maximum current.
(iv) For non-persistent oils discharged into tidal waters, 5 miles
from the facility down current during ebb tide and to the point of
maximum tidal influence or 5 miles, whichever is less, during flood
tide.
(2) A spill trajectory or model may be substituted for the distances
calculated under paragraph (b)(4)(iii)(B)(l) of this section. The spill
trajectory or model must be acceptable to the COTP.
(3) The procedures contained in the Environmental Protection's
Agency's regulations on oil pollution prevention for non-transportation-
related onshore facilities at 40 CFR part 112, appendix
[[Page 349]]
C, Attachment C-III may be substituted for the distances listed in non-
tidal and tidal waters; and
(C) Based on historical information or a spill trajectory or model,
the COTP may require the additional fish and wildlife and sensitive
environments also be protected.
(5) Disposal Plan. This subsection must describe any actions to be
taken or procedures to be used to ensure that all recovered oil and oil
contaminated debris produced as a result of any discharge are disposed
according to Federal, state, or local requirements.
(c) Training and exercises. This section must be divided into the
following two subsections:
(1) Training procedures. This subsection must describe the training
procedures and programs of the facility owner or operator to meet the
requirements in Sec. 154.1050.
(2) Exercise procedures. This subsection must describe the exercise
program to be carried out by the facility owner or operator to meet the
requirements in Sec. 154.1055.
(d) Plan review and update procedures. This section must address the
procedures to be followed by the facility owner or operator to meet the
requirements of Sec. 154.1065 and the procedures to be followed for any
post-discharge review of the plan to evaluate and validate its
effectiveness.
(e) Appendices. This section of the response plan must include the
appendices described in this paragraph.
(1) Facility-specific information. This appendix must contain a
description of the facility's principal characteristics.
(i) There must be a physical description of the facility including a
plan of the facility showing the mooring areas, transfer locations,
control stations, locations of safety equipment, and the location and
capacities of all piping and storage tanks.
(ii) The appendix must identify the sizes, types, and number of
vessels that the facility can transfer oil to or from simultaneously.
(iii) The appendix must identify the first valve(s) on facility
piping separating the transportation-related portion of the facility
from the non-transportation-related portion of the facility, if any. For
piping leading to a manifold located on a dock serving tank vessels,
this valve is the first valve inside the secondary containment required
by 40 CFR part 112.
(iv) The appendix must contain information on the oil(s) and
hazardous material handled, stored, or transported at the facility in
bulk. A material safety data sheet meeting the requirements of 29 CFR
1910.1200, 33 CFR 154.310(a)(5) or an equivalent will meet this
requirement. This information can be maintained separately providing it
is readily available and the appendix identifies its location. This
information must include--
(A) The generic or chemical name;
(B) A description of the appearance and odor;
(C) The physical and chemical characteristics;
(D) The hazards involved in handling the oil(s) and hazardous
materials. This shall include hazards likely to be encountered if the
oil(s) and hazardous materials come in contact as a result of a
discharge; and
(E) A list of firefighting procedures and extinguishing agents
effective with fires involving the oil(s) and hazardous materials.
(v) The appendix may contain any other information which the
facility owner or operator determines to be pertinent to an oil spill
response.
(2) List of contacts. This appendix must include information on 24-
hour contact of key individuals and organizations. If more appropriate,
this information may be specified in a geographic-specific appendix. The
list must include--
(i) The primary and alternate qualified individual(s) for the
facility;
(ii) The contact(s) identified under paragraph (b)(3)(iv) of this
section for activation of the response resources; and
(iii) Appropriate Federal, State, and local officials.
(3) Equipment list and records. This appendix must include the
information specified in this paragraph.
(i) The appendix must contain a list of equipment and facility
personnel required to respond to an average most probable discharge, as
defined in Sec. 154.1020. The appendix must also list the location of
the equipment.
[[Page 350]]
(ii) The appendix must contain a detailed listing of all the major
equipment identified in the plan as belonging to an oil spill removal
organization(s) that is available, by contract or other approved means
as described in Sec. 154.1028(a), to respond to a maximum most probable
or worst case discharge, as defined in Sec. 154.1020. The detailed
listing of all major equipment may be located in a separate document
referenced by the plan. Either the appendix or the separate document
referenced in the plan must provide the location of the major response
equipment.
(iii) It is not necessary to list response equipment from oil spill
removal organization(s) when the organization has been classified by the
Coast Guard and their capacity has been determined to equal or exceed
the response capability needed by the facility. For oil spill removal
organization(s) classified by the Coast Guard, the classification must
be noted in this section of the plan. When it is necessary for the
appendix to contain a listing of response equipment, it shall include
all of the following items that are identified in the response plan:
Skimmers; booms; dispersant application, in-situ burning, bioremediation
equipment and supplies, and other equipment used to apply other chemical
agents on the NCP Product Schedule (if applicable); communications,
firefighting, and beach cleaning equipment; boats and motors; disposal
and storage equipment; and heavy equipment. The list must include for
each piece of equipment--
(A) The type, make, model, and year of manufacture listed on the
nameplate of the equipment;
(B) For oil recovery devices, the effective daily recovery rate, as
determined using section 6 of Appendix C of this part;
(C) For containment boom, the overall boom height (draft and
freeboard) and type of end connectors;
(D) The spill scenario in which the equipment will be used for or
which it is contracted;
(E) The total daily capacity for storage and disposal of recovered
oil;
(F) For communication equipment, the type and amount of equipment
intended for use during response activities. Where applicable, the
primary and secondary radio frequencies must be specified.
(G) Location of the equipment; and
(H) The date of the last inspection by the oil spill removal
organization(s).
(4) Communications plan. This appendix must describe the primary and
alternate method of communication during discharges, including
communications at the facility and at remote locations within the areas
covered by the response plan. The appendix may refer to additional
communications packages provided by the oil spill removal organization.
This may reference another existing plan or document.
(5) Site-specific safety and health plan. This appendix must
describe the safety and health plan to be implemented for any response
location(s). It must provide as much detailed information as is
practicable in advance of an actual discharge. This appendix may
reference another existing plan requiring under 29 CFR 1910.120.
(6) List of acronyms and definitions. This appendix must list all
acronyms used in the response plan including any terms or acronyms used
by Federal, State, or local governments and any operational terms
commonly used at the facility. This appendix must include all
definitions that are critical to understanding the response plan.
[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-2000-7223, 65
FR 40058, June 29, 2000; USCG-2001-9286, 66 FR 33641, June 25, 2001]
Sec. 154.1040 Specific requirements for facilities that could reasonably
be expected to cause substantial harm to the environment.
(a) The owner or operator of a facility that, under Sec. 154.1015,
could reasonably be expected to cause substantial harm to the
environment, shall submit a response plan that meets the requirements of
Sec. 154.1035, except as modified by this section.
(b) The facility's response activities section of the response plan
need not list the facility or corporate organizational structure that
will be used to manage the response, as required by Sec.
154.1035(b)(3)(iii).
[[Page 351]]
(c) The owner or operator of a facility must ensure the availability
of response resources required to be identified in Sec.
154.1035(b)(3)(iv) by contract or other approved means described in
Sec. 154.1028.
(d) A facility owner or operator must have at least 200 feet of
containment boom and the means of deploying and anchoring the boom
available at the spill site within 1 hour of the detection of a spill to
respond to the average most probable discharge in lieu of the quantity
of containment boom specified in Sec. 154.1045(c)(1). Based on site-
specific or facility-specific information, the COTP may specify that
additional quantities of containment boom are available within one hour.
In addition, there must be adequate sorbent material for initial
response to an average most probable discharge. If the facility is a
fixed facility, the containment boom and sorbent material must be
located at the facility. If the facility is a mobile facility, the
containment boom and sorbent must be available locally and be at the
site of the discharge within 1 hour of its discovery.
Sec. 154.1041 Specific response information to be maintained on mobile
MTR facilities.
(a) Each mobile MTR facility must carry the following information as
contained in the response plan when performing transfer operations:
(1) A description of response activities for a discharge which may
occur during transfer operations. This may be a narrative description or
a list of procedures to be followed in the event of a discharge.
(2) Identity of response resources to respond to a discharge from
the mobile MTR facility.
(3) List of the appropriate persons and agencies (including the
telephone numbers) to be contacted in regard to a discharge and its
handling, including the National Response Center.
(b) The owner or operator of the mobile facility must also retain
the information in this paragraph at the principal place of business.
Sec. 154.1045 Response plan development and evaluation criteria for
facilities that handle, store, or transport Group I through Group IV
petroleum oils.
(a) The owner or operator of a facility that handles, stores, or
transports Group I through Group IV petroleum oils shall use the
criteria in this section to evaluate response resources identified in
the response plan for the specified operating environment.
(1) The criteria in Table 1 of appendix C of this part are to be
used solely for identification of appropriate equipment in a response
plan. These criteria reflect conditions used for planning purposes to
select mechanical response equipment and are not conditions that would
limit response actions or affect normal facility operations.
(2) The response resources must be evaluated considering limitations
for the COTP zones in which the facility operates, including but not
limited to--
(i) Ice conditions;
(ii) Debris;
(iii) Temperature ranges;
(iv) Weather-related visibility; and
(v) Other appropriate environmental conditions as determined by the
COTP.
(3) The COTP may reclassify a specific body of water or location
within the COTP zone. Any reclassifications will be identified by the
COTP in the applicable ACP. Reclassifications may be to--
(i) A more stringent operating environment if the prevailing wave
conditions exceed the significant wave height criteria during more than
35 percent of the year; or
(ii) A less stringent operating environment if the prevailing wave
conditions do not exceed the significant wave height criteria for the
less stringent operating environment during more than 35 percent of the
year.
(b) Response equipment must--
(1) Meet or exceed the operating criteria listed in Table 1 of
appendix C of this part;
(2) Function in the applicable operating environment; and
(3) Be appropriate for the petroleum oil carried.
(c) The response plan for a facility that handles, stores, or
transports Group I through Group IV petroleum
[[Page 352]]
oils must identify response resources that are available, by contract or
other approved means as described in Sec. 154.1028(a)(1)(4), to respond
to the facility's average most probable discharge. The response
resources must include, at a minimum--
(1) 1,000 feet of containment boom or two times the length of the
largest vessel that regularly conducts petroleum oil transfers to or
from the facility, whichever is greater, and the means of deploying and
anchoring the boom available at the spill site within 1 hour of the
detection of a spill; and
(2) Oil recovery devices and recovered oil storage capacity capable
of being at the spill site within 2 hours of the discovery of a
petroleum oil discharge from a facility.
(d) The response plan for a facility that handles, stores, or
transports Group I through Group IV petroleum oils must identify
response resources that are available, by contract or other approved
means as described in Sec. 154.1028(a)(1)(4), to respond to a discharge
up to the facility's maximum most probable discharge volume.
(1) The response resources must include sufficient containment boom,
oil recovery devices, and storage capacity for any recovery of up to the
maximum most probable discharge planning volume, as contained in
appendix C.
(2) The response resources must be appropriate for each group of
petroleum oil identified in Sec. 154.1020 that is handled, stored, or
transported by the facility.
(3) These response resources must be positioned such that they can
arrive at the scene of a discharge within the following specified times:
(i) The equipment identified in paragraphs (c)(1) and (c)(2) of this
section or in Sec. 154.1040(d) must arrive within the times specified
in those paragraphs or that section, as appropriate.
(ii) In higher volume port areas and the Great Lakes, response
resources must be capable of arriving on scene within 6 hours of the
discovery of an petroleum oil discharge from a facility.
(iii) In all other locations, response resources must be capable of
arriving on scene within 12 hours of the discovery of a petroleum oil
discharge from a facility.
(4) The COTP may determine that mobilizing response resources to an
area beyond the response times indicated in this paragraph invalidates
the response plan. In this event, the COTP may impose additional
operational restrictions (e.g., limitations on the number of transfers
at a facility), or, at the COTP's discretion, the facility may operate
with temporarily modified response plan development and evaluation
criteria (e.g., modified response times, alternate response resources,
etc.).
(e) The response plan for a facility that handles, stores, or
transports Group I through Group IV petroleum oils must identify the
response resources that are available, by contract or other approved
means as described in Sec. 154.1028(a)(1)(4), to respond to the worst
case discharge volume of petroleum oil to the maximum extent
practicable.
(1) The location of these response resources must be suitable to
meet the response times identified in paragraph (f) of this section for
the applicable geographic area(s) of operation and response tier.
(2) The response resources must be appropriate for--
(i) The volume of the facility's worst case discharge;
(ii) Group(s) of petroleum oil as identified in Sec. 154.1020 that
are handled, stored, or transported by the facility; and
(iii) The geographic area(s) in which the facility operates.
(3) The response resources must include sufficient boom, oil
recovery devices, and storage capacity to recover the worst case
discharge planning volumes.
(4) The guidelines in appendix C of this part must be used for
calculating the quantity of response resources required to respond at
each tier to the worst case discharge to the maximum extent practicable.
(5) When determining response resources necessary to meet the
requirements of this section, a portion of those resources must be
capable of use in close-to-shore response activities in shallow water.
The following percentages of the response equipment identified for the
applicable geographic area
[[Page 353]]
must be capable of operating in waters of 6 feet or less depth.
(i) Offshore--10 percent.
(ii) Nearshore/inland/Great Lakes/rivers and canals--20 percent.
(6) The COTP may determine that mobilizing response resources to an
area beyond the response times indicated in this paragraph invalidates
the response plan. In this event, the COTP may impose additional
operational restrictions (e.g., limitations on the number of transfers
at a facility), or, at the COTP's discretion, the facility may be
permitted to operate with temporarily modified response plan development
and evaluation criteria (e.g., modified response times, alternate
response resources, etc.).
(f) Response equipment identified in a response plan for a facility
that handles, stores, or transports Group I through Group IV petroleum
oils must be capable of arriving on scene within the times specified in
this paragraph for the applicable response tier in a higher volume port
area, Great Lakes, and in other areas. Response times for these tiers
from the time of discovery of a discharge are--
------------------------------------------------------------------------
Tier 1 Tier 2 Tier 3
(hrs.) (hrs.) (hrs.)
------------------------------------------------------------------------
Higher volume port area (except for a TAPAA 6 30 54
facility located in Prince William Sound,
see Sec. 154.1135)........................
Great Lakes.................................. 12 36 60
All other river and canal, inland, nearshore, 12 36 60
and offshore areas..........................
------------------------------------------------------------------------
(g) For the purposes of arranging for response resources for a
facility that handles, stores, or transports Group I through Group IV
petroleum oils, by contract or other approved means as described in
Sec. 154.1028(a)(1)-(4), response equipment identified for Tier 1 plan
credit must be capable of being mobilized and en route to the scene of a
discharge within 2 hours of notification. The notification procedures
identified in the plan must provide for notification and authorization
of mobilization of identified Tier 1 response resources--
(1) Either directly or through the qualified individual; and
(2) Within 30 minutes of a discovery of a discharge or substantial
threat of discharge.
(h) Response resources identified for Tier 2 and Tier 3 plan credit
must be capable of arriving on scene within the time specified for the
applicable tier.
(i) The response plan for a facility that is located in any
environment with year-round preapproval for use of dispersants and that
handles, stores, or transports Group II or III persistent petroleum oils
may request a credit for up to 25 percent of the on-water recovery
capability set forth by this part. To receive this credit, the facility
owner or operator must identify in the plan and ensure, by contract or
other approved means as described in Sec. 154.1028(a)(1)-(4), the
availability of specified resources to apply the dispersants and to
monitor their effectiveness. The extent of the credit will be based on
the volumes of the dispersant available to sustain operations at the
manufacturers' recommend dosage rates. Resources identified for plan
credit should be capable of being on scene within 12 hours of a
discovery of a discharge. Identification of these resources does not
imply that they will be authorized for use. Actual authorization for use
during a spill response will be governed by the provisions of the NCP
and the applicable ACP.
(j) A response plan for a facility that handles, stores, or
transports Group I through Group IV petroleum oils must identify
response resources with firefighting capability. The owner or operator
of a facility that does not have adequate firefighting resources located
at the facility or that can not rely on sufficient local firefighting
resources must identify and ensure, by contract or other approved means
as described in Sec. 154.1028(a)(1)-(4), the availability of adequate
firefighting resources. The response plan must also identify an
individual located at the facility to work with the fire department for
petroleum oil fires. This individual shall also verify that sufficient
well-trained firefighting resources are available within a reasonable
time to respond to a worst case discharge. The individual may be the
qualified individual as defined in Sec. 154.1020 and identified in the
response plan or another appropriate individual located at the facility.
(k) The response plan for a facility that handles, stores, or
transports
[[Page 354]]
Groups I through IV petroleum oils must identify equipment and required
personnel available, by contract or other approved means as described in
Sec. 154.1028(a) (1)-(4), to protect fish and wildlife and sensitive
environments.
(1) Except as set out in paragraph (k)(2) of this section, the
identified response resources must include the quantities of boom
sufficient to protect fish and wildlife and sensitive environments as
required by Sec. 154.1035(b)(4).
(2) The resources and response methods identified in a facility
response plan must be consistent with the required resources and
response methods to be used in fish and wildlife and sensitive
environments, contained in the appropriate ACP. Facility owners or
operators shall ensure that their response plans are in accordance with
the ACP in effect 6 months prior to initial plan submission or the
annual plan review required under Sec. 154.1065(a). Facility owners or
operators are not required to, but may at their option, conform to an
ACP which is less than 6 months old at the time of plan submission.
(l) The response plan for a facility that handles, stores, or
transports Groups I through IV petroleum oils must identify an oil spill
removal organization(s) with response resources that are available, by
contract or other approved means as described in Sec. 154.1028(a) (1)-
(4), to effect a shoreline cleanup operation commensurate with the
quantity of emulsified petroleum oil to be planned for in shoreline
cleanup operations.
(1) Except as required in paragraph (l)(2) of this section, the
shoreline cleanup response resources required must be determined as
described in appendix C of this part.
(2) The resources and response methods identified in a facility
response plan must be consistent with the required shoreline cleanup
resources and methods contained in the appropriate ACP. Facility owners
or operators shall ensure that their response plans are in accordance
with the ACP in effect 6 months prior to initial plan submission or the
annual plan review required under Sec. 154.1065(a). Facility owners or
operators are not required to, but may at their option, conform to an
ACP which is less than 6 months old at the time of plan submission.
(m) Appendix C of this part describes the procedures to determine
the maximum extent practicable quantity of response resources that must
be identified and available, by contract or other approved means as
described in Sec. 154.1028(a) (1)-(4), for the maximum most probable
discharge volume, and for each worst case discharge response tier.
(1) Included in appendix C of this part is a cap that recognizes the
practical and technical limits of response capabilities that an
individual facility owner or operator can be expected to contract for in
advance.
(2) Table 5 in appendix C of this part lists the caps that apply in
February 18, 1993, and February 18, 1998. Depending on the quantity and
type of petroleum oil handled by the facility and the facility's
geographic area of operations, the resource capability caps in this
table may be reached. The owner or operator of a facility whose
estimated recovery capacity exceeds the applicable contracting caps in
Table 5 shall identify sources of additional equipment equal to twice
the cap listed in Tiers 1, 2, and 3 or the amount necessary to reach the
calculated planning volume, whichever is lower. The identified resources
must be capable of arriving on scene not later than the Tier 1, 2, and 3
response times in this section. No contract is required. While general
listings of available response equipment may be used to identify
additional sources, a response plan must identify the specific sources,
locations, and quantities of equipment that a facility owner or operator
has considered in his or her planning. When listing Coast Guard
classified oil spill removal organization(s) which have sufficient
removal capacity to recover the volume above the response capability cap
for the specific facility, as specified in Table 5 in appendix C of this
part, it is not necessary to list specific quantities of equipment.
(n) The Coast Guard will initiate a review of cap increases and
other requirements contained within this subpart that are scheduled to
be phased in over time. Any changes in the requirements of this section
will occur
[[Page 355]]
through a public notice and comment process.
(1) During this review, the Coast Guard will determine if the
scheduled increase for February 1998 remains practicable, and will also
establish a specific cap for 2003. The review will include but is not
limited to--
(i) Increase in skimming efficiencies and design technology;
(ii) Oil tracking technology;
(iii) High rate response techniques;
(iv) Other applicable response technologies; and
(v) Increases in the availability of private response resources.
(2) All scheduled future requirements will take effect unless the
Coast Guard determines that they are not practicable. Scheduled changes
will be effective in February 1998 and 2003 unless the review of the
additional requirements has not been completed by the Coast Guard. If
this occurs, the additional requirements will not be effective until 90
days after publication of a Federal Register notice with the results of
the review.
Sec. 154.1047 Response plan development and evaluation criteria for
facilities that handle, store, or transport Group V petroleum oils.
(a) An owner or operator of a facility that handles, stores, or
transports Group V petroleum oils must provide information in his or her
response plan that identifies--
(1) Procedures and strategies for responding to a worst case
discharge of Group V petroleum oils to the maximum extent practicable;
and
(2) Sources of the equipment and supplies necessary to locate,
recover, and mitigate such a discharge.
(b) An owner or operator of a facility that handles, stores, or
transports Group V petroleum oil must ensure that any equipment
identified in a response plan is capable of operating in the conditions
expected in the geographic area(s) in which the facility operates using
the criteria in Table 1 of appendix C of this part. When evaluating the
operability of equipment, the facility owner or operator must consider
limitations that are identified in the ACPs for the COTP zones in which
the facility operates, including--
(1) Ice conditions;
(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
(c) The owner or operator of a facility that handles, stores, or
transports Group V petroleum oil must identify the response resources
that are available by contract or other approved means as described in
Sec. 154.1028. The equipment identified in a response plan must
include--
(1) Sonar, sampling equipment, or other methods for locating the
petroleum oil on the bottom or suspended in the water column;
(2) Containment boom, sorbent boom, silt curtains, or other methods
for containing the petroleum oil that may remain floating on the surface
or to reduce spreading on the bottom;
(3) Dredges, pumps, or other equipment necessary to recover
petroleum oil from the bottom and shoreline;
(4) Equipment necessary to assess the impact of such discharges; and
(5) Other appropriate equipment necessary to respond to a discharge
involving the type of petroleum oil handled, stored, or transported.
(d) Response resources identified in a response plan for a facility
that handles, stores, or transports Group V petroleum oils under
paragraph (c) of this section must be capable of being at the spill site
within 24 hours of discovery of a discharge.
(e) A response plan for a facility that handles, stores, or
transports Group V petroleum oils must identify response resources with
firefighting capability. The owner or operator of a facility that does
not have adequate firefighting resources located at the facility or that
can not rely on sufficient local firefighting resources must identity
and ensure, by contract or other approved means as described in Sec.
154.1028, the availability of adequate firefighting resources. The
response plan must also identify an individual located at the facility
to work with the fire department for petroleum oil fires. This
individual shall also verify that sufficient well-trained firefighting
resources are available within a reasonable response time to a worst
case scenario. The individual may be the qualified individual as defined
in Sec. 154.1020 and identified in
[[Page 356]]
the response plan or another appropriate individual located at the
facility.
Sec. 154.1050 Training.
(a) A response plan submitted to meet the requirements of Sec. Sec.
154.1035 or 154.1040, as appropriate, must identify the training to be
provided to each individual with responsibilities under the plan. A
facility owner or operator must identify the method to be used for
training any volunteers or casual laborers used during a response to
comply with the requirements of 29 CFR 1910.120.
(b) 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 the U.S. Coast Guard.
Records for facility personnel must be maintained at the facility for 3
years.
(c) 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.
(d) 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.
Sec. 154.1055 Exercises.
(a) A response plan submitted by an owner or operator of an MTR
facility must include an exercise program containing both announced and
unannounced exercises. The following are the minimum exercise
requirements for facilities covered by this subpart:
(1) Qualified individual notification exercises (quarterly).
(2) Spill management team tabletop exercises (annually). In a 3-year
period, at least one of these exercises must include a worst case
discharge scenario.
(3) Equipment deployment exercises:
(i) Semiannually for facility owned and operated equipment.
(ii) Annually for oil spill removal organization equipment.
(4) Emergency procedures exercises (optional).
(5) Annually, at least one of the exercises listed in Sec.
154.1055(a)(2) through (4) must be unannounced. Unannounced means the
personnel participating in the exercise must not be advised in advance,
of the exact date, time and scenario of the exercise.
(6) The facility owner or operator shall design the exercise program
so that all components of the response plan are exercised at least once
every 3 years. All of the components do not have to be exercised at one
time; they may be exercised over the 3-year period through the required
exercises or through an Area exercise.
(b) A facility owner or operator shall participate in unannounced
exercises, as directed by the COTP. The objectives of the unannounced
exercises will be to test notifications and equipment deployment for
response to the average most probable discharge. After participating in
an unannounced exercise directed by a COTP, the owner or operator will
not be required to participate in another COTP initiated unannounced
exercise for at least 3 years from the date of the exercise.
(c) A facility owner or operator shall participate in Area exercises
as directed by the applicable On-Scene Coordinator. The Area exercises
will involve equipment deployment to respond to the spill scenario
developed by the Exercise Design Team, of which the facility owner or
operator will be a member. After participating in an Area exercise, a
facility owner or operator will not be required to participate in
another Area exercise for at least 6 years.
(d) The facility owner or operator shall ensure that adequate
records of all required exercises are maintained at the facility for 3
years. Records shall be made available to the Coast Guard upon request.
(e) The response plan submitted to meet the requirements of this
subpart
[[Page 357]]
must specify the planned exercise program. The plan must detail the
exercise program, including the types of exercises, frequency, scope,
objectives and the scheme for exercising the entire response plan every
3 years.
(f) Compliance with the National Preparedness for Response Exercise
Program (PREP) Guidelines will satisfy the facility response plan
exercise requirements. These guidelines are available from the TASC DEPT
Warehouse, 33141Q 75th Avenue, Landover, MD 20875 (fax: 301-386-5394,
stock number USCG-X0241). Compliance with an alternative program that
meets the requirements of paragraph (a) of this section and has been
approved under Sec. 154.1060 will also satisfy the facility response
plan exercise requirements.
Note to paragraph (f): The PREP guidelines are available online at
http://dmses.dot.gov/docimages/pdf1a/198001--web.pdf.
[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCGD-2003-15404,
68 FR 37741, June 25, 2003]
Sec. 154.1057 Inspection and maintenance of response resources.
(a) A facility owner or operator required to submit a response plan
under this part must ensure that--
(1) Containment booms, skimmers, vessels, and other major equipment
listed or referenced in the plan are periodically inspected and
maintained in good operating condition, in accordance with
manufacturer's recommendations, and best commercial practices; and
(2) All inspection and maintenance is documented and that these
records are maintained for 3 years.
(b) For equipment which must be inspected and maintained under this
section the Coast Guard may--
(1) Verify that the equipment inventories exist as represented;
(2) Verify the existences of records required under this section;
(3) Verify that the records of inspection and maintenance reflect
the actual condition of any equipment listed or referenced; and
(4) Inspect and require operational tests of equipment.
(c) This section does not apply to containment booms, skimmers,
vessels, and other major equipment listed or referenced in the plan and
ensured available from an oil spill removal organization through the
written consent required under Sec. 154.1028(a)(5).
Sec. 154.1060 Submission and approval procedures.
(a) The owner or operator of a facility to which this subpart
applies shall submit one copy of a facility response plan meeting the
requirements of this subpart to the COTP for initial review and, if
appropriate, approval.
(b) The owner or operator of a facility to which this subpart
applies shall include a statement certifying that the plan meets the
applicable requirements of subparts F, G, H, and I of this part, as
appropriate.
(c) For an MTR facility that is located in the inland response zone
where the EPA Regional Administrator is the predesignated Federal On-
Scene Coordinator, the COTP may consult with the EPA Federal On-Scene
Coordinator prior to any final approval.
(d) For an MTR facility identified in Sec. 154.1015(c) of this
subpart that is also required to prepare a response plan under 40 CFR
part 112, if the COTP determines that the plan meets all applicable
requirements and the EPA Regional Administrator raises no objection to
the response plan contents, the COTP will notify the facility owner or
operator in writing that the plan is approved.
(e) The plan will be valid for a period of up to 5 years. The
facility owner or operator must resubmit an updated plan every 5 years
as follows:
(1) For facilities identified in only Sec. 154.1015(b) of this
subpart, the 5-year period will commence on the date the plan is
submitted to the COTP.
(2) For facilities identified in Sec. 154.1015(c) of this subpart,
the 5-year period will commence on the date the COTP approves the plan.
(3) All resubmitted response plans shall be accompanied by a cover
letter containing a detailed listing of all revisions to the response
plan.
(f) For an MTR facility identified in Sec. 154.1015(c)(2) the COTP
will notify the facility owner or operator in writing that the plan is
approved.
[[Page 358]]
(g) If a COTP determines that a plan does not meet the requirements
of this subpart either upon initial submission or upon 5-year
resubmission, the COTP will return the plan to the facility owner or
operator along with an explanation of the response plan's deficiencies.
The owner or operator must correct any deficiencies in accordance with
Sec. 154.1070 and return the plan to the COTP within the time specified
by the COTP in the letter describing the deficiencies.
(h) The facility owner or operator and the qualified individual and
the alternative qualified individual shall each maintain a copy of the
most current response plan submitted to the COTP. One copy must be
maintained at the facility in a position where the plan is readily
available to persons in charge of conducting transfer operations.
Sec. 154.1065 Plan review and revision procedures.
(a) A facility owner or operator must review his or her response
plan(s) annually. This review shall incorporate any revisions to the
plan, including listings of fish and wildlife and sensitive environments
identified in the ACP in effect 6 months prior to plan review.
(1) For an MTR facility identified in Sec. 154.1015(c) of this
subpart as a ``significant and substantial harm facility,'' this review
must occur within 1 month of the anniversary date of COTP approval of
the plan. For an MTR facility identified in Sec. 154.1015(b) of this
subpart, as a ``substantial harm facility'' this review must occur
within 1 month of the anniversary date of submission of the plan to the
COTP.
(2) The facility owner or operator shall submit any revision(s) to
the response plan to the COTP and all other holders of the response plan
for information or approval, as appropriate.
(i) Along with the revisions, the facility owner or operator shall
submit a cover letter containing a detailed listing of all revisions to
the response plan.
(ii) If no revisions are required, the facility owner or operator
shall indicate the completion of the annual review on the record of
changes page.
(iii) The COTP will review the revision(s) submitted by the owner or
operator and will give written notice to the owner or operator of any
COTP objection(s) to the proposed revisions within 30 days of the date
the revision(s) were submitted to the COTP. The revisions shall become
effective not later than 30 days from their submission to the COTP
unless the COTP indicates otherwise in writing as provided in this
paragraph. If the COTP indicates that the revision(s) need to be
modified before implementation, the owner or operator will modify the
revision(s) within the time period set by the COTP.
(3) Any required revisions must be entered in the plan and noted on
the record of changes page.
(b) The facility owner or operator shall submit revisions to a
previously submitted or approved plan to the COTP and all other holders
of the response plan for information or approval within 30 days,
whenever there is--
(1) A change in the facility's configuration that significantly
affects the information included in the response plan;
(2) A change in the type of oil (petroleum oil group) handled,
stored, or transported that affects the required response resources;
(3) A change in the name(s) or capabilities of the oil spill removal
organization required by Sec. 154.1045;
(4) A change in the facility's emergency response procedures;
(5) 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 plan previously
submitted or approved, as appropriate, unless the revised plan is
approved or interim operating approval is received under Sec. 154.1025;
or
(6) Any other changes that significantly affect the implementation
of the plan.
(c) Except as required in paragraph (b) of this section, revisions
to personnel and telephone number lists included in the response plan do
not require COTP approval. The COTP and all other holders of the
response plan shall be advised of these revisions and provided a copy of
the revisions as they occur.
[[Page 359]]
(d) The COTP may require a facility owner or operator to revise a
response plan at any time as a result of a compliance inspection if the
COTP determines that the response plan does not meet the requirements of
this subpart or as a result of inadequacies noted in the response plan
during an actual pollution incident at the facility.
Sec. 154.1070 Deficiencies.
(a) The cognizant COTP will notify the facility owner or operator in
writing of any deficiencies noted during review of a response plan,
drills observed by the Coast Guard, or inspection of equipment or
records maintained in connection with this subpart.
(b) Deficiencies shall be corrected within the time period specified
in the written notice provided by the COTP. The facility owner or
operator who disagrees with a deficiency issued by the COTP may appeal
the deficiency to the cognizant COTP within 7 days or the time specified
by the COTP to correct the deficiency, whichever is less. This time
commences from the date of receipt of the COTP notice. The owner or
operator may request a stay from the COTP decision pending appeal in
accordance with Sec. 154.1075.
(c) If the facility owner or operator fails to correct any
deficiencies or submit a written appeal, the COTP may invoke the
provisions of Sec. 154.1025 prohibiting the facility from storing,
handling, or transporting oil.
Sec. 154.1075 Appeal process.
(a) Any owner or operator of a facility who desires to appeal the
classification that a facility could reasonably be expected to cause
substantial harm or significant and substantial harm to the environment,
shall submit a written request to the cognizant COTP requesting review
and reclassification by the COTP. The facility owner or operator shall
identify those factors to be considered by the COTP. The factors to be
considered by the COTP regarding reclassification of a facility include,
but are not limited to, those listed in Sec. 154.1016(b). After
considering all relevant material presented by the facility owner or
operator and any additional material available to the COTP, the COTP
will notify the facility owner or operator of the decision on the
reclassification of the facility.
(b) Any facility owner or operator directly affected by an initial
determination or action of the COTP may submit a written request to the
cognizant COTP requesting review and reconsideration of the COTP's
decision or action. The facility owner or operator shall identify those
factors to be considered by the COTP in making his or her decision on
reconsideration.
(c) Within 10 days of the COTP's decision under paragraph (b) of
this section, the facility owner or operator may appeal the decision of
the COTP to the District Commander. This appeal shall be made in writing
via the cognizant COTP to the District Commander of the district in
which the office of the COTP is located.
(d) Within 30 days of the District Commander's decision, the
facility owner or operator may formally appeal the decision of the
District Commander. This appeal shall be submitted in writing to
Commandant (G-MOR) via the District Commander.
(e) When considering an appeal, the COTP, District Commander, or
Commandant may stay the effect of the decision or action being appealed
pending the determination of the appeal.
[CGD 91-036, 61 FR 7930, Feb. 29, 1996, as amended by CGD 96-026, 61 FR
33666, June 28, 1996]
Subpart G_Additional Response Plan Requirements for a Trans-Alaska
Pipeline Authorization Act (TAPAA) Facility Operating in Prince William
Sound, Alaska
Source: CGD 91-036, 61 FR 7930, Feb. 29, 1996, unless otherwise
noted.
Sec. 154.1110 Purpose and applicability.
(a) This subpart establishes oil spill response planning
requirements for a facility permitted under the Tans-Alaska Pipeline
Authorization Act (TAPAA), in addition to the requirements of subpart F
of this part. The requirements of this subpart are intended for use in
developing response plans
[[Page 360]]
and identifying response resources during the planning process. They are
not performance standards.
(b) The information required by this subpart must be included in the
Prince William Sound facility-specific appendix to the facility response
plan required by subpart F of this part.
Sec. 154.1115 Definitions.
In addition to the definitions in this section, the definitions in
Sec. Sec. 154.105 and 154.1020 apply to this subpart. As used in this
subpart--
Crude oil means any liquid hydrocarbon mixture occurring naturally
in the earth, whether or not treated to render it suitable for
transportation, and includes crude oil from which certain distillate
fractions may have been removed, and crude oil to which certain
distillate fractions may have been added.
Non-crude oil means any oil other than crude oil.
Prince William Sound means all State and Federal waters within
Prince William Sound, Alaska, including the approach to Hinchinbrook
Entrance out to and encompassing Seal Rocks.
Sec. 154.1120 Operating restrictions and interim operating authorization.
(a) The owner or operator of a TAPAA facility may not operate in
Prince William Sound, Alaska, unless the requirements of this subpart as
well as Sec. 154.1025 have been met. The owner or operator of a TAPAA
facility shall certify to the COTP that he or she has provided, through
an oil spill removal organization required by Sec. 154.1125, the
necessary response resources to remove, to the maximum extend
practicable, a worst case discharge or a discharge of 200,000 barrels of
oil, whichever is grater, in Prince William Sound.
(b) Coast Guard approval of a TAPAA facility response plan is
effective only so long as the appropriate Regional Citizens Advisory
Council(s) is funded pursuant to the requirements of section 5002(k) of
the Oil Pollution Act of 1990 (Pub. L. 101-380; 104 Stat. 484, 550).
Sec. 154.1125 Additional response plan requirements.
(a) The owner or operator of a TAPAA facility shall include the
following information in the Prince William Sound appendix to the
response plan required by subpart F of this part:
(1) Oil spill removal organization. Identification of an oil spill
removal organization that shall--
(i) Perform response activities;
(ii) Provide oil spill removal and containment training, including
training in the operation of prepositioned equipment for personnel,
including local residents and fishermen, from the following locations in
Prince William Sound:
(A) Valdez;
(B) Tatitlek;
(C) Cordova;
(D) Whittier;
(E) Chenega; and
(F) Fish hatcheries located at Port San Juan, Main Bay, Esther
Island, Cannery Creek, and Solomon Gulch.
(iii) Provide a plan for training, in addition to the personnel
listed in paragraph (a)(1)(ii) of this section, sufficient numbers of
trained personnel to remove, to the maximum extent practicable, a worst
case discharge; and
(iv) Address the responsibilities required in Sec.
154.1035(b)(3)(iii).
(2) Exercises. Identification of exercise procedures that must--
(i) Provide for two exercises of the oil spill removal organization
each year that test the ability of the prepositioned equipment and
trained personnel required under this subpart to perform effectively;
(ii) Consist of both announced and unannounced drills; and
(iii) Include design(s) for exercises that test either the entire
appendix or individual components(s).
(3) Testing, inspection, and certification. Identification of a
testing, inspecting, and certification program for the prepositioned
response equipment required in Sec. 154.1130 that must provide for--
(i) Annual testing and equipment inspection in accordance with the
manufacturer's recommended procedures, to include--
(A) Start-up and running under load all electrical motors, pumps,
power
[[Page 361]]
packs, air compressors, internal combustion engines, and oil recovery
devices; and
(B) Removal for inspection of no less than one-third of required
boom from storage annually, such that all boom will have been removed
and inspected within a period of 3 years; and
(ii) Records of equipment tests and inspection.
(iii) Use of an independent entity to certify that the equipment is
on-site and in good operating condition and that required tests and
inspection have been preformed. The independent entity must have
appropriate training and expertise to provide this certification.
(4) Prepositioned response equipment. Identification and location of
the prepositioned response equipment required in Sec. 154.1130
including the make, model, and effective daily recovery rate of each oil
recovery resource.
(b) The owner or operator of a TAPAA facility shall submit to the
COTP a schedule for the training and drills required by the geographic-
specific appendix for Prince William Sound for the following calendar
year.
(c) All records required by this section must be available for
inspection by the COTP.
Sec. 154.1130 Requirements for prepositioned response equipment.
The owner or operator of a TAPAA facility shall provide the
following prepositioned response equipment, located within Prince
William Sound, in addition to that required by Sec. Sec. 154.1035,
154.1045, or 154.1050:
(a) On-water recovery equipment with a minimum effective daily
recovery rate of 30,000 barrels capable of being a scene within 2 hours
of notification of a discharge.
(b) On-water storage capacity of 100,000 barrels for recovered oily
material capable of being on scene within 2 hours of notification of a
discharge.
(c) On-water recovery equipment with a minimum effective daily
recovery rate of 40,000 barrels capable of being on scene within 18
hours of notification of discharge.
(d) On-water storage capacity of 300,000 barrels for recovered oily
material capable of being on scene within 12 hours of notification of a
discharge.
(e) On-water recovery devices and storage equipment located in
communities at strategic locations.
(f) Equipment as identified below, for the locations identified in
Sec. 154.1125(a)(1)(ii) sufficient for the protection of the
environment in these locations:
(1) Boom appropriate for the specific locations.
(2) Sufficient boats to deploy boom and sorbents.
(3) Sorbent materials.
(4) Personnel protective clothing and equipment.
(5) Survival equipment.
(6) First aid supplies.
(7) Buckets, shovels, and various other tools.
(8) Decontamination equipment.
(9) Shoreline cleanup equipment.
(10) Mooring equipment.
(11) Anchored buoys at appropriate locations to facilitate the
positioning of defensive boom.
(12) Other appropriate removal equipment for the protection of the
environment as identified by the COTP.
Sec. 154.1135 Response plan development and evaluation criteria.
The following response times must be used in determining the on
scene arrival time in Prince William Sound for the response resources
required by Sec. 154.1045:
------------------------------------------------------------------------
Tier 1 Tier 2 tier 3
(hrs.) (hrs.) (hrs.)
------------------------------------------------------------------------
Prince William Sound Area.................... 12 24 36
------------------------------------------------------------------------
Sec. 154.1140 TAPAA facility contracting with a vessel.
The owner or operator of a TAPAA facility may contract with a vessel
owner or operator to meet some of all of the requirements of subpart G
of part 155 of this chapter. The extent to which these requirements are
met by the contractual arrangement will be determined by the COTP.
Subpart H_Response Plans for Animal Fats and Vegetable Oils Facilities
Source: CGD 91-036, 61 FR 7931, Feb. 29, 1996, unless otherwise
noted.
[[Page 362]]
Sec. 154.1210 Purpose and applicability.
(a) The requirements of this subpart are intended for use in
developing response plans and identifying response resources during the
planning process. They are not performance standards.
(b) This subpart establishes oil spill response planning
requirements for an owner or operator of a facility that handles,
stores, or transports animal fats or vegetable oils including--
(1) A fixed MTR facility capable of transferring oil in bulk, to or
from a vessel with a capacity of 250 barrels or more; and
(2) A mobile MTR facility used or intended to be used to transfer
oil to or from a vessel with a capacity of 250 barrels or more.
[USCG-1999-5149, 65 FR 40825, June 30, 2000]
Sec. 154.1216 Facility classification.
(a) The Coast Guard classifies facilities that handle, store, or
transport animal fats or vegetable oils as ``substantial harm''
facilities because they may cause substantial harm to the environment by
discharging oil.
(b) The COTP may change the classification of a facility that
handles, stores, or transports animal fats or vegetable oils. The COTP
may consider the following factors, and any other relevant factors,
before changing the classification of a facility:
(1) The type and quantity of oils handled.
(2) The spill history of the facility.
(3) The age of the facility.
(4) The public and commercial water supply intakes near the
facility.
(5) The navigable waters near the facility. Navigable waters is
defined in 33 CFR part 2.05-25.
(6) The fish, wildlife, and sensitive environments near the
facility.
[USCG-1999-5149, 65 FR 40825, June 30, 2000]
Sec. 154.1220 Response plan submission requirements.
(a) The owner or operator of an MTR facility identified in Sec.
154.1216 as a substantial harm facility, shall prepare and submit to the
cognizant COTP a response plan that complies with this subpart and all
sections of subpart F of this part, as appropriate, except Sec. Sec.
154.1015, 154.1016, 154.1017, 154.1028, 154.1045 and 154.1047.
(b) The owner or operator of an MTR facility classified by the COTP
under Sec. 154.1216(b) as a significant and substantial harm facility,
shall prepare and submit for review and approval of the cognizant COTP a
response plan that complies with this subpart and all sections of
subpart F of this part, as appropriate, except Sec. Sec. 154.1015,
154.1016, 154.1017, 154.1028, 154.1045 and 154.1047.
(c) In addition to the requirements in paragraph (a) of this
section, the response plan for a mobile MTR facility must meet the
requirements of Sec. 154.1041 subpart F.
[USCG-1999-5149, 65 FR 40825, June 30, 2000]
Sec. 154.1225 Specific response plan development and evaluation criteria
and other requirements for fixed facilities that handle, store, or
transport animal
fats or vegetable oils.
(a) The owner or operator of a fixed facility that handles, stores,
or transports animal fats or vegetable oils must include information in
the response plan that identifies--
(1) The procedures and strategies for responding to a worst case
discharge and to an average most probable discharge of an animal fat or
vegetable oil to the maximum extent practicable; and
(2) Sources of the equipment and supplies necessary to locate,
recover, and mitigate such a discharge.
(b) The owner or operator of a fixed facility must ensure the
equipment listed in the response plan will operate in the geographic
area(s) where the facility operates. To determine if the equipment will
operate, the owner or operator must--
(1) Use the criteria in Table 1 and Section 2 of appendix C of this
part; and
(2) Consider the limitations in the area contingency plan for the
COTP zone where the facility is located, including
(i) Ice conditions;
(ii) Debris;
(iii) Temperature ranges; and
(iv) Weather-related visibility.
(c) The owner or operator of a facility that handles, stores, or
transports animal fats or vegetable oils must
[[Page 363]]
name the personnel and list the equipment, including those that are
specified in Sec. 154.1240, that are available by contract or by a
method described in Sec. 154.1228(a). The owner or operator is not
required, but may at their option, refer to the tables in Environmental
Protection Agency regulations, 40 CFR 112, Appendix E, Section 10.0,
Tables 6 and 7, to determine necessary response resources.
(d) The owner or operator of a facility that handles, stores, or
transports animal fats or vegetable oils must ensure that the response
resources in paragraph (c) of this section are able to effectively
respond to an incident within the amount of time indicated in the
following table, unless otherwise specified in Sec. 154.1240:
------------------------------------------------------------------------
Tier 1
(hrs.) Tier 2 Tier 3
------------------------------------------------------------------------
Higher volume port area........ 6 N/A N/A.
Great Lakes.................... 12 N/A N/A.
All other river and canal, 12 N/A N/A.
inland, nearshore, and
offshore areas.
------------------------------------------------------------------------
(e) The owner or operator of a facility that handles, stores, or
transports animal fats or vegetable oils must--
(1) List in the plan the personnel and equipment that the owner or
operator will use to fight fires.
(2) If there is not enough equipment or personnel located at the
facility, arrange by contract or a method described in Sec.
154.1228(a), or through a cooperative agreement with public fire-
fighting resources, to have the necessary personnel and equipment
available to fight fires.
(3) Identify an individual located at the facility who will work
with the fire department on fires, involving an animal fat or vegetable
oil. The individual--
(i) Verifies that there are enough trained personnel and operating
equipment within a reasonable distance to the incident to fight fires.
(ii) Can be the qualified individual defined in Sec. 154.1020 or an
appropriate individual located at the facility.
(f) For a fixed facility, except for facilities that are part of a
non-transportation-related fixed onshore facility with a storage
capacity of less than 42,000 gallons, the owner or operator must also
ensure and identify, through contract or a method described in Sec.
154.1228, response resources for an average most probable discharge,
including--
(1) At least 1,000 feet of containment boom or two times the length
of the longest vessel that regularly conducts operations at the
facility, whichever is greater, and the means of deploying and anchoring
the boom within 1 hour of the discovery of an incident. Based on site-
specific or facility-specific information, the COTP may require the
facility owner or operator to make available additional quantities of
containment boom within 1 hour of an incident;
(2) Adequate sorbent material located at the facility;
(3) Oil recovery devices and recovered oil storage capacity capable
of being at the incident's site within 2 hours of the discovery of an
incident; and
(4) Other appropriate equipment necessary to respond to an incident
involving the type of oil handled.
(g) For a mobile facility or a fixed facility that is part of a non-
transportation-related onshore facility with a storage capacity of less
than 42,000 gallons, the owner or operator must meet the requirements of
Sec. 154.1041, and ensure and identify, through contract or a method
described in Sec. 154.1228, response resources for an average most
probable discharge, including--
(1) At least 200 feet of containment boom and the means of deploying
and anchoring the boom within 1 hour of the discovery of an incident.
Based on site-specific or facility-specific information, the COTP may
require the facility owner or operator to make available additional
quantities of containment boom within 1 hour of the discovery of an
incident;
(2) Adequate sorbent material capable of being at the site of an
incident within 1 hour of its discovery;
(3) Oil recovery devices and recovered oil storage capacity capable
of being at incident's site within 2 hours of the discovery of an
incident; and
(4) Other equipment necessary to respond to an incident involving
the type of oil handled.
[[Page 364]]
(h) The response plan for a facility that is located in any
environment with year-round preapproval for use of dispersants and that
handles, stores, or transports animal fats and vegetables oils may
request a credit for up to 25 percent of the worst case planning volume
set forth by subpart F of this part. To receive this credit, the
facility owner or operator must identify in the plan and ensure, by
contract or other approved means as described in Sec. 154.1228(a), the
availability of specified resources to apply the dispersants and to
monitor their effectiveness. The extent of the credit for dispersants
will be based on the volumes of the dispersants available to sustain
operations at the manufacturers' recommended dosage rates. Other spill
mitigation techniques, including mechanical dispersal, may be identified
in the response plan provided they are in accordance with the NCP and
the applicable ACP. Resources identified for plan credit should be
capable of being on scene within 12 hours of a discovery of a discharge.
Identification of these resources does not imply that they will be
authorized for use. Actual authorization for use during a spill response
will be governed by the provisions of the NCP and the applicable ACP.
[CGD 91-036, 61 FR 7931, Feb. 29, 1996, as amended by USCG-1999-5149, 65
FR 40826, June 30, 2000]
Sec. 154.1228 Methods of ensuring the availability of response resources
by contract or other approved means.
(a) When required in this subpart, the availability of response
resources must be ensured by the following methods:
(1) The identification of an oil spill removal organization with
specified equipment and personnel available within stipulated response
times in specified geographic areas. The organization must provide
written consent to being identified in the plan;
(2) A document which--
(i) Identifies the personnel, equipment, and services capable of
being provided by the oil spill removal organization within stipulated
response times in the specified geographic areas;
(ii) Sets out the parties' acknowledgment that the oil spill removal
organization intends to commit the resources in the event of a response;
(iii) Permits the Coast Guard to verify the availability of the
identified response resources through tests, inspections, and drills;
(iv) Is referenced in the response plan;
(3) Active membership in a local or regional oil spill removal
organization that has identified specified personnel and equipment
required under this subpart that are available to response to a
discharge within stipulated response times in the specified geographic
areas;
(4) Certification by the facility owner or operator that specified
personnel and equipment required under this subpart are owned, operated,
or under the direct control of the facility owner or operator, and are
available within stipulated response times in the specified geographic
areas; or
(5) A written contractual agreement with an oil spill removal
organization. The agreement must identify and ensure the availability of
specified personnel and equipment required under this subpart within
stipulated response times in the specified geographic areas.
(b) The contracts and documents required in paragraph (a) of this
section must be retained at the facility and must be produced for review
upon request by the COTP.
Sec. 154.1240 Specific requirements for animal fats and vegetable oils
facilities that could reasonably be expected to cause substantial harm
to the
environment.
(a) The owner or operator of a facility, classified under Sec.
154.1216 as a facility that could reasonably be expected to cause
substantial harm to the environment, must submit a response plan that
meets the requirements of Sec. 154.1035, except as modified by this
section.
(b) The plan does not need to list the facility or corporate
organizational structure that the owner or operator will use to manage
the response, as required by Sec. 154.1035(b)(3)(iii).
(c) The owner or operator must ensure and identify, by contract or a
method described in Sec. 154.1228, that the response resources required
under
[[Page 365]]
Sec. 154.1035(b)(3)(iv) are available for a worst case discharge.
[USCG-1999-5149, 65 FR 40827, June 30, 2000]
Subpart I_Response Plans for Other Non-Petroleum Oil Facilities
Source: CGD 91-036, 61 FR 7932, Feb. 29, 1996, unless otherwise
noted.
Sec. 154.1310 Purpose and applicability.
This subpart establishes oil spill response planning requirements
for an owner or operator of a facility that handles, stores, or
transports other non-petroleum oils. The requirements of this subpart
are intended for use in developing response plans and identifying
response resources during the planning process. They are not performance
standards.
Sec. 154.1320 Response plan submission requirements.
An owner or operator of a facility that handles, stores, or
transports other non-petroleum oils shall submit a response plan in
accordance with the requirements of this subpart, and with all sections
of subpart F of this part, except Sec. Sec. 154.1045 and 154.1047,
which apply to petroleum oils.
Sec. 154.1325 Response plan development and evaluation criteria for
facilities that handle, store, or transport other non-petroleum oils.
(a) An owner or operator of a facility that handles, stores, or
transports other non-petroleum oils must provide information in his or
her plan that identifies--
(1) Procedures and strategies for responding to a worst case
discharge of other non-petroleum oils to the maximum extent practicable;
and
(2) Sources of the equipment and supplies necessary to locate,
recover, and mitigate such a discharge.
(b) An owner or operator of a facility that handles, stores, or
transports other non-petroleum oils must ensure that any equipment
identified in a response plan is capable of operating in the conditions
expected in the geographic area(s) in which the facility operates using
the criteria in Table 1 of appendix C of this part. When evaluating the
operability of equipment, the facility owner or operator must consider
limitations that are identified in the ACPs for the COTP zone in which
the facility is located, including--
(1) Ice conditions;
(2) Debris;
(3) Temperature ranges; and
(4) Weather-related visibility.
(c) The owner or operator of a facility that handles, stores, or
transports other non-petroleum oils must identify the response resources
that are available by contract or other approved means as described in
Sec. 154.1028(a). The equipment identified in a response plan must
include--
(1) Containment boom, sorbent boom, or other methods for containing
oil floating on the surface or to protect shorelines from impact;
(2) Oil recovery devices appropriate for the type of other non-
petroleum oils handled; and
(3) Other appropriate equipment necessary to respond to a discharge
involving the type of oil handled.
(d) Response resources identified in a response plan under paragraph
(c) of this section must be capable of commencing an effective on-scene
response within the times specified in this paragraph for the applicable
operating area:
------------------------------------------------------------------------
Tier 1 Tier Tier
(hrs.) 2 3
------------------------------------------------------------------------
Higher volume port area........................... 6 N/A N/A
Great Lakes....................................... 12 N/A N/A
All other river and canal, inland, nearshore, and 12 N/A N/A
offshore areas...................................
------------------------------------------------------------------------
(e) A response plan for a facility that handles, stores, or
transports other non-petroleum oils must identify response resources
with firefighting capability. The owner or operator of a facility that
does not have adequate firefighting resources located at the facility or
that cannot rely on sufficient local firefighting resources must
identify and ensure, by contract or other approved means as described in
Sec. 154.1028(a), the availability of adequate firefighting resources.
The response plan must also identify an individual located at the
facility to work with the fire department on other non-petroleum oil
fires. This individual shall also verify that sufficient well-
[[Page 366]]
trained firefighting resources are available within a reasonable
response time to a worst case scenario. The individual may be the
qualified individual as defined in Sec. 154.1020 and identified in the
response plan or another appropriate individual located at the facility.
(f) The response plan for a facility that is located in any
environment with year-round preapproval for use of dispersants and that
handles, stores, or transports other non-petroleum oils may request a
credit for up to 25 percent of the worst case planning volume set forth
by subpart F of this part. To receive this credit, the facility owner or
operator must identify in the plan and ensure, by contract or other
approved means as described in Sec. 154.1028(a), the availability of
specified resources to apply the dispersants and to monitor their
effectiveness. The extent of the credit will be based on the volumes of
the dispersant available to sustain operations at the manufacturers'
recommended dosage rates. Identification of these resources does not
imply that they will be authorized for use. Actual authorization for use
during a spill response will be governed by the provisions of the NCP
and the applicable ACP.
Appendix A to Part 154--Guidelines for Detonation Flame Arresters
This appendix contains the draft ASTM standard for detonation flame
arresters. Devices meeting this standard will be accepted by the
Commandant (G-MSO).
1. Scope
1.1 This standard provides the minimum requirements for design,
construction, performance and testing of detonation flame arresters.
2. Intent
2.1 This standard is intended for detonation flame arresters
protecting systems containing vapors of flammable or combustible liquids
where vapor temperatures do not exceed 60 [deg]C. For all tests, the
test media defined in 14.1.1 can be used except where detonation flame
arresters protect systems handling vapors with a maximum experimental
safe gap (MESG) below 0.9 millimeters. Detonation flame arresters
protecting such systems must be tested with appropriate media (the same
vapor or a media having a MESG no greater than the vapor). Various gases
and their respective MESG are listed in attachment 1.
2.2 The tests in this standard are intended to qualify detonation
flame arresters for all in-line applications independent of piping
configuration provided the operating pressure is equal to or less than
the maximum operating pressure limit specified in the manufacturer's
certification and the diameter of the piping system in which the
detonation arrester is to be installed is equal to or less than the
piping diameter used in the testing.
Note: Detonation flame arresters meeting this standard as Type I
devices, which are certified to be effective below 0 [deg]C and which
can sustain three stable detonations without being damaged or
permanently deformed, also comply with the minimum requirements of the
International Maritime Organization, Maritime Safety Committee Circular
No. 373 (MSC/Circ. 373/Rev.1).
3. Applicable Documents
3.1 ASTM Standards \1\
---------------------------------------------------------------------------
\1\ Footnotes appear at the end of this article.
A395 Ferritic Ductile Iron Pressure-Retaining Castings For Use At
Elevated Temperatures.
F722 Welded Joints for Shipboard Piping Systems
F1155 Standard Practice for Selection and Application of Piping System
Materials
3.2 ANSI Standards \2\
B16.5 Pipe Flanges and Flanged Fittings.
3.3 Other Documents
3.3.1 ASME Boiler and Pressure Vessel Code \2\
Section VIII, Division 1, Pressure Vessels
Section IX, Welding and Brazing Qualifications.
3.3.2 International Maritime Organization, Maritime Safety Committee
\3\
MSC/Circ. 373/Rev. 1--Revised Standards for the Design, Testing and
Locating of Devices to Prevent the Passage of Flame into Cargo Tanks in
Tankers.
3.3.3 International Electrotechnical Commission \4\
Publication 79-1--Electrical Apparatus for Explosive Gas Atmospheres.
4. Terminology
4.1 [Delta] P/Po--The dimensionless ratio, for any
deflagration and detonation test of 14.3, of the maximum pressure
increase (the maximum pressure minus the initial pressure), as measured
in the piping system on the side of the arrester where ignition begins
by the device described in paragraph 14.3.3, to the initial absolute
pressure in the piping system. The initial pressure should be greater
than or equal to the maximum operating pressure specified in paragraph
11.1.7.
4.2 Deflagration--A combustion wave that propagates subsonically (as
measured at the
[[Page 367]]
pressure and temperature of the flame front) by the transfer of heat and
active chemical species to the unburned gas ahead of the flame front.
4.3 Detonation--A reaction in a combustion wave propagating at sonic
or supersonic (as measured at the pressure and temperature of the flame
front) velocity. A detonation is stable when it has a velocity equal to
the speed of sound in the burnt gas or may be unstable (overdriven) with
a higher velocity and pressure.
4.4 Detonation flame arrester--A device which prevents the
transmission of a detonation and a deflagration.
4.5 Flame speed--The speed at which a flame propagates along a pipe
or other system.
4.6 Flame Passage--The transmission of a flame through a device.
4.7 Gasoline Vapors--A non-leaded petroleum distillate consisting
essentially of aliphatic hydrocarbon compounds with a boiling range
approximating 65 [deg]C/75 [deg]C.
5. Classification
5.1 The two types of detonation flame arresters covered in this
specification are classified as follows:
5.1.1 Type I--Detonation flame arresters acceptable for applications
where stationary flames may rest on the device.
5.1.2 Type II--Detonation flame arresters acceptable for
applications where stationary flames are unlikely to rest on the device,
and further methods are provided to prevent flame passage when a
stationary flame occurs. One example of ``further methods'' is a
temperature monitor and an automatic shutoff valve.
6. Ordering Information
6.1 Orders for detonation flame arresters under this specification
shall include the following information as applicable:
6.1.1 Type (I or II).
6.1.2 Nominal pipe size.
6 1.3 Each gas or vapor in the system and the corresponding MESG.
6.1.4 Inspection and tests other than specified by this standard.
6.1.5 Anticipated ambient air temperature range.
6.1.6 Purchaser's inspection requirements (see section 10.1).
6.1.7 Description of installation.
6.1.8 Materials of construction (see section 7).
6.1.9 Maximum flow rate and the maximum design pressure drop for
that maximum flow rate.
6.1.10 Maximum operating pressure.
7. Materials
7.1 The detonation flame arrester housing, and other parts or
bolting used for pressure retention, shall be constructed of materials
listed in ASTM F 1155 (incorporated by reference, see Sec. 154.106), or
section VIII, Division 1 of the ASME Boiler and Pressure Vessel Code.
Cast and malleable iron shall not be used; however, ductile cast iron in
accordance with ASTM A395 may be used.
7.1.1 Arresters, elements, gaskets, and seals must be made of
materials resistant to attack by seawater and the liquids and vapors
contained in the system being protected (see section 6.1.3).
7.2 Nonmetallic materials, other than gaskets and seals, shall not
be used in the construction of pressure retaining components of the
detonation flame arrester.
7.2.1 Nonmetallic gaskets and seals shall be non-combustible and
suitable for the service intended.
7.3 Bolting materials, other than that of section 7.1, shall be at
least equal to those listed in Table 1 of ANSI B16.5.
7.4 The possibility of galvanic corrosion shall be considered in the
selection of materials.
7.5 All other parts shall be constructed of materials suitable for
the service intended.
8. Other Requirements
8.1 Detonation flame arrester housings shall be gas tight to prevent
the escape of vapors.
8.2 Detonation flame arrester elements shall fit in the housing in a
manner that will insure tightness of metal-to-metal contacts in such a
way that flame cannot pass between the element and the housing.
8.2.1 The net free area through detonation flame arrester elements
shall be at least 1.5 times the cross-sectional area of the arrester
inlet.
8.3 Housings, elements, and seal gasket materials shall be capable
of withstanding the maximum and minimum pressures and temperatures to
which the device may be exposed under both normal and the specified fire
test conditions in section 14, and shall be capable of withstanding the
hydrostatic pressure test of section 9.2.3.
8.4 Threaded or flanged pipe connections shall comply with the
applicable B16 standards in ASTM F 1155 (incorporated by reference, see
Sec. 154.106). Welded joints shall comply with ASTM F 722 (incorporated
by reference, see Sec. 154.106).
8.5 All flat joints of the housing shall be machined true and shall
provide for a joint having adequate metal-to-metal contact.
8.6 Where welded construction is used for pressure retaining
components, welded joint design details, welding and non-destructive
testing shall be in accordance with Section VIII, Division 1, of the
ASME Code and ASTM F 722 (incorporated by reference, see Sec. 154.106).
Welders and weld procedures shall be qualified in accordance with
section IX of the ASME Code.
8.7 The design of detonation flame arresters shall allow for ease of
inspection and removal of internal elements for replacement, cleaning or
repair without removal of the entire device from the system.
[[Page 368]]
8.8 Detonation flame arresters shall allow for efficient drainage of
condensate without impairing their efficiency to prevent the passage of
flame. The housing may be fitted with one or more drain plugs for this
purpose. The design of a drain plug should be such so that by cursory
visual inspection it is obvious whether the drain has been left open.
8.9 All fastenings shall be protected against loosening.
8.10 Detonation flame arresters shall be designed and constructed to
minimize the effect of fouling under normal operating conditions.
8.11 Detonation flame arresters shall be capable of operating over
the full range of ambient air temperatures anticipated.
8.12 Detonation flame arresters shall be of first class workmanship
and free from imperfections which may affect their intended purpose.
8.13 Detonation flame arresters shall be tested in accordance with
section 9.
9. Tests
9.1 Tests shall be conducted by an independent laboratory capable of
performing the tests. The manufacturer, in choosing a laboratory,
accepts that it is a qualified independent laboratory by determining
that it has (or has access to) the apparatus, facilities, personnel, and
calibrated instruments that are necessary to test detonation flame
arresters in accordance with this standard.
9.1.1 A test report shall be prepared by the laboratory which shall
include:
9.1.1.1 Detailed drawings of the detonation flame arrester and its
components (including a parts list identifying the materials of
construction).
9.1.1.2 Types of tests conducted and results obtained. This shall
include the maximum temperature reached and the length of testing time
in section 14.2 in the case of Type II detonation flame arresters.
9.1.1.3 Description of approved attachments (reference 9.2.6).
9.1.1.4 Types of gases or vapors for which the detonation flame
arrester is approved.
9.1.1.5 Drawings of the test rig.
9.1.1.6 Record of all markings found on the tested detonation flame
arrester.
9.1.1.7 A report number.
9.2 One of each model Type I and Type II detonation flame arrester
shall be tested. Where approval of more than one size of a detonation
flame arrester model is desired, only the largest and smallest sizes
need be tested provided it is demonstrated by calculation and/or other
testing that intermediate size devices have equal or greater strength to
withstand the force of a detonation and have equivalent detonation
arresting characteristics. A change of design, material, or construction
which may affect the corrosion resistance, or ability to resist
endurance burning, deflagrations or detonations shall be considered a
change of model for the purpose of this paragraph.
9.2.1 The detonation flame arrester shall have the same dimensions,
configuration, and most unfavorable clearances expected in production
units.
9.2.2 A corrosion test shall be conducted. In this test, a complete
detonation flame arrester, including a section of pipe similar to that
to which it will be fitted, shall be exposed to a 20% sodium chloride
solution spray at a temperature of 25 [deg]C for a period of 240 hours,
and allowed to dry for 48 hours. Following this exposure, all movable
parts shall operate properly and there shall be no corrosion deposits
which cannot be washed off.
9.2.3 The detonation flame arrester shall be subjected to a
hydrostatic pressure test of at least 350 psig for ten minutes without
rupturing, leaking, or showing permanent distortion.
9.2.4 Flow characteristics as declared by the manufacturer, shall be
demonstrated by appropriate tests.
9.2.5 Detonation flame arresters shall be tested for endurance burn
and deflagration/detonation in accordance with the test procedures in
section 14. Type I detonation flame arresters shall show no flame
passage when subjected to both tests. Type II detonation flame arresters
shall show no evidence of flame passage during the detonation/
deflagration tests in section 14.3. Type II detonation flame arresters
shall be tested for endurance burn in accordance with section 14.2. From
the endurance burn test of a Type II detonation flame arresters, the
maximum temperature reached and the test duration shall be recorded and
provided as part of the laboratory test report.
9.2.6 Where a detonation flame arrester is provided with cowls,
weather hoods and deflectors, etc., it shall be tested in each
configuration in which it is provided.
9.2.7 Detonation flame arresters which are provided with a heating
arrangement designed to maintain the surface temperature of the device
above 85 [deg]C shall pass the required tests at the maximum heated
operating temperature.
9.2.8 Each finished detonation arrester shall be pneumatically
tested at 10 psig to ensure there are no defects or leakage.
10. Inspection
10.1 The manufacturer shall afford the purchaser's inspector all
reasonable access necessary to assure that the device is being furnished
in accordance with this standard. All examinations and inspections shall
be made at the place of manufacture, unless otherwise agreed upon.
10.2 Each finished detonation arrester shall be visually and
dimensionally checked to ensure that the device corresponds to this
[[Page 369]]
standard, is certified in accordance with section 11 and is marked in
accordance with section 12. Special attention shall be given to the
checking of welds and the proper fit-ups of joints (see sections 8.5 and
8.6).
11. Certification
11.1 Manufacturer's certification that a detonation flame arrester
meets this standard shall be provided in an instruction manual. The
manual shall include as applicable:
11.1.1 Installation instructions and a description of all
configurations tested (reference paragraph 9.2.6). Installation
instructions to include the device's limitations.
11.1.2 Operating instructions.
11.1.3 Maintenance requirements.
11.1.3.1 Instructions on how to determine when arrester cleaning is
required and the method of cleaning.
11.1.4 Copy of test report (see section 9.1.1).
11.1.5 Flow test data, maximum temperature and time tested (Type
II).
11.1.6 The ambient air temperature range over which the device will
effectively prevent the passage of flame.
Note: Other factors such as condensation and freezing of vapors
should be evaluated at the time of equipment specification.
11.1.7 The maximum operating pressure for which the device is
suitable.
12. Marking
12.1 Each detonation flame arrester shall be permanently marked
indicating:
12.1.1 Manufacturer's name or trademark.
12.1.2 Style, type, model or other manufacturer's designation for
the detonation flame arrester.
12.1.3 Size of the inlet and outlet.
12.1.4 Type of device (Type I or II).
12.1.5 Direction of flow through the detonation flame arrester.
12.1.6 Test laboratory and report number.
12.1.7 Lowest MESG of gases that the detonation flame arrester is
suitable for.
12.1.8 ASTM designation of this standard.
12.1.9 Ambient air operating temperature range.
12.1.10 Maximum operating pressure.
13. Quality Assurance
13.1 Detonation flame arresters shall be designed, manufactured and
tested in a manner that ensures they meet the characteristics of the
unit tested in accordance with this standard.
13.2 The detonation flame arrester manufacturer shall maintain the
quality of the arresters that are designed, tested and marked in
accordance with this standard. At no time shall a detonation flame
arrester be sold with this standard designation that does not meet the
requirements herein.
14. Test Procedures for Detonation Arresters
14.1 Media/Air Mixtures
14.1.1 For vapors from flammable or combustible liquids with a MESG
greater than or equal to 0.9 mm, technical grade hexane or gasoline
vapors shall be used for all tests in this section except technical
grade propane may be used for the deflagration/detonation tests in
section 14.3. For vapors with a MESG less than 0.9 mm, the specific
vapor (or alternatively, a media with a MESG less than or equal to the
MESG of the vapor) must be used as the test medium in all Section 14
tests.
14.1.2 Hexane, propane, gasoline and other test vapors shall be
mixed with air to form the most easily ignitable mixture. \5\
14.2 Endurance Burn Test Procedure
14.2.1 An endurance burning test shall be carried out as follows:
14.2.1.1 The test rig shall consist of an apparatus producing an
explosive mixture, a small tank with a diaphragm, a prototype of the
detonation flame arrester and a firing source in close proximity to the
test device (see Figure 1). The detonation flame arrester shall be
installed so that the mixture emission is vertically upwards, or
installed in the position for which it is designed and which will cause
the most severe heating of the device under the prescribed endurance
burn conditions. In this position the mixture shall be ignited.
14.2.1.2 Endurance burn test shall start by using the most easily
ignitable test vapor/air mixture with the aid of a pilot flame or a
spark igniter at the outlet. The flammable mixture may be reignited as
necessary in the course of the endurance burn.
14.2.1.3 Temperature measurement will be performed on the surface of
the arrester element half way between the center and its edge.
14.2.1.4 By varying the proportions of the flammable mixture and the
flow rate, the detonation flame arrester shall be heated by a stable
flame on the surface of the arrester until the highest obtainable
temperature is reached on the ignited side or until the temperature on
the side which was not ignited (protected side) rises 100 [deg]C.
14.2.1.5 The flammable mixture proportions will then be varied again
until the conditions which result in the highest temperature on the
protected side are achieved. This temperature shall be maintained for a
period of ten minutes, after which the flow shall be stopped and the
conditions observed. The highest attainable temperature is considered to
have been reached when any subsequent rise of temperature does not
exceed 0.5 [deg]C per minute over a ten minute period.
14.2.1.6 If difficulty arises in establishing the highest attainable
temperature on the protected side, the following criteria shall apply.
When the increase in temperature on the protected side occurs so slowly
that its temperature does not rise 100 [deg]C, the conditions which
produced the highest temperature on the ignited side of the arrester
will
[[Page 370]]
be maintained for two hours. For the condition in which the temperature
on the protected side continues to rise at a rate in excess of 0.5
[deg]C per minute for a 10 minute period, endurance burning shall be
continued, using the most severe conditions of flammable mixtures and
flow rate, for a period of two hours. In either of these cases, at the
end of the two hour period, the flow shall be stopped and the conditions
observed. The two hour interval shall be measured commencing with the
setting of the conditions which produced the most severe conditions of
mixture and flow rate. For Type I detonation flame arresters, flame
passage shall not occur during this test. For Type II detonation flame
arresters, the maximum temperature obtained, and the time elapsed from
the time when the most severe conditions are set to when flame passage
occurs, shall be recorded. However, for Type II detonation flame
arresters the test may be terminated 15 minutes after setting the most
severe conditions on the protected side.
14.3 Deflagration/Detonation Test Procedure
14.3.1 A detonation flame arrester shall be installed at one end of
a pipe of the same diameter as the inlet of the detonation flame
arrester (see Figure 2). The length and configuration of the test pipe
shall develop a stable detonation \6\ at the device and shall be
capable, by change in its length or configuration, of developing
deflagrations and unstable (overdriven) detonations as measured on the
side of the pipe where ignition occurs (run-up side). For deflagration
testing, two test piping arrangements shall be used on the outlet side
of the detonation flame arrester (the side which is not ignited). In
both of the following end arrangements, the outlet side pipe diameter
shall be equal to that on the run-up side. In one arrangement, the
outlet side pipe shall be at least 10 pipe diameters long with a plastic
bag over the free end. (Alternate end of pipe closures are also
acceptable provided they easily give way during the course of the test,
and the closure allows the required gas concentration to be maintained
throughout the test piping arrangement.) In the other arrangement the
outlet side pipe shall be fitted with a restriction located 0.6 meters
from the outlet side arrester flange. The size of the restriction for
each nominal size detonation flame arrester shall be as follows:
------------------------------------------------------------------------
Nominal pipe diameter (inches) Restriction diameter (inches)
------------------------------------------------------------------------
3 \1/2\
4 \1/2\
6 1
8 1\1/2\
10 1\1/2\
12 2
18 2
24 2
------------------------------------------------------------------------
The entire pipe shall be filled with the most easily ignitable vapor/air
mixture to a test pressure corresponding to or greater than the upper
limit of the device's maximum operating pressure (see 11.1.7). In order
to obtain this test pressure, a device such as a bursting disc may be
fitted on the open end of the device in place of the plastic bag. The
concentration of the mixture should be verified by appropriate testing
of the gas composition. The vapor/air mixture shall then be ignited.
14.3.2 Flame speeds shall be measured by optical devices capable of
providing accuracy of 5%. These devices shall be
situated no more than a distance equal to 3% of the length of the run-up
pipe apart with one device no more than 8 inches from the end of the
test pipe to which the detonation flame arrester is attached. In
addition, each outlet arrangement described in paragraph 14.3.1 shall be
fitted with an optical device located no more than 8 inches from the
detonation flame arrester outlet. \7\
14.3.3 Explosion pressures within the pipe shall be measured by a
high frequency transducer situated in the test pipe no more than 8
inches from the run-up side of the housing of the detonation flame
arrester.
14.3.4 Using the first end arrangement (10 pipe diameter outlet)
described in paragraph 14.3.1, a series of tests shall be conducted to
determine the test pipe length and configuration that results in the
maximum unstable (overdriven) detonation having the maximum measured
flame speed at the detonation flame arrester. (These tests may also be
carried out using a single length of pipe with igniters spaced at
varying distances from the arrester.) The flame speeds, explosion
pressures and test pipe configurations shall be recorded for each of
these tests. The piping configuration that resulted in the highest
recorded unstable (overdriven) detonation flame speed shall be used, and
the device shall be subjected to at least four additional unstable
(overdriven) detonations. In the course of testing, the device shall
also demonstrate its ability to withstand five stable detonations, five
deflagrations (as determined by flame speed) where [Delta] P/
Po was less than 1 and five deflagrations (as determined by
flame speed) where [Delta] P/Po was greater than 1 but less
than 10. Initiation of deflagrations shall be at several locations to
generate a range for [Delta] P/Po. Deflagration tests using
the restricted outlet arrangement described in paragraph 14.3.1 shall
then be conducted. In these tests the device shall demonstrate its
ability to stop five deflagrations (as determined by flame speed)
generated by the same configurations which resulted in [Delta] P/
Po being less than 1 during the deflagration tests which were
conducted without the restricted end arrangements, and five
deflagrations (as determined by
[[Page 371]]
flame speed) generated by the same configurations which resulted in
[Delta] P/Po being greater than 1 but less than 10 during the
deflagration tests which were conducted without the restricted end
arrangements. No evidence of flame passage shall occur during these
tests. The flame speeds and explosion pressures for each of these tests
shall be recorded.
14.3.5 A device that successfully passes the tests of 14.3.4 shall
be considered to be directional (suitable for arresting a detonation
advancing only from the direction as tested) except;
14.3.5.1 A device may be tested according to 14.3.4 for detonations
approaching from either direction, or
14.3.5.2 The design of the device is symmetrical where each end may
be considered to be identical when approached by a detonation from
either direction.
\1\ Available from the American Society for Testing and Materials
(ASTM), 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959.
\2\ Available from the American Society of Mechanical Engineers
International, Three Park Avenue, New York, NY 10016-5990.
\3\ Available from the International Maritime Organization, 4 Albert
Embankment, London SE1 7SR, England.
\4\ Available from the International Electrotechnical Commission, 1
rue de Varembe, Geneva, Switzerland.
\5\ See IEC Publication 79-1.
\6\ Some data are available for the estimation of flame speeds in
horizontal pipes without detonation flame arresters. Some data indicate
that the presence of small obstacles, fittings or bends in the test pipe
can accelerate the flame speeds appreciably.
\7\ Other pressure and/or flame speed measuring techniques may be
used if effective.
[[Page 372]]
[GRAPHIC] [TIFF OMITTED] TC18OC91.012
[[Page 373]]
[GRAPHIC] [TIFF OMITTED] TC18OC91.013
[[Page 374]]
Attachment 1
------------------------------------------------------------------------
Experimental maximum
safe gap
Inflammable gas or vapour ----------------------
mm in.
------------------------------------------------------------------------
Methane.......................................... 1.170 0.046
Blast furnace gas................................ 1.193 0.047
Propane.......................................... 0.965 0.038
Butane........................................... 1.066 0.042
Pentane.......................................... 1.016 0.040
Hexane........................................... 0.965 0.038
Heptane.......................................... 0.965 0.038
Iso-octane....................................... 1.040 0.041
Decane........................................... 1.016 0.040
Benzene.......................................... 0.99 0.039
Xylene........................................... 1.066 0.042
Cyclohexane...................................... 0.94 0.037
Acetone.......................................... 1.016 0.040
Ethylene......................................... 0.71 0.028
Methyl-ethyl-ketone.............................. 1.016 0.040
Carbon monoxide.................................. 0.915 0.036
Methyl-acetate................................... 0.990 0.039
Ethyl-acetate.................................... 1.04 0.041
Propyl-acetate................................... 1.04 0.041
Butyl-acetate.................................... 1.016 0.040
Amyl-acetate..................................... 0.99 0.039
Methyl alcohol................................... 0.915 0.036
Ethyl alcohol.................................... 1.016 0.040
Iso-butyl-alcohol................................ 0.965 0.038
Butyl-alcohol (Normal)........................... 0.94 0.037
Amyl-alcohol..................................... 0.99 0.039
Ethyl-ether...................................... 0.864 0.034
Coal gas (H2 57%)................................ 0.482 0.019
Acetylene........................................ <=0.025 <=0.001
Carbon disulphide................................ 0.203 0.008
Hydrogen......................................... 0.102 0.004
Blue water gas (H2 53% CO 47%)................... 0.203 0.008
Ethyl nitrate.................................... <=0.025 <=0.001
Ammonia.......................................... \1\ 3.33 \1\ 0.133
Ethylene oxide................................... 0.65 0.026
Ethyl nitrite.................................... 0.922 0.038
------------------------------------------------------------------------
\1\ Approximately.
[CGD 88-102, 55 FR 25435, June 21, 1990; 55 FR 39270, Sept. 26, 1990, as
amended by CGD 96-026, 61 FR 33666, June 28, 1996; USCG-1999-5832, 64 FR
34715, June 29, 1999; USCG-2000-7223, 65 FR 40058, June 29, 2000]
Appendix B to Part 154--Standard Specification for Tank Vent Flame
Arresters
1. Scope
1.1 This standard provides the minimum requirements for design,
construction, performance and testing of tank vent flame arresters.
2. Intent
2.1 This standard is intended for flame arresters protecting systems
containing vapors of flammable or combustible liquids with a flashpoint
that does not exceed 60 [deg]C. The test media defined in 14.1.1 can be
used except where arresters protect systems handling vapors with a
maximum experimental safe gap (MESG) below 0.9 millimeters. Flame
arresters protecting such systems must be tested with appropriate media
(the same vapor or a media having a MESG no greater than the vapor).
Various gases and their respective MESG are listed in Attachment 1.
Note: Flame arresters meeting this standard also comply with the
minimum requirements of the International Maritime Organization,
Maritime Safety Committee Circular No. 373 (MSC/Circ. 373/Rev. 1).
3. Applicable Documents
3.1 ASTM Standards \1\ F722 Welded Joints for Shipboard Piping
Systems; F1155 Standard Practice for Selection and Application of Piping
System Materials
---------------------------------------------------------------------------
\1\ Footnotes appear at the end of this article.
---------------------------------------------------------------------------
3.2 ANSI Standards \2\ B16.5 Pipe Flanges and Flanged Fittings.
3.3 Other Documents
3.3.1 ASME Boiler and Pressure Vessel Code \2\ section VIII,
Division 1, Pressure Vessels; section IX, Welding and Brazing
Qualifications.
3.3.2 International Maritime Organization, Maritime Safety Committee
\3\ MSC/Circ. 373/Rev. 1--Revised Standards for the Design, Testing and
Locating of Devices to Prevent the Passage of Flame into Cargo Tanks in
Tankers.
3.3.3 International Electrotechnical Commission \4\ Publication
79.1--Electrical Apparatus for Explosive Gas Atmospheres.
4. Terminology
4.1 Flame arrester--A device to prevent the passage of flame in
accordance with a specified performance standard. Its flame arresting
element is based on the principle of quenching.
4.2 Flame speed--The speed at which a flame propagates along a pipe
or other system.
4.3 Flame Passage--The transmission of a flame through a flame
arrester.
4.4 Gasoline Vapors--A non-leaded petroleum distillate consisting
essentially of aliphatic hydrocarbon compounds with a boiling range
approximating 65 [deg]C/75 [deg]C.
5. Classification
5.1 The two types of flame arresters covered in this specification
are classified as follows:
5.1.1 Type I--Flame arresters acceptable for end-of-line
applications.
5.1.2 Type II--Flame arresters acceptable for in-line applications.
6. Ordering Information
6.1 Orders for flame arresters under this specification shall
include the following information as applicable:
6.1.1 Type (I or II).
6.1.2 Nominal pipe size.
6.1.3 Each gas or vapor in the tank being protected by the flame
arrester, and the corresponding MESG.
6.1.4 Inspection and tests other than specified by this standard.
[[Page 375]]
6.1.5 Anticipated ambient air temperature range.
6.1.6 Purchaser's inspection requirements (see section 10.1).
6.1.7 Description of installation (distance and configuration of
pipe between the arrester, and the atmosphere or potential ignition
source) (see section 9.2.4.2).
6.1.8 Materials of construction (see section 7).
6.1.9 Maximum flow rate and the design pressure drop for that
maximum flow rate.
7. Materials
7.1 The flame arrester housing, and other parts or bolting used for
pressure retention, shall be constructed of materials listed in ASTM F
1155 (incorporated by reference, see Sec. 154.106), or section VIII,
Division 1 of the ASME Boiler and Pressure Vessel Code.
7.1.1 Arresters, elements, gaskets, and seals must be of materials
resistant to attack by seawater and the liquids and vapors contained in
the tank being protected (see section 6.1.3).
7.2 Nonmetallic materials, other than gaskets and seals, shall not
be used in the construction of pressure retaining components of the
flame arrester.
7.2.1 Nonmetallic gaskets and seals shall be non-combustible and
suitable for the service intended.
7.3 Bolting materials, other than that of Section 7.1, shall be at
least equal to those listed in Table 1 of ANSI B16.5.
7.4 The possibility of galvanic corrosion shall be considered in the
selection of materials.
7.5 All other parts shall be constructed of materials suitable for
the service intended.
8. Other Requirements
8.1 Flame arrester housings shall be gas tight to prevent the escape
of vapors.
8.2 Flame arrester elements shall fit in the housing in a manner
that will insure tightness of metal-to-metal contacts in such a way that
flame cannot pass between the element and the housing.
8.2.1 The net free area through flame arrester elements shall be at
least 1.5 times the cross-sectional area of the arrester inlet.
8.3 Housings and elements shall be of substantial construction and
designed for the mechanical and other loads intended during service. In
addition, they shall be capable of withstanding the maximum and minimum
pressures and temperatures to which the device may be exposed under both
normal and the specified fire test conditions in section 14.
8.4 Threaded or flanged pipe connections shall comply with the
applicable B16 standards in ASTM F 1155 (incorporated by reference, see
Sec. 154.106). Welded joints shall comply with ASTM F 722 (incorporated
by reference, see Sec. 154.106).
8.5 All flat joints of the housing shall be machined true and shall
provide for a joint having adequate metal-to-metal contact.
8.6 Where welded construction is used for pressure retaining
components, welded joint design details, welding and non-destructive
testing shall be in accordance with section VIII, Division 1, of the
ASME Code and ASTM F 722 (incorporated by reference, see Sec. 154.106).
Welders and weld procedures shall be qualified in accordance with
section IX of the ASME Code.
8.7 The design of flame arresters shall allow for ease of inspection
and removal of internal elements for replacement, cleaning or repair
without removal of the entire device from the system.
8.8 Flame arresters shall allow for efficient drainage of condensate
without impairing their efficiency to prevent the passage of flame.
8.9 All fastenings shall be protected against loosening.
8.10 Flame arresters shall be designed and constructed to minimize
the effect of fouling under normal operating conditions.
8.11 Flame arresters shall be capable of operating over the full
range of ambient air temperatures anticipated.
8.12 End-of-line flame arresters shall be so constructed as to
direct the efflux vertically upward.
8.13 Flame arresters shall be of first class workmanship and free
from imperfections which may affect their intended purpose.
8.14 Tank vent flame arresters shall show no flame passage when
subjected to the tests in 9.2.4.
9. Prototype Tests
9.1 Tests shall be conducted by an independent laboratory capable of
performing the tests. The manufacturer, in choosing a laboratory,
accepts that it is a qualified independent laboratory by determining
that it has (or has access to) the apparatus, facilities, personnel, and
calibrated instruments that are necessary to test flame arresters in
accordance with this standard.
9.1.1 A test report shall be prepared by the laboratory which shall
include:
9.1.1.1 Detailed drawings of the flame arrester and its components
(including a parts list identifying the materials of construction).
9.1.1.2 Types of tests conducted and results obtained.
9.1.1.3 Specific advice on approved attachments (see section
9.2.4.1).
9.1.1.4 Types of gases or vapors for which the flame arrester is
approved (see section 6.1.3).
9.1.1.5 Drawings of the test rig.
9.1.1.6 Record of all markings found on the tested flame arrester.
9.1.1.7 A report number.
[[Page 376]]
9.2 One of each model Type I and Type II flame arrester shall be
tested. Where approval of more than one size of a flame arrester model
is desired, the largest and smallest sizes shall be tested. A change of
design, material, or construction which may affect the corrosion
resistance, endurance burn, or flashback capabilities of the flame
arrester shall be considered a change of model for the purpose of this
paragraph.
9.2.1 The flame arrester shall have the same dimensions,
configuration, and the most unfavorable clearances expected in
production units.
9.2.2 A corrosion test shall be conducted. In this test, a complete
arrester, including a section of pipe similar to that to which it will
be fitted, shall be exposed to a 20% sodium chloride solution spray at a
temperature of 25 degrees C for a period of 240 hours, and allowed to
dry for 48 hours. Following this exposure, all movable parts shall
operate properly and there shall be no corrosion deposits which cannot
be washed off.
9.2.3 Performance characteristics as declared by the manufacturer,
such as flow rates under both positive and negative pressure, operating
sensitivity, flow resistance, and velocity, shall be demonstrated by
appropriate tests.
9.2.4 Tank vent flame arresters shall be tested for endurance burn
and flashback in accordance with the test procedures in section 14. The
following constraints apply:
9.2.4.1 Where a Type I flame arrester is provided with cowls,
weather hoods and deflectors, etc., it shall be tested in each
configuration in which it is provided.
9.2.4.2 Type II arresters shall be specifically tested with the
inclusion of all pipes, tees, bends, cowls, weather hoods, etc., which
may be fitted between the arrester and the atmosphere.
9.2.5 Devices which are provided with a heating arrangement shall
pass the required tests at the heated temperature.
9.2.6 After all tests are completed, the device shall be
disassembled and examined, and no part of the device shall be damaged or
show permanent deformation.
10. Inspection
10.1 The manufacturer shall afford the purchaser's inspector all
reasonable facilities necessary to assure that the material is being
furnished in accordance with this standard. All examinations and
inspections shall be made at the place of manufacture, unless otherwise
agreed upon.
10.2 Each finished flame arrester shall be visually and
dimensionally checked to ensure that the device corresponds to this
standard, is certified in accordance with section 11 and is marked in
accordance with section 12. Special attention shall be given to checking
the proper fit-up of joints (see sections 8.5 and 8.6)
11. Certification
11.1 Manufacturer's certification that a flame arrester has been
constructed in accordance with this standard shall be provided in an
instruction manual. The manual shall include as applicable:
11.1.1 Installation instructions and a description of all
configurations tested (reference paragraph 9.2.4.1 and 9.2.4.2).
Installation instructions to include manufacturer's recommended
limitations based on all configurations tested.
11.1.2 Operating instructions.
11.1.3 Maintenance requirements.
11.1.3.1 Instructions on how to determine when flame arrester
cleaning is required and the method of cleaning.
11.1.4 Copy of test report (see section 9.1.1).
11.1.5 Flow test data, including flow rates under both positive and
negative pressures, operating sensitivity, flow resistance, and
velocity.
11.1.6 The ambient air temperature range over which the device will
effectively prevent the passage of flame. (Note: Other factors such as
condensation and freezing of vapors should be evaluated at the time of
equipment specification.)
12. Marking
12.1 Each flame arrester shall be permanently marked indicating:
12.1.1 Manufacturer's name or trademark.
12.1.2 Style, type, model or other manufacturer's designation for
the flame arrester.
12.1.3 Size of the inlet and outlet.
12.1.4 Type of device (Type I or II).
12.1.5 Direction of flow through the flame arrester.
12.1.6 Test laboratory and report number.
12.1.7 Lowest MESG of gases for which the flame arrester is suitable
for.
12.1.8 Ambient air operating temperature range.
12.1.9 ASTM designation of this standard.
13. Quality Assurance
13.1 Flame arresters shall be designed, manufactured and tested in a
manner that ensures they meet the characteristics of the unit tested in
accordance with this standard.
13.2 The flame arrester manufacturer shall maintain the quality of
the flame arresters that are designed, tested and marked in accordance
with this standard. At no time shall a flame arrester be sold with this
standard designation that does not meet the requirements herein.
14. Test Procedures for Flame Arresters
14.1 Media/Air Mixtures
14.1.1 For vapors from flammable or combustible liquids with a MESG
greater than or equal to 0.9 mm, technical grade hexane or gasoline
vapors shall be used for all tests in this section except technical
grade propane may be used for the flashback test in Section 14.2. For
vapors with a MESG less than 0.9 mm, the specific vapor (or
alternatively, a media with a MESG less than or equal to the
[[Page 377]]
MESG of the vapor) must be used as the test medium in all section 14
tests.
14.1.2 Hexane, propane, gasoline and chemical vapors shall be mixed
with air to form the most easily ignitable mixture. \5\
14.2 Flashback Test
14.2.1 A flashback test shall be carried out as follows:
14.2.1.1 The test rig shall consist of an apparatus producing an
explosive mixture, a small tank with a diaphragm, a prototype of the
flame arrester, a plastic bag \6\ and a firing source in three positions
(see Figure 1). \7\
14.2.1.2 The tank, flame arrester assembly and the plastic bag
enveloping the prototype flame arrester shall be filled so that this
volume contains the most easily ignitable vapor/air mixture. \8\ The
concentration of the mixture should be verified by appropriate testing
of the gas composition in the plastic bag. Three ignition sources shall
be installed along the axis of the bag, one close to the flame arrester,
another as far away as possible therefrom, and the third at the midpoint
between these two. These three sources shall be fired in succession, one
during each of the three tests. Flame passage shall not occur during
this test.
14.2.1.3 If flame passage occurs, the tank diaphragm will burst and
this will be audible and visible to the operator by the emission of a
flame. Flame, heat and pressure sensors may be used as an alternative to
a bursting diaphragm.
14.3 Endurance Burn Test
14.3.1 An endurance burning test shall be carried out as follows:
14.3.1.1 The test rig as referred to in 14.2 may be used, without
the plastic bag. The flame arrester shall be so installed that the
mixture emission is vertical. In this position the mixture shall be
ignited.
14.3.1.2 Endurance burning shall be achieved by using the most
easily ignitable test vapor/air mixture with the aid of a pilot flame or
a spark igniter at the outlet. By varying the proportions of the
flammable mixture and the flow rate, the arrester shall be heated until
the highest obtainable temperature on the cargo tank side of the
arrester is reached. The highest attainable temperature may be
considered to have been reached when the rate of rise of temperature
does not exceed 0.5 [deg]C per minute over a ten minute period. This
temperature shall be maintained for a period of ten minutes, after which
the flow shall be stopped and the conditions observed. If difficulty
arises in establishing the highest attainable temperature, the following
criteria shall apply. When the temperature appears to be approaching the
maximum temperature, using the most severe conditions of flammable
mixtures and flow rate, but increases at a rate in excess of 0.5 [deg]C
per minute over a ten minute period, endurance burning shall be
continued for a period of two hours after which the flow shall be
stopped and the conditions observed. Flame passage shall not occur
during this test.
\1\ American Society for Testing and Materials (ASTM), 100 Barr
Harbor Dr., West Conshohocken, PA 19428-2959.
\2\ Available from the American Society of Mechanical Engineers
International, Three Park Avenue, New York, NY 10016-5990.
\3\ Available from the International Maritime Organization, 4 Albert
Embankment, London SEl 7SR, England.
\4\ Available from the International Electrotechnical Commission, 1
rue de Varembe, Geneva, Switzerland
\5\ See IEC Publication 79-1.
\6\ The dimensions of the plastic bag are dependent on those of the
flame arrester. The plastic bag may have a circumference of 2 m, a
length of 2.5 m and a wall thickness of .05 m.
\7\ In order to avoid remnants of the plastic bag from falling back
on to the flame arrester being tested after ignition of the fuel/air
mixture, it may be useful to mount a coarse wire frame across the flame
arrester within the plastic bag. The frame should be constructed so as
not to interfere with the test result.
\8\ See IEC Publication 79-1.
[[Page 378]]
[GRAPHIC] [TIFF OMITTED] TC18OC91.014
[[Page 379]]
Attachment 1
------------------------------------------------------------------------
Experimental maximum
safe gap
Inflammable gas or vapor ----------------------
mm in.
------------------------------------------------------------------------
Methane.......................................... 1.170 0.046
Blast furnace gas................................ 1.193 0.047
Propane.......................................... 0.965 0.038
Butane........................................... 1.066 0.042
Pentane.......................................... 1.016 0.040
Hexane........................................... 0.965 0.038
Heptane.......................................... 0.965 0.038
Iso-octane....................................... 1.040 0.041
Decane........................................... 1.016 0.040
Benzene.......................................... 0.99 0.039
Xylene........................................... 1.066 0.042
Cyclohexane...................................... 0.94 0.037
Acetone.......................................... 1.016 0.040
Ethylene......................................... 0.71 0.028
Methyl-ethyl-ketone.............................. 1.016 0.040
Carbon monoxide.................................. 0.915 0.036
Methyl-acetate................................... 0.990 0.039
Ethyl-acetate.................................... 1.04 0.041
Propyl-acetate................................... 1.04 0.041
Butyl-acetate.................................... 1.016 0.040
Amyl-acetate..................................... 0.99 0.039
Methyl alcohol................................... 0.915 0.036
Ethyl alcohol.................................... 1.016 0.040
Iso-butyl-alcohol................................ 0.965 0.038
Butyl-alcohol (Normal)........................... 0.94 0.037
Amyl-alcohol..................................... 0.99 0.039
Ethyl-ether...................................... 0.864 0.034
Coal gas (H2 57%)................................ 0.482 0.019
Acetylene........................................ <0.025 <0.001
Carbon disulphide................................ 0.203 0.008
Hydrogen......................................... 0.102 0.004
Blue water gas (H2 53% CO 47%)................... 0.203 0.008
Ethyl nitrate.................................... <0.025 <0.001
Ammonia.......................................... \1\3.33 \1\0.133
Ethylene oxide................................... 0.65 0.026
Ethyl nitrite.................................... 0.922 0.038
------------------------------------------------------------------------
\1\Approximately.
[CGD 88-102, 55 FR 25441, June 21, 1990, as amended by USCG-1999-5832,
64 FR 34715, June 29, 1999; USCG-2000-7223, 65 FR 40058, June 29, 2000]
Appendix C to Part 154--Guidelines for Determining and Evaluating
Required Response Resources for Facility Response Plans
1. Purpose
1.1 The purpose of this appendix is to describe the procedures for
identifying response resources to meet the requirements of subpart F of
this part. These guidelines will be used by the facility owner or
operator in preparing the response plan and by the Captain of the Port
(COTP) when reviewing them. Response resources identified in subparts H
and I of this part should be selected using the guidelines in section 2
and Table 1 of this appendix.
2. Equipment Operability and Readiness
2.1 All equipment identified in a response plan must be designed to
operate in the conditions expected in the facility's geographic area.
These conditions vary widely based on location and season. Therefore, it
is difficult to identify a single stockpile of response equipment that
will function effectively in each geographic location.
2.2 Facilities handling, storing, or transporting oil in more than
one operating environment as indicated in Table 1 of this appendix must
identify equipment capable of successfully functioning in each operating
environment.
2.3 When identifying equipment for response plan credit, a facility
owner or operator must consider the inherent limitations in the
operability of equipment components and response systems. The criteria
in Table 1 of this appendix should be used for evaluating the
operability in a given environment. These criteria reflect the general
conditions in certain operating areas.
2.3.1 The Coast Guard may require documentation that the boom
identified in a response plan meets the criteria in Table 1. Absent
acceptable documentation, the Coast Guard may require that the boom be
tested to demonstrate that it meets the criteria in Table 1. Testing
must be in accordance with ASTM F 715 (incorporated by reference, see
Sec. 154.106), or other tests approved by the Coast Guard.
2.4 Table 1 of this appendix lists criteria for oil recovery devices
and boom. All other equipment necessary to sustain or support response
operations in the specified operating environment must be designed to
function in the same conditions. For example, boats which deploy or
support skimmers or boom must be capable of being safely operated in the
significant wave heights listed for the applicable operating
environment.
2.5 A facility owner or operator must refer to the applicable local
contingency plan or ACP, as appropriate, to determine if ice, debris,
and weather-related visibility are significant factors in evaluating the
operability of equipment. The local contingency plan or ACP will also
identify the average temperature ranges expected in the facility's
operating area. All equipment identified in a response plan must be
designed to operate within those conditions or ranges.
2.6 The requirements of subparts F, G, H and I of this part
establish response resource mobilization and response times. The
distance of the facility from the storage location of the response
resources must be used to determine whether the resources can arrive on
scene within the stated time. A facility owner or operator shall include
the time for notification, mobilization, and travel time of response
resources identified to meet the maximum most probable discharge and
Tier 1 worst case discharge response time requirements. For subparts F
and G, tier 2 and 3 response resources must be notified and
[[Page 380]]
mobilized as necessary to meet the requirements for arrival on scene in
accordance with Sec. Sec. 154.1045 or 154.1047 of subpart F, or Sec.
154.1135 of subpart G, as appropriate. An on water speed of 5 knots and
a land speed of 35 miles per hour is assumed unless the facility owner
or operator can demonstrate otherwise.
2.7 For subparts F and G, in identifying equipment, the facility
owner or operator shall list the storage location, quantity, and
manufacturer's make and model. For oil recovery devices, the effective
daily recovery capacity, as determined using section 6 of this appendix
must be included. For boom, the overall boom height (draft plus
freeboard) should be included. A facility owner or operator is
responsible for ensuring that identified boom has compatible connectors.
2.8 For subparts H and I, in identifying equipment, the facility
owner or operator shall list the storage location, quantity, and
manufacturer's make and model. For boom, the overall boom height (draft
plus freeboard) should be included. A facility owner or operator is
responsible for ensuring that identified boom has compatible connectors.
3. Determining Response Resources Required for the Average Most Probable
Discharge
3.1 A facility owner or operator shall identify sufficient response
resources available, through contract or other approved means as
described in Sec. 154.1028(a), to respond to the average most probable
discharge. The equipment must be designed to function in the operating
environment at the point of expected use.
3.2 The response resources must include:
3.2.1 1,000 feet of containment boom or two times the length of the
largest vessel that regularly conducts oil transfers to or from the
facility, whichever is greater, and a means deploying it available at
the spill site within 1 hour of the discovery of a spill.
3.2.2 Oil recovery devices with an effective daily recovery capacity
equal to the amount of oil discharged in an average most probable
discharge or greater available at the facility within 2 hours of the
detection of an oil discharge.
3.2.3 Oil storage capacity for recovered oily material indicated in
section 9.2 of this appendix.
4. Determining Response Resources Required for the Maximum Most Probable
Discharge
4.1 A facility owner or operator shall identify sufficient response
resources available, by contract or other approved means as described in
Sec. 154.1028(a), to respond to discharges up to the maximum most
probable discharge volume for that facility. This will require response
resources capable of containing and collecting up to 1,200 barrels of
oil or 10 percent of the worst case discharge, whichever is less. All
equipment identified must be designed to operate in the applicable
operating environment specified in Table 1 of this appendix.
4.2 Oil recovery devices identified to meet the applicable maximum
most probable discharge volume planning criteria must be located such
that they arrive on scene within 6 hours in higher volume port areas (as
defined in 154.1020) and the Great Lakes and within 12 hours in all
other areas.
4.3 Because rapid control, containment, and removal of oil is
critical to reduce spill impact, the effective daily recovery capacity
for oil recovery devices must equal 50 percent of the planning volume
applicable for the facility as determined in section 4.1 of this
appendix. The effective daily recovery capacity for oil recovery devices
identified in the plan must be determined using the criteria in section
6 of this appendix.
4.4 In addition to oil recovery capacity, the plan must identify
sufficient quantities of containment boom available, by contract or
other approved means as described in Sec. 154.1028(a), to arrive within
the required response times for oil collection and containment and for
protection of fish and wildlife and sensitive environments. While the
regulation does not set required quantities of boom for oil collection
and containment, the response plan must identify and ensure, by contract
or other approved means as described in Sec. 154.1028(a), the
availability of the boom identified in the plan for this purpose.
4.5 The plan must indicate the availability of temporary storage
capacity to meet the guidelines of section 9.2 of this appendix. If
available storage capacity is insufficient to meet this level, then the
effective daily recovery capacity must be derated to the limits of the
available storage capacity.
4.6 The following is an example of a maximum most probable discharge
volume planning calculation for equipment identification in a higher
volume port area: The facility's worst case discharge volume is 20,000
barrels. Ten percent of this is 2,000 barrels. Since this is greater
than 1,200 barrels, 1,200 barrels is used as the planning volume. The
effective daily recovery capacity must be 50 percent of this, or 600
barrels per day. The ability of oil recovery devices to meet this
capacity will be calculated using the procedures in section 6 of this
appendix. Temporary storage capacity available on scene must equal twice
the daily recovery rate as indicated in section 9 of this appendix, or
1,200 barrels per day. This is the information the facility owner or
operator will use to identify and ensure the availability of, through
contract or other approved means as described in Sec. 154.1028(a), the
required response resources. The facility owner will also
[[Page 381]]
need to identify how much boom is available for use.
5. Determining Response Resources Required for the Worst Case Discharge
to the Maximum Extent Practicable
5.1 A facility owner or operator shall identify and ensure
availability of, by contract or other approved means, as described in
Sec. 154.1028(a), sufficient response resources to respond to the worst
case discharge of oil to the maximum extent practicable. Section 7 of
this appendix describes the method to determine the required response
resources.
5.2 Oil spill response resources identified in the response plan and
available through contract or other approved means, as described in
Sec. 154.1028(a), to meet the applicable worst case discharge planning
volume must be located such that they can arrive at the scene of a
discharge within the times specified for the applicable response tiers
listed in Sec. 154.1045.
5.3 The effective daily recovery capacity for oil recovery devices
identified in a response plan must be determined using the criteria in
section 6 of this appendix. A facility owner or operator shall identify
the storage locations of all response resources that must be used to
fulfill the requirements for each tier. The owner or operator of a
facility whose required daily recovery capacity exceeds the applicable
response capability caps in Table 5 of this appendix shall identify
sources of additional equipment, their locations, and the arrangements
made to obtain this equipment during a response. The owner or operator
of a facility whose calculated planning volume exceeds the applicable
contracting caps in Table 5 shall identify sources of additional
equipment equal to twice the cap listed in Tiers 1, 2, and 3 or the
amount necessary to reach the calculated planning volume, whichever is
lower. The resources identified above the cap must be capable of
arriving on scene not later than the Tiers 1, 2, and 3 response times in
Sec. 154.1045. No contract is required. While general listings of
available response equipment may be used to identify additional sources,
a response plan must identify the specific sources, locations, and
quantities of equipment that a facility owner or operator has considered
in his or her planning. When listing Coast Guard classified oil spill
removal organization(s) which have sufficient removal capacity to
recover the volume above the response capability cap for the specific
facility, as specified in Table 5 of this appendix, it is not necessary
to list specific quantities of equipment.
5.4 A facility owner or operator shall identify the availability of
temporary storage capacity to meet the requirements of section 9.2 of
this appendix. If available storage capacity is insufficient to meet
this requirement, then the effective daily recovery capacity must be
derated to the limits of the availabile storage capacity.
5.5 When selecting response resources necessary to meet the response
plan requirements, the facility owner or operator must ensure that a
portion of those resources are capable of being used in close-to-shore
response activities in shallow water. The following percentages of the
on-water response equipment identified for the applicable geographic
area must be capable of operating in waters of 6 feet or less depth:
(i) Offshore--10 percent
(ii) Nearshore/inland/Great Lakes/rivers and canals--20 percent.
5.6 In addition to oil spill recovery devices, a facility owner or
operator shall identify sufficient quantities of boom that are
available, by contract or other approved means as described in Sec.
154.1028(a), to arrive on scene within the required response times for
oil containment and collection. The specific quantity of boom required
for collection and containment will depend on the specific recovery
equipment and strategies employed. A facility owner or operator shall
also identify sufficient quantities of oil containment boom to protect
fish and wildlife and sensitive environments for the number of days and
geographic areas specified in Table 2. Sections 154.1035(b)(4)(iii) and
154.1040(a), as appropriate, shall be used to determine the amount of
containment boom required, through contract or other approved means as
described in Sec. 154.1028(a), to protect fish and wildlife and
sensitive environments.
5.7 A facility owner or operator must also identify, through
contract or other approved means as described in Sec. 154.1028(a), the
availability of an oil spill removal organization capable of responding
to a shoreline cleanup operation involving the calculated volume of oil
and emulsified oil that might impact the affected shoreline. The volume
of oil that must be planned for is calculated through the application of
factors contained in Tables 2 and 3. The volume calculated from these
tables is intended to assist the facility owner or operator in
identifying a contractor with sufficient resources and expertise. This
planning volume is not used explicitly to determine a required amount of
equipment and personnel.
6. Determining Effective Daily Recovery Capacity for Oil Recovery
Devices
6.1 Oil recovery devices identified by a facility owner or operator
must be identified by manufacturer, model, and effective daily recovery
capacity. These rates must be used to determine whether there is
sufficient capacity to meet the applicable planning critieria for the
average most probable discharge, maximum most probable discharge, and
worst case discharge to the maximum extent practicable.
[[Page 382]]
6.2 For the purpose of determining the effective daily recovery
capacity of oil recovery devices, the formula listed in section 6.2.1 of
this appendix will be used. This method considers potential limitations
due to available daylight, weather, sea state, and percentage of
emulsified oil in the recovered material. The Coast Guard may assign a
lower efficiency factor to equipment listed in a response plan if it
determines that such a reduction is warranted.
6.2.1 The following formula must be used to calculate the effective
daily recovery capacity:
R=Tx24 hoursxE
R=Effective daily recovery capacity
T=Throughout rate in barrels per hour (nameplate capacity)
E=20 percent Efficiency factor (or lower factor as determined by Coast
Guard)
6.2.2 For those devices in which the pump limits the throughput of
liquid, throughput rate will be calculated using the pump capacity.
6.2.3 For belt or mop type devices, the throughput rate will be
calculated using the speed of the belt or mop through the device,
assumed thickness of oil adhering to or collected by the device, and
surface area of the belt or mop. For purposes of this calculation, the
assumed thickness of oil will be 1/4 inch.
6.2.4 Facility owners or operators including oil recovery devices
whose throughput is not measurable using a pump capacity or belt/mop
speed may provide information to support an alternative method of
calculation. This information must be submitted following the procedures
in paragraph 6.3.2 of this appendix.
6.3 As an alternative to 6.2, a facility owner or operator may
submit adequate evidence that a different effective daily recovery
capacity should be applied for a specific oil recovery device. Adequate
evidence is actual verified performance data in spill conditions or
tests using ASTM F 631 (incorporated by reference, see Sec. 154.106),
or an equivalent test approved by the Coast Guard.
6.3.1 The following formula must be used to calculate the effective
daily recovery capacity under this alternative:
R=DxU
R=Effective daily recovery capacity
D=Average Oil Recovery Rate in barrels per hour (Item 26 in ASTM F 808;
Item 13.2.16 in ASTM F 631; or actual performance data)
U=Hours per day that a facility owner or operator can document
capability to operate equipment under spill conditions. Ten hours per
day must be used unless a facility owner or operator can demonstrate
that the recovery operation can be sustained for longer periods.
6.3.2 A facility owner or operator proposing a different effective
daily recovery rate for use in a response plan shall provide data for
the oil recovery devices listed. The following is an example of these
calculations:
A weir skimmer identified in a response plan has a manufacturer's
rated throughput at the pump of 267 gallons per minute (gpm).
267 gpm=381 barrels per hour
R=381x24x.2=1829 barrels per day
After testing using ASTM procedures, the skimmer's oil recovery rate
is determined to be 220 gpm. The facility owner of operator identifies
sufficient response resources available to support operations 12 hours
per day.
220 gpm=314 barrels per hour
R=314x12=3768 barrels per day
The facility owner or operator will be able to use the higher rate
if sufficient temporary oil storage capacity is available.
Determinations of alternative efficiency factors under paragraph 6.2 or
alternative effective daily recovery capacities under paragraph 6.3 of
this appendix will be made by Commandant, (G-MOR), Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593. Response
contractors or equipment manufacturers may submit required information
on behalf of multiple facility owners or operators directly in lieu of
including the request with the response plan submission.
7. Calculating the Worst Case Discharge Planning Volumes
7.1 The facility owner or operator shall plan for a response to a
facility's worst case discharge. The planning for on-water recovery must
take into account a loss of some oil to the environment due to
evaporative and natural dissipation, potential increases in volume due
to emulsification, and the potential for deposit of some oil on the
shoreline.
7.2 The following procedures must be used to calculate the planning
volume used by a facility owner or operator for determining required on
water recovery capacity:
7.2.1 The following must be determined: The worst case discharge
volume of oil in the facility; the appropriate group(s) for the type of
oil handled, stored, or transported at the facility (non-persistent
(Group I) or persistent (Groups II, III, or IV)); and the facility's
specific operating area. Facilities which handle, store, or transport
oil from different petroleum oil groups must calculate each group
separately. This information is to be used with Table 2 of this appendix
to determine the percentages of the total volume to be used for removal
capacity planning. This table divides the volume into three categories:
Oil lost to the environment; oil deposited on the shoreline; and oil
available for on-water recovery.
7.2.2 The on-water oil recovery volume must be adjusted using the
appropriate emulsification factor found in Table 3 of this appendix.
Facilities which handle, store, or
[[Page 383]]
transport oil from different petroleum groups must assume that the oil
group resulting in the largest on-water recovery volume will be stored
in the tank or tanks identified as constituting the worst case
discharge.
7.2.3 The adjusted volume is multiplied by the on-water oil recovery
resource mobilization favor found in Table 4 of this appendix from the
appropriate operating area and response tier to determine the total on-
water oil recovery capacity in barrels per day that must be identified
or contracted for to arrive on-scene with the applicable time for each
response tier. Three tiers are specified. For higher volume port areas,
the contracted tiers of resources must be located such that they can
arrive on scene within 6, 30, and 54 hours of the discovery of an oil
discharge. For all other river, inland, nearshore, offshore areas, and
the Great Lakes, these tiers are 12, 36, and 60 hours.
7.2.4 The resulting on-water recovery capacity in barrels per day
for each tier must be used to identify response resources necessary to
sustain operations in the applicable operating area. The equipment must
be capable of sustaining operations for the time period specified in
Table 2 of this appendix. The facility owner or operator must identify
and ensure the availability, through contract or other approved means as
described in Sec. 154.1028(a), of sufficient oil spill recovery devices
to provide the effective daily recovery oil recovery capacity required.
If the required capacity exceeds the applicable cap specified in Table 5
of this appendix, then a facility owner or operator shall ensure, by
contract or other approved means as described in Sec. 154.1028(a), only
for the quantity of resources required to meet the cap, but shall
identify sources of additional resources as indicated in Sec.
154.1045(m). The owner or operator of a facility whose planning volume
exceeds the cap for 1993 must make arrangements to identify and ensure
the availability, through contract or other approved means as described
in Sec. 154.1028(a), of the additional capacity in 1998 or 2003, as
appropriate. For a facility that handles, stores, or transports multiple
groups of oil, the required effective daily recovery capacity for each
group is calculated before applying the cap.
7.3 The following procedures must be used to calculate the planning
volume for identifying shoreline cleanup capacity:
7.3.1 The following must be determined: The worst case discharge
volume of oil for the facility; the appropriate group(s) for the type of
oil handled, stored, or transported at the facility (non-persistent
(Group I) or persistent (Groups II, III, or IV)); and the operating
area(s) in which the facility operates. For a facility storing oil from
different groups, each group must be calculated separately. Using this
information, Table 2 of this appendix must be used to determine the
percentages of the total planning volume to be used for shoreline
cleanup resource planning.
7.3.2 The shoreline cleanup planning volume must be adjusted to
reflect an emulsification factor using the same procedure as described
in section 7.2.2.
7.3.3 The resulting volume will be used to identify an oil spill
removal organization with the appropriate shoreline cleanup capability.
7.3.4 The following is an example of the procedure described above:
A facility receives oil from barges via a dock located on a bay and
transported by piping to storage tanks. The facility handles Number 6
oil (specific gravity .96) and stores the oil in tanks where it is held
prior to being burned in an electric generating plant. The MTR segment
of the facility has six 18-inch diameter pipelines running one mile from
the dock-side manifold to several storage tanks which are located in the
non-transportation-related portion of the facility. Although the
facility piping has a normal working pressure of 100 pounds per square
inch, the piping has a maximum allowable working pressure (MAWP) of 150
pounds per square inch. At MAWP, the pumping system can move 10,000
barrels (bbls) of Number 6 oil every hour through each pipeline. The
facility has a roving watchman who is required to drive the length of
the piping every 2 hours when the facility is receiving oil from a
barge. The facility operator estimates that it will take approximately
10 minutes to secure pumping operations when a discharge is discovered.
Using the definition of worst case discharge provided in Sec.
154.1029(b)(ii), the following calculation is provided:
bbls.
2 hrs + 0.17 hour x 10,000 bbls per hour...................... 21,700
Piping volume = 37,322 ft \3\ / 5.6 ft \3\/bbl................ +6,664
---------
Discharge volume per pipe..................................... 28,364
Number of pipelines........................................... x6
---------
Worst case discharge from MTR facility........................ 170,184
To calculate the planning volumes for onshore recovery:
Worst case discharge: 170,184 bbls. Group IV oil
Emulsification factor (from Table 3): 1.4
Operating Area impacted: Inland
Planned percent oil onshore recovery (from Table 2): Inland 70%
Planning volumes for onshore recovery: Inland 170,184 x.7 x 1.4 =
166,780 bbls.
Conclusion: The facility owner or operator must contract with a
response resource capable of managing a 166,780 barrel shoreline
cleanup.
To calculate the planning volumes for on-water recovery:
[[Page 384]]
Worst case discharge: 170,184 bbls. Group IV oil
Emulsification factor (from Table 3): 1.4
Operating Area impacted: Inland
Planned percent oil on-water recovery (from Table 2): Inland 50%
Planning volumes for on-water recovery: Inland 170,184x.5x1.4 = 119,128
bbls.
To determine the required resources for on-water recovery for each
tier, use the mobilization factors from Table 4:
------------------------------------------------------------------------
Tier 1 Tier 2 Tier 3
------------------------------------------------------------------------
Inland = 119,128 bbls........................ x .15 x .25 x .40
----------
Barrels per day (pbd)........................ 17,869 29,782 47,652
------------------------------------------------------------------------
Conclusion: Since the requirements for all tiers for inland exceed
the caps, the facility owner will only need to contract for 10,000 bpd
for Tier 1, 20,000 bpd for Tier 2, and 40,000 bpd for Tier 3. Sources
for the bpd on-water recovery resources above the caps for all three
Tiers need only be identified in the response plan.
Twenty percent of the capability for Inland, for all tiers, must be
capable of operating in water with a depth of 6 feet or less.
The facility owner or operator will also be required to identify or
ensure, by contract or other approved means as described in Sec.
154.1028(a), sufficient response resources required under Sec. Sec.
154.1035(b)(4) and 154.1045(k) to protect fish and wildlife and
sensitive environments identified in the response plan for the worst
case discharge from the facility.
The COTP has the discretion to accept that a facility can operate
only a limited number of the total pipelines at a dock at a time. In
those circumstances, the worst case discharge must include the drainage
volume from the piping normally not in use in addition to the drainage
volume and volume of oil discharged during discovery and shut down of
the oil discharge from the operating piping.
8. Determining the Availability of Alternative Response Methods
8.1 Response plans for facilities that handle, store, or transport
Groups II or III persistent oils that operate in an area with year-round
preapproval for dispersant use may receive credit for up to 25 percent
of their required on-water recovery capacity for 1993 if the
availability of these resources is ensured by contract or other approved
means as described in Sec. 154.1028(a). For response plan credit, these
resources must be capable of being on-scene within 12 hours of a
discharge.
8.2 To receive credit against any required on-water recover capacity
a response plan must identify the locations of dispersant stockpiles,
methods of shipping to a staging area, and appropriate aircraft,
vessels, or facilities to apply the dispersant and monitor its
effectiveness at the scene of an oil discharge.
8.2.1 Sufficient volumes of dispersants must be available to treat
the oil at the dosage rate recommended by the dispersant manufacturer.
Dispersants identified in a response plan must be on the NCP Product
Schedule that is maintained by the Environmental Protection Agency.
(Some states have a list of approved dispersants and within state waters
only they can be used.)
8.2.2 Dispersant application equipment identified in a response plan
for credit must be located where it can be mobilized to shoreside
staging areas to meet the time requirements in section 8.1 of this
appendix. Sufficient equipment capacity and sources of appropriate
dispersants should be identified to sustain dispersant application
operations for at least 3 days.
8.2.3 Credit against on-water recovery capacity in preapproved areas
will be based on the ability to treat oil at a rate equivalent to this
credit. For example, a 2,500 barrel credit against the Tier 1 10,000
barrel on-water cap would require the facility owner or operator to
demonstrate the ability to treat 2,500 barrel/day of oil at the
manufacturers recommended dosage rate. Assuming a dosage rate of 10:1,
the plan would need to show stockpiles and sources of 250 barrels of
dispersants at a rate of 250 barrels per day and the ability to apply
the dispersant at that daily rate for 3 days in the geographic area in
which the facility is located. Similar data would need to be provided
for any additional credit against Tier 2 and 3 resources.
8.3 In addition to the equipment and supplies required, a facility
owner or operator shall identify a source of support to conduct the
monitoring and post-use effectiveness evaluation required by applicable
regional plans and ACPs.
8.4 Identification of the response resources for dispersant
application does not imply that the use of this technique will be
authorized. Actual authorization for use during a spill response will be
governed by the provisions of the NCP and the applicable regional plan
or ACP. A facility owner or operator who operates a facility in areas
with year-round preapproval of dispersant can reduce the required on-
water recovery capacity for 1993 up to 25 percent. A facility owner or
operator may reduce the required on water recovery cap increase for 1998
and 2003 up to 50 percent by identifying pre-approved alternative
response methods.
8.5 In addition to the credit identified above, a facility owner or
operator that operates in a year-round area pre-approved for dispersant
use may reduce their required on water recovery cap increase for 1998
and 2003 by up to 50 percent by identifying non-mechanical methods.
[[Page 385]]
8.6 The use of in-situ burning as a non-mechanical response method
is still being studied. Because limitations and uncertainties remain for
the use of this method, it may not be used to reduce required oil
recovery capacity in 1993.
9. Additional Equipment Necessary to Sustain Response Operations
9.1 A facility owner or operator is responsible for ensuring that
sufficient numbers of trained personnel and boats, aerial spotting
aircraft, containment boom, sorbent materials, boom anchoring materials,
and other supplies are available to sustain response operations to
completion. All such equipment must be suitable for use with the primary
equipment identified in the response plan. A facility owner or operator
is not required to list these response resources, but shall certify
their availability.
9.2 A facility owner or operator shall evaluate the availability of
adequate temporary storage capacity to sustain the effective daily
recovery capacities from equipment identified in the plan. Because of
the inefficiencies of oil spill recovery devices, response plans must
identify daily storage capacity equivalent to twice the effective daily
recovery rate required on scene. This temporary storage capacity may be
reduced if a facility owner or operator can demonstrate by waste stream
analysis that the efficiencies of the oil recovery devices, ability to
decant waste, or the availability of alternative temporary storage or
disposal locations will reduce the overall volume of oily material
storage requirement.
9.3 A facility owner or operator shall ensure that his or her
planning includes the capability to arrange for disposal of recovered
oil products. Specific disposal procedures will be addressed in the
applicable ACP.
Table 1--Response Resource Operating Criteria Oil Recovery Devices
----------------------------------------------------------------------------------------------------------------
Operating environment Significant wave height \1\ Sea State
----------------------------------------------------------------------------------------------------------------
Rivers and Canals............................ <=1 Foot............................................ 1
Inland....................................... <=3 feet............................................ 2
Great Lakes.................................. <=4 feet............................................ 2-3
Ocean........................................ <=6 feet............................................ 3-4
BOOM
----------------------------------------------------------------------------------------------------------------
Use
-------------------------------------------------------
Boom property Rivers and
canals Inland Great Lakes Ocean
----------------------------------------------------------------------------------------------------------------
Significant Wave Height \1\............................. <=1 <=3 <=4 <=6
Sea State............................................... 1 2 2-3 3-4
Boom height--in. (draft plus freeboard)................. 6-18 18-42 18-42 <=42
Reserve Buoyancy to Weight Ratio........................ 2:1 2:1 2:1 3:1 to 4:1
Total Tensile Strength--lbs............................. 4,500 15-20,000 15-20,000 <=20,000
Skirt Fabric Tensile Strength--lbs...................... 200 300 300 500
Skirt Fabric Tear Strength--lbs......................... 100 100 100 125
----------------------------------------------------------------------------------------------------------------
\1\ Oil recovery devices and boom must be at least capable of operating in wave heights up to and including the
values listed in Table 1 for each operating environment.
Table 2--Removal Capacity Planning Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Spill location Rivers and canals Nearshore/inland Great Lakes Offshore
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sustainability of on-water oil recovery 3 Days 4 Days 6 Days
--------------------------------------------------------------------------------------------------------------------------------------------------------
% % %
% Natural Recovered % Oil on % Natural Recovered % Oil on % Natural Recovered % Oil on
Oil group dissipation floating shore dissipation floating shore dissipation floating shore
oil oil oil
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Non-persistent oils............................. 80 10 10 80 20 10 95 5 /
2 Light crudes.................................... 40 15 45 50 50 30 75 25 5
3 Medium crudes and fuels......................... 20 15 65 30 50 50 60 40 20
4 Heavy crudes and fuels.......................... 5 20 75 10 50 70 50 40 30
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3--Emulsification Factors for Petroleum Oil Groups
------------------------------------------------------------------------
------------------------------------------------------------------------
Non-Persistent Oil:
Group I........................................................ 1.0
Persistent Oil:
Group II....................................................... 1.8
Group III...................................................... 2.0
Group IV....................................................... 1.4
------------------------------------------------------------------------
[[Page 386]]
Table 4--On Water Oil Recovery Resource Mobilization Factors
------------------------------------------------------------------------
Tier Tier Tier
Operating Area 1 2 3
------------------------------------------------------------------------
Rivers & Canals.................................... .30 .40 .60
Inland/Nearshore/Great Lakes....................... .15 .25 .40
Offshore........................................... .10 .165 .21
------------------------------------------------------------------------
Note: These mobilization factors are for total response resources
mobilized, not incremental response resources.
Table 5--Response Capability Caps by Operating Area
----------------------------------------------------------------------------------------------------------------
Tier 1 Tier 2 Tier 3
----------------------------------------------------------------------------------------------------------------
February 18, 1993:
All except rivers and 10K bbls/day............. 20K bbls/day............. 40K bbls/day/
canals, Great Lakes.
Great Lakes................ 5K bbls/day.............. 10K bbls/day............. 20K bbls/day.
Rivers and canals.......... 1,500 bbls/day........... 3,000 bbls/day........... 6,000 bbls/day.
February 18, 1998:
All except rivers and 12.5K bbls/day........... 25K bbls/day............. 50K bbls/day.
canals, Great Lakes.
Great Lakes................ 6.25K bbls/day........... 12.3K bbls/day........... 25K bbls/day.
Rivers and canals.......... 1,875 bbls/day........... 3,750 bbls/day........... 7,500 bbls/day.
February 18, 2003:
All except rivers and TBD...................... TBD...................... TBD.
canals, Great Lakes.
Great Lakes................ TBD...................... TBD...................... TBD.
Rivers and canals.......... TBD...................... TBD...................... TBD.
----------------------------------------------------------------------------------------------------------------
Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.
TBD = To be determined.
[CGD 91-036, 61 FR 7933, Feb. 29, 1996, as amended by CGD 96-026, 61 FR
33666, June 28, 1996; USCG-1999-5151, 64 FR 67175, Dec. 1, 1999; USCG-
2000-7223, 65 FR 40058, June 29, 2000; USCG-2005-21531, 70 FR 36349,
June 23, 2005]
Appendix D to Part 154--Training Elements for Oil Spill Response Plans
1. General
1.1 The portion of the plan dealing with training is one of the key
elements of a response plan. This concept is clearly expressed by the
fact that Congress, in writing OPA 90, specifically included training as
one of the sections required in a vessel or facility response plan. In
reviewing submitted response plans, it has been noted that the plans
often do not provide sufficient information in the training section of
the plan for either the user or the reviewer of the plan. In some cases,
plans simply state that the crew and others will be trained in their
duties and responsibilities, with no other information being provided.
In other plans, information is simply given that required parties will
receive the necessary worker safety training (HAZWOPER).
1.2 The training section of the plan need not be a detailed course
syllabus, but it must contain sufficient information to allow the user
and reviewer (or evaluator) to have an understanding of those areas that
are believed to be critical. Plans should identify key skill areas and
the training that is required to ensure that the individual identified
will be capable of performing the duties prescribed to them. It should
also describe how the training will be delivered to the various
personnel. Further, this section of the plan must work in harmony with
those sections of the plan dealing with exercises, the spill management
team, and the qualified individual.
1.3 The material in this appendix D is not all-inclusive and is
provided for guidance only.
2. Elements To Be Addressed
2.1 To assist in the preparation of the training section of a
facility response plan, some of the key elements that should be
addressed are indicated in the following sections. Again, while it is
not necessary that the comprehensive training program for the company be
included in the response plan, it is necessary for the plan to convey
the elements that define the program as appropriate.
2.2 An effective spill response training program should consider and
address the following:
2.2.1 Notification requirements and procedures.
2.2.2 Communication system(s) used for the notifications.
2.2.3 Procedures to mitigate or prevent any discharge or a
substantial threat of a
[[Page 387]]
discharge of oil resulting from failure of manifold, mechanical loading
arm, or other transfer equipment or hoses, as appropriate;
2.2.3.1 Tank overfill;
2.2.3.2 Tank rupture;
2.2.3.3 Piping rupture;
2.2.3.4 Piping leak, both under pressure and not under pressure, if
applicable;
2.2.3.5 Explosion or fire;
2.2.3.6 Equipment failure (e.g., pumping system failure, relief
valve failure, or other general equipment relevant to operational
activities associated with internal or external facility transfers).
2.2.4 Procedures for transferring responsibility for direction of
response activities from facility personnel to the spill management
team.
2.2.5 Familiarity with the operational capabilities of the
contracted oil spill removal organizations and the procedures to notify
the activate such organizations.
2.2.6 Familiarity with the contracting and ordering procedures to
acquire oil spill removal organization resources.
2.2.7 Familiarity with the ACP(s).
2.2.8 Familiarity with the organizational structures that will be
used to manage the response actions.
2.2.9 Responsibilities and duties of the spill management team
members in accordance with designated job responsibilities.
2.2.10 Responsibilities and authority of the qualified individual as
described in the facility response plan and company response
organization.
2.2.11 Responsibilities of designated individuals to initiate a
response and supervise response resources.
2.2.12 Actions to take, in accordance with designated job
responsibilities, in the event of a transfer system leak, tank overflow,
or suspected cargo tank or hull leak.
2.2.13 Information on the cargoes handled by the vessel or facility,
including familiarity with--
2.2.13.1 Cargo material safety data sheets;
2.2.13.2 Chemical characteristic of the cargo;
2.2.13.3 Special handling procedures for the cargo;
2.2.13.4 Health and safety hazards associated with the cargo; and
2.2.13.5 Spill and firefighting procedures for cargo.
2.2.14 Occupational Safety and Health Administration requirements
for worker health and safety (29 CFR 1910.120).
3. Further Considerations
In drafting the training section of the facility response plan, some
further considerations are noted below (these points are raised simply
as a reminder):
3.1 The training program should focus on training provided to
facility personnel.
3.2 An organization is comprised of individuals, and a training
program should be structured to recognize this fact by ensuring that
training is tailored to the needs of the individuals involved in the
program.
3.3 An owner or operator may identify equivalent work experience
which fulfills specific training requirements.
3.4 The training program should include participation in periodic
announced and unannounced exercises. This participation should
approximate the actual roles and responsibilities of individual
specified in the plan.
3.5 Training should be conducted periodically to reinforce the
required knowledge and to ensure an adequate degree of preparedness by
individuals with responsibilities under the facility response plan.
3.6 Training may be delivered via a number of different means;
including classroom sessions, group discussions, video tapes, self-study
workbooks, resident training courses, on-the-job training, or other
means as deemed appropriate to ensure proper instruction.
3.7 New employees should complete the training program prior to
being assigned job responsibilities which require participation in
emergency response situations.
4. Conclusion
The information in this appendix is only intended to assist response
plan preparers in reviewing the content of and in modifying the training
section of their response plans. It may be more comprehensive than is
needed for some facilities and not comprehensive enough for others. The
Coast Guard expects that plan preparers have determined the training
needs of their organizations created by the development of the response
plans and the actions identified as necessary to increase the
preparedness of the company and its personnel to respond to actual or
threatened discharges of oil from their facilities.
[CGD 91-036, 61 FR 7938, Feb. 29, 1996]
PART 155_OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS
FOR VESSELS--Table of Contents
Subpart A_General
Sec.
155.100 Applicability.
155.110 Definitions.
155.120 Equivalents.
155.130 Exemptions.
155.140 Incorporation by reference.
Subpart B_Vessel Equipment
155.200 Definitions.
[[Page 388]]
155.205 Discharge removal equipment for vessels 400 feet or greater in
length.
155.210 Discharge removal equipment for vessels less than 400 feet in
length.
155.215 Discharge removal equipment for inland oil barges.
155.220 Discharge removal equipment for vessels carrying oil as
secondary cargo.
155.225 Internal cargo transfer capability.
155.230 Emergency control systems for tank barges.
155.235 Emergency towing capability for oil tankers.
155.240 Damage stability information for oil tankers and offshore oil
barges.
155.245 Damage stability information for inland oil barges.
155.310 Containment of oil and hazardous material cargo discharges.
155.320 Fuel oil and bulk lubricating oil discharge containment.
155.330 Oily mixture (bilge slops)/fuel oil tank ballast water
discharges on U.S. non-oceangoing ships.
155.350 Oily mixture (Bilge slops)/fuel oil tank ballast water
discharges on oceangoing ships of less than 400 gross tons.
155.360 Oily Mixture (Bilge slops) discharges on oceangoing ships of 400
gross tons and above but less than 10,000 gross tons,
excluding ships that carry ballast water in their fuel oil
tanks.
155.370 Oily mixture (bilge slops)/fuel oil tank ballast water
discharges on oceangoing ships of 10,000 gross tons and above
and oceangoing ships of 400 gross tons and above that carry
ballast water in their fuel oil tanks.
155.380 Oily-water separating equipment, bilge alarm, and bilge monitor
approval standards.
155.400 Platform machinery space drainage on oceangoing fixed and
floating drilling rigs and other platforms.
155.410 Pumping, piping and discharge requirements for U.S. non-
oceangoing ships of 100 gross tons and above.
155.420 Pumping, piping and discharge requirements for oceangoing ships
of 100 gross tons and above but less than 400 gross tons.
155.430 Standard discharge connections for oceangoing ships of 400 gross
tons and above.
155.440 Segregation of fuel oil and ballast water on new oceangoing
ships of 4,000 gross tons and above, other than oil tankers,
and on new oceangoing oil tankers of 150 gross tons and above.
155.450 Placard.
155.470 Prohibited spaces.
155.480 Overfill devices.
155.490 Tank level or pressure monitoring devices.
Subpart C_Transfer Personnel, Procedures, Equipment, and Records
155.700 Designation of person in charge.
155.710 Qualifications of person in charge.
155.715 Contents of letter of designation as a person-in-charge of the
transfer of fuel oil.
155.720 Transfer procedures.
155.730 Compliance with transfer procedures.
155.740 Availability of transfer procedures.
155.750 Contents of transfer procedures.
155.760 Amendment of transfer procedures.
155.770 Draining into bilges.
155.775 Maximum cargo level of oil.
155.780 Emergency shutdown.
155.785 Communications.
155.790 Deck lighting.
155.800 Transfer hose.
155.805 Closure devices.
155.810 Tank vessel security.
155.815 Tank vessel integrity.
155.820 Records.
Subpart D_Response Plans
155.1010 Purpose.
155.1015 Applicability.
155.1020 Definitions.
155.1025 Operating restrictions and interim operating authorization.
155.1026 Qualified individual and alternate qualified individual.
155.1030 General response plan requirements.
155.1035 Response plan requirements for manned vessels carrying oil as a
primary cargo.
155.1040 Response plan requirements for unmanned tank barges carrying
oil as a primary cargo.
155.1045 Response plan requirements for vessels carrying oil as a
secondary cargo.
155.1050 Response plan development and evaluation criteria for vessels
carrying groups I through IV petroleum oil as a primary cargo.
155.1052 Response plan development and evaluation criteria for vessels
carrying group V petroleum oil as a primary cargo.
155.1055 Training.
155.1060 Exercises.
155.1062 Inspection and maintenance of response resources.
155.1065 Procedures for plan submission, approval, requests for
acceptance of alternative planning criteria, and appeal.
[[Page 389]]
155.1070 Procedures for plan review, revision, amendment, and appeal.
Subpart E_Additional Response Plan Requirements for Tankers Loading
Cargo at a Facility Permitted Under the Trans-Alaska Pipeline
Authorization Act
155.1110 Purpose and applicability.
155.1115 Definitions.
155.1120 Operating restrictions and interim operating authorization.
155.1125 Additional response plan requirements.
155.1130 Requirements for prepositioned response equipment.
155.1135 Response plan development and evaluation criteria.
155.1145 Submission and approval procedures.
155.1150 Plan revision and amendment procedures.
Subpart F_Response plan requirements for vessels carrying animal fats
and vegetable oils as a primary cargo
155.1210 Purpose and applicability.
155.1225 Response plan submission requirements.
155.1230 Response plan development and evaluation criteria.
Subpart G_Response Plan Requirements for Vessels Carrying Other Non-
Petroleum Oils as a Primary Cargo
155.2210 Purpose and applicability.
155.2225 Response plan submission requirements.
155.2230 Response plan development and evaluation criteria.
Appendix A to Part 155--Specifications for Shore Connection
Appendix B to Part 155--Determining and Evaluating Required Response
Resources for Vessel Response Plans
Appendix C to Part 155--Training Elements for Oil Spill Response Plans
Authority: 33 U.S.C. 1231, 1321(j); E.O. 11735, 3 CFR, 1971-1975
Comp., p. 793. Sections 155.100 through 155.130, 150.350 through
155.400, 155.430, 155.440, 155.470, 155.1030(j) and (k), and 155.1065(g)
are also issued under 33 U.S.C. 1903(b). Sections 155.480, 155.490,
155.750(e), and 155.775 are also issued under 46 U.S.C. 3703. Section
155.490 also issued under section 4110(b) of Pub. L. 101-380.
Note: Additional requirements for vessels carrying oil or hazardous
materials are contained in 46 CFR parts 30 through 40, 150, 151, and
153.
Subpart A_General
Source: CGD 75-124a, 48 FR 45714, Oct. 6, 1983, unless otherwise
noted.
Sec. 155.100 Applicability.
(a) Subject to the exceptions provided for in paragraph (b) and (c)
of this section, this part applies to each ship that:
(1) Is operated under the authority of the United States, wherever
located; or
(2) Is operated under the authority of a country other than the
United States while in the navigable waters of the United States, or
while at a port or terminal under the jurisdiction of the United States.
(b) This part does not apply to:
(1) A warship, naval auxiliary, or other ship owned or operated by a
country when engaged in non-commercial service; or
(2) Any other ship specifically excluded by MARPOL 73/78.
(c) Section 155.480 applies to each tank vessel with a cargo
capacity of 1,000 or more cubic meters (approximately 6,290 barrels),
loading oil or oil reside as cargo that is operated under the authority
of the United States, wherever located, or operated under the authority
of a country other than the United States while in the navigable waters
of the United States, or while at a port or terminal under the
jurisdiction of the United States.
[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 90-071a, 62
FR 48773, Sept. 17, 1997]
Sec. 155.110 Definitions.
Except as specifically stated in a section, the definitions in part
151 of this chapter, except for the word ``oil'', and in part 154 of
this chapter, apply to this part.
[CGD 90-071a, 59 FR 53290, Oct. 21, 1994]
Sec. 155.120 Equivalents.
(a) For ships required to be surveyed under Sec. 151.17 of this
chapter, the Commandant may, upon receipt of a written request, allow
any fitting, material, appliance or apparatus to be fitted
[[Page 390]]
in a ship as an alternative to that required by both MARPOL 73/78 and
subpart B of this part if such fitting, material, appliance, or
apparatus is at least as effective as that required by subpart B.
Substitution of operational methods to control the discharge of oil in
place of those design and construction features prescribed by MARPOL 73/
78 that are also prescribed by subpart B of this part is not allowed.
(b) Any equivalent to a feature prescribed by MARPOL 73/78 that is
authorized for a ship having an IOPP Certificate is noted on that
Certificate.
(c) For tank vessels required to have overfill devices installed
under parts 155 and 156 of this chapter, the Commandant may, upon
receipt of a written request, allow any fitting, material, appliance, or
apparatus to be fitted in a tank vessel as an alternative to the
required overfill device(s) that are specified in these parts if the
proposed alternative device is at least as effective as that required in
the regulations.
[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 90-071a, 59
FR 53290, Oct. 21, 1994]
Sec. 155.130 Exemptions.
(a) The Commandant grants an exemption or partial exemption from
compliance with any requirement in this part if:
(1) A ship operator submits a written request for an exemption via
the COTP or OCMI thirty (30) days before operations under the exemption
are proposed unless the COTP or OCMI authorizes a shorter time; and
(2) It is determined from the request that:
(i) Compliance with a specific requirement is economically or
physically impractical;
(ii) No alternative procedures, methods, or equipment standards
exist that would provide an equivalent level of protection from
pollution; and
(iii) The likelihood of discharges occurring as a result of the
exemption is minimal.
(b) If requested, the applicant must submit any appropriate
information, including an environmental and economic assessment of the
effects of and the reasons for the exemption and proposed procedures,
methods, or equipment standards.
(c) The exemption may specify the procedures, methods, or equipment
standards that will apply.
(d) An oceangoing ship is not given an exemption from the
requirements of subpart B of this part unless the ship is a hydrofoil,
air cushion vehicle or other new type of ship (near-surface craft,
submarine craft, etc.) whose constructional features are such as to
render the application of any of the provisions of subpart B relating to
construction and equipment unreasonable or impractical. The construction
and equipment of the ship must provide protection equivalent to that
afforded by subpart B of this part against pollution, having regard to
the service for which the ship is intended.
(e) An exemption is granted or denied in writing. The decision of
the Commandant is a final agency action.
[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD 86-034, 55 FR
36254, Sept. 4, 1990]
Sec. 155.140 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce any edition other than that
specified in paragraph (b) of this section, the Coast Guard must publish
notice of change in the Federal Register and the material must be
available to the public. All approved material is available for
inspection at the U.S. Coast Guard Office of Compliance (G-MOC), 2100
Second Street SW., Washington, 20593-0001, and at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html. All approved material is available from the sources
indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part, and the sections affected, are as follows:
American National Standards Institute, Inc. (ANSI) 11 West 42nd Street,
New York, NY 10036
[[Page 391]]
ANSI A10.14--Requirements for Safety 155.230
Belts, Harnesses, Lanyards and Lifelines
for Construction and Demolition Use,
1991.
American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive,
West Conshohocken, PA 19428-2959
ASTM F 631-93, Standard Guide for Appendix B.
Collecting Skimmer Performance Data in
Controlled Environments.
ASTM F 715-95, Standard Test Methods for Appendix B.
Coated Fabrics Used for Oil Spill
Control and Storage.
ASTM F 722-82 (1993), Standard Appendix A; Appendix B.
Specification for Welded Joints for
Shipboard Piping Systems.
International Maritime Organization (IMO)Publications Section, 4 Albert
Embankment, London SE1 75R, United Kingdom, Telex 23588.
Resolution A.535(13), Recommendations on 155.235
Emergency Towing Requirements for
Tankers, November 17, 1983.
Resolution MSC.35(63), Adoption of 155.235
Guidelines for Emergency Towing
Arrangement on Tankers, May 20, 1994.
Oil Companies International Marine Forum (OCIMF) 15th Floor, 96 Victoria
Street, London SW1E 5JW England.
Ship to Ship Transfer Guide (Petroleum), 155.1035
Second Edition, 1988.
[CGD 91-034, 58 FR 7424, Feb. 5, 1993, as amended by CGD 90-068, 58 FR
67995, Dec. 22, 1993; CGD 96-026, 61 FR 33666, June 28, 1996; CGD 95-
028, 62 FR 51194, Sept. 30, 1997; USCG-1998-4443, 63 FR 71763, Dec. 30,
1998; USCG-1999-5151, 64 FR 67176, Dec. 1, 1999; 69 FR 18803, Apr. 9,
2004]
Subpart B_Vessel Equipment
Source: CGD 75-124a, 48 FR 45715, Oct. 6, 1983, unless otherwise
noted.
Sec. 155.200 Definitions.
As used in this subpart:
Inland oil barge means a tank barge carrying oil in bulk as cargo
certificated by the Coast Guard under 46 CFR chapter I, subchapter D for
river or canal service or lakes, bays, and sounds service.
On-deck spill means a discharge of oil on the deck of a vessel
during loading, unloading, transfer, or other shipboard operations. An
on-deck spill could result from a leaking fitting, an overfill, a bad
connection, or similar operational mishap. The term on-deck spill is
used to differentiate these operational discharges from those caused by
collision or grounding where the hull is punctured and a tank is
ruptured, resulting in an uncontrolled discharge of oil into the marine
environment.
Offshore oil barge means a tank barge carrying oil in bulk as cargo,
including dual-mode integrated tug-barges, certificated by the Coast
Guard under 46 CFR chapter I, subchapter D, for navigation in waters
outside the Boundary Lines, as defined in 46 CFR part 7, in any ocean or
the Gulf of Mexico; any tank barge in Great Lakes service; or any
foreign flag tank barge.
Oil tanker means a self-propelled vessel carrying oil in bulk as
cargo, including integrated tug-barges designed for push-mode operation.
Sea state 5, the equivalent of Beaufort number or force 6, is a sea
condition with winds speeds of 22 to 27 knots and classified as ``strong
breeze'', and with waves measuring 2.5 to 4 meters in height and
classified as ``rough''.
Vessel carrying oil as secondary cargo means a vessel carrying oil
pursuant to a permit issued under 46 CFR 30.01-5, 46 CFR 70.05-30, or 46
CFR 90.05-35 or pursuant to an International Oil Pollution Prevention
(IOPP) or Noxious Liquid Substance (NLS) certificate required by
Sec. Sec. 151.33 or 151.35 of this chapter; or any uninspected vessel
that carries oil in bulk as cargo.
[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-2001-9046,
67 FR 58524, Sept. 17, 2002]
Sec. 155.205 Discharge removal equipment for vessels 400 feet or
greater in length.
(a) Oil tankers and offshore oil barges with an overall length of
400 feet or more must carry appropriate equipment and supplies for the
containment and removal of on-deck oil cargo spills of at least 12
barrels.
(b) The equipment and supplies must include--
[[Page 392]]
(1) Sorbents;
(2) Non-sparking hand scoops, shovels, and buckets;
(3) Containers suitable for holding recovered waste;
(4) Emulsifiers for deck cleaning;
(5) Protective clothing;
(6) A minimum of one non-sparking portable pump with hoses; and
(7) Scupper plugs.
(c) During cargo transfer operations, the equipment and supplies
must remain ready for immediate use.
[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799,
63 FR 35531, June 30, 1998]
Sec. 155.210 Discharge removal equipment for vessels less than 400
feet in length.
(a) Oil tankers and offshore oil barges with an overall length of
less than 400 feet must carry appropriate equipment and supplies for the
containment and removal of on-deck oil spills of at least 7 barrels.
(b) The equipment and supplies must include--
(1) Sorbents;
(2) Non-sparking hand scoops, shovels, and buckets;
(3) Containers suitable for holding recovered waste;
(4) Emulsifiers for deck cleaning;
(5) Protective clothing;
(6) A minimum of one non-sparking portable pump with hoses; and
(7) Scupper plugs.
(c) During cargo transfer operations, the equipment and supplies
must remain ready for immediate use.
[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799,
63 FR 35531, June 30, 1998]
Sec. 155.215 Discharge removal equipment for inland oil barges.
(a) During cargo transfer operations, inland oil barges must have
appropriate equipment and supplies ready for immediate use to control
and remove on-deck oil cargo spills of at least one barrel.
(b) The equipment and supplies must include--
(1) Sorbents;
(2) Non-sparking hand scoops, shovels, and buckets;
(3) Containers suitable for holding recovered waste;
(4) Emulsifiers for deck cleaning; and
(5) Protective clothing.
(c) The oil barge owner or operator may rely on equipment available
at the transfer facility receiving from or discharging to the barge,
provided the barge owner or operator has prearranged for the use of the
equipment by contract or other means approved by the Coast Guard.
[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799,
63 FR 35531, June 30, 1998]
Sec. 155.220 Discharge removal equipment for vessels carrying oil as
secondary cargo.
(a) Vessels carrying oil as secondary cargo must carry appropriate
equipment and supplies for the containment and removal of on-deck oil
cargo spills of at least one-half barrel.
(b) The equipment and supplies must include--
(1) Sorbents;
(2) Non-sparking hand scoops, shovels, and buckets;
(3) Containers suitable for holding recovered waste;
(4) Emulsifiers for deck cleaning; and
(5) Protective clothing
(c) The equipment and supplies must be ready for immediate use
during cargo transfer operations.
[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799,
63 FR 35531, June 30, 1998]
Sec. 155.225 Internal cargo transfer capability.
Oil tankers and offshore oil barges must carry suitable hoses and
reducers for internal transfer of cargo to tanks or other spaces within
the cargo block, unless the vessel's installed cargo piping system is
capable of performing this function.
[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799,
63 FR 35531, June 30, 1998]
Sec. 155.230 Emergency control systems for tank barges.
(a) Application. This section does not apply to foreign vessels
engaged in innocent passage (that is, neither entering nor leaving a
U.S. port); it applies
[[Page 393]]
to tank barges and vessels towing them on the following waters:
(1) On the territorial sea of the U.S. [as defined in Presidential
Proclamation 5928 of December 27, 1988, it is the belt of waters 12
nautical miles wide with its shoreward boundary the baseline of the
territorial sea], unless--
(i) The barge is being pushed ahead of, or towed alongside, the
towing vessel; and
(ii) The barge's coastwise route is restricted, on its certificate
of inspection (COI), so the barge may operate ``in fair weather only,
within 20 miles of shore,'' or with words to that effect. The Officer in
Charge, Marine Inspection, may define ``fair weather'' on the COI.
(2) In Great Lakes service unless--
(i) The barge is being pushed ahead of, or towed alongside, the
towing vessel; and
(ii) The barge's route is restricted, on its certificate of
inspection (COI), so the barge may operate ``in fair weather only,
within 5 miles of a harbor,'' or with words to that effect. The Officer
in Charge, Marine Inspection, may define ``fair weather'' on the COI.
(3) On Long Island Sound. For the purposes of this section, Long
Island Sound comprises the waters between the baseline of the
territorial sea on the eastern end (from Watch Hill Point, Rhode Island,
to Montauk Point, Long Island) and a line drawn north and south from
Premium Point, New York (about 40[deg]54.5[min] N, 73[deg]45.5[min] W),
to Hewlett Point, Long Island (about 40[deg]50.5[min] N,
73[deg]45.3[min] W), on the western end.
(4) In the Strait of Juan de Fuca.
(5) On the waters of Admiralty Inlet north of Marrowstone Point
(approximately 48[deg]06[min] N, 122[deg]41[min] W).
(b) Safety program. If you are the owner or operator of a single-
hull tank barge or of a vessel towing it, you must adequately man and
equip either the barge or the vessel towing it so the crew can arrest
the barge by employing Measure 1, described in paragraph (b)(1) of this
section. Moreover, the crew must be able to arrest or retrieve the barge
by employing either Measure 2 or Measure 3, described in paragraphs
(b)(2) and (3) of this section, respectively. If you are the owner or
operator of a double-hull tank barge, you must adequately equip it and
train its crew or, if it is unmanned, train the crew of the vessel
towing it, so the crew can retrieve the barge by employing Measure 2
described in paragraph (b)(2) of this section.
(1) Measure 1. Each single-hull tank barge, whether manned or
unmanned, must be equipped with an operable anchoring system that
conforms to 46 CFR 32.15-15; except that, for barges operating only on
the West Coast of the U.S., a system comprising heavy surge gear and
bridle legs may serve instead of the anchoring system. Because these
systems will also serve as emergency control systems, the owner or
operator must ensure that they meet the following criteria:
(i) Operation and performance. When the barge is underway--
(A) The system is ready for immediate use;
(B) No more than two crewmembers are needed to operate the system
and anchor the barge or arrest its movement;
(C) While preparing to anchor the barge or arrest its movement, the
operator of the system should confer with the master or mate of the
towing vessel regarding appropriate length of cable or chain to use; and
(D) Each operator of the system should wear a safety belt or harness
secured by a lanyard to a lifeline, drop line, or fixed structure such
as a welded padeye, if the sea or the weather warrants this precaution.
Each safety belt, harness, lanyard, lifeline, and drop line must meet
the specifications of ANSI A10.14.
(ii) Maintenance and inspections. The owner or operator of the
system shall inspect it annually. The inspection must verify that the
system is ready for immediate use, and must include a visual inspection
of the equipment that comprises the system in accordance with the
manufacturer's recommendations. The inspection must also verify that the
system is being maintained in accordance with the manufacturer's
recommendations. The inspection need not include actual demonstration of
the operation of the equipment or system.
[[Page 394]]
(iii) Training. On each manned barge, every crewmember must be
thoroughly familiar with the operation of the system. On each vessel
towing an unmanned barge, every deck crewmember must be thoroughly
familiar with the operation of the system installed on the barge. If
during the last 12 months the system was not used to anchor or arrest
the movement of the barge, then a drill on the use of the system must be
conducted within the next month. The drill need not involve actual
deployment of the system. However, it must allow every participant to
demonstrate the competencies (that is, the knowledge, skills, and
abilities) needed to ensure that everyone assigned a duty in anchoring
or arresting the movement of the barge is ready to do his or her duty.
(2) Measure 2. If you are the owner or operator of a tank barge or a
vessel towing it and this section applies to you by virtue of paragraph
(a) of this section, you must have installed an emergency retrieval
system or some other measure acceptable to the Coast Guard, as provided
in paragraph (b)(3) of this section. Any such system must meet the
following criteria:
(i) Design. The system must use an emergency towline with at least
the same pulling strength as required of the primary towline. The
emergency towline must be readily available on either the barge or the
vessel towing it. The towing vessel must have on board equipment to
regain control of the barge and continue towing (using the emergency
towline), without having to place personnel on board the barge.
(ii) Operation and performance. The system must use a stowage
arrangement that ensures the readiness of the emergency towline and the
availability of all retrieval equipment for immediate use in an
emergency whenever the barge is being towed astern.
(iii) Maintenance and inspection. The owner or operator of the
system shall inspect it annually. The inspection must verify that the
emergency retrieval system is ready for immediate use, and must include
a visual inspection of the equipment that comprises the system in
accordance with the manufacturer's recommendations. The inspection must
also verify that the system is being maintained in accordance with the
manufacturer's recommendations. The inspection need not include actual
demonstration of the operation of the equipment or system. Details
concerning maintenance of towlines appear in 33 CFR 164.74(a)(3) and
Navigation and Vessel Inspection Circular (NVIC) No. 5-92. Our NVICs are
available online at http://www.uscg.mil/hq/g-m/nvic/index.htm.
(iv) Training. Barge-retrieval drills must take place annually, and
not more than one month after a master or mate responsible for
supervising barge retrieval begins employment on a vessel that tows tank
barges.
(A) Each drill must allow every participant to demonstrate the
competencies (that is, the knowledge, skills, and abilities) needed to
ensure that everyone assigned a duty in barge retrieval is ready to do
his or her part to regain control of a drifting barge.
(B) If the drill includes actual operation of a retrieval system, it
must be conducted under the supervision of the master or mate
responsible for retrieval, and preferably in open waters free from
navigational hazards so as to minimize risk to personnel and the
environment.
(3) Measure 3. If you are the owner or operator of a tank barge or a
vessel towing it and this section applies to you by virtue of paragraph
(a) of this section, you may use an alternative measure or system fit
for retrieving a barge or arresting its movement as a substitute for
Measure 2, described in paragraph (b)(2) of this section. Before you use
such a measure or system, however, it must receive the approval of the
Commandant (G-MSE). It will receive this approval if it provides
protection against grounding of the tank vessel comparable to that
provided by one of the other two measures described in this section.
[USCG-1998-4443, 65 FR 31811, May 19, 2000]
Sec. 155.235 Emergency towing capability for oil tankers.
An emergency towing arrangement shall be fitted at both ends on
board all oil tankers of not less than 20,000 deadweight tons (dwt),
constructed on or after September 30, 1997. For oil tankers constructed
before September 30,
[[Page 395]]
1997, such an arrangement shall be fitted at the first scheduled dry-
docking, but not later than January 1, 1999. The design and construction
of the towing arrangement shall be in accordance with IMO resolution
MSC.35(63).
[CGD 95-028, 62 FR 51194, Sept. 30, 1997]
Sec. 155.240 Damage stability information for oil tankers and offshore
oil barges.
(a) Owners or operators of oil tankers and offshore oil barges shall
ensure that their vessels have prearranged, prompt access to
computerized, shore-based damage stability and residual structural
strength calculation programs.
(b) Vessel baseline strength and stability characteristics must be
pre-entered into such programs and be consistent with the vessel's
existing configuration.
(c) Access to the shore-based calculation program must be available
24 hours a day.
(d) At a minimum, the program must facilitate calculation of the
following:
(1) Residual hull girder strength based on the reported extent of
damage.
(2) Residual stability when the vessel's compartments are breached.
(3) The most favorable off-loading, ballasting, or cargo transfer
sequences to improve residual stability, reduce hull girder stresses,
and reduce ground-force reaction.
(4) The bending and shear stresses caused by pinnacle loads from
grounding or stranding.
[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-1998-3799,
63 FR 35531, June 30, 1998]
Sec. 155.245 Damage stability information for inland oil barges.
(a) Owners or operators of inland oil barges shall ensure that the
vessel plans necessary to perform salvage, stability, and residual hull
strength assessments are maintained at a shore-based location.
(b) Access to the plans must be available 24 hours a day.
[CGD 90-068, 58 FR 67997, Dec. 22, 1993, as amended by USCG-1998-3799,
63 FR 35531, June 30, 1998]
Sec. 155.310 Containment of oil and hazardous material cargo discharges.
(a) A tank vessel with a capacity of 250 or more barrels that is
carrying oil or hazardous material as cargo must have--
(1) Under or around each loading manifold and each transfer
connection point, a fixed container or enclosed deck area that, in all
conditions of ship list or trim encountered during the loading
operation, has a capacity of at least:
(i) One half barrel if it serves one or more hoses with an inside
diameter of 2 inches or less, or one or more loading arms with a nominal
pipe size diameter of 2 inches or less;
(ii) One barrel if it serves one or more hoses with an inside
diameter of more than 2 inches but less than 4 inches, or one or more
loading arms with a nominal pipe size diameter of more than 2 inches but
less than 4 inches;
(iii) Two barrels if it serves one or more hoses with an inside
diameter of 4 inches or more, but less than 6 inches, or one or more
loading arms with a nominal pipe size diameter of 4 inches or more, but
less than 6 inches;
(iv) Three barrels if it serves one or more hoses with an inside
diameter of 6 inches or more, but less than 12 inches, or one or more
loading arms with a nominal pipe size diameter of 6 inches or more, but
less than 12 inches; or
(v) Four barrels if it serves one or more hoses with an inside
diameter of 12 inches or more, or one or more loading arms with a
nominal pipe size diameter of 12 inches or more;
(2) A means of draining or removing discharged oil or hazardous
material from each container or enclosed deck area without discharging
the oil or hazardous material into the water; and
(3) A mechanical means of closing each drain and scupper in the
container or enclosed deck area required by this section.
(b) An offshore tank barge with a cargo capacity of 250 or more
barrels that is carrying hazardous material as cargo and an inland tank
barge with the capacity of 250 or more barrels that is carrying oil or a
hazardous material as cargo must meet paragraph (a) of this section or
be equipped with--
[[Page 396]]
(1) A coaming, at least 4 inches high but not more than 8 inches
high, enclosing the immediate area of the cargo hatches, loading
manifolds, and transfer connections, that has a capacity, in all
conditions of vessel list and trim to be encountered during the loading
operation, of at least one-half barrel per hatch, manifold, and
connection within the enclosed area;
(2) A fixed or portable container under each loading manifold and
each transfer connection within the coaming, that holds at least one-
half barrel;
(3) A mechanical means of closing each drain and scupper within the
coaming; and
(4) A means of draining or removing discharged oil or hazardous
material from the fixed or portable container and from within the
coamings without discharging the oil or hazardous material into the
water.
(c) All oil tankers and offshore oil barges with a cargo capacity of
250 or more barrels must have peripheral coamings, including port and
starboard coamings and forward and aft athwartships coamings, completely
enclosing the cargo deck area, cargo hatches, manifolds, transfer
connections, and any other openings where cargo may overflow or leak.
(1) Coamings must be at least 4 inches high except in the aft
corners.
(2) In the aft corners (port and starboard) of a vessel, the
coamings must be at least 8 inches high and extend--
(i) Forward at least 14 feet from each corner; and
(ii) Inboard at least 8 feet from each corner.
(3) Each area enclosed by the coaming required under this paragraph
must have--
(i) A means of draining or removing oil from the enclosed deck area
without discharging oil into the water; and
(ii) A mechanical means of closing each drain and scupper in the
enclosed deck-area.
(4) For a tankship, as defined in 46 CFR 30.10-67, the coaming or
other barrier required in 46 CFR 32.56-15 may serve as the aft
athwartships coaming if the tankship is otherwise in compliance with the
requirements of this section.
(d) In addition to the requirements of paragraphs (a) and (b) of
this section, an offshore oil barge with a cargo capacity of 250 or more
barrels must have--
(1) A fixed or portable container that holds at least one-half
barrel under each oil loading manifold and each oil transfer connection
within the coaming;
(2) A mechanical means of closing each drain and scupper within the
coaming; and
(3) A means of draining or removing discharged oil from the fixed or
portable container and from within the coaming without discharging the
oil into the water.
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 86-034, 55 FR
36254, Sept. 4, 1990; CGD 90-068, 58 FR 67997, Dec. 22, 1993; USCG-1998-
3799, 63 FR 35531, June 30, 1998]
Sec. 155.320 Fuel oil and bulk lubricating oil discharge containment.
(a) A ship of 300 gross tons or more constructed after June 30, 1974
must have a fixed container or enclosed deck area under or around each
fuel oil or bulk lubricating oil tank vent, overflow, and fill pipe,
that:
(1) For a ship of 300 or more but less than 1600 gross tons has a
capacity of at least one-half barrel; and
(2) For a ship of 1600 or more gross tons has a capacity of one
barrel.
(b) A ship of 100 gross tons or more constructed before July 1,
1974, and a ship of 100 or more but less than 300 gross tons constructed
after June 30, 1974 must:
(1) Meet paragraph (a)(1) of this section; or
(2) Equip each fuel oil or bulk lubricating oil tank vent, overflow,
and fill pipe during oil transfer operations with a portable container
of at least a 5 U.S. gallon capacity; or
(3) If the ship has a fill fitting for which containment is
impractical, use an automatic back pressure shut-off nozzle.
(c) This section does not apply to a fixed or floating drilling rig
or other platform.
[[Page 397]]
Sec. 155.330 Oily mixture (bilge slops)/fuel oil tank ballast water
discharges on U.S. non-oceangoing ships.
(a) No person may operate a U.S. non-oceangoing ship in the
navigable waters of the United States, unless it has the capacity to
retain on board all oily mixtures and is equipped to discharge these
oily mixtures to a reception facility.
(b) A U.S. non-oceangoing ship may retain all oily mixtures on board
in the ship's bilges. An oil residue (sludge) tank is not required.
(c) This section does not apply to a fixed or floating drilling rig
or other platform.
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641,
66 FR 55571, Nov. 2, 2001]
Sec. 155.350 Oily mixture (Bilge slops)/fuel oil tank ballast water
discharges on oceangoing ships of less than 400 gross tons.
(a) No person may operate an oceangoing ship of less than 400 gross
tons, unless it either:
(1) Has the capacity to retain on board all oily mixtures and is
equipped to discharge these oily mixtures to a reception facility; or
(2) Has approved oily-water separating equipment for processing oily
mixtures from bilges or fuel oil tank ballast and discharges into the
sea according to Sec. 151.10 of this chapter.
(b) An oceangoing ship of less than 400 gross tons may retain all
oily mixtures on board in the ship's bilges. An oil residue (sludge)
tank is not required.
(c) This section does not apply to a barge that is not equipped with
an installed bilge pumping system for discharge into the sea.
(d) This section does not apply to a fixed or floating drilling rig
or other platform.
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 88-002, 54 FR
18407, Apr. 28, 1989; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-1998-
3799, 63 FR 35531, June 30, 1998; USCG-2000-7641, 66 FR 55571, Nov. 2,
2001]
Sec. 155.360 Oily Mixture (Bilge slops) discharges on oceangoing
ships of 400 gross tons and above but less than 10,000 gross tons,
excluding ships that carry
ballast water in their fuel oil tanks.
(a) No person may operate an oceangoing ship of 400 gross tons and
above but less than 10,000 gross tons, excluding a ship that carries
ballast water in its fuel oil tanks, unless it is fitted with approved
15 parts per million (ppm) oily-water separating equipment for the
processing of oily mixtures from bilges or fuel oil tank ballast.
(b) No person may operate a ship under this section unless it is
fitted with a tank or tanks of adequate capacity to receive the oil
residue that cannot be dealt with otherwise.
(1) In new ships such tanks shall be designed and constructed to
facilitate cleaning and the discharge of the oily residues to reception
facilities. Existing ships shall comply with this requirement as far as
reasonable and practicable.
(2) Tanks used for oily mixtures on ships certificated under 46 CFR
Chapter I shall meet the requirements of 46 CFR 56.50-50(h) for
isolation between oil and bilge systems.
(c) No person may operate a ship unless it is equipped with a
pipeline to discharge oily mixtures to a reception facility.
(d) This section does not apply to a barge that is not equipped with
an installed bilge pumping system for discharge into the sea.
(e) This section does not apply to a fixed or floating drilling rig
or other platform, except as specified in Sec. 155.400(a)(2).
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-1998-3799,
63 FR 35531, June 30, 1998; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001]
Sec. 155.370 Oily mixture (bilge slops)/fuel oil tank ballast water
discharges on oceangoing ships of 10,000 gross tons and above and
oceangoing ships of 400
gross tons and above that carry ballast water in their fuel
oil tanks.
(a) No person may operate an oceangoing ship of 10,000 gross tons
and above, or any oceangoing ship of 400
[[Page 398]]
gross tons and above, that carries ballast water in its fuel oil tanks,
unless it has--
(1) Approved 15 ppm oily-water separating equipment for the
processing of oily mixtures from bilges or fuel oil tank ballast;
(2) A bilge alarm; and
(3) A means for automatically stopping any discharge of oily mixture
when the oil content in the effluent exceeds 15 ppm.
(b) No person may operate a ship under this section unless it is
fitted with a tank or tanks of adequate capacity to receive the oil
residue that cannot be dealt with otherwise.
(1) In new ships such tanks shall be designed and constructed to
facilitate cleaning and the discharge of the oil residue to reception
facilities. Existing ships shall comply with this requirement as far as
reasonable and practicable.
(2) Tanks used for oily mixtures on ships certificated under 46 CFR
Chapter I shall meet the requirements of 46 CFR 56.50-50(h) for
isolation between oil and bilge systems.
(c) No person may operate a ship under this section unless it is
equipped with a pipeline to discharge oily mixtures to a reception
facility.
(d) This section does not apply to a barge that is not equipped with
an installed bilge pumping system for discharge into the sea.
(e) This section does not apply to a fixed or floating drilling rig
or other platform, except as specified in Sec. 155.400(a)(2).
(Approved by the Office of Management and Budget under control number
2115-0025)
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-1998-3799,
63 FR 35531, June 30, 1998; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001]
Sec. 155.380 Oily-water separating equipment, bilge alarm, and bilge
monitor approval standards.
(a) On U.S. inspected ships, oily-water separating equipment, bilge
alarms, and bilge monitors must be approved under 46 CFR 162.050.
(b) On U.S. uninspected ships and foreign ships, oily-water
separating equipment, bilge alarms, and bilge monitors must be approved
under 46 CFR 162.050 or be listed in the current International Maritime
Organization (IMO) Marine Environment Protection Committee (MEPC)
Circular summary of MARPOL 73/78 approved equipment.
(c) A ship that is required to have a bilge alarm may have a bilge
monitor installed in its place.
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641,
66 FR 55572, Nov. 2, 2001]
Sec. 155.400 Platform machinery space drainage on oceangoing fixed
and floating drilling rigs and other platforms.
(a) No person may operate an oceangoing fixed or floating drilling
rig or other platform unless it either--
(1) Complies with the oily-water separating equipment requirements
of a valid National Pollutant Discharge Elimination System (NPDES)
permit issued in accordance with section 402 of the Clean Water Act and
40 CFR Chapter I;
(2) Complies with the oily-water separating equipment requirements
for oceangoing ships of 400 gross tons and above as set forth in either
Sec. 155.360 or Sec. 155.370; or
(3) Is not equipped with an installed bilge pumping system for
discharge of oily mixtures from platform machinery spaces into the sea
and has the capacity to retain on board all of these oily mixtures and
is equipped to discharge these mixtures for transport to a reception
facility.
(b) When an oceangoing fixed or floating drilling rig or other
platform is in a special area, is not proceeding en route, or is within
12 nautical miles of the nearest land; it must either--
(1) Have the capacity to retain on board all machinery space oily
mixtures from platform machinery space drainage and be equipped to
discharge these mixtures for transport to a reception facility; or
(2) Discharge in accordance with Sec. 151.10 (b)(3), (b)(4), and
(b)(5) of this chapter, provided the drilling rig or platform is not
within a special area.
(c) Paragraph (b) of this section does not apply to a fixed or
floating drilling
[[Page 399]]
rig or other platform that is operating under an NPDES permit.
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 88-002, 54 FR
18407, Apr. 28, 1989; CGD 94-056, 60 FR 43378, Aug. 21, 1995; USCG-1998-
3799, 63 FR 35531, June 30, 1998]
Sec. 155.410 Pumping, piping and discharge requirements for
non-oceangoing ships of 100 gross tons and above.
(a) No person may operate a non-oceangoing ship of 100 gross tons
and above that is fitted with main or auxiliary machinery spaces in the
navigable waters of the United States unless:
(1) The ship has at least one pump installed to discharge oily
mixtures through a fixed piping system to a reception facility;
(2) The piping system required by this section has at least one
outlet that is accessible from the weather deck;
(3) Each outlet required by this section has a shore connection that
is compatible with reception facilities in the ship's area of operation;
and
(4) The ship has a stop valve for each outlet required by this
section.
(b) Paragraph (a) of this section does not apply to a ship that has
approved oily-water separating equipment for the processing of oily
mixtures from bilges or fuel oil tank ballast.
(c) This section does not apply to a fixed or floating drilling rig
or other platform.
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641,
66 FR 55572, Nov. 2, 2001]
Sec. 155.420 Pumping, piping and discharge requirements for oceangoing
ships of 100 gross tons and above but less than 400 gross tons.
(a) No person may operate an oceangoing ship of 100 gross tons and
above but less than 400 gross tons that is fitted with main or auxiliary
machinery spaces unless:
(1) The ship has at least one pump installed to discharge oily
mixtures through a fixed piping system to a reception facility;
(2) The piping system required by this section has at least one
outlet accessible from the weather deck;
(3) For a ship on an international voyage, the outlet required by
this section has a shore connection that meets the specifications in
Sec. 155.430, or the ship has at least one adapter that meets the
specifications in Sec. 155.430 and fits the required outlets;
(4) For a ship not on an international voyage, the outlet required
by this section has a shore connection that is compatible with reception
facilities in the ship's area of operation;
(5) The ship has a means on the weather deck near the discharge
outlet to stop each pump that is used to discharge oily mixtures; and
(6) The ship has a stop valve installed for each outlet required by
this section.
(b) Paragraph (a) of this section does not apply to a ship that has
approved oily-water separating equipment for the processing of oily
mixtures from bilges or fuel oil tank ballast.
(c) This section does not apply to a fixed or floating drilling rig
or other platform.
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641,
66 FR 55572, Nov. 2, 2001]
Sec. 155.430 Standard discharge connections for oceangoing ships of
400 gross tons and above.
(a) All oceangoing ships of 400 gross tons and above must have a
standard shore connection for reception facilities to discharge oily
mixtures from machinery space bilges or ballast water containing an oily
mixture from fuel oil tanks. The discharge connection must have the
following dimensions:
(1) Outside diameter=215 millimeters (mm).
(2) Inner diameter=according to pipe outside diameter.
(3) Bolt circle diameter=183 mm.
(4) Slots in flange=6 holes 22 mm in diameter equidistantly placed
on a bolt circle of the above diameter, slotted to the flange periphery.
The slot width to be 22 mm.
(5) Flange thickness=20 mm.
(6) Bolts and nuts, quantity and number=6 each of 20 mm in diameter
and of suitable length.
(b) A portable adapter that meets the specifications of paragraph
(a) of this section and that fits the discharge
[[Page 400]]
shore connection, for the discharge of oily wastes from machinery space
bilges may be substituted for the standard discharge connection
requirement of paragraph (a) of this section.
(c) The flange must be designed to accept pipes up to a maximum
internal diameter of 125 mm and shall be of steel or other equivalent
material having a flat face. This flange, together with a gasket of
oilproof material, must be suitable for a service pressure of 6
kilograms/square centimeters (kg/cm\2\).
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by USCG-2000-7641,
66 FR 55572, Nov. 2, 2001]
Sec. 155.440 Segregation of fuel oil and ballast water on new oceangoing
ships of 4,000 gross tons and above, other than oil tankers, and on new
oceangoing
oil tankers of 150 gross tons and above.
(a) Except as provided for in paragraph (b) of this section, in new
oceangoing ships of 4,000 gross tons and above other than oil tankers,
and in new oceangoing oil tankers of 150 gross tons and above, ballast
water must not be carried in any fuel oil tank.
(b) Where abnormal conditions or the need to carry large quantities
of fuel oil render it necessary to carry ballast water that is not a
clean ballast in any fuel oil tank, that ballast water must be
discharged to reception facilities or into the sea in compliance with
Part 151 of this chapter using the equipment specified in Sec. 155.370,
and an entry shall be made in the Oil Record Book to this effect.
(Approved by the Office of Management and Budget under control number
2115-0025)
Sec. 155.450 Placard.
(a) A ship, except a ship of less than 26 feet in length, must have
a placard of at least 5 by 8 inches, made of durable material fixed in a
conspicuous place in each machinery space, or at the bilge and ballast
pump control station, stating the following:
Discharge of Oil Prohibited
The Federal Water Pollution Control Act prohibits the discharge of
oil or oily waste into or upon the navigable waters of the United
States, or the waters of the contiguous zone, or which may affect
natural resources belonging to, appertaining to, or under the exclusive
management authority of the United States, if such discharge causes a
film or discoloration of the surface of the water or causes a sludge or
emulsion beneath the surface of the water. Violators are subject to
substantial civil penalties and/or criminal sanctions including fines
and imprisonment.
(b) Existing stocks of placards may be used for the life of the
placard.
(c) The placard required by paragraph (a) or (b) of this section
must be printed in the language or languages understood by the crew.
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 93-054, 58 FR
62262, Nov. 26, 1993]
Sec. 155.470 Prohibited spaces.
(a) In a ship of 400 gross tons and above, for which the building
contract is placed after January 1, 1982 or, in the absence of a
building contract, the keel of which is laid or which is at a similar
stage of construction after July 1, 1982, oil or hazardous material must
not be carried in a forepeak tank or a tank forward of the collision
bulkhead.
(b) A self-propelled ship of 300 gross tons and above, to which
paragraph (a) of this section does not apply, may not carry bulk oil or
hazardous material in any space forward of a collision bulkhead except:
(1) For a ship constructed after June 30, 1974, fuel oil for use on
the ship may be carried in tanks forward of a collision bulkhead, if
such tanks are at least 24 inches inboard of the hull structure; or
(2) For a ship constructed before July 1, 1974, fuel oil for use on
the ship may be carried in tanks forward of a collision bulkhead, if
such tanks were designated, installed, or constructed for fuel oil
carriage before July 1, 1974.
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 86-034, 55 FR
36254, Sept. 4, 1990]
Sec. 155.480 Overfill devices.
(a) For the purposes of this section, ``oil'' has the same
definition as provided in Sec. 151.05 of this chapter.
(b) Each tank vessel with a cargo capacity of 1,000 or more cubic
meters (approximately 6,290 barrels), loading oil or oil residue as
cargo, must have
[[Page 401]]
one overfill device that is permanently installed on each cargo tank and
meets the requirements of this section.
(1) On a tankship, each cargo tank must be equipped with an overfill
device (including an independent audible alarm or visible indicator for
that tank) that meets the requirements for tank overfill alarms under 46
CFR 39.20-7(b)(2) and (3), and (d)(1) through (d)(4).
(2) On a tank barge, each cargo tank must be equipped with an
overfill device that--
(i) Meets the requirements of 46 CFR 39.20-7(b)(2) and (b)(3) and
(d)(1) through (d)(4), and 46 CFR 39.20-9(a)(1) through (a)(3);
(ii) Is an installed automatic shutdown system that meets the
requirements of 46 CFR 39.20-9(b); or
(iii) Is an installed high level indicating device that meets the
requirements of 46 CFR 39.20-3(b)(1), (b)(2), and (b)(3).
(c) Each cargo tank of a U.S. flag tank vessel must have installed
on it an overfill device meeting the requirements of this section at the
next scheduled cargo tank internal examination performed on the vessel
under 46 CFR 31.10-21.
(d) Each cargo tank of a foreign flag tank vessel must have
installed on it an overfill device--
(1) At the first survey that includes dry docking, as required by
the vessel's flag administration, to meet the International Convention
for the Safety of Life at Sea (SOLAS), 1974, as amended, or the
International Load Line Convention of 1966; or
(2) At the first cargo tank internal examination performed on the
tank vessel under 46 CFR 31.10-21.
(e) This section does not apply to a tank vessel that does not meet
the double hull requirements of Sec. 157.10d of this chapter and, under
46 U.S.C. 3703a(c), may not operate in the navigable waters or Exclusive
Economic Zone of the United States after January 1, 2000.
(f) This section does not apply to tank vessels that carry asphalt,
animal fat, or vegetable oil as their only cargo.
[CGD 90-071a, 59 FR 53290, Oct. 21, 1994, as amended by CGD 90-071a, 62
FR 48773, Sept. 17, 1997]
Sec. 155.490 Tank level or pressure monitoring devices.
(a) Applicability. The tank level or pressure monitoring (TLPM)
device requirements of this section apply to--
(1) U.S.-flag single-hull tank vessels carrying oil or oil residue
as cargo; and
(2) Foreign-flag single-hull tank vessels carrying oil or oil
residue as cargo when operating in the navigable waters of the United
States and the exclusive economic zone (EEZ) when bound to or from a
port or place in the United States.
(b) By October 17, 2007, each vessel required under paragraph (a) of
this section to meet the requirements of this section, must have a tank
level or pressure monitoring device that is permanently installed on
each cargo tank and meets the requirements of this section.
(c) Each device must meet the following requirements:
(1) Be intrinsically safe as per 46 CFR 111.105;
(2) Indicate any loss of power or failure of the tank level or
pressure monitoring device and monitor the condition of the alarm
circuitry and sensor by an electronic self-testing feature;
(3) Alarm at or before the cargo in the cargo tank either increases
or decreases by a level of one percent from the cargo quantity in the
tank after securing cargo transfer operations;
(4) Operate in conditions up to sea state 5, moisture, and varying
weather conditions; and
(5) Have audible and visual alarm indicators which are distinctly
identifiable as cargo tank level or pressure monitoring alarms that can
be seen and heard on the navigation bridge of the tank ship or towing
vessel and on the cargo deck area.
(d) Double-hull tank vessels are exempt from the requirements of
this section.
(e) This section does not apply to tank vessels that carry asphalt
as their only cargo.
[USCG-2001-9046, 67 FR 58524, Sept. 17, 2002]
[[Page 402]]
Subpart C_Transfer Personnel, Procedures, Equipment, and Records
Sec. 155.700 Designation of person in charge.
Each operator or agent of a vessel with a capacity of 250 or more
barrels of fuel oil, cargo oil, hazardous material, or liquefied gas as
regulated in Table 4 of 46 CFR part 154, or each person who arranges for
and hires a person to be in charge of a transfer of fuel oil, of a
transfer of liquid cargo in bulk, or of cargo-tank cleaning, shall
designate, either by name or by position in the crew, the person in
charge (PIC) of each transfer to or from the vessel and of each tank-
cleaning.
[CGD 79-116, 62 FR 25126, May 8, 1997]
Sec. 155.710 Qualifications of person in charge.
(a) On each tankship required to be documented under the laws of the
United States, the operator or agent of the vessel, or the person who
arranges and hires a person to be in charge either of a transfer of
liquid cargo in bulk or of cargo-tank cleaning, shall verify to his or
her satisfaction that each person designated as a PIC--
(1) Has sufficient training and experience with the relevant
characteristics of the vessel on which he or she is engaged--including
the cargo for transfer, the cargo-containment system, the cargo system
(including transfer procedures, and shipboard-emergency equipment and
procedures), the control and monitoring systems, the procedures for
reporting pollution incidents, and, if installed, the Crude-Oil Washing
(COW), inert-gas, and vapor-control systems--to safely conduct a
transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank
cleaning;
(2) Except as provided in paragraph (g) of this section, holds a
license issued under 46 CFR part 10 authorizing service aboard a vessel
certified for voyages beyond any Boundary Line described in 46 CFR part
7, except on tankships or self-propelled tank vessels not certified for
voyages beyond the Boundary Line; and
(3) Except as provided in paragraph (g) of this section and 46 CFR
13.113 (a) or (c), holds a Tankerman-PIC endorsement issued under 46 CFR
part 13 that authorizes the holder to supervise the transfer of fuel
oil, the transfer of liquid cargo in bulk, or cargo-tank cleaning, as
appropriate to the product.
(b) On each tank barge required to be inspected under 46 U.S.C.
3703, the operator or agent of the vessel, or the person who arranges
and hires a person to be in charge of a transfer of fuel oil, of a
transfer of liquid cargo in bulk, or of cargo-tank cleaning, shall
verify to his or her satisfaction that each PIC--
(1) Has sufficient training and experience with the relevant
characteristics of the vessel on which he or she is engaged--including
the cargo for transfer, the cargo-containment system, the cargo system
(including transfer procedures, and shipboard-emergency equipment and
procedures), the control and monitoring systems, the procedures for
reporting pollution incidents, and, if installed, the COW, inert-gas,
and vapor-control systems--to safely conduct either a transfer of liquid
cargo in bulk or cargo-tank cleaning; and
(2) Except as provided in paragraph (g) of this section and 46 CFR
part 13.113 (a) or (c), holds a Tankerman-PIC or Tankerman-PIC (Barge)
endorsement issued under 46 CFR part 13 that authorizes the holder to
supervise the transfer of fuel oil, the transfer of liquid cargo in
bulk, or cargo-tank cleaning, as appropriate to the product and vessel.
(c) On each foreign tankship, the operator or agent of the vessel
shall verify to his or her satisfaction that each PIC either of a
transfer of liquid cargo in bulk or of cargo-tank cleaning--
(1) Has sufficient training and experience with the relevant
characteristics of the vessel on which he or she is engaged, including
the cargo for transfer, the cargo-containment system, the cargo system
(including transfer procedures, and shipboard-emergency equipment and
procedures), the control and monitoring systems, the procedures for
reporting pollution incidents, and, if installed, the systems for crude-
oil washing, inert gas, and vapor control, to safely conduct either a
transfer of liquid cargo in bulk or cargo-tank cleaning;
[[Page 403]]
(2) Except as provided in paragraph (g) of this section, holds a
license or other document issued by the flag state or its authorized
agent authorizing service as master, mate, pilot, engineer, or operator
on that vessel;
(3) Except as provided in paragraph (g) of this section, holds a
Dangerous-Cargo Endorsement or Certificate issued by a flag state party
to the International Convention on Standards of Training, Certification
and Watchkeeping for Seafarers, 1978 (STCW), or other form of evidence
acceptable to the Coast Guard, attesting the PIC's meeting the
requirements of Chapter V of STCW as a PIC of the transfer of fuel oil,
of the transfer of liquid cargo in bulk, or of cargo-tank cleaning;
(4) Is capable of reading, speaking, and understanding in English,
or a language mutually-agreed-upon with the shoreside PIC of the
transfer, all instructions needed to commence, conduct, and complete a
transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank
cleaning, except that the use of an interpreter meets this requirement
if the interpreter--
(i) Fluently speaks the language spoken by each PIC;
(ii) Is immediately available to the PIC on the tankship at all
times during the transfer or cargo-tank cleaning; and
(iii) Is knowledgeable about, and conversant with terminology of,
ships, transfers, and cargo-tank cleaning; and
(5) Is capable of effectively communicating with all crewmembers
involved in the transfer or cargo-tank cleaning, with or without an
interpreter.
(d) On each foreign tank barge, the operator or agent of the vessel
shall verify to his or her satisfaction that each PIC either of the
transfer of liquid cargo in bulk or of cargo-tank cleaning--
(1) Has sufficient training and experience with the relevant
characteristics of the vessel on which he or she is engaged--including
the cargo for transfer, the cargo-containment system, the cargo system
(including transfer procedures, and shipboard-emergency equipment and
procedures), the control and monitoring systems, the procedures for
reporting pollution incidents, and, if installed, the COW, inert-gas,
and vapor-control systems--to safely conduct a transfer of fuel oil, a
transfer of liquid cargo in bulk, or cargo-tank cleaning;
(2) Except as provided in paragraph (g) of this section, holds a
Dangerous-Cargo Endorsement or Certificate issued by a flag state party
to STCW, or other form of evidence acceptable to the Coast Guard,
attesting the PIC's meeting the requirements of Chapter V of STCW as a
PIC of the transfer of fuel oil, of the transfer of liquid cargo in
bulk, or of cargo-tank cleaning;
(3) Is capable of reading, speaking, and understanding in English,
or a language mutually-agreed-upon with the shoreside PIC of the
transfer, all instructions needed to commence, conduct, and complete a
transfer of fuel oil, a transfer of liquid cargo in bulk, or cargo-tank
cleaning, except that the use of an interpreter meets this requirement
if the interpreter--
(i) Fluently speaks the language spoken by each PIC;
(ii) Is immediately available to the PIC on the tankship at all
times during the transfer or cargo-tank cleaning; and
(iii) Is knowledgeable about, and conversant with terminology of,
ships, transfers, and cargo-tank cleaning; and
(4) Is capable of effectively communicating with all crewmembers
involved in the transfer or cargo-tank cleaning, with or without an
interpreter.
(e) The operator or agent of each vessel to which this section
applies shall verify to his or her satisfaction that the PIC of any
transfer of fuel oil requiring a Declaration of Inspection--
(1) On each inspected vessel required by 46 CFR chapter I to have a
licensed person aboard, holds a valid license issued under 46 CFR part
10 authorizing service as a master, mate, pilot, engineer, or operator
aboard that vessel, or holds a valid merchant mariner's document
endorsed as Tankerman-PIC;
(2) On each uninspected vessel, either complies with the
requirements of paragraph (e)(1) of this section or carries a letter
satisfying the requirements of Sec. 155.715 and designating him
[[Page 404]]
or her as a PIC, unless equivalent evidence is immediately available
aboard the vessel or at his or her place of employment.
(3) On each tank barge, for its own engine-driven pumps, either
complies with paragraph (e)(1) or (2) of this section or has been
instructed by the operator or agent of the vessel both in his or her
duties and in the Federal statutes and regulations on water pollution
that apply to the vessel; or
(4) On each foreign vessel, holds a license or certificate issued by
a flag state party to STCW, or other form of evidence acceptable to the
Coast Guard, attesting the qualifications of the PIC to act as master,
mate, pilot, operator, engineer, or tankerman aboard that vessel.
(f) Except as provided in paragraph (g) of this section, the
operator or agent of each self-propelled tank vessel carrying oil or
hazardous material in bulk shall verify to his or her satisfaction that
the PIC of the transfer of oil or hazardous material in bulk to or from
a vessel, or of cargo-tank cleaning, holds a Tankerman-PIC endorsement
on his or her MMD and either a license or a Certificate issued by a flag
state party to STCW authorizing service as a master, mate, pilot,
engineer, or operator aboard that vessel.
(g) The PIC of a cargo-tank cleaning on a vessel at a tank-cleaning
facility or shipyard need not hold any of the licenses, documents,
certificates, or endorsements required in paragraphs (a) through (f) of
this section, if he or she is a National Fire Protection Association
Certificated Marine Chemist.
[CGD 79-116, 60 FR 17141, Apr. 4, 1995, as amended by CGD 79-116, 61 FR
25126, May 8, 1997; CGD 79-116, 63 FR 35826, July 1, 1998]
Sec. 155.715 Contents of letter of designation as a person-in-charge
of the transfer of fuel oil.
The letter of instruction required in Sec. 155.710(e)(2) must
designate the holder as a person-in-charge of the transfer of fuel oil
and state that the holder has received sufficient formal instruction
from the operator or agent of the vessel to ensure his or her ability to
safely and adequately carry out the duties and responsibilities of the
PIC described in 33 CFR 156.120 and 156.150.
[CGD 79-116, 63 FR 35826, July 1, 1998]
Sec. 155.720 Transfer procedures.
The operator of a vessel with a capacity of 250 or more barrels of
oil, hazardous material, or liquefied gas as regulated in Table 4 of 46
CFR part 154 shall provide transfer procedures that meet the
requirements of this part and part 156 of this chapter for
transferring--
(a) To or from the vessel; and
(b) From tank to tank within the vessel.
[CGD 86-034, 55 FR 36254, Sept. 4, 1990, as amended by CGD 79-116, 62 FR
25127, May 8, 1997]
Sec. 155.730 Compliance with transfer procedures.
The vessel operator of each vessel required by Sec. 155.720 to have
transfer procedures shall maintain them current and shall require vessel
personnel to use the transfer procedures for each transfer operation.
[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36254, Sept. 4, 1990]
Sec. 155.740 Availability of transfer procedures.
The transfer procedures required by Sec. 155.720 must be:
(a) Available for inspection by the COTP or OCMI whenever the vessel
is in operation;
(b) Legibly printed in a language or languages understood by
personnel engaged in transfer operations; and
(c) Permanently posted or available at a place where the procedures
can be easily seen and used by members of the crew when engaged in
transfer operations.
[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36254, Sept. 4, 1990]
Sec. 155.750 Contents of transfer procedures.
(a) The transfer procedures required by Sec. 155.720 must contain,
either in the order listed or by use of a cross-reference index page:
[[Page 405]]
(1) A list of each product transferred to or from the vessel,
including the following information:
(i) Generic or chemical name;
(ii) Cargo information as described in Sec. 154.310(a)(5)(ii) of
this chapter; and
(iii) Applicability of transfer procedures;
(2) A description of each transfer system on the vessel including:
(i) A line diagram of the vessel's transfer piping, including the
location of each valve, pump, control device, vent, and overflow;
(ii) The location of the shutoff valve or other isolation device
that separates any bilge or ballast system from the transfer system; and
(iii) A description of and procedures for emptying the discharge
containment system required by Sec. Sec. 155.310 and 155.320;
(3) The number of persons required to be on duty during transfer
operations;
(4) The duties by title of each officer, person in charge,
tankerman, deckhand, and any other person required for each transfer
operation;
(5) Procedures and duty assignments for tending the vessel's
moorings during the transfer of oil or hazardous material;
(6) Procedures for operating the emergency shutdown and
communications means required by Sec. Sec. 155.780 and 155.785,
respectively;
(7) Procedures for topping off tanks;
(8) Procedures for ensuring that all valves used during the transfer
operations are closed upon completion of transfer;
(9) Procedures for reporting discharges of oil or hazardous material
into the water; and
(10) Procedures for closing and opening the vessel openings in Sec.
155.815.
(11) Statements explaining that each hazardous materials transfer
hose is marked with either the name of each product which may be
transferred through the hose or with letters, numbers or other symbols
representing all such products and the location in the transfer
procedures where a chart or list of the symbols used and a list of the
compatible products which may be transferred through the hose can be
found for consultation before each transfer.
(b) Exemptions or alternatives granted must be placed in the front
of the transfer procedures.
(c) The vessel operator shall incorporate each amendment to the
transfer procedures under Sec. 155.760 in the procedures with the
related existing requirement, or at the end of the procedures if not
related to an existing requirement.
(d) If a vessel is fitted with a vapor control system, the transfer
procedures must contain a description of the vapor collection system on
the vessel which includes:
(1) A line diagram of the vessel's vapor collection system piping,
including the location of each valve, control device, pressure-vacuum
relief valve, pressure indicator, flame arresters, and detonation
arresters, if fitted;
(2) The location of spill valves and rupture disks, if fitted;
(3) The maximum allowable transfer rate determined in accordance
with 46 CFR 39.30-1(d) (1) through (d)(3);
(4) The initial transfer rate for each tank that complies with 46
CFR 39.30-1(h);
(5) A table or graph of transfer rates and corresponding vapor
collection system pressure drops calculated in accordance with 46 CFR
39.30-1(b);
(6) The relief settings of each spill valve, rupture disk, and
pressure-vacuum relief valve; and
(7) A description of and procedures for operating the vapor
collection system, including the:
(i) Pre-transfer equipment inspection requirements;
(ii) Vapor line connection;
(iii) Closed gauging system;
(iv) High level alarm system, if fitted; and
(v) Independent automatic shutdown system, if fitted.
(e) If a cargo tank of a tank vessel is fitted with an overfill
device, the transfer procedures must contain a description of the
overfill device, including:
(1) The tank overfill device system and specific procedures for the
person in charge to--
(i) Monitor the level of cargo in the tank; and
(ii) Shut down transfer operations in time to ensure that the cargo
level in
[[Page 406]]
each tank does not exceed the maximum amount permitted by Sec.
155.775(b).
(2) Pre-transfer overfill device equipment inspection and test
requirements.
(Approved by the Office of Management and Budget under control number
2115-0120)
[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 88-102, 55 FR
25445, June 21, 1990; CGD 86-034, 55 FR 36254, Sept. 4, 1990; CGD 92-
027, 58 FR 39662, July 26, 1993; CGD 90-071a, 59 FR 53291, Oct. 21,
1994]
Sec. 155.760 Amendment of transfer procedures.
(a) The COTP or OCMI may require the vessel operator of any vessel
that is required to have transfer procedures under Sec. 155.720 to
amend those procedures if the COTP or OCMI finds that the transfer
procedures do not meet the requirements of this part.
(b) The COTP or OCMI shall notify the vessel operator in writing of
any inadequacies in the oil transfer procedures. The vessel operator may
submit written information, views, and arguments on and proposals for
amending the procedures within 14 days from the date of the COTP or OCMI
notice. After considering all relevant material presented, the COTP or
OCMI shall notify the vessel operator of any amendment required or
adopted, or the COTP or OCMI may rescind the notice. The amendment
becomes effective 30 days after the vessel operator receives the notice,
unless the vessel operator petitions the Commandant to review the COTP
or OCMI notice, in which case its effective date is delayed pending a
decision by the Commandant. Petitions to the Commandant must be
submitted in writing via the COTP or OCMI who issued the requirement to
amend.
(c) If the COTP or OCMI finds that there is a condition requiring
immediate action to prevent the discharge or risk of discharge that
makes the procedure in paragraph (b) of this section impractical or
contrary to the public interest, he or she may issue an amendment
effective on the date the vessel operator receives notice of it. In such
a case, the COTP or OCMI includes a brief statement of the reasons for
the findings in the notice, and the vessel operator may petition the
Commandant, in any manner, to review the amendment. The petition does
not postpone the amendment.
[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36255, Sept. 4, 1990]
Sec. 155.770 Draining into bilges.
No person may intentionally drain oil or hazardous material from any
source into the bilge of a vessel.
[CGD 86-034, 55 FR 36255, Sept. 4, 1990]