Statutory Regulation

Coast Guard, DHS

§ 153.205

(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]

§ 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 § 1.01–80 and § 1.01–
85, respectively, of this chapter.
[CGD 91–225, 59 FR 66485, Dec. 27, 1994]

§ 153.107

[Reserved]

§ 153.109

CERCLA delegations.

Subpart B—Notice of the Discharge of Oil or a Hazardous
Substance
§ 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.
§ 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]

The delegations under the Comprehensive Environmental Response,
Compensation, and Liability Act of
1980 (CERCLA) are published in § 1.01–70
of this chapter.
[CGD 83–009, 49 FR 575, Jan. 5, 1984]

§ 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

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Environmental Protection Agency

§ 263.30

years after termination or expiration
of the agreement.
[45 FR 33151, May 19, 1980, as amended at 45
FR 86973, Dec. 31, 1980; 51 FR 10176, Mar. 24,
1986; 51 FR 28685, Aug. 8, 1986; 61 FR 16315,
Apr. 12, 1996]

§ 263.21 Compliance with the manifest.
(a) The transporter must deliver the
entire quantity of hazardous waste
which he has accepted from a generator
or a transporter to:
(1) The designated facility listed on
the manifest; or
(2) The alternate designated facility,
if the hazardous waste cannot be delivered to the designated facility because
an emergency prevents delivery; or
(3) The next designated transporter;
or
(4) The place outside the United
States designated by the generator.
(b) If the hazardous waste cannot be
delivered in accordance with paragraph
(a) of this section, the transporter
must contact the generator for further
directions and must revise the manifest according to the generator’s instructions.
§ 263.22 Recordkeeping.
(a) A transporter of hazardous waste
must keep a copy of the manifest
signed by the generator, himself, and
the next designated transporter or the
owner or operator of the designated facility for a period of three years from
the date the hazardous waste was accepted by the initial transporter.
(b) For shipments delivered to the
designated facility by water (bulk shipment), each water (bulk shipment)
transporter must retain a copy of the
shipping paper containing all the information required in § 263.20(e)(2) for a
period of three years from the date the
hazardous waste was accepted by the
initial transporter.
(c) For shipments of hazardous waste
by rail within the United States:
(1) The initial rail transporter must
keep a copy of the manifest and shipping paper with all the information required in § 263.20(f)(2) for a period of
three years from the date the hazardous waste was accepted by the initial transporter; and
(2) The final rail transporter must
keep a copy of the signed manifest (or

the shipping paper if signed by the designated facility in lieu of the manifest)
for a period of three years from the
date the hazardous waste was accepted
by the initial transporter.
NOTE: Intermediate rail transporters are
not required to keep records pursuant to
these regulations.

(d) A transporter who transports hazardous waste out of the United States
must keep a copy of the manifest indicating that the hazardous waste left
the United States for a period of three
years from the date the hazardous
waste was accepted by the initial
transporter.
(e) The periods of retention referred
to in this Section are extended automatically during the course of any unresolved enforcement action regarding
the regulated activity or as requested
by the Administrator.
[45 FR 33151, May 19, 1980, as amended at 45
FR 86973, Dec. 31, 1980]

Subpart C—Hazardous Waste
Discharges
§ 263.30

Immediate action.

(a) In the event of a discharge of hazardous waste during transportation,
the transporter must take appropriate
immediate action to protect human
health and the environment (e.g., notify local authorities, dike the discharge area).
(b) If a discharge of hazardous waste
occurs during transportation and an official (State or local government or a
Federal Agency) acting within the
scope of his official responsibilities determines that immediate removal of
the waste is necessary to protect
human health or the environment, that
official may authorize the removal of
the waste by transporters who do not
have EPA identification numbers and
without the preparation of a manifest.
(c) An air, rail, highway, or water
transporter who has discharged hazardous waste must:
(1) Give notice, if required by 49 CFR
171.15, to the National Response Center
(800–424–8802 or 202–426–2675); and
(2) Report in writing as required by
49 CFR 171.16 to the Director, Office of

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§ 263.31

40 CFR Ch. I (7–1–03 Edition)

Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington,
DC 20590.
(d) A water (bulk shipment) transporter who has discharged hazardous
waste must give the same notice as required by 33 CFR 153.203 for oil and hazardous substances.
§ 263.31

Subpart D—Contingency Plan and
Emergency Procedures
264.50 Applicability.
264.51 Purpose and implementation of contingency plan.
264.52 Content of contingency plan.
264.53 Copies of contingency plan.
264.54 Amendment of contingency plan.
264.55 Emergency coordinator.
264.56 Emergency procedures.

Discharge clean up.

A transporter must clean up any hazardous waste discharge that occurs
during transportation or take such action as may be required or approved by
Federal, State, or local officials so that
the hazardous waste discharge no
longer presents a hazard to human
health or the environment.

PART 264—STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE
TREATMENT,
STORAGE, AND DISPOSAL FACILITIES
Subpart A—General
Sec.
264.1 Purpose, scope and applicability.
264.2 [Reserved]
264.3 Relationship to interim status standards.
264.4 Imminent hazard action.

Subpart B—General Facility Standards
264.10 Applicability.
264.11 Identification number.
264.12 Required notices.
264.13 General waste analysis.
264.14 Security.
264.15 General inspection requirements.
264.16 Personnel training.
264.17 General requirements for ignitable,
reactive, or incompatible wastes.
264.18 Location standards.
264.19 Construction quality assurance program.

Subpart C—Preparedness and Prevention
264.30 Applicability.
264.31 Design and operation of facility.
264.32 Required equipment.
264.33 Testing and maintenance of equipment.
264.34 Access to communications or alarm
system.
264.35 Required aisle space.
264.36 [Reserved]
264.37 Arrangements with local authorities.

Subpart E—Manifest System,
Recordkeeping, and Reporting
264.70 Applicability.
264.71 Use of manifest system.
264.72 Manifest discrepancies.
264.73 Operating record.
264.74 Availability, retention, and disposition of records.
264.75 Biennial report.
264.76 Unmanifested waste report.
264.77 Additional reports.

Subpart F—Releases From Solid Waste
Management Units
264.90 Applicability.
264.91 Required programs.
264.92 Ground-water protection standard.
264.93 Hazardous constituents.
264.94 Concentration limits.
264.95 Point of compliance.
264.96 Compliance period.
264.97 General ground-water monitoring requirements.
264.98 Detection monitoring program.
264.99 Compliance monitoring program.
264.100 Corrective action program.
264.101 Corrective action for solid waste
management units.

Subpart G—Closure and Post-Closure
264.110 Applicability.
264.111 Closure performance standard.
264.112 Closure plan; amendment of plan.
264.113 Closure; time allowed for closure.
264.114 Disposal or decontamination of
equipment, structures and soils.
264.115 Certification of closure.
264.116 Survey plat.
264.117 Post-closure care and use of property.
264.118 Post-closure plan; amendment of
plan.
264.119 Post-closure notices.
264.120 Certification of completion of postclosure care.

Subpart H—Financial Requirements
264.140 Applicability.
264.141 Definitions of terms as used in this
subpart.
264.142 Cost estimate for closure.
264.143 Financial assurance for closure.

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§ 264.53

40 CFR Ch. I (7–1–03 Edition)

must be supplied to the Regional Administrator at the time of certification, rather than at the time of permit application.
(e) The plan must include a list of all
emergency equipment at the facility
(such as fire extinguishing systems,
spill control equipment, communications and alarm systems (internal and
external), and decontamination equipment), where this equipment is required. This list must be kept up to
date. In addition, the plan must include the location and a physical description of each item on the list, and
a brief outline of its capabilities.
(f) The plan must include an evacuation plan for facility personnel where
there is a possibility that evacuation
could be necessary. This plan must describe signal(s) to be used to begin
evacuation, evacuation routes, and alternate evacuation routes (in cases
where the primary routes could be
blocked by releases of hazardous waste
or fires).
[45 FR 33221, May 19, 1980, as amended at 46
FR 27480, May 20, 1981; 50 FR 4514, Jan. 31,
1985]

§ 264.53 Copies of contingency plan.
A copy of the contingency plan and
all revisions to the plan must be:
(a) Maintained at the facility; and
(b) Submitted to all local police departments, fire departments, hospitals,
and State and local emergency response teams that may be called upon
to provide emergency services.
[Comment: The contingency plan must be
submitted to the Regional Administrator
with Part B of the permit application under
part 270, of this chapter and, after modification or approval, will become a condition of
any permit issued.]
[45 FR 33221, May 19, 1980, as amended at 48
FR 30115, June 30, 1983; 50 FR 4514, Jan. 31,
1985]

§ 264.54 Amendment of contingency
plan.
The contingency plan must be reviewed, and immediately amended, if
necessary, whenever:
(a) The facility permit is revised;
(b) The plan fails in an emergency;
(c) The facility changes—in its design, construction, operation, maintenance, or other circumstances—in a

way that materially increases the potential for fires, explosions, or releases
of hazardous waste or hazardous waste
constituents, or changes the response
necessary in an emergency;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment
changes.
[45 FR 33221, May 19, 1980, as amended at 50
FR 4514, Jan. 31, 1985; 53 FR 37935, Sept. 28,
1988]

§ 264.55

Emergency coordinator.

At all times, there must be at least
one employee either on the facility
premises or on call (i.e., available to
respond to an emergency by reaching
the facility within a short period of
time) with the responsibility for coordinating all emergency response
measures. This emergency coordinator
must be thoroughly familiar with all
aspects of the facility’s contingency
plan, all operations and activities at
the facility, the location and characteristics of waste handled, the location
of all records within the facility, and
the facility layout. In addition, this
person must have the authority to
commit the resources needed to carry
out the contingency plan.
[Comment: The emergency coordinator’s responsibilities are more fully spelled out in
§ 264.56. Applicable responsibilities for the
emergency coordinator vary, depending on
factors such as type and variety of waste(s)
handled by the facility, and type and complexity of the facility.]

§ 264.56

Emergency procedures.

(a) Whenever there is an imminent or
actual emergency situation, the emergency coordinator (or his designee
when the emergency coordinator is on
call) must immediately:
(1) Activate internal facility alarms
or communication systems, where applicable, to notify all facility personnel; and
(2) Notify appropriate State or local
agencies with designated response roles
if their help is needed.
(b) Whenever there is a release, fire,
or explosion, the emergency coordinator must immediately identify the
character, exact source, amount, and
areal extent of any released materials.

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Environmental Protection Agency

§ 264.56

He may do this by observation or review of facility records or manifests,
and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator must assess possible hazards
to human health or the environment
that may result from the release, fire,
or explosion. This assessment must
consider both direct and indirect effects of the release, fire, or explosion
(e.g., the effects of any toxic, irritating, or asphyxiating gases that are
generated, or the effects of any hazardous surface water run-off from
water or chemical agents used to control fire and heat-induced explosions).
(d) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could
threaten human health, or the environment, outside the facility, he must report his findings as follows:
(1) If his assessment indicates that
evacuation of local areas may be advisable, he must immediately notify appropriate local authorities. He must be
available to help appropriate officials
decide whether local areas should be
evacuated; and
(2) He must immediately notify either the government official designated as the on-scene coordinator for
that geographical area, (in the applicable regional contingency plan under
part 1510 of this title) or the National
Response Center (using their 24-hour
toll free number 800/424–8802). The report must include:
(i) Name and telephone number of reporter;
(ii) Name and address of facility;
(iii) Time and type of incident (e.g.,
release, fire);
(iv) Name and quantity of material(s)
involved, to the extent known;
(v) The extent of injuries, if any; and
(vi) The possible hazards to human
health, or the environment, outside the
facility.
(e) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure
that fires, explosions, and releases do
not occur, recur, or spread to other
hazardous waste at the facility. These
measures must include, where applicable, stopping processes and operations,
collecting and containing release

waste, and removing or isolating containers.
(f) If the facility stops operations in
response to a fire, explosion, or release,
the emergency coordinator must monitor for leaks, pressure buildup, gas
generation, or ruptures in valves,
pipes, or other equipment, wherever
this is appropriate.
(g) Immediately after an emergency,
the emergency coordinator must provide for treating, storing, or disposing
of recovered waste, contaminated soil
or surface water, or any other material
that results from a release, fire, or explosion at the facility.
[Comment: Unless the owner or operator can
demonstrate, in accordance with § 261.3(c) or
(d) of this chapter, that the recovered material is not a hazardous waste, the owner or
operator becomes a generator of hazardous
waste and must manage it in accordance
with all applicable requirements of parts 262,
263, and 264 of this chapter.]

(h) The emergency coordinator must
ensure that, in the affected area(s) of
the facility:
(1) No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup
procedures are completed; and
(2) All emergency equipment listed in
the contingency plan is cleaned and fit
for its intended use before operations
are resumed.
(i) The owner or operator must notify
the Regional Administrator, and appropriate State and local authorities, that
the facility is in compliance with paragraph (h) of this section before operations are resumed in the affected
area(s) of the facility.
(j) The owner or operator must note
in the operating record the time, date,
and details of any incident that requires implementing the contingency
plan. Within 15 days after the incident,
he must submit a written report on the
incident to the Regional Administrator. The report must include:
(1) Name, address, and telephone
number of the owner or operator;
(2) Name, address, and telephone
number of the facility;
(3) Date, time, and type of incident
(e.g., fire, explosion);
(4) Name and quantity of material(s)
involved;
(5) The extent of injuries, if any;

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§ 264.70

40 CFR Ch. I (7–1–03 Edition)

(6) An assessment of actual or potential hazards to human health or the environment, where this is applicable;
and
(7) Estimated quantity and disposition of recovered material that resulted from the incident.
[45 FR 33221, May 19, 1980, as amended at 50
FR 4514, Jan. 31, 1985]

Subpart E—Manifest System,
Recordkeeping, and Reporting
§ 264.70 Applicability.
The regulations in this subpart apply
to owners and operators of both on-site
and off-site facilities, except as § 264.1
provides otherwise. Sections 264.71,
264.72, and 264.76 do not apply to owners
and operators of on-site facilities that
do not receive any hazardous waste
from off-site sources, and to owners
and operators of off-site facilities with
respect to waste military munitions
exempted from manifest requirements
under 40 CFR 266.203(a). Section
264.73(b) only applies to permittees who
treat, store, or dispose of hazardous
wastes on-site where such wastes were
generated.
[62 FR 6652, Feb. 12, 1997]

§ 264.71 Use of manifest system.
(a) If a facility receives hazardous
waste accompanied by a manifest, the
owner or operator, or his agent, must:
(1) Sign and date each copy of the
manifest to certify that the hazardous
waste covered by the manifest was received;
(2) Note any significant discrepancies
in the manifest (as defined in
§ 264.72(a)) on each copy of the manifest;
[Comment: The Agency does not intend that
the owner or operator of a facility whose
procedures under § 264.13(c) include waste
analysis must perform that analysis before
signing the manifest and giving it to the
transporter. Section 264.72(b), however, requires reporting an unreconciled discrepancy
discovered during later analysis.]

(3) Immediately give the transporter
at least one copy of the signed manifest;
(4) Within 30 days after the delivery,
send a copy of the manifest to the generator; and

(5) Retain at the facility a copy of
each manifest for at least three years
from the date of delivery.
(b) If a facility receives, from a rail
or water (bulk shipment) transporter,
hazardous waste which is accompanied
by a shipping paper containing all the
information required on the manifest
(excluding the EPA identification numbers, generator’s certification, and signatures), the owner or operator, or his
agent, must:
(1) Sign and date each copy of the
manifest or shipping paper (if the
manifest has not been received) to certify that the hazardous waste covered
by the manifest or shipping paper was
received;
(2) Note any significant discrepancies
(as defined in § 264.72(a)) in the manifest or shipping paper (if the manifest
has not been received) on each copy of
the manifest or shipping paper.
[Comment: The Agency does not intend that
the owner or operator of a facility whose
procedures under § 264.13(c) include waste
analysis must perform that analysis before
signing the shipping paper and giving it to
the transporter. Section 264.72(b), however,
requires reporting an unreconciled discrepancy discovered during later analysis.]

(3) Immediately give the rail or water
(bulk shipment) transporter at least
one copy of the manifest or shipping
paper (if the manifest has not been received);
(4) Within 30 days after the delivery,
send a copy of the signed and dated
manifest to the generator; however, if
the manifest has not been received
within 30 days after delivery, the owner
or operator, or his agent, must send a
copy of the shipping paper signed and
dated to the generator; and
[Comment: Section 262.23(c) of this chapter requires the generator to send three copies of
the manifest to the facility when hazardous
waste is sent by rail or water (bulk shipment).]

(5) Retain at the facility a copy of
the manifest and shipping paper (if
signed in lieu of the manifest at the
time of delivery) for at least three
years from the date of delivery.
(c) Whenever a shipment of hazardous
waste is initiated from a facility, the
owner or operator of that facility must
comply with the requirements of part
262 of this chapter.

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Research and Special Programs Admin., DOT
(i) If either shipping names or identification numbers are identical, a shipping paper may display the old shipping description even if the package is
marked and labeled under the new
shipping description;
(ii) If either shipping names or identification numbers are identical, a
shipping paper may display the new
shipping description even if the package is marked and labeled under the
old shipping description; and
(iii) Either old or new placards may
be used regardless of whether old or
new shipping descriptions and package
markings are used.
(3) Until October 1, 2003, the KEEP
AWAY FROM FOOD labeling and
placarding requirements in effect on
September 30, 1999, may continue to be
used in place of the new requirements
for Division 6.1, Packing Group III materials.
(4) Until January 1, 2010, a hazardous
material may be transported in an IM,
IMO, or DOT Specification 51 portable
tank in accordance with the T Codes
(Special Provisions) assigned to a hazardous material in Column (7) of the
§ 172.101 Table in effect on September
30, 2001.
(5) Proper shipping names that included the word ‘‘inhibited’’ prior to
the June 21, 2001 final rule in effect on
October 1, 2001 are authorized on packagings and shipping papers in place of
the word ‘‘stabilized’’ until October 1,
2007. Proper shipping names that included the word ‘‘compressed’’ prior to
the final rule published on July 31, 2003
and effective on October 1, 2003 may
continue to be shown on packagings
and shipping papers until October 1,
2007.
(6) The shipping paper requirement
for total quantity indication in
§ 172.202(a)(6), that was in effect on September 30, 2003, is authorized until October 1, 2007.
(7) Except for transport by vessel, the
non-mandatory shipping paper provision to include the subsidiary hazard
class or division number in accordance
with § 172.202(a)(2), in effect on September 30, 2003, is authorized until October 1, 2005.
(8) Until October 1, 2005, proper shipping names that did not identify specific isomers by numbers or letters pre-

§ 171.15

ceding the chemical name prior to the
final rule published on July 31, 2003 and
effective on October 1, 2003, may continue to be marked on packagings and
are authorized on shipping papers in
place of the proper shipping names revised in the July 31, 2003 final rule.
(e) A Division 6.2 label conforming to
specifications in § 172.432 of this subchapter in effect on September 30, 2002,
may be used until October 1, 2005.
(f) 49 CFR 175.33 sets out requirements regarding the availability of information for hazardous materials
transported by aircraft. Until October
1, 2004, a person may elect to comply
with either the applicable requirements of 49 CFR 175.33 in effect on September 30, 2003, and contained in 49
CFR Part 175 revised as of October 1,
2002, or the requirements of that section contained in 49 CFR Part 175 revised as of October 1, 2003. On October
1,2004, all applicable regulatory requirements in 49 CFR 175.33 in effect on
October 1, 2003 must be met.
[Amdt. 171–131, 59 FR 67406, Dec. 29, 1994]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 171.14, see the List of CFR
Sections Affected which appears in the Finding Aids section of the printed volume and
on GPO Access.

§ 171.15 Immediate notice of certain
hazardous materials incidents.
(a) At the earliest practicable moment, each carrier who transports hazardous materials (including hazardous
wastes) shall give notice in accordance
with paragraph (b) of this section after
each incident that occurs during the
course of transportation (including
loading, unloading and temporary storage) in which—
(1) As a direct result of hazardous
materials—
(i) A person is killed; or
(ii) A person receives injuries requiring his or her hospitalization; or
(iii) Estimated carrier or other property damage exceeds $50,000; or
(iv) An evacuation of the general
public occurs lasting one or more
hours; or
(v) One or more major transportation
arteries or facilities are closed or shut
down for one hour or more; or
(vi) The operational flight pattern or
routine of an aircraft is altered; or

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§ 171.16

49 CFR Ch. I (10–1–03 Edition)

(2) Fire, breakage, spillage, or suspected radioactive contamination occurs involving shipment of radioactive
material; or
(3) Fire, breakage, spillage, or suspected contamination occurs involving
shipment of infectious substances; or
(4) There has been a release of a marine pollutant in a quantity exceeding
450 L (119 gallons) for liquids or 400 kg
(882 pounds) for solids; or
(5) A situation exists of such a nature
(e.g., a continuing danger to life exists
at the scene of the incident) that, in
the judgment of the carrier, it should
be reported to the National Response
Center even though it does not meet
the criteria of paragraph (a) (1), (2) or
(3) of this section.
(b) Except for transportation by aircraft, each notice required by paragraph (a) of this section shall be given
to the National Response Center by
telephone (toll-free) on 800–424–8802.
Notice involving shipments transported by aircraft must be given to the
nearest FAA Civil Aviation Security
Office by telephone at the earliest
practical moment after each incident
in place of the notice to the National
Response Center. Notice involving infectious substances may be given to
the Director, Centers for Disease Control, U.S. Public Health Service, Atlanta, Ga. (800) 232–0124, in place of the
notice to the National Response Center
or (toll call) on 202–267–2675; however, a
written report is still required as stated in paragraph (c) of this section.
Each notice must include the following
information:
(1) Name of reporter.
(2) Name and address of carrier represented by reporter.
(3) Phone number where reporter can
be contacted.
(4) Date, time, and location of incident.
(5) The extent of injuries, if any.
(6) Classification, name, and quantity
of hazardous materials involved, if
such information is available.
(7) Type of incident and nature of
hazardous material involvement and
whether a continuing danger to life exists at the scene.
(c) Each carrier making a report
under this section shall also make the
report required by § 171.16.

NOTE: Under 40 CFR 302.6 EPA requires persons in charge of facilities (including transport vehicles, vessels and aircraft) to report
any release of a hazardous substance in a
quantity equal to or greater than its reportable quantity, as soon as that person has
knowledge of the release, to the U.S. Coast
Guard National Response Center at (toll
free) 800–424–8802 or (toll) 202–267–2675.
[Amdt. 171–7, 35 FR 16837, Oct. 3, 1970]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 171.15, see the List of CFR
Sections Affected which appears in the Finding Aids section of the printed volume and
on GPO Access.

§ 171.16 Detailed hazardous materials
incident reports.
(a) Each carrier who transports hazardous materials shall report in writing, in duplicate, on DOT Form F 5800.1
(Rev. 6/89) to the Department within 30
days of the date of discovery, each incident that occurs during the course of
transportation (including loading, unloading, and temporary storage) in
which any of the circumstances set
forth in § 171.15(a) occurs or there has
been an unintentional release of hazardous materials from a package (including a tank) or any quantity of hazardous waste has been discharged during transportation. If a report pertains
to a hazardous waste discharge:
(1) A copy of the hazardous waste
manifest for the waste must be attached to the report; and
(2) An estimate of the quantity of the
waste removed from the scene, the
name and address of the facility to
which it was taken, and the manner of
disposition of any removed waste must
be entered in Section IX of the report
form (Form F 5800.1) (Rev. 6/89).
(b) Each carrier making a report
under this section shall send the report
to the Information Systems Manager,
DHM–63, Research and Special Programs Administration, Department of
Transportation, Washington, DC 20590–
0001; and, for incidents involving transportation by aircraft, a copy of the report shall also be sent to the FAA Civil
Aviation Security Office nearest the
location of the incident. A copy of the
report shall be retained for a period of
two years, at the carrier’s principal
place of business, or at other places as
authorized and approved in writing by

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Coast Guard, DHS

§ 153.205

(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]

§ 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 § 1.01–80 and § 1.01–
85, respectively, of this chapter.
[CGD 91–225, 59 FR 66485, Dec. 27, 1994]

§ 153.107

[Reserved]

§ 153.109

CERCLA delegations.

Subpart B—Notice of the Discharge of Oil or a Hazardous
Substance
§ 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.
§ 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]

The delegations under the Comprehensive Environmental Response,
Compensation, and Liability Act of
1980 (CERCLA) are published in § 1.01–70
of this chapter.
[CGD 83–009, 49 FR 575, Jan. 5, 1984]

§ 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

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