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pdf§ 154.1210
33 CFR Ch. I (7–1–10 Edition)
Subpart H—Response Plans for
Animal Fats and Vegetable
Oils Facilities
SOURCE: CGD 91–036, 61 FR 7931, Feb. 29,
1996, unless otherwise noted.
§ 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]
§ 154.1216
Facility classification.
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(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 2.36.
(6) The fish, wildlife, and sensitive
environments near the facility.
[USCG–1999–5149, 65 FR 40825, June 30, 2000, as
amended by USCG–2008–0179, 73 FR 35014,
June 19, 2008]
§ 154.1220 Response plan submission
requirements.
(a) The owner or operator of an MTR
facility identified in § 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
§§ 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
§ 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 §§ 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
§ 154.1041 subpart F.
[USCG–1999–5149, 65 FR 40825, June 30, 2000]
§ 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
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§ 154.1225
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
name the personnel and list the equipment, including those that are specified in § 154.1240, that are available by
contract or by a method described in
§ 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 § 154.1240:
Tier 1
(hrs.)
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Higher volume port
area.
Great Lakes ...............
All other river and
canal, inland, nearshore, and offshore
areas.
Tier 2
Tier 3
6
N/A
N/A.
12
12
N/A
N/A
N/A.
N/A.
(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 § 154.1228(a), or through a cooperative agreement with public firefighting 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 equip-
ment within a reasonable distance to
the incident to fight fires.
(ii) Can be the qualified individual
defined in § 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
§ 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 § 154.1041, and ensure and identify, through contract or
a method described in § 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;
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§ 154.1228
33 CFR Ch. I (7–1–10 Edition)
(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.
(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
§ 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.
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[CGD 91–036, 61 FR 7931, Feb. 29, 1996, as
amended by USCG–1999–5149, 65 FR 40826,
June 30, 2000]
§ 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 organi-
zation 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.
§ 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 § 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
§ 154.1035, except as modified by this
section.
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§ 154.1325
(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 § 154.1035(b)(3)(iii).
(c) The owner or operator must ensure and identify, by contract or a
method described in § 154.1228, that the
response resources required under
§ 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.
§ 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.
§ 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 §§ 154.1045 and 154.1047, which
apply to petroleum oils.
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§ 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 § 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:
Higher volume port area .......................
Great Lakes ..........................................
All other river and canal, inland, nearshore, and offshore areas .................
Tier
1
(hrs.)
Tier
2
Tier
3
6
12
N/A
N/A
N/A
N/A
12
N/A
N/A
(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
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| File Type | application/pdf |
| File Modified | 2014-08-28 |
| File Created | 2014-08-28 |