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pdf§ 154.1010
33 CFR Ch. I (7–1–10 Edition)
in the facility operations manual required by § 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 § 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
§ 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
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SOURCE: CGD 91–036, 61 FR 7917, Feb. 29,
1996, unless otherwise noted.
§ 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
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.
§ 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 § 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
§ 154.1016.
(d) An MTR facility owner or operator who believes the facility is improperly classified may request review
and reclassification in accordance with
§ 154.1075.
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Coast Guard, DHS
§ 154.1020
§ 154.1016 Facility classification by
COTP.
(a) The COTP may upgrade the classification of:
(1) An MTR facility not specified in
§ 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
§ 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
§ 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
§ 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 2.36; and proximity to
fish and wildlife and sensitive environments.
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[CGD 91–036, 61 FR 7917, Feb. 29, 1996, as
amended by USCG–2008–0179, 73 FR 35014,
June 19, 2008]
§ 154.1017 Response plan submission
requirements.
(a) The owner or operator of an MTR
facility identified only in § 154.1015(b),
or designated by the COTP as a substantial harm facility, shall prepare
and submit to the cognizant COTP a
response plan that meets the requirements of §§ 154.1030, 154.1040, 154.1045, or
§ 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 § 154.1016.
(b) The owner or operator of an MTR
facility identified in § 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 §§ 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
§ 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
§ 154.1041 subpart F.
§ 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 §§ 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
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§ 154.1020
33 CFR Ch. I (7–1–10 Edition)
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.
Dispersant-application platform means
the vessel or aircraft outfitted with the
dispersant-application equipment acting as the delivery system for the dispersant onto the oil spill.
Dispersant Mission Planner 2 or
(DMP2)
means
an
Internetdownloadable application that estimates EDAC for different dispersant
response systems. The NSFCC will use
DPMP2 for evaluating OSRO dispersant
classification levels.
Effective Daily Application Capacity or
EDAC means the estimated amount of
dispersant that can be applied to a discharge by an application system given
the availability of supporting dispersant stockpiles, when operated in accordance with approved standards and
within acceptable environmental conditions.
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 § 154.1015(c) and § 154.1216.
Facility that could reasonably be expected to cause substantial harm means
any MTR facility classified as a ‘‘substantial
harm’’
facility
under
§ 154.1015(b) and § 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
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.
Gulf Coast means, for the purposes of
dispersant-application
requirements,
the region encompassing the following
Captain of the Port Zones:
(1) Corpus Christi, TX.
(2) Houston/Galveston, TX.
(3) Port Arthur, TX.
(4) Morgan City, LA.
(5) New Orleans, LA.
(6) Mobile, AL.
(7) St. Petersburg, FL.
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.
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§ 154.1020
(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 §§ 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 §§ 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
§§ 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
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.
Operational effectiveness monitoring
means monitoring concerned primarily
with determining whether the dispersant was properly applied and how the
dispersant is affecting the oil.
Other non-petroleum oil means a nonpetroleum oil of any kind that is not
generally an animal fat or vegetable
oil.
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§ 154.1025
33 CFR Ch. I (7–1–10 Edition)
Persistent oil means a petroleumbased 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.
Pre-authorization for dispersant use
means an agreement, adopted by a regional response team in coordination
with area committees, which authorizes the use of dispersants at the discretion of the Federal On-Scene Coordinator without the further approval of
other Federal or State authorities.
These pre-authorization areas are generally limited to particular geographic
areas within each region.
Primary dispersant staging site means a
site designated within a Captain of the
Port zone that has been identified as a
forward staging area for dispersant application platforms and the loading of
dispersant stockpiles. Primary staging
sites are typically the planned locations where platforms load or reload
dispersants before departing for application at the site of the discharge and
may not be the locations where dispersant stockpiles are stored or application platforms are home-based.
Qualified individual and alternate
qualified individual means a person located in the United States who meets
the requirements of § 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
°C (60 °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 § 154.1029.
[CGD 91–036, 61 FR 7917, Feb. 29, 1996, as
amended by USCG–1999–5149, 65 FR 40825,
June 30, 2000; USCG–2001–8661, 74 FR 45023,
Aug. 31, 2009]
§ 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
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§ 154.1026
plan in accordance with § 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 § 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 § 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 § 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 § 154.110.
(c) Notwithstanding the requirements of paragraph (b) of this section,
a facility categorized under § 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 § 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 § 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 facil-
ity 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.
§ 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 24hour 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
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
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§ 154.1028
33 CFR Ch. I (7–1–10 Edition)
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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).
§ 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.
§ 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-transportationrelated 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
manifold and the non-transportationrelated 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.
§ 154.1030 General response plan contents.
(a) The plan must be written in
English.
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(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 §§ 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
§§ 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 § 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.
§ 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:
(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—
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§ 154.1035
33 CFR Ch. I (7–1–10 Edition)
(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
Phones () –
Company
Position
Address
Address
Name
Phones () –
Company
Organization Type:
Private citizen
Private enterprise
Public utility
Local government
State government
Federal government
City
State
Zip
City
State
Zip
* It is not necessary to wait for all information before calling NRC. National Response Center—1–800–424–8802 or direct telephone: 202–267–2675.
Were materials Discharged (Y/N)?
Calling for Responsible Party (Y/N)
Incident Description
Source and/or Cause of Incident
Date Cause
-
Time:
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
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Number of Injuries Number of Fatalities
Were there Evacuations (Y/N/U)? Number Evacuated
Was there any Damage (Y/N/U)? Damage in Dollars
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Additional Information
Any information about the Incident not recorded elsewhere in the report
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(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-transportationrelated 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 § 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 of the plan must
identify the oil spill removal organizations and the spill management team
that will be capable of providing the
following resources:
(A) Equipment and supplies to meet
the requirements of §§ 154.1045, 154.1047,
or subparts H or I of this part, as appropriate.
(B) Trained personnel necessary to
continue operation of the equipment
and staff the oil spill removal organization and spill management team for
the first 7 days of the response.
(v) This section must include job descriptions for each spill management
team member within the organizational structure described in paragraph
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§ 154.1035
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(b)(3)(iii) of this section. These job descriptions must include the responsibilities and duties of each spill management team member in a response action.
(vi) For facilities that handle, store,
or transport group II through group IV
petroleum oils, and that operate in waters where dispersant use is pre-authorized, this subsection of the plan must
also separately list the resource providers and specific resources, including
appropriately trained dispersant-application personnel, necessary to provide
the dispersant capabilities required in
this subpart. All resource providers and
resources must be available by contract or other approved means as described in § 154.1028(a). The dispersant
resources to be listed within this section must include the following:
(A) Identification of each primary
dispersant staging site to be used by
each dispersant-application platform
to meet the requirements of this subpart.
(B) Identification of the platform
type, resource-providing organization,
location, and dispersant payload for
each dispersant-application platform
identified. Location data must identify
the distance between the platform’s
home base and the identified primary
dispersant staging site for this section.
(C) For each unit of dispersant stockpile required to support the effective
daily application capacity (EDAC) of
each dispersant-application platform
necessary to sustain each intended response tier of operation, identify the
dispersant product resource provider,
location, and volume. Location data
must include the stockpile’s distance
to the primary staging sites where the
stockpile would be loaded onto the corresponding platforms.
(D) If an oil spill removal organization has been evaluated by the Coast
Guard, and its capability is equal to or
exceeds the response capability needed
by the owner or operator, the section
may identify only the oil spill removal
organization, and not the information
required in paragraphs (b)(3)(vi)(A)
through (b)(3)(vi)(C) of this section.
(vii) This subsection of the plan must
also separately list the resource providers and specific resources necessary
to provide aerial oil tracking capabili-
ties required in this subpart. The oil
tracking resources to be listed within
this section must include the following:
(A) The identification of a resource
provider; and
(B) Type and location of aerial surveillance aircraft that are ensured
available, through contract or other
approved means, to meet the oil tracking requirements of § 154.1045(j).
(viii) 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)
of this section must be included for
each COTP zone in which the facility
will handle, store, or transport oil in
bulk.
(ix) 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.
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(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 § 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
C, Attachment C-III may be substituted for the distances listed in nontidal 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 § 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 § 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 § 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.
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§ 154.1035
33 CFR Ch. I (7–1–10 Edition)
(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
§ 154.1020. The appendix must also list
the location of the equipment.
(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
§ 154.1028(a), to respond to a maximum
most probable or worst case discharge,
as defined in § 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;
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(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; USCG–2008–0179, 73 FR 35014,
June 19, 2008; USCG–2001–8661, 74 FR 45023,
Aug. 31, 2009]
§ 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 § 154.1015, could reasonably be expected to cause substantial
harm to the environment, shall submit
a response plan that meets the requirements of § 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
§ 154.1035(b)(3)(iii).
(c) The owner or operator of a facility must ensure the availability of response resources required to be identified in § 154.1035(b)(3)(iv) by contract or
other approved means described in
§ 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 § 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.
§ 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
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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.
§ 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
oils must identify response resources
that are available, by contract or other
approved means as described in
§ 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
§ 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 § 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:
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§ 154.1045
(i) The equipment identified in paragraphs (c)(1) and (c)(2) of this section or
in § 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 a 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 § 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 § 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
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
(hrs.)
Higher volume port area (except
for a TAPAA facility located in
Prince William Sound, see
§ 154.1135) ............................
Great Lakes ...............................
All other river and canal, inland,
nearshore, and offshore
areas ......................................
Tier 2
(hrs.)
6
12
30
36
54
60
12
36
60
(g) For the purposes of arranging for
response resources for a facility that
handles, stores, or transports Group I
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(hrs.)
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§ 154.1045
33 CFR Ch. I (7–1–10 Edition)
through Group IV petroleum oils, by
contract or other approved means as
described in § 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 owner or operator of a facility
that handles, stores, or transports
groups II through IV petroleum oils
within the inland, nearshore, or offshore areas where pre-authorization for
dispersant use exists must identify in
their response plan, and ensure the
availability of, through contract or
other approved means, response resources capable of conducting dispersant operations within those areas.
(1) Dispersant response resources
must be capable of commencing dispersant-application operations at the
site of a discharge within 7 hours of the
decision by the Federal On-Scene Coordinator to use dispersants.
(2) Dispersant response resources
must include all of the following:
(i) Sufficient volumes of dispersants
for application as required by paragraph (i)(3) of this section. Any
dispersants identified in a response
plan must be of a type listed on the National Oil and Hazardous Substances
Pollution Contingency Plan Product
Schedule (which is contained in 40 CFR
part 300, and available online from the
U.S. Government Printing Office).
(ii) Dispersant-application platforms
capable of delivering and applying the
dispersant on a discharge in the
amounts as required by paragraph (i)(3)
of this section. At least 50 percent of
each EDAC tier requirement must be
achieved through the use of fixed-wing,
aircraft-based application platforms.
For dispersant-application platforms
not detailed within the DMP2, adequacy of performance criteria must be
documented by presentation of independent evaluation materials (e.g.,
field tests and reports of actual use)
that record the performance of the
platform.
(iii) Dispersant-application systems
that are consistent in design with, and
are capable of applying dispersants
within, the performance criteria in
ASTM F1413–07 (incorporated by reference, see § 154.106). For dispersant-application systems not fully covered by
ASTM F1413–07, such as fire monitortype applicators, adequacy of performance criteria must be documented by
presentation of independent evaluation
materials (e.g., laboratory tests, field
tests, and reports of actual use) that
record the design of performance specifications.
(iv) Dispersant-application personnel
trained in and capable of applying
dispersants according to the recommended procedures contained within ASTM F1737–07 (incorporated by reference, see § 154.106).
(3) Dispersant stockpiles, application
platforms, and other supporting resources must be available in a quantity
and type sufficient to treat a facility’s
worst-case discharge (as determined by
using the criteria in appendix C, section 8) or in quantities sufficient to
meet the requirements in Table
154.1045(i) of this section, whichever is
the lesser amount.
TABLE 154.1045(I)—TIERS FOR EFFECTIVE DAILY APPLICATION CAPABILITY
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Response time for
completed
application
(hours)
Tier 1 .................................................................
Tier 2 .................................................................
Tier 3 .................................................................
Dispersant
application
dispersant: oil treated in
gallons
(Gulf Coast)
Dispersant application
dispersant: oil treated in
gallons
all other U.S.
8,250:165,000
23,375:467,000
23,375:467,000
4,125:82,500
23,375:467,000
23,375:467,000
12
36
60
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Coast Guard, DHS
§ 154.1045
TABLE 154.1045(I)—TIERS FOR EFFECTIVE DAILY APPLICATION CAPABILITY—Continued
Response time for
completed
application
(hours)
Total ....................................................
Dispersant application
dispersant: oil treated in
gallons
all other U.S.
55,000:1,100,000
50,875:1,017,500
60
NOTE TO TABLE 154.1045(I): Gulf Coast Tier
1 is higher due to greater potential spill size
and frequency in that area, and it is assumed
that dispersant stockpiles would be centralized in the Gulf area. Alternative application
ratios may be considered based upon submission to Coast Guard Headquarters, Office of
Incident Management and Preparedness (CG–
533, 202–372–2234, 2100 2nd Street, SW., room
2100, Washington, DC 20593) of peer-reviewed
scientific evidence of improved capability.
erowe on DSK5CLS3C1PROD with CFR
Dispersant
application
dispersant: oil treated in
gallons
(Gulf Coast)
(j) The owner or operator of a facility
handling Groups I through IV petroleum oil as a primary cargo must identify in the response plan, and ensure
the availability through contract or
other approved means, of response resources necessary to provide aerial oil
tracking to support oil spill assessment
and cleanup activities. Facilities operating exclusively on inland rivers are
not required to comply with this paragraph. Aerial oil tracking resources
must:
(1) Be capable of arriving at the site
of a discharge in advance of the arrival
of response resources identified in the
plan for tiers 1, 2, and 3 Worst-Case
Discharge response times, and for a distance up to 50 nautical miles from
shore (excluding inland rivers);
(2) Be capable of supporting oil spill
removal operations continuously for
three 10-hour operational periods during the initial 72 hours of the discharge;
(3) Include appropriately located aircraft and personnel capable of meeting
the response time requirement for oil
tracking from paragraph (j)(1) of this
section; and
(4) Include sufficient numbers of aircraft, pilots, and trained observation
personnel to support oil spill removal
operations, commencing upon initial
assessment, and capable of coordinating on-scene cleanup operations, including dispersant and mechanical recovery operations. Observation personnel must be trained in:
(i) The protocols of oil-spill reporting
and assessment, including estimation
of slick size, thickness, and quantity;
and
(ii) The use of assessment techniques
in ASTM F1779–08 (incorporated by reference, see § 154.106), and familiar with
the use of other guides, such as NOAA’s
‘‘Open Water Oil Identification Job Aid
for Aerial Observation,’’ and NOAA’s
‘‘Characteristic
Coastal
Habitats’’
guide (available on the Internet at
http://response.restoration.noaa.gov/use
the following links in the order presented:
Home|Emergency
Response|Responding to Oil Spills).
(k) 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 § 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
§ 154.1020 and identified in the response
plan or another appropriate individual
located at the facility.
(l) The response plan for a facility
that handles, stores, or transports
Groups I through IV petroleum oils
must identify equipment and required
personnel available, by contract or
other approved means as described in
§ 154.1028(a) (1)–(4), to protect fish and
wildlife and sensitive environments.
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§ 154.1045
33 CFR Ch. I (7–1–10 Edition)
(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 § 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 § 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) 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
§ 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 § 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.
(n) Appendix C of this part describes
the procedures to determine the maximum extent practicable quantity of
response resources that must be identi-
fied and available, by contract or other
approved means as described in
§ 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.
(o) The Coast Guard will continue to
evaluate the environmental benefits,
cost efficiency and practicality of increasing mechanical recovery capability requirements. This continuing
evaluation is part of the Coast Guard’s
long term commitment to achieving
and maintaining an optimum mix of oil
spill response capability across the full
spectrum of response modes. As best
available technology demonstrates a
need to evaluate or change mechanical
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Coast Guard, DHS
§ 154.1047
recovery capacities, a review of cap increases and other requirements contained within this subpart may be performed. Any changes in the requirements of this section will occur
through a public notice and comment
process. During this review, the Coast
Guard will determine if established
caps remain practicable and if increased caps will provide any benefit to
oil spill recovery operations. The review will include, at least, an evaluation of:
(1) Best available technologies for
containment and recovery;
(2) Oil spill tracking technology;
(3) High rate response techniques;
(4) Other applicable response technologies; and
(5) Increases in the availability of
private response resources.
erowe on DSK5CLS3C1PROD with CFR
[CGD 91–036, 61 FR 7917, Feb. 29, 1996, as
amended by USCG–2001–8661, 74 FR 45024,
Aug. 31, 2009]
§ 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 § 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 § 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 welltrained firefighting resources are available within a reasonable response time
to a worst case scenario. The individual may be the qualified individual
as defined in § 154.1020 and identified in
the response plan or another appropriate individual located at the facility.
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§ 154.1050
§ 154.1050
33 CFR Ch. I (7–1–10 Edition)
Training.
(a) A response plan submitted to
meet the requirements of §§ 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.
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§ 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 § 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
must specify the planned exercise program. The plan must detail the exercise program, including the types of exercises, frequency, scope, objectives
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Coast Guard, DHS
§ 154.1060
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
§ 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/198001lweb.pdf.
erowe on DSK5CLS3C1PROD with CFR
[CGD 91–036, 61 FR 7917, Feb. 29, 1996, as
amended by USCGD–2003–15404, 68 FR 37741,
June 25, 2003]
§ 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 § 154.1028(a)(5).
§ 154.1060 Submission
procedures.
and
(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
§ 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
§ 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
§ 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
§ 154.1015(c)(2) the COTP will notify the
facility owner or operator in writing
that the plan is approved.
(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
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§ 154.1065
33 CFR Ch. I (7–1–10 Edition)
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owner or operator along with an explanation of the response plan’s deficiencies. The owner or operator must
correct any deficiencies in accordance
with § 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.
§ 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
§ 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 § 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 § 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 § 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.
(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
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Coast Guard, DHS
§ 154.1110
or as a result of inadequacies noted in
the response plan during an actual pollution incident at the facility.
(e) If required by §§ 154.1035(b)(3) or
154.1045, a new or existing facility
owner or operator must submit the required dispersant and aerial oil tracking resource revisions to a previously
submitted or approved plan, made pursuant to §§ 154.1035(b)(3) or 154.1045, to
the COTP and all other holders of the
response plan for information or approval no later than February 22, 2011.
[CGD 91–036, 61 FR 7917, Feb. 29, 1996, as
amended by USCG–2001–8661, 74 FR 45025,
Aug. 31, 2009]
erowe on DSK5CLS3C1PROD with CFR
§ 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 § 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 § 154.1025 prohibiting the facility from storing, handling, or transporting oil.
§ 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 re-
classification of a facility include, but
are not limited to, those listed in
§ 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 (CG–535) 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; USCG–2010–0351, 75 FR 36284, June 25,
2010]
Subpart G—Additional Response
Plan Requirements for a TransAlaska Pipeline Authorization
Act (TAPAA) Facility Operating in Prince William Sound,
Alaska
SOURCE: CGD 91–036, 61 FR 7930, Feb. 29,
1996, unless otherwise noted.
§ 154.1110 Purpose and applicability.
(a) This subpart establishes oil spill
response planning requirements for a
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| File Type | application/pdf |
| File Modified | 2014-08-28 |
| File Created | 2014-08-28 |