StatA 33 CFR 133

Stat A_33 CFR 133.pdf

State Access to the Oil Spill Liability Trust Fund for Removal Costs Under the Oil Pollution Act of 1990

StatA 33 CFR 133

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Title 33: Navigation and Navigable Waters

PART 133—OIL SPILL LIABILITY TRUST FUND; STATE ACCESS
Contents
§133.1 Purpose.
§133.3 Definitions.
§133.5 Requests: General.
§133.7 Requests: Amount.
§133.9 Requests: Where made.
§133.11 Request: Contents.
§133.13 Removal actions eligible for funding.
§133.15 Determination of eligibility for funding.
§133.17 Conduct of removal actions.
§133.19 Recordkeeping.
§133.21 Records retention.
§133.23 Investigation to determine the source and responsible party.
§133.25 Notification of Governor's designee.

AUTHORITY: 33 U.S.C. 2712(a)(1)(B), 2712(d) and 2712(e); Sec. 1512 of the Homeland Security Act of
2002, Pub. L. 107-296, Title XV, Nov. 25, 2002, 116 Stat. 2310 (6 U.S.C. 552(d)); E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351, as amended by E.O. 13286, 68 FR 10619, 3 CFR, 2004 Comp., p. 166;
Department of Homeland Security Delegation No. 0170.1., para. 2(80).
SOURCE: CGD 92-014, 57 FR 53969, Nov. 13, 1992, unless otherwise noted.
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§133.1 Purpose.
This part prescribes procedures for the Governor of a State to request payments from the
Oil Spill Liability trust Fund (the Fund) for oil pollution removal costs under section 1012(d)(1) of
the Oil Pollution Act of 1990 (the Act) (33 U.S.C. 2712(d)(1)).
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§133.3 Definitions.
(a) As used in this part, the following terms have the same meaning as set forth in section
1001 of the Act (33 U.S.C. 2701): “discharge”, “exclusive economic zone”, “Fund”, “incident”,
“National Contingency Plan”, “navigable waters”, “oil”, “remove”, “removal”, “removal costs”,
“responsible party”, “State”, and “United States”.
(b) As used in this part—
Act means Title I of the Oil Pollution Act of 1990 (33 U.S.C. 2701 through 2719).

Director, NPFC, means the person in charge of the U.S. Coast Guard National Pollution
Funds Center or that person's authorized representative.
NPFC means the Director National Pollution Funds Center, NPFC MS 7100, U.S. Coast
Guard, 4200 Wilson Blvd., Suite 1000, Arlington, VA 20598-7100.
On-Scene Coordinator or OSC means the Federal official predesignated by the
Environmental Protection Agency or the U.S. Coast Guard to direct and coordinate all efforts for
removal of a discharge, or the mitigation or the prevention of a substantial threat of a discharge,
of oil.
Removal action means an incident-specific activity taken under this part to contain or
remove a discharge, or to mitigate or prevent a substantial threat of a discharge, of oil.
[CGD 92-014, 57 FR 53969, Nov. 13, 1992, as amended by USCG-2009-0416, 74 FR 27440, June 10,
2009]
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§133.5 Requests: General.
(a) Upon a request submitted in accordance with this part by the Governor of a State or his
or her designated State official, the OSC may obtain a Federal Project Number (FPN) and a
ceiling not to exceed $250,000 per incident for removal costs. The removal costs must be for the
immediate removal of a discharge, or the mitigation or prevention of a substantial threat of a
discharge, of oil.
(b) Before a request under this part is made, the State official will ensure that the
procedures in the National Contingency Plan (40 CFR part 300) for notifying Federal authorities
of the discharge or threat of discharge have been met.
(c) The Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6301-6308), 2
CFR part 3000, 6 CFR part 9, and 49 CFR parts 18 and 90, apply to Fund monies obligated for
payment under this part.
[CGD 92-014, 57 FR 53969, Nov. 13, 1992, as amended by USCG-2013-0397, 78 FR 39175, July 1, 2013]
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§133.7 Requests: Amount.
(a) The amount of funds that may be requested under this part—
(1) Is limited to the amount anticipated for immediate removal action for a single oil pollution
incident, but, in any event, may not exceed $250,000 per incident;
(2) Must be for removal costs consistent with the National Contingency Plan; and
(3) Must be reasonable for the removal actions proposed, considering such factors as
quantity and composition of the oil, weather conditions and customary costs of similar services in
the locale.

(b) The funds requested are obligated only to the extent they are determined to be for
immediate removal actions which are reasonable and otherwise eligible for payment under this
part.
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§133.9 Requests: Where made.
Requests for access to the Fund under §133.5 must be made by telephone or other rapid
means to the OSC.
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§133.11 Request: Contents.
In making a request for access to the Fund, the person making the request shall—
(a) Indicate that the request is a State access request under 33 CFR part 133;
(b) Give his or her name, title, department, and State;
(c) Describe the incident in sufficient detail to allow a determination of jurisdiction, including
at a minimum the date of the occurrence, type of product discharged, estimated quantity of the
discharge, body of water involved, and proposed removal actions for which funds are being
requested under this part; and
(d) Indicate the amount of funds being requested.
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§133.13 Removal actions eligible for funding.
To be eligible for funding under this part, each removal action must meet the following:
(a) Must be for an incident, occurring after August 18, 1990, which resulted in a discharge,
or the substantial threat of a discharge, of oil into or upon the navigable waters or adjoining
shorelines.
(b) Must comply with the National Contingency Plan.
(c) Must be an immediate removal action.
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§133.15 Determination of eligibility for funding.
Upon receipt of the information under §133.11 and, if necessary, from other sources
determined to be appropriate at his or her discretion, the OSC will determine whether the
proposed removal actions meet the requirements of §133.13. If necessary, the OSC may seek
further clarification of the proposed actions from the State official. The OSC shall expeditiously
notify the State official and the Director, NPFC, of his or her decision.

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§133.17 Conduct of removal actions.
Removal actions funded under this part must be coordinated with the OSC and conducted
in accordance with the National Contingency Plan.
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§133.19 Recordkeeping.
(a) The State official shall maintain detailed records of expenditures made from the funds
provided under this part, including records of—
(1) Daily expenditures for each individual worker, giving the individual's name, title or
position, activity performed, time on task, salary or hourly rate, travel costs, per diem, out-ofpocket or extraordinary expenses, and whether the individual is normally available for oil spill
removal;
(2) Equipment purchased or rented each day, with the daily or hourly rate;
(3) Miscellaneous materials and expendables purchased each day; and
(4) Daily contractor or consultant fees, including costs for their personnel and contractorowned or rented equipment, as well as that of any subcontractor.
(b) The State official shall submit a copy of these records and a summary document stating
the total of all expenditures made to the NPFC official specified in §133.25(c) within thirty days
after completion of the removal actions. A copy of these documents shall also be submitted to the
cognizant OSC.
(c) Upon request of the OSC or the NPFC, the State official shall make the original records
available for inspection.
(d) If, after inspecting the records, the Director, NPFC, determines that expenditures by a
State official from funds obligated under this part were not eligible for funding under this part and
the expenditures were not made with the good faith understanding that they were eligible under
this part, the Director, NPFC, may seek reimbursement to the Fund from the State.
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§133.21 Records retention.
(a) The State official shall maintain all records for ten years following completion of the
removal actions.
(b) If any litigation, claim, negotiation, audit, cost recovery, or other action involving the
records has been started before the expiration of the ten-year period, the records must be
retained until completion of the action and resolution of all issues which arise from it, or until the
end of the regular ten-year period, whichever is later.

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§133.23 Investigation to determine the source and responsible party.
(a) The State official shall promptly make a thorough investigation to determine the source
of the incident and the responsible party.
(b) Upon completion of the investigation, the State official shall forward the results of the
investigation and copies of the supporting evidence identifying the source and the responsible
party to both the cognizant OSC and the NPFC official specified in §133.25(c).
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§133.25 Notification of Governor's designee.
(a) If the Governor of a State anticipates the need to access the Fund under this part, he or
she must advise the NPFC in writing of the specific individual who is designated to make requests
under this part.
(b) This designation must include the individual's name, address, telephone number, and
title or capacity in which employed.
(c) The information required by paragraph (b) of this section must be forwarded to the
Director National Pollution Funds Center, NPFC CM, MS 7100, U.S. Coast Guard, 4200 Wilson
Blvd., Suite 1000, Arlington, VA 20598-7100.
[CGD 92-014, 57 FR 53969, Nov. 13, 1992, as amended by USCG-2009-0416, 74 FR 27440, June 10,
2009]
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AuthorARThuring
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File Created2014-06-26

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