StatA

§ 151.09

33 CFR Ch. I (7–1–99 Edition)

(b) A COTP may deny the entry of a
ship to a port or terminal under
§ 158.110(b) if—
(1) The port or terminal does not
have a Certificate of Adequacy, as required in § 158.135 of this chapter; or
(2) The port or terminal is not in
compliance with the requirements of
Subpart D of Part 158.
[CGD 88–002, 54 FR 18404, Apr. 28, 1989]

OIL POLLUTION
SOURCE: Sections 151.09—151.25 appear by
CGD 75–124a, 48 FR 45709, Oct. 6, 1983, unless
otherwise noted.

§ 151.09 Applicability.
(a) Except as provided in paragraph
(b) of this section, §§ 151.09 through
151.25 apply to each ship that—
(1) Is operated under the authority of
the United States and engages in international voyages;
(2) Is operated under the authority of
the United States and is certificated
for ocean service;
(3) Is operated under the authority of
the United States and is certificated
for coastwise service beyond three nautical miles from land;
(4) Is operated under the authority of
the United States and operates at any
time seaward of the outermost boundary of the territorial sea of the United
States as defined in § 2.05–10 of this
chapter; or
(5) Is operated under the authority of
a country other than the United States
while in the navigable waters of the
United States, or while at a port or terminal under the jurisdiction of the
United States.
(b) Sections 151.09 through 151.25 do
not apply to—
(1) A warship, naval auxiliary, or
other ship owned or operated by a
country when engaged in noncommercial service;
(2) A Canadian or U.S. ship being operated exclusively on the Great Lakes
of North America or their connecting
and tributary waters;
(3) A Canadian or U.S. ship being operated exclusively on the internal waters of the United States and Canada;
or
(4) Any other ship specifically excluded by MARPOL 73/78.

(c) Sections 151.26 through 151.28
apply to each United States oceangoing
ship specified in paragraphs (a)(1)
through (a)(4) of this section which is—
(1) An oil tanker of 150 gross tons and
above or other ship of 400 gross tons
and above; or
(2) A fixed or floating drilling rig or
other platform, when not engaged in
the exploration, exploitation, or associated offshore processing of seabed
mineral resources.
(d) Sections 151.26 through 151.28 do
not apply to—
(1) The ships specified in paragraph
(b) of this section;
(2) Any barge or other ship which is
constructed or operated in such a manner that no oil in any form can be carried aboard.
NOTE: The term ‘‘internal waters’’ is defined in § 2.05–20 of this chapter.

(e) Section 151.26(b)(5) applies to all
vessels subject to the jurisdiction of
the United States and operating in
Antarctica.
[CGD 88–002, 54 FR 18404, Apr. 28, 1989, as
amended by CGD 88–002A, 55 FR 18582, May 2,
1990; CGD 93–030, 59 FR 51338, Oct. 7, 1994;
CGD 97–015, 62 FR 18045, Apr. 14, 1997]

§ 151.10 Control of discharge of oil.
(a) When more than 12 nautical miles
from the nearest land, any discharge of
oil or oily mixtures into the sea from a
ship other than an oil tanker or from
machinery space bilges of an oil tanker
is prohibited except when all of the following conditions are satisfied—
(1) The oil or oily mixture does not
originate from cargo pump room
bilges;
(2) The oil or oily mixture is not
mixed with oil cargo residues;
(3) The ship is not within a special
area;
(4) The ship is proceeding enroute;
(5) The oil content of the effluent
without dilution is less than 100 parts
per million (ppm); and
(6) The ship has in operation oilywater separating equipment, a bilge
monitor, bilge alarm, or combination
thereof as required by Part 155 Subpart
B of this chapter.
(b) When within 12 nautical miles of
the nearest land, any discharge of oil
or oily mixtures into the sea from a
ship other than an oil tanker or from

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§ 151.11

machinery space bilges of an oil tanker
is prohibited except when all of the following conditions are satisfied—
(1) The oil or oily mixture does not
originate from cargo pump room
bilges;
(2) The oil or oily mixture is not
mixed with oil cargo residues;
(3) The oil content of the effluent
without dilution does not exceed 15
ppm;
(4) The ship has in operation oilywater separating equipment, a bilge
monitor, bilge alarm, or combination
thereof as required by Part 155 Subpart
B of this chapter; and
(5) The oily-water separating equipment is equipped with a 15 ppm bilge
alarm; for U.S. inspected ships, approved under 46 CFR 162.050 and for
U.S. uninspected ships and foreign
ships, either approved under 46 CFR
162.050 or listed in the current International Maritime Organization (IMO)
Marine Environment Protection Committee (MEPC) Circular summary of
MARPOL 73/78 approved equipment.
NOTE: In the navigable waters of the
United States, the Federal Water Pollution
Control Act (FWPCA), section 311(b)(3) and
40 CFR Part 110 govern all discharges of oil
or oily-mixtures.

(c) The cargo related oil residues of
an oil tanker, including residues from
cargo pump room bilges and all oil residues mixed with oil cargo residues
shall not be discharged overboard except as provided for in Part 157 of this
chapter.
(d) When more than 12 nautical miles
from the nearest land, any discharge of
oil or oily mixtures into the sea from a
ship other than an oil tanker or from
machinery space bilges of an oil tanker; that is not proceeding enroute;
shall be in accordance with paragraphs
(b)(1), (b)(2), (b)(3), (b)(4), and (b)(5) of
this section.
(e) The provisions of paragraphs (a),
(b), (c) and (d) of this section do not
apply to the discharge of clean or segregated ballast.
(f) The person who is in charge of an
oceangoing ship that cannot discharge
oil residues into the sea in compliance
with paragraphs (a), (b), (c) or (d) of
this section shall ensure that those residues are—
(1) Retained on board; or

(2) Discharged to a reception facility.
If the reception facility is in a port or
terminal in the United States, each
person who is in charge of each oceangoing tanker or any other oceangoing
ship of 400 gross tons or more shall notify the port or terminal, at least 24
hours before entering the port or terminal, of—
(i) The estimated time of day the
ship could discharge residues and mixtures containing oil;
(ii) The type of residues and mixtures
containing oil to be discharged; and
(iii) The volume of residues and mixtures containing oil to be discharged.
NOTE: There are Federal, state, or local
laws or regulations that could require a written description of the residues and mixtures
containing oil to be discharged. For example,
a residue or mixture containing oil might
have a flashpoint less than 60° C (140° F) and
thus have the characteristic of ignitability
under 40 CFR 261.21, which might require a
description of the waste for a manifest under
40 CFR Part 262, Subpart B. Occupational
safety and health concerns may be covered,
as well as environmental ones.
The notice required in this section is in addition to those required by other Federal,
state, and local laws and regulations. Affected persons should contact the appropriate Federal, state, or local agency to determine whether other notice and information requirements, including 40 CFR Parts
262 and 263, apply to them.

(g) No discharge into the sea shall
contain chemicals or other substances
introduced for the purpose of circumventing the conditions of discharge
specified in this regulation.
(h) This section does not apply to a
fixed or floating drilling rig or other
platform that is operating under a National Pollutant Discharge Elimination
System (NPDES) permit.
[CGD 75–124a, 48 FR 45709, Oct. 6, 1983, as
amended by CGD 78–035, 50 FR 36793, Sept. 9,
1985. Redesignated by CGD 88–002, 54 FR
18404, Apr. 28, 1989; USCG–1998–3799, 63 FR
35530, June 30, 1998]

§ 151.11

Exceptions for emergencies.

(a) Sections 151.10 and 151.13 do not
apply to—
(1) The discharge into the sea of oil
or oily mixture necessary for the purpose of securing the safety of a ship or
saving life at sea.

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