cfr_sections
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100 rows where part_number = 154 and title_number = 33 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 33:33:2.0.1.5.21.1.168.1 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | A | Subpart A—General | § 154.100 Applicability. | USCG | [CGD 86-034, 55 FR 36252, Sept. 4, 1990, as amended by CGD 91-036, 58 FR 7352, Feb. 5, 1993; CGD 93-056, 61 FR 41457, Aug. 8, 1996] | (a) This part applies to each facility that is capable of transferring oil or hazardous materials, in bulk, to or from a vessel, where the vessel has a total capacity, from a combination of all bulk products carried, of 39.75 cubic meters (250 barrels) or more. This part does not apply to the facility when it is in a caretaker status. This part does not apply to any offshore facility operating under the jurisdiction of the Secretary of the Department of Interior. (b) Upon written notice to the facility operator, the COTP may apply, as necessary for the safety of the facility, its personnel, or the public, all or portions of § 154.735 to each facility that is capable of transferring oil or hazardous material, in bulk, only to or from a vessel with a capacity of less than 250 barrels. If the facility is in caretaker status, the COTP may not apply the provisions of § 154.735 to the facility if its storage tanks and piping are gas free. (c) Upon a determination by the COTP under § 154.1016 that an MTR facility, as defined in subpart F, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters, adjoining shorelines, or exclusive economic zone, subpart F of this part is applicable to the facility. (d) The following sections of this part apply to mobile facilities: (1) Section 154.105 Definitions. (2) Section 154.107 Alternatives. (3) Section 154.108 Exemptions. (4) Section 154.110 Letter of Intent. (5) Section 154.120 Facility examinations. (6) Section 154.300 Operations Manual: General. (7) Section 154.310 Operations Manual: Contents. Paragraphs (a)(2), (a)(3), (a)(5) through (a)(7), (a)(9), (a)(12), (a)(14), (a)(16), (a)(17)(ii) through (a)(17)(iv), (a)(18), (a)(20) through (23), (c) and (d). (8) Section 154.320 Operations Manual: Amendment. (9) Section 154.325 Operations Manual: Procedures for examination. (10) Section 154.500 Hose assemblies. Paragraphs (a), (b), (c), (d)(1) through (3) and (e)(1) through (3). (11) Section 154.520 Clos… | |||
| 33:33:2.0.1.5.21.1.168.2 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | A | Subpart A—General | § 154.105 Definitions. | USCG | [CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36252, Sept. 4, 1990; CGD 79-116, 60 FR 17141, Apr. 4, 1995; CGD 93-056, 61 FR 41458, Aug. 8, 1996; 62 FR 3610, Jan. 24, 1997; CGD 79-116, 62 FR 25125, May 8, 1997] | As used in this part: Barrel means a quantity of liquid equal to 42 U.S. gallons. Boundary Line means any of the lines described in 46 CFR part 7. Captain of the Port (COTP) means the U.S. Coast Guard officer commanding a Captain of the Port Zone described in part 3 of this chapter, or that person's authorized representative. Caretaker status denotes a facility where all piping, hoses, loading arms, storage tanks, and related equipment in the marine transfer area are completely free of oil or hazardous materials, where these components have been certified as being gas free, where piping, hoses, and loading arms terminating near any body of water have been blanked, and where the facility operator has notified the COTP that the facility will be in caretaker status. Commandant means the Commandant of the Coast Guard or an authorized representative. Contiguous Zone means the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone, but not extending beyond 12 miles from the baseline from which the breadth of the territorial sea is measured. District Commander means the officer of the Coast Guard designated by the Commandant to command a Coast Guard District, as described in part 3 of this chapter or an authorized representative. Facility means either an onshore or offshore facility, except for an offshore facility operating under the jurisdiction of the Secretary of the Department of Interior, and includes, but is not limited to, structure, equipment, and appurtenances thereto, used or capable of being used to transfer oil or hazardous materials to or from a vessel or public vessel. Also included are facilities that tank clean or strip and any floating structure that is used to support an integral part of the facility's operation. A facility includes federal, state, municipal, and private facilities. Facility operator means the person who owns, operates, or is responsible for the operation of the facility. Hazardous material mea… | |||
| 33:33:2.0.1.5.21.1.168.3 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | A | Subpart A—General | § 154.106 Incorporation by reference. | USCG | [USCG-1999-5150, 78 FR 42616, July 16, 2013, as amended by USCG-2014-0410, 79 FR 38436, July 7, 2014] | (a) Certain material is incorporated by reference (IBR) into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Coast Guard must publish a notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the Coast Guard Headquarters. Contact Commandant (CG-ENG), Attn: Office of Design and Engineering Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509, telephone 202-372-1418. You may also contact the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Also, it is available from the sources indicated in this section. (b) American National Standards Institute (ANSI), 25 West 43rd Street, 4th floor, New York, NY 10036. (1) ANSI B16.5, Steel Pipe Flanges and Flanged Fittings, 1988, IBR approved for §§ 154.500(d), 154.2100(b), 154.2101(d), 154.2202(d), and Appendix A, 7.3 to part 154. (2) ANSI B16.24, Bronze Pipe Flanges and Flange Fittings Class 150 and 300, 1979, IBR approved for §§ 154.500(d) and 154.2100(b). (3) ANSI B31.3, Chemical Plant and Petroleum Refinery Piping, 1987 (including B31.3a-1988, B31.3b-1988, and B31.3c-1989 addenda), IBR approved for §§ 154.510(a) and 154.2100(b). (c) American Petroleum Institute (API), 1220 L Street NW., Washington, DC 20005. (1) API Standard 2000, Venting Atmospheric and Low-Pressure Storage Tanks (Non-refrigerated and Refrigerated), Third Edition, January 1982 (reaffirmed December 1987)(“API 2000”), IBR approved for §§ 154.2103(j) and 154.2203(e), (k), and (l). (2) API Recommended Practice 550, Manual on Installation of Refinery Instruments and Control Systems, Part II—Process Stream Analyzers, Section 1—Oxygen Analyzers, Fourth Editi… | |||
| 33:33:2.0.1.5.21.1.168.4 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | A | Subpart A—General | § 154.107 Alternatives. | USCG | [CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36252, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996] | (a) The COTP may consider and approve alternative procedures, methods, or equipment standards to be used by a facility operator in lieu of any requirement in this part if: (1) Compliance with the requirement is economically or physically impractical; (2) The alternative provides an equivalent level of safety and protection from pollution by oil or hazardous material, which is documented in the request; and (3) The facility operator submits a written request for the alternative. (b) The COTP takes final approval or disapproval action on the request, submitted in accordance with paragraph (a) of this section, in writing within 30 days of receipt of the request. | |||
| 33:33:2.0.1.5.21.1.168.5 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | A | Subpart A—General | § 154.108 Exemptions. | USCG | [CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 88-052, 53 FR 25122, July 1, 1988; CGD 86-034, 55 FR 36252, Sept. 4, 1990; 55 FR 49997, Dec. 4, 1990; CGD 96-026, 61 FR 33666, June 28, 1996; CGD 93-056, 61 FR 41458, Aug. 8, 1996; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002] | (a) The Assistant Commandant for Marine Safety, Security and Environmental Protection, acting for the Commandant, grants an exemption or partial exemption from compliance with any requirement in this part if: (1) A facility operator submits an application for the exemption via the COTP; and (2) It is determined, from the application, that: (i) Compliance with the requirement is economically or physically impractical; (ii) No alternative procedures, methods, or equipment standards exist that would provide an equivalent level of safety and protection from pollution by oil or hazardous material; and (iii) The likelihood of oil or hazardous material being discharged is not substantially increased as a result of the exemption. (b) If requested, the applicant must submit any appropriate information, including an environmental and economic assessment of the effects of and reasons for the exemption, and proposed procedures, methods or equipment standards. (c) The exemption may specify the procedures, methods, or equipment standards that will apply. (d) An exemption is granted or denied in writing. The decision of the Assistant Commandant for Marine Safety, Security and Environmental Protection is a final agency action. | |||
| 33:33:2.0.1.5.21.1.168.6 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | A | Subpart A—General | § 154.110 Letter of intent. | USCG | [CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36252, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996] | (a) The facility operator of any facility to which this part applies must submit a letter of intent to operate a facility or to conduct mobile facility operations to the COTP not less than 60 days before the intended operations unless a shorter period is allowed by the COTP. Previously submitted letters of intent need not be resubmitted. (b) The letter of intent required by paragraph (a) of this section may be in any form but must contain: (1) The names, addresses, and telephone numbers of the facility operator and the facility owner; (2) The name, address, and telephone number of the facility or, in the case of a mobile facility, the dispatching office; and (3) Except for a mobile facility, the geographical location of the facility in relation to the associated body of navigable waters. (c) The facility operator of any facility for which a letter of intent has been submitted, shall within five (5) days advise the COTP in writing of any changes of information and shall cancel, in writing, the letter for any facility at which transfer operations are no longer conducted. | |||
| 33:33:2.0.1.5.21.1.168.7 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | A | Subpart A—General | § 154.120 Facility examinations. | USCG | [CGD 75-124, 45 FR 7169, Jan. 31, 1980] | (a) The facility operator shall allow the Coast Guard, at any time, to make any examination and shall perform, upon request, any test to determine compliance with this part and part 156, as applicable. The facility operator shall conduct all required testing of facility equipment in a manner acceptable to the Coast Guard. (b) The COTP shall provide the facility operator with a written report of the results of the examination for the record required by § 154.740(e) and shall list the deficiencies in the report when the facility is not in compliance with the requirements in this part and part 156 of this chapter. | |||
| 33:33:2.0.1.5.21.11.168.1 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2000 Applicability. | USCG | (a) Except as specified by paragraphs (b) through (g) of this section, this subpart applies to— (1) Each facility that controls vapors emitted to or from vessel cargo tanks; (2) A vessel, other than a tank vessel, that has a vapor processing unit located onboard for recovery, destruction, or dispersion of vapors from a tank vessel's cargo tanks; (3) Certifying entities that review, inspect, test, and certificate facility vapor control systems (VCSs); or (4) A facility VCS that receives cargo vapor from a vessel when the VCS is connected to a facility's main VCS that serves plant processing areas, such as tank storage areas or tank truck or railcar loading areas, unrelated to tank vessel operations. The requirements of this subpart apply between the vessel vapor connection and the point where the VCS connects to the facility's main VCS. (b) Each facility VCS that began operating on or after July 23, 1990, and that is certified as in compliance with 33 CFR part 154, subpart E on August 15, 2013, or each existing tank barge cleaning facility VCS that meets the safety Standards of Navigation and Vessel Inspection Circular No. 1-96, must comply with 33 CFR part 154, subpart P by August 15, 2016. Certifications, approvals of alternatives, and grants of exemption in effect on August 15, 2013, remain in effect after that date and as specified in the certification, approval, or grant. (c) A facility with a Coast Guard-approved VCS operating prior to July 23, 1990, must comply with 33 CFR 154.2150 but otherwise need not comply with this subpart so long as it does not have any design or configuration alterations after its approval and receives cargo vapor only from the specific vessels for which it was originally approved. (d) A facility that uses a vapor balancing system to transfer vapor from a railcar or a tank truck to a vessel cargo tank while offloading the vessel must obtain approval in writing from the Commandant and make that approval available for Coast Guard inspection upon request. (e) A facility that tr… | ||||
| 33:33:2.0.1.5.21.11.168.2 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2001 Definitions. | USCG | As used in this subpart only: Ambient temperature means the temperature of the environment in which an experiment is conducted or in which any physical or chemical event occurs. Barge cargo connection means the point in a barge's cargo system where it connects with the hose assembly or loading arm used for cargo transfer. Barge vapor connection means the point in a barge's piping system where it connects to a vapor collection hose or arm. This may be the same as the barge's cargo connection as it controls vapors during barge cargo tank-cleaning operations. Base loading means a method of inerting, enriching, or diluting such that sufficient inerting, enriching, or diluting gas, for the worst concentration of vapor coming from the vessel, is injected into the vapor line during the entire loading operation so that the vapor mixture is inerted, enriched, or diluted at the maximum loading rate. For inerting and enriching systems, “worst concentration” means the vapor stream contains no cargo vapor. For a diluting system, “worst concentration” means the vapor stream is saturated with cargo vapor. Captain of the Port (COTP) means the Coast Guard Captain of the Port as defined in 33 CFR 154.105. Certifying entity means an individual or organization accepted by the Commandant to review plans, data, and calculations for vapor control system designs and to conduct inspections and observe tests of vapor control system installations. Cleaning operation means any stripping, gas-freeing, or tank-washing operation of a barge's cargo tanks conducted at a cleaning facility. Combustible liquid means any liquid that has a flashpoint above 80 °F (as determined from an open-cup tester, as used to test burning oils) and includes Grade D and Grade E combustible liquids defined in 46 CFR 30.10-15. Commandant means Commandant (CG-ENG), U.S. Coast Guard, 2100 2nd St. SW., Stop 7126, Washington, DC 20593-7126. Detonation arrester means a device that is acceptable to the Commandant and includes a detonation arrester that … | ||||
| 33:33:2.0.1.5.21.11.169.3 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2010 Qualifications for acceptance as a certifying entity. | USCG | [USCG-1999-5150, 78 FR 42618, July 16, 2013, as amended by 80 FR 7540, Feb. 11, 2015] | To qualify for acceptance as a vapor control system (VCS) certifying entity, the entity must demonstrate to the satisfaction of the Commandant that it possesses the following minimum qualifications: (a) The ability to review and evaluate design drawings and failure analyses for compliance to this subpart; (b) The knowledge of the applicable regulations of this subpart, including the standards incorporated by reference; (c) The ability to monitor and evaluate test procedures and results for compliance with the operational requirements of this subpart; (d) The ability to perform inspections and observe tests of bulk liquid cargo-handling systems; (e) The applicant must not be controlled by an owner or operator of a vessel or facility engaged in controlling vapor emissions; (f) The applicant must not be dependent upon Coast Guard acceptance under this section to remain in business; and (g) The person in charge of VCS certification must be a licensed professional engineer in a U.S. State or territory. A person in charge of VCS certification who is not a licensed professional engineer on August 15, 2013 must obtain that license from a U.S. State or territory by August 15, 2014. | |||
| 33:33:2.0.1.5.21.11.169.4 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2011 Application for acceptance as a certifying entity. | USCG | (a) An applicant seeking Coast Guard acceptance as a certifying entity of vapor control systems (VCSs) must submit a signed, written application to the Commandant containing the information described in paragraph (b) of this section. The applicant's signature certifies that the information in the application is true and that the applicant is not dependent upon Coast Guard acceptance under this section to remain in business and constitutes consent for the Coast Guard to verify any information contained in the application, through personal examination of persons named in the application, or otherwise. If an applicant knowingly and willfully provides any false statement or misrepresentation, or conceals a material fact in the application, the application may be denied or terminated, and the applicant may be subject to prosecution under the provisions of 18 U.S.C. 1001. (b) An application must include the following general information: (1) The name and address of the applicant, including subsidiaries and divisions if applicable; (2) A description of the experience and qualifications of any person who would review or test systems on behalf of the applicant, showing that the person is familiar with or otherwise qualified to implement Coast Guard VCS regulations; and (3) A letter from a facility owner or operator stating his or her intent to use the services of the applicant to certify VCS installations. (c) The Commandant reviews each application and either issues a letter of acceptance as a certifying entity to the applicant, or notifies the applicant that it is not accepted, and maintains a list of currently accepted certifying entities that is available to the public at http://homeport.uscg.mil. (d) The acceptance of a certifying entity may be terminated by the Commandant for failure to review, inspect, or test a system properly in accordance with this subpart. (e) A certifying entity may not certify a facility VCS if that certifying entity was involved in the design or installation of the system. “Design or… | ||||
| 33:33:2.0.1.5.21.11.170.10 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2025 Certification, recertification, or operational review—certifying entity documentation. | USCG | (a) If the certifying entity is satisfied that the facility's vapor control system (VCS) has successfully undergone the reviews, inspections, and tests required by 33 CFR 154.2022(a) for certification or recertification, and that the VCS will operate properly and safely, the certifying entity must certify or recertify the VCS by issuing a certification letter to the facility owner or operator, and by sending copies of the letter to the Captain of the Port (COTP) and the Commandant. The certification letter must refer by date to the certifying entity's letter of acceptance issued under 33 CFR 154.2011(c), and must— (1) State that the facility complies with applicable regulations and with its operations manual, and list any exemptions to the applicable regulations that have been approved by the Coast Guard; (2) Report on all reviews, inspections, and tests undergone by the VCS in accordance with 33 CFR 154.2022(a); (3) List all plans and drawings that were reviewed by the certifying entity; (4) State if the VCS may control vapors from tank barges that are required to have a shore-side, explosion-proof receptacle or an overfill control system required by 33 CFR 154.2102(a) and (b); and (5) List all cargoes that the certifying entity approves for control by the VCS. (b) If the certifying entity is satisfied that the facility's VCS has successfully undergone the operational review required by 33 CFR 154.2022(b), the certifying entity must issue an operational review letter to the facility owner or operator, and send copies of the letter to the COTP and the Commandant. The operational review letter must— (1) List each item reviewed and inspected; (2) Describe the transfer or cleaning operation observed; and (3) Summarize the review's results. | ||||
| 33:33:2.0.1.5.21.11.170.5 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2020 Certification and recertification—owner/operator responsibilities. | USCG | [USCG-1999-5150, 78 FR 42618, July 16, 2013, as amended by USCG-2014-0410, 79 FR 38436, July 7, 2014; 80 FR 7540, Feb. 11, 2015] | (a) Prior to operating, a new vapor control system (VCS) installation must be certified under 33 CFR 154.2023 by a certifying entity as meeting the requirements of this subpart. (b) A certified VCS or a Coast Guard-approved VCS must be recertified by a certifying entity under 33 CFR 154.2023 before it can— (1) Control vapors other than those for which it was originally certified; (2) Receive vapors from vessels other than those for which it was approved, if the VCS was in operation prior to July 23, 1990; (3) Operate under any changed design or configuration; (4) Operate as part of multi-breasted barge-loading operations, if the VCS was not originally approved or certified for such operations; or (5) Be connected to a tank vessel if a pigging system is used to clear cargo in the cargo line back to the tank vessel. (c) For a transfer facility, prior to operating a VCS to control vapor from a tank vessel during cargo loading line pigging to clear cargo in the cargo loading line back to the tank vessel, the cargo loading line pigging system must be reviewed by a certifying entity as meeting the requirements of 33 CFR 154.2104. (d) To apply for certification, the owner or operator of a facility VCS must submit plans, calculations, specifications, and other related information, including a qualitative failure analysis, to the certifying entity. Suggested, but not mandatory, guidance for preparing a qualitative failure analysis can be found in the American Institute of Chemical Engineers publication “Guidelines for Hazard Evaluation Procedures,” and in Military Standard MIL-STD-882B for a quantitative failure analysis. For assistance in locating those publications, contact the Commandant (CG-ENG), Attn: Office of Design and Engineering Standards, U.S. Coast Guard Stop 7509, Washington, DC 20593-7509, telephone 202-372-1418 or via email at Hazmatstandards@uscg.mil . The analysis must demonstrate that— (1) The VCS can operate continuously and safely while controlling cargo vapors to or from tankships or tank ba… | |||
| 33:33:2.0.1.5.21.11.170.6 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2021 Operational review—owner/operator responsibilities. | USCG | (a) Each facility vapor control system (VCS) must undergo an operational review by a certifying entity within five years of its initial certification or last operational review, to ensure its proper operation and maintenance. (b) The VCS owner or operator must coordinate with the certifying entity and provide the entity with all necessary documentation and records to conduct the operational review. (c) The VCS owner or operator must notify the Captain of the Port (COTP) of a scheduled operational review. The COTP, at his or her discretion, may observe the operational review. (d) The VCS owner or operator must maintain, at the facility, the latest operational review letter issued under 33 CFR 154.2023. | ||||
| 33:33:2.0.1.5.21.11.170.7 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2022 Certification, recertification, or operational review—certifying entity responsibilities, generally. | USCG | Before the initial certification of a facility vapor control system (VCS), the certifying entity must perform each of the tasks specified in this section. (a) Review all VCS design documentation, including plans, drawings, calculations, specifications, and failure analysis, to ensure that the VCS design meets the requirements of this subpart. (b) Conduct an initial onsite inspection to ensure that the VCS installation conforms to the VCS plans, drawings, and specifications reviewed. (c) Conduct onsite reviews and observe tests to ensure the VCS's proper operation in accordance with its design and compliance with applicable regulations and the facility's operations manual and to ensure that— (1) Each alarm and shutdown shown on the piping and instrumentation diagrams (P&IDs) and reviewed in the hazard analysis as part of the system responds properly, through simulation of emergency conditions to activate the alarm or shutdown; (2) Maximum vacuum cannot be exceeded at the maximum operating conditions of any vapor-moving device, through testing of the vacuum breaker; (3) VCS shutdown occurs correctly, through the startup of the VCS and tripping of each shutdown loop while the VCS is not connected to a vessel; (4) VCS startup, normal operation, and shutdown occur properly, through observing the relevant portions of a test loading or unloading of one vessel, or a test cleaning of one tank barge at a tank barge cleaning facility; and that (5) The automatic liquid block valve successfully stops flow of liquid to the vessel during a system shutdown, through observing the relevant portions of a test loading or test cargo tank cleaning. (d) Review, for each cargo vapor the VCS will control, the cargo's chemical data and the VCS design to ensure that— (1) Each vapor-controlled chemical is either specified in writing by the Commandant or listed in 46 CFR 30.25-1, 46 CFR 151.05, or Table 1 or Table 2 of 46 CFR 153; (2) Each chemical's maximum experimental safe gap, minimum oxygen concentration for combustion (MOCC)… | ||||
| 33:33:2.0.1.5.21.11.170.8 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2023 Recertification—certifying entity responsibilities, generally. | USCG | (a) Before the recertification of a facility vapor control system (VCS) the certifying entity must perform the reviews specified in 33 CFR 154.2022, except paragraphs (a) through (c). (b) The certifying entity must review, inspect, and observe tests of a facility VCS's design or configuration alteration before recertifying a VCS that was certified or approved for operation prior to July 23, 1990, to ensure that the altered system complies with applicable regulations. In general, the certifying entity should perform the review, inspection, and observe tests as specified in 33 CFR 154.2022(a) through (c). However, depending on the extent of the alteration, the review, inspection, or test observing may not need to be as comprehensive as those for an initial certification. | ||||
| 33:33:2.0.1.5.21.11.170.9 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2024 Operational review—certifying entity responsibilities, generally. | USCG | In conducting an operational review the certifying entity must ensure that the vapor control system (VCS) is properly operating and maintained by performing the tasks specified in this section. (a) Ensure the completeness, currency, and accuracy of the facility operations manual, training plans, and VCS test procedures. (b) Confirm through training records that the current listed available facility persons in charge have been trained in compliance with 33 CFR 154.2030 or 154.2031. (c) Confirm that recordkeeping and testing and inspection comply with 33 CFR 154.740 and 156.170. (d) Verify that there has been no change to the VCS equipment or instrumentation since the last certification, recertification, or operational review to ensure that the certification letter is current. (e) Verify proper marking, labeling, maintenance, and operation of VCS components, through visual inspection. (f) Confirm that the originally certified liquid cargo transfer rate can still be attained in compliance with 33 CFR 154.2103 and 154.2107. (g) Ensure that cargo transfer or tank-cleaning barge operational procedures are properly followed and the VCS operates properly, through observation of the initial stages of transfer or cleaning, including 24-hour pre-transfer tests required by 33 CFR 154.2150(b) or 33 CFR 154.2250(b), the pre-transfer conference, and initial system startup procedures. | ||||
| 33:33:2.0.1.5.21.11.171.11 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2030 Transfer facilities. | USCG | (a) Personnel in charge of a transfer operation using a vapor control system (VCS) must have completed a training program covering the particular VCS installed at the facility. As part of the training program, personnel must be able to demonstrate, through drills and display of practical knowledge, the proper VCS operational procedures for normal and emergency conditions. The training program must cover the following subjects: (1) Purpose of the VCS; (2) Principles of the VCS; (3) Components of the VCS; (4) Hazards associated with the VCS; (5) Coast Guard regulations in this subpart; (6) Operating procedures, including: (i) Transfer, testing, and inspection requirements; (ii) Pre-transfer procedures; (iii) Chemicals approved for collection; (iv) Material safety data sheet review; (v) Connection procedures; (vi) Startup procedures; (vii) Normal operating conditions and how to handle deviations from normal conditions; (viii) Normal shutdown procedures; and (ix) Operating procedures for cargo line clearing if a cargo line clearance system is installed in accordance with 33 CFR 154.2104; and (7) Emergency procedures. (b) Personnel overseeing VCS maintenance must be familiar with— (1) Inspection of detonation arresters; and (2) Procedures for equipment and instrumentation testing required by 33 CFR 156.170(g). (c) Facility personnel in charge of a transfer operation using a VCS must be designated and qualified in compliance with 33 CFR 154.710 and the facility must maintain the training documentation required by 33 CFR 154.740(b). | ||||
| 33:33:2.0.1.5.21.11.171.12 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2031 Tank barge cleaning facilities. | USCG | (a) In addition to complying with 33 CFR 154.2030, a tank barge cleaning facility (TBCF) person-in-charge (PIC) of a barge cargo tank-cleaning operation that uses a vapor control system (VCS) must complete a training program covering the particular systems installed at the facility and on the barge. As part of the training program, personnel must be able to demonstrate, through drills and practical knowledge, the proper VCS operation procedures for normal and emergency conditions. The training program must— (1) Satisfy the requirements of 33 CFR 154.2030(a)(1) through (7), except (a)(6)(i), (ii), and (ix), and 33 CFR 154.2030(b) and cover— (i) Purpose, principles, components, and hazards associated with stripping and gas-freeing; (ii) Special hazards associated with the accumulation and discharge of static electricity; and (iii) Operating procedures, including cleaning, testing, and inspection requirements; pre-cleaning procedures; and safeguards to prevent static electricity discharge. (b) In addition to the requirements contained in 33 CFR 154.710, no person may serve, and the facility operator may not use the services of anyone, as a facility PIC of a cleaning operation unless the person has been properly trained and certified by the facility with a minimum of 60 hours of experience in cleaning operations. | ||||
| 33:33:2.0.1.5.21.11.172.13 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2100 Vapor control system, general. | USCG | (a) Vapor control system (VCS) design and installation must eliminate potential overpressure and vacuum hazards, overfill hazards, sources of ignition, and mechanical damage to the maximum practicable extent. Each remaining hazard source that is not eliminated must be specifically addressed in the protection system design and system operational requirements. (b) Vapor collection system pipe and fitting components must be in accordance with ANSI B31.3 (incorporated by reference, see 33 CFR 154.106) with a maximum allowable working pressure (MAWP) of at least 150 pounds per square inch gauge (psig). Valves must be in accordance with ASME B16.34, 150 pound class (incorporated by reference, see 33 CFR 154.106). Flanges must be in accordance with ANSI B16.5 or ANSI B16.24, 150 pound class (both incorporated by reference, see 33 CFR 154.106). The following components and their associated equipment do not have a minimum specified MAWP, but must be constructed to acceptable engineering standards and have the appropriate mechanical strength to serve the intended purpose: knockout drums, liquid seals, blowers/compressors, flare stacks/incinerators, and other vapor processing units. (c) All VCS electrical equipment must comply with NFPA 70 (2011) (incorporated by reference, see 33 CFR 154.106). (d) Any pressure, flow, or concentration indication required by this part must provide a remote indicator on the facility where the cargo transfer system and VCS are controlled, unless the local indicator is clearly visible and readable from the operator's normal position at the control stations. (e) Any condition requiring an alarm as specified in this part must activate an audible and visible alarm where the cargo transfer and VCSs are controlled. (f) For a VCS installed after August 15, 2013, an alarm or shutdown must be activated if electrical continuity of an alarm or shutdown sensor required by this subpart is lost. (g) The VCS piping surface temperature must not exceed 177 °C (350 °F) or 70 percent of the auto-ignition t… | ||||
| 33:33:2.0.1.5.21.11.172.14 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2101 Requirements for facility vapor connections. | USCG | (a) A remotely operated cargo vapor shutoff valve must be installed in the vapor collection line between the facility vapor connection and the nearest point where any inerting, enriching, or diluting gas is introduced into the vapor collection line, or where a detonation arrester is fitted. The valve must— (1) Close within 30 seconds after detection of a shutdown condition of any component required by this subpart; (2) Close automatically if the control signal or electrical power to the system is interrupted; (3) Activate an alarm meeting 33 CFR 154.2100(e) when a signal to shut down is received from a component; (4) Be capable of manual operation or manual activation; (5) Have a local valve position indicator, or be designed so that the valve position can be readily determined from the valve handle or valve stem position; and (6) If the valve seat is fitted with resilient material, be a Category A valve as defined by 46 CFR 56.20-15 and not allow appreciable leakage when the resilient material is damaged or destroyed. (b) Except when a vapor collection arm is used, the first 1 meter (3.3 feet) of vapor piping downstream of the facility vapor connection must be— (1) Painted in the sequence of red/yellow/red. The width of the red bands must be 0.1 meter (0.33 foot) and the width of the middle yellow band must be 0.8 meter (2.64 feet); and (2) Labeled with the word “VAPOR” painted in black letters at least 50.8 millimeters (2 inches) high. (c) Each facility vapor connection flange face must have a permanent stud projecting outward that is 12.7 millimeters (0.5 inch) in diameter and is at least 25.4 millimeters (1 inch) long. The stud must be located at the top of the flange face, midway between boltholes, and in line with the bolthole pattern. (d) Each hose that transfers vapors must— (1) Have a design burst pressure of at least 25 pounds per square inch gauge (psig); (2) Have a maximum allowable working pressure no less than 5 psig; (3) Be capable of withstanding at least a 2 pounds per square inch (… | ||||
| 33:33:2.0.1.5.21.11.172.15 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2102 Facility requirements for vessel liquid overfill protection. | USCG | This section does not apply to facilities collecting vapors emitted from vessel cargo tanks while inerting, padding, or purging the cargo tanks with an inert gas and not loading cargo into the cargo tank. (a) Each facility that receives cargo vapor from a tank barge that is fitted with overfill protection, in accordance with 46 CFR 39.2009(a)(1)(iii), must provide a 120-volt, 20-amp explosion-proof receptacle for the overfill protection system that meets— (1) ANSI NEMA WD-6 (incorporated by reference, see 33 CFR 154.106); (2) NFPA 70 (2011), Articles 406.9 and 501.145 (incorporated by reference, see 33 CFR 154.106); and (3) 46 CFR 111.105-9. (b) Each facility that receives cargo vapor from a tank barge that is fitted with an intrinsically safe cargo tank level sensor system complying with 46 CFR 39.2009(a)(2), as a means of overfill protection, must have an overfill control system on the dock capable of powering and receiving an alarm and shutdown signal from the cargo tank level sensor system that— (1) Closes the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a) and activates the emergency shutdown system required by 33 CFR 154.550 when— (i) A tank overfill signal is received from the barge; or (ii) Electrical continuity of the cargo tank level sensor system is interrupted; (2) Activates an audible and visible alarm that warns barge and facility personnel when a tank overfill signal, or an optional high-level signal corresponding to a liquid level lower than the tank overfill sensor setting, is received from the barge; (3) Has a mechanism to test the alarms and automatic shutdown systems electrically and mechanically before operating the vapor control system (VCS); (4) Has suitable means, such as approved intrinsic safety barriers able to accept passive devices, so that the overfill and optional alarm circuits on the barge side of the overfill control system, including cabling, normally closed switches, and pin and sleeve connectors, are intrinsically safe; (5) Is labeled at … | ||||
| 33:33:2.0.1.5.21.11.172.16 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2103 Facility requirements for vessel vapor overpressure and vacuum protection. | USCG | In this section, the requirements of having a flame arrester or a flame screen at the opening of a pressure relief valve or a vacuum relief valve apply only to facilities collecting vapors of flammable, combustible, or non-high flash point liquid cargoes. (a) A facility's vapor control system (VCS) must have the capacity for collecting cargo vapor at a rate of not less than the facility's maximum liquid transfer rate for cargoes that are vapor controlled plus the vapor growth for the cargoes and any inerting, diluting, or enriching gas that may be added to the system. Vapor growth must be considered as 25 percent of the cargo's saturated vapor pressure in pounds per square inch absolute (psia) at 115 °F, divided by 12.5 psia (the vapor pressure of gasoline at 115 °F), times the facility's maximum liquid transfer rate, unless there is experimental data for actual vapor growth for turbulent transferring under the most severe conditions for vapor growth. If the cargo is transferred at temperatures above 115 °F, the cargo's true vapor pressure (in psia) at the transferring temperature must be used when determining the vapor growth. (b) A facility VCS must be designed to prevent the pressure in a vessel's cargo tanks from going below 80 percent of the highest setting of any of the vessel's vacuum relief valves or exceeding 80 percent of the lowest setting of any of the vessel's pressure relief valves for a non-inerted tank vessel. A facility VCS also must be designed to prevent the pressure in a vessel's cargo tanks from going below 0.2 pounds per square inch gauge (psig) or exceeding 80 percent of the lowest setting of any of the vessel's pressure relief valves for an inerted tank vessel. The system must sustain the pressure in the vessel's cargo tanks within this range at any cargo transfer rate less than or equal to the maximum transfer rate determined at the pre-transfer conference. (c) The pressure measured at the facility vapor connection must be corrected for pressure drops across the vessel's vapor collecti… | ||||
| 33:33:2.0.1.5.21.11.172.17 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2104 Pigging system. | USCG | (a) If a pigging system is used to clear cargo in the cargo lines to the tank vessel while the vessel is connected to the facility vapor control system (VCS), the pigging system must be designed with the following safety features: (1) A bypass loop installed in the main liquid cargo line that contains the pig-receiving device, through which all the liquid flow is channeled during pigging operations. The pig must act as a seal to separate the vessel from the compressed inert gas that is used to propel it as the pig travels from the pig launcher to the pig-receiving device; (2) A mechanism for restricting liquid and gas flow so that the vessel, personnel, and environment are not endangered. The compressed inert gas flow capacity that this mechanism secures must not be more than 95 percent of the combined capacity of all vessel and facility VCS relief valves located upstream of the facility's remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a); (3) A fast-action automatic shutoff valve such as a solenoid valve, which closes on a high-pressure signal from the pressure sensor required by 33 CFR 154.2103(f), located in the liquid bypass loop downstream of the pig-receiving device; (4) An interlock with the main cargo line manual block valve so that line-clearing operations cannot begin unless the main cargo line manual block valve is closed; and (5) An automatic means to detect arrival of the pig at the pig-receiving device. (b) If a cargo line clearance system without using pigging is used to clear cargo in the cargo lines to the tank vessel while the vessel is connected to the facility VCS, the cargo line clearance system must be approved by the Commandant. | ||||
| 33:33:2.0.1.5.21.11.172.18 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2105 Fire, explosion, and detonation protection. | USCG | This section applies only to facilities that control vapors of flammable, combustible, or non-high flash point liquid cargoes. (a) A vapor control system (VCS) with a single facility vapor connection that receives inerted cargo vapor from a vessel and processes it with a vapor recovery unit must— (1) Be capable of inerting the vapor collection line in accordance with 33 CFR 154.2107(a) before receiving the vessel's vapor and have at least one oxygen analyzer, which satisfies the requirements of 33 CFR 154.2107(f)(1) and (2), (g), and (h)(2) and (3), sampling the vapor concentration continuously at a point as close as practicable to the facility vapor connection. The total pipe length between the analyzer and the facility vapor connection must not exceed 6 meters (19.7 feet); or (2) Have a detonation arrester located as close as practicable to the facility vapor connection. The total pipe length between the detonation arrester and the facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source. (b) A VCS with a single facility vapor connection that receives only inerted cargo vapor from a vessel and processes it with a vapor destruction unit must— (1) Satisfy the requirements of paragraph (a)(1) of this section and have a detonation arrester located as close as practicable to the facility vapor connection. The oxygen analyzer required by paragraph (a)(1) can be located 4 meters (13.1 feet) downstream of the detonation arrester. The total pipe length between the detonation arrester and the facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source; or (2) Have an inerting system that meets the requirements of 33 CFR 154.2107. (c) A VCS with a single facility vapor connection that rec… | ||||
| 33:33:2.0.1.5.21.11.172.19 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2106 Detonation arresters installation. | USCG | This section applies only to facilities collecting vapors of flammable, combustible, or non-high flash point liquid cargoes. (a) Detonation arresters must be installed in accordance with the guidelines outlined in the arrester manufacturer's acceptance letter provided by the Coast Guard. (b) On either side of a detonation arrester, line size expansions must be in a straight pipe run and must be no closer than 120 times the pipe's diameter from the detonation arrester unless the manufacturer has test data to show the expansion can be closer. | ||||
| 33:33:2.0.1.5.21.11.172.20 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2107 Inerting, enriching, and diluting systems. | USCG | This section applies only to facilities that control vapors of flammable, combustible, or non-high flash point liquid cargoes. (a) Before receiving cargo vapor, a vapor control system (VCS) that uses a gas for inerting, enriching, or diluting must be capable of inerting, enriching, or diluting the vapor collection system, at a minimum of two system volume exchanges of inerting, enriching, or diluting gas, downstream of the injection point. (b) A VCS that uses an inerting, enriching, or diluting system must be equipped, except as permitted by 33 CFR 154.2105(a), with a gas injection and mixing arrangement located as close as practicable to the facility vapor connection and no closer than 10 meters (32.8 feet) upstream from the vapor processing unit or the vapor-moving device that is not protected by a detonation arrester required by 33 CFR 154.2108(b). The total pipe length between the arrangement and the facility vapor connection must not exceed 22 meters (72.2 feet). The arrangement must be such that it provides complete mixing of the gases within 20 pipe diameters of the injection point. The vapor piping between the arrangement and the facility vapor connection must be protected from any potential internal or external ignition source. (c) A VCS that uses an inerting or enriching system may not be operated at a vacuum after the injection point unless— (1) There are no vacuum relief valves or other devices that could allow air into the vapor collection system downstream of the injection point, and pipe connections are flanged, threaded, or welded so no air can leak into the VCS; or (2) An additional analyzer is used to monitor the vapor concentration downstream of such device and a mechanism is provided to inject additional inerting or enriching gas. (d) A VCS that uses analyzers to control the amount of inerting, enriching, or diluting gas injected into the vapor collection line must be equipped with at least two analyzers. The analyzers must be connected so that— (1) When two oxygen analyzers are used, t… | ||||
| 33:33:2.0.1.5.21.11.172.21 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2108 Vapor-moving devices. | USCG | (a) Paragraphs (b) and (e) of this section apply only to facilities collecting vapors of flammable, combustible, or non-high flash point liquid cargoes. (b) Each inlet and outlet to a vapor-moving device that handles vapor that has not been inerted, enriched, or diluted in accordance with 33 CFR 154.2107 must be fitted with a detonation arrester; however, the outlet detonation arrester may be omitted if the vapor-moving device is within 50 times the pipe's diameter of the detonation arrester required by 33 CFR 154.2109(a). (c) If the vapor is handled by a reciprocating or screw-type compressor in the vapor collection system, the compressor must be installed with indicators and audible and visible alarms to warn against the following conditions: (1) Excessive gas temperature at the compressor outlet; (2) Excessive cooling water temperature; (3) Excessive vibration; (4) Low lube oil level; (5) Low lube oil pressure; and (6) Excessive shaft bearing temperature. (d) If the vapor is handled by a liquid ring-type compressor in the vapor collection system, it must be installed with indicators and audible and visible alarms to warn against the following conditions: (1) Low level of liquid sealing medium; (2) Lack of flow of the liquid sealing medium; (3) Excessive temperature of the liquid sealing medium; (4) Low lube oil level; (5) Low lube oil pressure, if pressurized lubricating system; and (6) Excessive shaft bearing temperature. (e) If the vapor is handled by a centrifugal compressor, fan, or lobe blower in the vapor collection system, construction of the blades or housing must be one of the following: (1) Blades or housing of nonmetallic construction; (2) Blades and housing of nonferrous material; (3) Blades and housing of corrosion resistant steel; (4) Ferrous blades and housing with one-half inch or more design tip clearance; (5) Nonferrous blades and ferrous housing with one-half inch or more design tip clearance; or (6) Blades of aluminum or magnesium alloy and a ferrous housing with a non… | ||||
| 33:33:2.0.1.5.21.11.172.22 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2109 Vapor recovery and vapor destruction units. | USCG | Paragraphs (a), (b), and (e) of this section apply only to facilities collecting vapors of flammable, combustible, or non-high flash point liquid cargoes. (a) The inlet to a vapor recovery unit that receives vapor that has not been inerted, enriched, or diluted in accordance with 33 CFR 154.2107 must be fitted with a detonation arrester. (b) The inlet to a vapor destruction unit must— (1) Have a liquid seal that meets the requirements of paragraph (e) of this section, except as specified by paragraph (b)(3) of this section; and (2) Have two quick-closing stop valves installed in the vapor line. One of them must be installed upstream of the detonation arrester required by paragraph (c)(2) of this section. The quick-closing stop valves must— (i) Close within 30 seconds after detection of a condition that requires the closing of these two quick-closing stop valves by a control component required by this subpart for a vapor control system (VCS) with a vapor destruction unit; (ii) Close automatically if the control signal is lost; (iii) Have a local valve position indicator or be designed so that the valve position is readily determined from the valve handle or valve stem position; and (iv) If the valve seat is fitted with resilient material, be a Category A valve as defined by 46 CFR 56.20-15 and not allow appreciable leakage when the resilient material is damaged or destroyed; and (3) Instead of a liquid seal as required by paragraph (b)(1) of this section, have the following: (i) An anti-flashback burner accepted by the Commandant and installed at each burner within the vapor destruction unit; and (ii) A differential pressure sensor that activates the quick-closing stop valves as required by paragraph (b)(2) of this section upon sensing a reverse flow condition. (c) A vapor destruction unit must— (1) Not be within 30 meters (98.8 feet) of any tank vessel berth or mooring at the facility; (2) Have a detonation arrester fitted in the inlet vapor line; and (3) Activate an alarm that satisfies the requir… | ||||
| 33:33:2.0.1.5.21.11.172.23 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2110 Vapor balancing requirements. | USCG | Paragraphs (a)(2) and (4), (b), and (c) of this section apply only to facilities transferring vapors of flammable, combustible, or non-high flash point liquid cargoes. (a) A vapor control system (VCS) that uses a vapor balancing system in which cargo vapor is transferred from a vessel cargo tank or facility storage tank through the facility vapor collection system to a facility storage tank or vessel cargo tank must— (1) Have facility storage tank high-level alarm systems and facility storage tank overfill control systems, independent of the high-level alarm system, arranged to prevent the cargo from entering the vapor return line; (2) Have a detonation arrester located within the storage tank containment area and a detonation arrester located as close as practicable to the facility vapor connection. The total pipe length between the detonation arrester and the facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source; (3) Meet the overpressure and over-vacuum protection requirements of 33 CFR 154.2103; and (4) As an alternative to paragraph (a)(2) of this section, inert cargo systems can meet the requirements of 33 CFR 2105(a)(1). (b) A vapor balancing system, while in operation to transfer vapor to or from a vessel cargo tank and connected by way of the facility storage tank vent to a facility's main VCS with a vapor destruction unit, must have— (1) A means to prevent backflow of vapor from the facility's main VCS to the marine vapor line; and (2) Two fail-safe, quick-closing valves installed in the marine vapor line at the facility storage tank that automatically close when— (i) Flame is detected on the facility storage tank; or (ii) The temperature of the facility storage tank's vapor space reaches 177 °C (350 °F) or 70 percent of the vapor's auto-ignition temperature in degrees Celsius, whichever is lower. (c) Transferring vapor from… | ||||
| 33:33:2.0.1.5.21.11.172.24 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2111 Vapor control system connected to a facility's main vapor control system. | USCG | (a) When a marine vapor control system (VCS), or a marine vapor collection system, is connected to a facility's main VCS serving other facility processing areas that are not related to tank vessel operations, the marine vapor line, before the point where the marine VCS connects to the facility's main VCS, must be fitted with— (1) A detonation arrester, unless both the marine VCS and the facility's main VCS only control vapors of cargoes that are non-flammable, non-combustible, or that have high flashpoints; (2) Two fail-safe, quick closing valves, one on each side of any detonation arrester required by paragraph (a)(1) of this section, which automatically close when— (i) A flame is detected on the detonation arrester; (ii) The facility's marine VCS is not in operation; or (iii) Vapor back flow to the marine vapor line is detected; and (3) A means to prevent backflow of vapors to the marine vapor line. (b) Vapors from facility processing areas unrelated to tank vessel operations must not enter the vapor line of a marine VCS before the devices required by paragraph (a) of this section. (c) Except as specified by paragraph (d) of this section, a facility that wants to connect a facility vapor line, which collects vapor from other facility processing areas that are not related to tank vessel operations, to a marine VCS before the devices required by 33 CFR 154.2109(b)(1) and (2) and (c)(2), must receive approval in writing from the Commandant. (d) A facility may connect a facility vapor line, which collects vapor from other facility processing areas that are not related to tank vessel operations, to a marine vapor line downstream of the devices required by 33 CFR 154.2109(b)(1) and (2) and (c)(2) to share the marine vapor destruction unit. | ||||
| 33:33:2.0.1.5.21.11.172.25 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2112 Vapors with potential to polymerize or freeze—Special requirements. | USCG | (a) A vapor control system (VCS) that controls vapors with the potential to polymerize at a normal ambient condition must— (1) Be designed to prevent condensation of monomer vapor. Methods such as heat tracing and insulation are permitted if they do not result in an increased risk of polymerization; (2) Be designed so that polymerization can be detected. Any points suspected of being sites for potential polymerization buildup must be equipped with inspection openings; and (3) Include devices to measure the pressure drop across detonation arresters due to polymerization. The devices should activate an alarm on high pressure drop to warm of polymerization. Any device used for this purpose, including differential pressure monitors, must not have the capability of transmitting a detonation across the detonation arrester. (b) A VCS that controls cargo vapors that potentially freeze at ambient temperature must have a design that prevents the freezing of vapors or condensate at ambient temperature or that detects and removes the liquid condensate and solids to prevent accumulation. | ||||
| 33:33:2.0.1.5.21.11.172.26 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2113 Alkylene oxides—Special requirements. | USCG | A vapor control system (VCS) that controls vapors of an alkylene oxide, except for carriage under 46 CFR part 151 (listed in Table 151.05 with “Pressure” entry in the “Cargo identification, Pressure, b” column), must comply with paragraphs (a) and (b) of this section. (a)(1) The VCS's equipment, hoses, piping, and all piping components, including valves, flanges, and fittings, must be of a type and constructed out of materials suitable for use with alkylene oxide; (2) The VCS used for collecting an alkylene oxide vapor must not be used for collecting other vapors and must be separated from any other VCS, except as specified by paragraph (b) of this section; and (b) The VCS must be adequately cleaned in accordance with 33 CFR 154.2150(p) and either recertified by a certifying entity or approved by a marine chemist if— (1) The VCS is used to control other vapors; or (2) The VCS is returned to alkylene oxide service after being used to control other cargo vapors. | ||||
| 33:33:2.0.1.5.21.11.173.27 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2150 General requirements. | USCG | (a) No transfer operation using a vapor control system (VCS) may be conducted unless the facility operator has a copy of the facility operations manual, with the VCS addendum, marked by the local Coast Guard Captain of the Port (COTP) as required by 33 CFR 154.325(d). (b) Personnel in charge of a facility must ensure that— (1) The facility controls vapor only from cargoes that are properly authorized for vapor control in the facility's certification letter; (2) The facility transfers vapor only to or from a vessel that has its certificate of inspection or certificate of compliance endorsed in accordance with 46 CFR 39.1013 or 46 CFR 39.1015 for each cargo intended for transfer; and (3) If the vessel tanks to be vapor controlled contain vapor from previous cargo transfers other than the cargo or cargoes intended for transfer, the facility and vessel must be authorized to control the additional vapor from the previous cargo transfers. Any oxygen or hydrocarbon analyzer alarm and shutdown setpoints must be set to accommodate all of the cargo vapors. (c) The facility personnel in charge must ensure that safety system testing is conducted as follows: (1) Pressure sensors, alarms, and automatic shutdown systems required by 33 CFR 154.2103, 154.2107, and 154.2110, except as exempted by paragraph (c)(2) or specified by paragraph (c)(3) of this section, must be tested by applying altering test pressures at the sensors not more than 24 hours before each transfer; (2) The pressure sensors required by 33 CFR 154.2103 may meet the requirements of the test program contained in 33 CFR 154.2180 and 33 CFR 154.2181 instead of the current program, which mandates tests within 24 hours before each transfer as required by paragraph (c)(1) of this section; (3) Visible and audible alarm indicators must be tested not more than 24 hours before each transfer; (4) The analyzers, except for flammability analyzers, required by 33 CFR 154.2105, 154.2107, and 154.2110, except as exempted by paragraph (c)(5) of this section, must be ch… | ||||
| 33:33:2.0.1.5.21.11.174.28 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2180 Alternative testing program—Generally. | USCG | (a) As an alternative to complying with the vapor control system (VCS) analyzer and pressure sensor safety testing requirements provided by 33 CFR 154.2150(c) and 33 CFR 154.2250(c), the facility person in charge may administer a reliability assurance test program in accordance with this section and 33 CFR 154.2181. (b) As used in this section— (1) Calibration drift or CD means the difference in the analyzer output readings from the established reference value after a stated period of operation during which no unscheduled maintenance, repair, or adjustment took place; (2) Calibration error or CE means the difference between the gas concentration exhibited by the gas analyzer and the known concentration of the cylinder gas; (3) Response time or RT means the time interval between the start of a step change in the system input (e.g., change of calibration gas) and the time when the data recording system displays 95 percent of the final stable value; and (4) Sampling system bias or SSB means the difference between the gas concentrations indicated by the measurement system when a known cylinder gas is introduced at or near the sampling probe and when the same gas is introduced directly to the analyzer. (c) All analyzers used in a VCS must be tested for safety system functions, CE, CD, RT, and SSB, in accordance with 33 CFR 154.2181. (d) All pressure sensors/switches used in a VCS must be tested for safety system functions, CE and CD, in accordance with 33 CFR 154.2181. (e) The facility person in charge must ensure the following: (1) Calibration of instrumentation using standard procedures provided by the manufacturer or service provider; (2) Monitoring of all interlocks, alarms, and recording devices for proper operation while instrumentation is being calibrated; (3) Use of a certified gas standard that is within plus or minus two (2) percent of its certified concentration to calibrate the analyzers; and (4) Use of a certified secondary standard that is standardized against a primary standa… | ||||
| 33:33:2.0.1.5.21.11.174.29 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2181 Alternative testing program—Test requirements. | USCG | (a) The safety system function test required by 33 CFR 154.2180 must be performed once every two weeks and test for the proper operation and interaction of the analyzer or pressure sensor/switch with shutdown interlocks, and audible and visible alarm devices. (b) The calibration error (CE) test required by 33 CFR 154.2180 must be performed once every month and documented as shown in Forms 154.2181(b)(2) and 154.2181(b)(3) of this section, to document the accuracy and linearity of the monitoring equipment for the entire measurement range. (1) The CE test must expose the measurement system, including all monitoring components (e.g., sample lines, filters, scrubbers, conditioners, and as much of the probe as practicable), to the calibration gases, introduced through an injection port located so as to allow a check of the entire measurement system when calibration gases are introduced; (2) The CE test must check the calibrated range of each analyzer using a lower (zero) and upper (span) reference gas standard. Three measurements must be taken against each standard and recorded as shown in Form 154.2181(b)(2) of this section, with the average of the three values in each case then used to calculate the CE according to this equation (where CE = percentage calibration error based upon span of the instrument, R = reference value of zero or high-level calibration gas introduced into the monitoring system, A = actual monitoring system response to the calibration gas, and S = span of the instrument): (3) The CE test must check each pressure sensor/switch for upscale (activate) and downscale (deactivate) hysteresis around the sensor/switch set pressure. The calibration error must be calculated and recorded as shown in Form 154.2181(b)(3) of this section. Test the pressure sensor/switch three times and record the desired setting and the as-found set pressure. Calculate and record the difference of the two settings. Calculate the error percentage using this equation (where CE = percentage calibration error based upon span o… | ||||
| 33:33:2.0.1.5.21.11.175.30 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2200 Applicable transfer facility design and installation requirements. | USCG | A tank barge cleaning facility's (TBCF's) vapor control system (VCS) must meet the following design and installation requirements of this subpart for a transfer facility's VCS: (a) 33 CFR 154.2100(b), (c), (f), (g), (i), (j), and (k): general design and installation requirements; (b) 33 CFR 154.2102: facility requirements for vessel liquid overfill protection, if a TBCF receives vapor from a tank barge that is required by 46 CFR 39.6001(f)(3) to be equipped with a liquid overfill protection arrangement and meet 46 CFR 39.2009; (c) 33 CFR 154.2106: detonation arrester installation; (d) 33 CFR 154.2107: inerting, enriching, and diluting systems; (e) 33 CFR 154.2108: vapor-moving devices; (f) 33 CFR 154.2109: vapor recovery and vapor destruction units; (g) 33 CFR 154.2111: VCS connected to a facility's main VCS; (h) 33 CFR 154.2112: special requirements for vapors with the potential to polymerize or freeze; and (i) 33 CFR 154.2113: special requirements for alkylene oxides. | ||||
| 33:33:2.0.1.5.21.11.175.31 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2201 Vapor control system—general requirements. | USCG | (a) Vapor control system (VCS) design and installation must eliminate potential overpressure and vacuum hazards, sources of ignition, and mechanical damage to the maximum practicable extent. Each remaining hazard source that is not eliminated must be specifically addressed in the protection system design and system operational requirements. (b) Any pressure, flow, or concentration indication required by this part must provide a remote indicator on the facility where the VCS is controlled, unless the local indicator is clearly visible and readable from the operator's normal position at the VCS control station. (c) Any condition requiring an alarm as specified in this part must activate an audible and visible alarm where the VCS is controlled. (d) A mechanism must be developed and used to eliminate any liquid from the VCS. (e) A liquid knockout vessel must be installed between the facility vapor connection and any vapor-moving device in systems that have the potential for two-phase (vapor/liquid) flow from the barge or the potential for liquid condensate to form as a result of the enrichment process. The liquid knockout vessel must have— (1) A means to indicate the level of liquid in the device; (2) A high liquid level sensor that activates an alarm that satisfies the requirements of 33 CFR 154.2100(e); and (3) A high-high liquid level sensor that closes the remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a) and shuts down any vapor-moving device before liquid is carried over to the vapor-moving device. One sensor with two stages may be used to meet this requirement as well as paragraph (e)(2) of this section. | ||||
| 33:33:2.0.1.5.21.11.175.32 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2202 Vapor line connections. | USCG | (a) 33 CFR 154.2101(a), (e), and (g) apply to a tank barge cleaning facility's (TBCF's) vapor control system (VCS). (b) The remotely operated cargo vapor shutoff valve required by 33 CFR 154.2101(a) must be located upstream of the liquid knockout vessel required by 33 CFR 154.2201(e). (c) A fluid displacement system must have a remotely operated shutoff valve installed in the fluid injection supply line between the point where the inert gas or other medium is generated and the fluid injection connection. The valve must comply with 33 CFR 154.2101(a)(1) through (6). (d) Each hose used for transferring vapors must— (1) Have a design burst pressure of at least 25 pounds per square inch gauge (psig); (2) Have a maximum allowable working pressure (MAWP) no less than 5 psig; (3) Be capable of withstanding at least the maximum vacuum rating of the vapor-moving device without collapsing or constricting; (4) Be electrically continuous, with a maximum resistance of 10,000 ohms; (5) Have flanges with a bolthole arrangement complying with the requirements for Class 150 ANSI B16.5 flanges (incorporated by reference, see 33 CFR 154.106); (6) Be abrasion and kinking resistant; and (7) Be compatible with vapors being transferred. (e) Fixed vapor collection arms must meet the requirements of paragraph (d) of this section. | ||||
| 33:33:2.0.1.5.21.11.175.33 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2203 Facility requirements for barge vapor overpressure and vacuum protection. | USCG | In this section, the requirements of having a flame arrester or a flame screen at the opening of a pressure relief valve or a vacuum relief valve apply only to facilities collecting vapors of flammable, combustible, or non-high flash point liquid cargoes. (a) A facility vapor collection system must have a capacity for collecting cleaning facility vapors at a rate of no less than 1.1 times the facility's maximum allowable gas-freeing rate, plus any inerting, diluting, or enriching gas that may be added to the system. (b) A facility vapor control system (VCS) must be designed to prevent the pressure in a vessel's cargo tanks from going below 80 percent of the highest setting of any of the barge's vacuum relief valves or exceeding 80 percent of the lowest setting of any of the barge's pressure relief valves. The VCS must be capable of maintaining the pressure in the barge's cargo tanks within this range at any gas-freeing rate less than or equal to the maximum gas-freeing rate determined by the requirements in 46 CFR 39.6007(c). (c) A fluid displacement system must provide a pressure-sensing device that activates an alarm that satisfies the requirements of 33 CFR 154.2100(e) when the pressure at the fluid injection connection exceeds either the pressure corresponding to the upper pressure determined in paragraph (b) of this section or a lower pressure agreed upon by the facility and barge persons in charge. The pressure-sensing device must be located in the fluid displacement system's piping downstream of any devices that could potentially isolate the barge's vapor collection system from the pressure-sensing device. The pressure measured by the sensing device must be corrected for pressure drops across any barge piping, hoses, or arms that are used to inject the fluid. (d) A fluid displacement system must provide a pressure-sensing device that is independent of the device required by paragraph (c) of this section. This pressure-sensing device must activate the fluid displacement system emergency shutdown and clo… | ||||
| 33:33:2.0.1.5.21.11.175.34 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2204 Fire, explosion, and detonation protection. | USCG | This section applies to tank barge cleaning facilities (TBCFs) collecting vapors of flammable, combustible, or non-high flash point liquid cargoes. (a) A vapor control system (VCS) with a single facility vapor connection that processes vapor with a vapor recovery unit must— (1) Have a detonation arrester located as close as practicable to the facility vapor connection. The total pipe length between the detonation arrester and the facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source; or (2) Have an inerting, enriching, or diluting system that meets the requirements of 33 CFR 154.2107. (b) A VCS with a single facility vapor connection that processes vapor with a vapor destruction unit must— (1) Have a detonation arrester located as close as practicable to the facility vapor connection. The total pipe length between the detonation arrester and the facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source; and (2) Have an inerting, enriching, or diluting system that meets the requirements of 33 CFR 154.2107. (c) A VCS with multiple facility vapor connections that processes vapor with a vapor recovery unit must have a detonation arrester located as close as practicable to each facility vapor connection. The total pipe length between the detonation arrester and each facility vapor connection must not exceed 18 meters (59.1 feet) and the vapor piping between the detonation arrester and the facility vapor connection must be protected from any potential internal or external ignition source. (d) A VCS with multiple facility vapor connections that processes vapor with a vapor destruction unit must— (1) Have a detonation arrester located as close as practicable to each facility vapor… | ||||
| 33:33:2.0.1.5.21.11.176.35 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | P | Subpart P—Marine Vapor Control Systems | § 154.2250 General requirements. | USCG | (a) No tank barge cleaning operation using a vapor control system (VCS) may be conducted unless the facility operator has a copy of the facility operations manual, with the VCS addendum, marked by the local Coast Guard Captain of the Port (COTP) as required by 33 CFR 154.325(d). (b) The facility person in charge must ensure that a facility can receive vapors only from a barge with a VCS that has been approved by the Coast Guard Marine Safety Center as meeting the requirements of 46 CFR 39.6000. (c) The facility person in charge must ensure that safety system tests are conducted as follows: (1) Pressure sensors, alarms, and automatic shutdown systems required by 33 CFR 154.2203, except as exempted by paragraph (c)(2) or as specified by paragraph (c)(3) of this section, must be tested by applying altering test pressures at the sensors not more than 24 hours before each cleaning operation; (2) The pressure sensors required by 33 CFR 154.2203 may meet the test program in accordance with 33 CFR 154.2180 and 33 CFR 154.2181 instead of the test within 24 hours before each cleaning operation as required by paragraph (c)(1) of this section; (3) Visible and audible alarm indicators must be tested not more than 24 hours before each cleaning operation; (4) The analyzers, except for flammability analyzers, required by 33 CFR 154.2105(j) and 154.2107, except as exempted by paragraph (c)(5) of this section, must be checked for calibration response by use of a zero gas and a span gas not more than 24 hours before each cleaning operation; (5) The analyzers required by 33 CFR 154.2105(j) and 154.2107 may be checked for calibration response by use of a zero gas and a span gas as defined by the test program contained in 33 CFR 154.2180 and 33 CFR 154.2181, and comply with the minimum requirements as defined in 33 CFR 154.2180 and 33 CFR 154.2181, instead of as provided by paragraph (c)(4) of this section; and (6) The vacuum and pressure relief valves required by 33 CFR 154.2203 must be manually checked per manufacturers' ins… | ||||
| 33:33:2.0.1.5.21.2.168.1 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | B | Subpart B—Operations Manual | § 154.300 Operations manual: General. | USCG | [CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36253, Sept. 4, 1990; CGD 93-056, 61 FR 41458, Aug. 8, 1996; USCG-2020-0315, 86 FR 43940, Aug. 11, 2021] | (a) The facility operator of each facility to which this part applies must submit to the COTP of the zone(s) in which the facility operates, with the letter of intent, an Operations Manual in printed or electronic format that: (1) Describes how the applicant meets the operating rules and equipment requirements prescribed by this part and part 156 of this chapter; (2) Describes the responsibilities of personnel under this part and part 156 of this chapter in conducting transfer operations; and (3) Includes translations into a language or languages understood by all designated persons in charge of transfer operations employed by the facility. (4) After September 10, 2021, includes a date, revision date, or other revision-specific identifying information. (b) The facility operator must maintain the operations manual so that it is: (1) Current; and (2) Readily available for examination by the COTP. (c) The COTP must examine the Operations Manual when submitted, after any substantial amendment, and as otherwise required by the COTP. (d) In determining whether the manual meets the requirements of this part and part 156 of this chapter, the COTP will consider the products transferred, and the size, complexity, and capability of the facility. (e) If the manual meets the requirements of this part and part 156 of this chapter, the COTP will provide notice to the facility stating the manual has been examined by the Coast Guard as described in § 154.325. The notice will include the date, revision date of the manual, or other revision-specific identifying information. (f) The facility operator must ensure printed or electronic copies of the most recently examined Operations Manual, including any translations required by paragraph (a)(3) of this section, are readily available for each facility person in charge while conducting a transfer operation. Electronic devices used to display the manual must comply with applicable electrical safety standards in this part; The facility operator may request that the contents o… | |||
| 33:33:2.0.1.5.21.2.168.2 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | B | Subpart B—Operations Manual | § 154.310 Operations manual: Contents. | USCG | [CGD 75-124, 45 FR 7171, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 25428, June 21, 1990; CGD 86-034, 55 FR 36253, Sept. 4, 1990; CGD 92-027, 58 FR 39662, July 26, 1993; CGD 93-056, 61 FR 41459, Aug. 8, 1996; USCG-2006-25150, 71 FR 39209, July 12, 2006; USCG-1999-5150, 78 FR 42617, July 16, 2013] | (a) Each operations manual required by § 154.300 must contain: (1) The geographic location of the facility; (2) A physical description of the facility including a plan and/or plans, maps, drawings, aerial photographs or diagrams, showing the boundaries of the facility subject to Coast Guard jurisdiction, mooring areas, transfer locations, control stations, wharfs, the extent and scope of the piping subject to the tests required by § 156.170(c)(4) of this chapter, and the locations of safety equipment. For mobile facilities, a physical description of the facility; (3) The hours of operation of the facility; (4) The sizes, types, and number of vessels that the facility can transfer oil or hazardous material to or from simultaneously; (5) For each product transferred at the facility: (i) Generic or chemical name; and (ii) The following cargo information: ( a ) The name of the cargo as listed under appendix II of annex II of MARPOL 73/78, Table 30.25-1 of 46 CFR 30.25-1, Table 151.05 of 46 CFR 151.05-1, or Table 1 of 46 CFR part 153. ( b ) A description of the appearance of the cargo; ( c ) A description of the odor of the cargo; ( d ) The hazards involved in handling the cargo; ( e ) Instructions for safe handling of the cargo; ( f ) The procedures to be followed if the cargo spills or leaks, or if a person is exposed to the cargo; and ( g ) A list of fire fighting procedures and extinguishing agents effective with fires involving the cargo. (6) The minimum number of persons on duty during transfer operations and their duties; (7) The name and telephone number of the qualified individual identified under § 154.1026 of this part and the title and/or position and telephone number of the Coast Guard, State, local, and other personnel who may be called by the employees of the facility in an emergency; (8) The duties of watchmen, required by § 155.810 of this chapter and 46 CFR 35.05-15, for unmanned vessels moored at the facility; (9) A description of each communication system required by this part; (… | |||
| 33:33:2.0.1.5.21.2.168.3 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | B | Subpart B—Operations Manual | § 154.320 Operations manual: Amendment. | USCG | [CGD 75-124, 45 FR 7171, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36253, Sept. 4, 1990; CGD 93-056, 61 FR 41459, Aug. 8, 1996; USCG-2020-0315, 86 FR 43940, Aug. 11, 2021] | (a) Using the following procedures, the COTP may require the facility operator to amend the operations manual if the COTP finds that the operations manual does not meet the requirements in this subchapter: (1) The COTP will notify the facility operator in writing of any inadequacies in the Operations Manual. The facility operator may submit information, views, and arguments regarding the inadequacies identified, and proposals for amending the Manual, in print or electronically, within 45 days from the date of the COTP notice. After considering all relevant material presented, the COTP will notify the facility operator of any amendment required or adopted, or the COTP will rescind the notice. The amendment becomes effective 60 days after the facility operator receives the notice, unless the facility operator petitions the Commandant to review the COTP's notice, in which case its effective date is delayed pending a decision by the Commandant. Petitions to the Commandant must be submitted in writing via the COTP who issued the requirement to amend the Operations Manual. (2) If the COTP finds that there is a condition requiring immediate action to prevent the discharge or risk of discharge of oil or hazardous material that makes the procedure in paragraph (a)(1) of this section impractical or contrary to the public interest, the COTP may issue an amendment effective on the date the facility operator receives notice of it. In such a case, the COTP will include a brief statement of the reasons for the findings in the notice. The owner or operator may petition the Commandant to review the amendment, but the petition does not delay the amendment. (b) The facility operator may propose amendments to the operations manual by: (1) Submitting any proposed amendment and reasons for the amendment to the COTP in printed or electronic format not less than 30 days before the requested effective date of the proposed amendment; or (2) If an immediate amendment is needed, requesting the COTP to examine the amendment immediately.… | |||
| 33:33:2.0.1.5.21.2.168.4 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | B | Subpart B—Operations Manual | § 154.325 Operations manual: Procedures for examination. | USCG | [CGD 93-056, 61 FR 41459, Aug. 8, 1996, as amended by USCG-2020-0315, 86 FR 43941, Aug. 11, 2021] | (a) Not less than 60 days prior to the first transfer operation, the operator of a new facility must submit, with the letter of intent, an Operations Manual in printed or electronic format to the COTP of the zone(s) in which the facility is located. (b) After a facility is removed from caretaker status, not less than 30 days prior to the first transfer operation, the operator of that facility must submit an Operations Manual in printed or electronic format to the COTP of the zone in which the facility is located, unless the manual has been previously examined and no changes have been made since the examination. (c) If the COTP finds that the Operations Manual meets the requirements of this part and part 156 of this chapter, the COTP will provide notice to the facility stating the manual has been examined by the Coast Guard. The notice will include the date, revision date of the manual, or other revision-specific identifying information. (d) If the COTP finds that the Operations Manual does not meet the requirements of this part or part 156 of this subchapter, the COTP will notify the facility with an explanation of why the manual does not meet the requirements of this subchapter. (e) No person may use any Operations Manual for transfer operations as required by this chapter unless the Operations Manual has been examined by the COTP. (f) The Operations Manual is voided if the facility operator— (1) Amends the Operations Manual without following the procedures in § 154.320 of this part; (2) Fails to amend the Operations Manual when required by the COTP; or (3) Notifies the COTP in writing that the facility will be placed in caretaker status. | |||
| 33:33:2.0.1.5.21.3.168.1 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | C | Subpart C—Equipment Requirements | § 154.500 Hose assemblies. | USCG | [USCG-1999-5150, 78 FR 42617, July 16, 2013] | Each hose assembly used for transferring oil or hazardous material must meet the following requirements: (a) The minimum design burst pressure for each hose assembly must be at least four times the sum of the pressure of the relief valve setting (or four times the maximum pump pressure when no relief valve is installed) plus the static head pressure of the transfer system, at the point where the hose is installed. (b) The maximum allowable working pressure (MAWP) for each hose assembly must be more than the sum of the pressure of the relief valve setting (or the maximum pump pressure when no relief valve is installed) plus the static head pressure of the transfer system, at the point where the hose is installed. (c) Each nonmetallic hose must be usable for oil or hazardous material service. (d) Each hose assembly must either have— (1) Full threaded connections; (2) Flanges that meet ANSI B16.5 or ANSI B16.24 (both incorporated by reference, see 33 CFR 154.106); or (3) Quick-disconnect couplings that meet ASTM F1122 (incorporated by reference, see 33 CFR 154.106). (e) Each hose must be marked with one of the following: (1) The name of each product for which the hose may be used; or (2) For oil products, the words “OIL SERVICE”; or (3) For hazardous materials, the words “HAZMAT SERVICE—SEE LIST” followed immediately by a letter, number or other symbol that corresponds to a list or chart contained in the facility's operations manual or the vessel's transfer procedure documents which identifies the products that may be transferred through a hose bearing that symbol. (f) Each hose also must be marked with the following, except that the information required by paragraphs (f)(2) and (3) of this section need not be marked on the hose if it is recorded in the hose records of the vessel or facility, and the hose is marked to identify it with that information: (1) Maximum allowable working pressure; (2) Date of manufacture; and (3) Date of the latest test required by 33 CFR 156.170. (g) The hose burst pressu… | |||
| 33:33:2.0.1.5.21.3.168.10 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | C | Subpart C—Equipment Requirements | § 154.570 Lighting. | USCG | [CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36253, Sept. 4, 1990] | (a) Except as provided in paragraph (c) of this section, for operations between sunset and sunrise, a facility must have fixed lighting that adequately illuminates: (1) Each transfer connection point on the facility; (2) Each transfer connection point in use on any barge moored at the facility to or from which oil or hazardous material is being transferred; (3) Each transfer operations work area on the facility; and (4) Each transfer operation work area on any barge moored at the facility to or from which oil or hazardous material is being transferred. (b) Where the illumination is apparently inadequate, the COTP may require verification by instrument of the levels of illumination. On a horizontal plane 3 feet above the barge deck or walking surface, illumination must measure at least: (1) 5.0 foot candles at transfer connection points; and (2) 1.0 foot candle in transfer operations work areas. (c) For small or remote facilities, the COTP may authorize operations with an adequate level of illumination provided by the vessel or by portable means. (d) Lighting must be located or shielded so as not to mislead or otherwise interfere with navigation on the adjacent waterways. | |||
| 33:33:2.0.1.5.21.3.168.2 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | C | Subpart C—Equipment Requirements | § 154.510 Loading arms. | USCG | [CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36253, Sept. 4, 1990; USCG-2001-8661, 74 FR 45022, Aug. 31, 2009] | (a) Each mechanical loading arm used for transferring oil or hazardous material and placed into service after June 30, 1973, must meet the design, fabrication, material, inspection, and testing requirements in ANSI B31.3 (incorporated by reference; see § 154.106). (b) The manufacturer's certification that the standard in paragraph (a) of this section has been met must be permanently marked on the loading arm or recorded elsewhere at the facility with the loading arm marked to identify it with that information. (c) Each mechanical loading arm used for transferring oil or hazardous material must have a means of being drained or closed before being disconnected after transfer operations are completed. | |||
| 33:33:2.0.1.5.21.3.168.3 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | C | Subpart C—Equipment Requirements | § 154.520 Closure devices. | USCG | [CGD 93-056, 61 FR 41459, Aug. 8, 1996] | (a) Except as provided in paragraph (b) of this section, each facility to which this part applies must have enough butterfly valves, wafer-type resilient seated valves, blank flanges, or other means acceptable to the COTP to blank off the ends of each hose or loading arm that is not connected for the transfer of oil or hazardous material. Such hoses and/or loading arms must be blanked off during the transfer of oil or hazardous material. A suitable material in the joints and couplings shall be installed on each end of the hose assembly or loading arm not being used for transfer to ensure a leak-free seal. (b) A new, unused hose, and a hose that has been cleaned and is gas free, is exempt from the requirements of paragraph (a) of this section. | |||
| 33:33:2.0.1.5.21.3.168.4 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | C | Subpart C—Equipment Requirements | § 154.525 Monitoring devices. | USCG | [CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36253, Sept. 4, 1990] | The COTP may require the facility to install monitoring devices if the installation of monitoring devices at the facility would significantly limit the size of a discharge of oil or hazardous material and either: (a) The environmental sensitivity of the area requires added protection; (b) The products transferred at the facility pose a significant threat to the environment; or (c) The size or complexity of the transfer operation poses a significant potential for a discharge of oil or hazardous material. | |||
| 33:33:2.0.1.5.21.3.168.5 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | C | Subpart C—Equipment Requirements | § 154.530 Small discharge containment. | USCG | [CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996] | (a) Except as provided in paragraphs (c), (d), and (e) of this section, each facility to which this part applies must have fixed catchments, curbing, or other fixed means to contain oil or hazardous material discharged in at least— (1) Each hose handling and loading arm area (that area on the facility that is within the area traversed by the free end of the hose or loading arm when moved from its normal stowed or idle position into a position for connection); (2) Each hose connection manifold area; and (3) Under each hose connection that will be coupled or uncoupled as part of the transfer operation during coupling, uncoupling, and transfer. (b) The discharge containment means required by paragraph (a) of this section must have a capacity of at least: (1) Two barrels if it serves one or more hoses of 6-inch inside diameter or smaller, or loading arms of 6-inch nominal pipe size diameter or smaller; (2) Three barrels if it serves one or more hoses with an inside diameter of more than 6-inches, but less than 12 inches, or loading arms with a nominal pipe size diameter of more than 6 inches, but less than 12 inches; or (3) Four barrels if it serves one or more hoses of 12-inch inside diameter or larger, or loading arms of 12-inch nominal pipe size diameter or larger. (c) The facility may use portable means of not less than 1/2 barrel capacity each to meet the requirements of paragraph (a) of this section for part or all of the facility if the COTP finds that fixed means to contain oil or hazardous material discharges are not feasible. (d) A mobile facility may have portable means of not less than five gallons capacity to meet the requirements of paragraph (a) of this section. (e) Fixed or portable containment may be used to meet the requirements of paragraph (a)(3) of this section. | |||
| 33:33:2.0.1.5.21.3.168.6 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | C | Subpart C—Equipment Requirements | § 154.540 Discharge removal. | USCG | [CGD 93-056, 61 FR 41460, Aug. 8, 1996] | Each facility to which this part applies must have a means to safely remove discharged oil or hazardous material, within one hour of completion of the transfer, from the containment required by § 154.530 of this part without discharging the oil or hazardous material into the water. | |||
| 33:33:2.0.1.5.21.3.168.7 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | C | Subpart C—Equipment Requirements | § 154.545 Discharge containment equipment. | USCG | [CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996; USCG-1999-5149, 65 FR 40825, June 30, 2000] | (a) Each facility must have ready access to enough containment material and equipment to contain any oil or hazardous material discharged on the water from operations at that facility. (b) For the purpose of this section, “access” may be by direct ownership, joint ownership, cooperative venture, or contractual agreement. (c) Each facility must establish time limits, subject to approval by the COTP, for deployment of the containment material and equipment required by paragraph (a) of this section considering: (1) Oil or hazardous material handling rates; (2) Oil or hazardous material capacity susceptible to being spilled; (3) Frequency of facility operations; (4) Tidal and current conditions; (5) Facility age and configuration; and (6) Past record of discharges. (d) The COTP may require a facility to surround each vessel conducting an oil or hazardous material transfer operation with containment material before commencing a transfer operation if— (1) The environmental sensitivity of the area requires the added protection; (2) The products transferred at the facility pose a significant threat to the environment; (3) The past record of discharges at the facility is poor; or (4) The size or complexity of the transfer operation poses a significant potential for a discharge of oil or hazardous material; and (5) The use of vessel containment provides the only practical means to reduce the extent of environmental damage. (e) Equipment and procedures maintained to satisfy the provisions of this chapter may be utilized in the planning requirements of subpart F and subpart H of this part. | |||
| 33:33:2.0.1.5.21.3.168.8 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | C | Subpart C—Equipment Requirements | § 154.550 Emergency shutdown. | USCG | [CGD 86-034, 55 FR 36253, Sept. 4, 1990] | (a) The facility must have an emergency means to enable the person in charge of the transfer on board the vessel, at that person's usual operating station, to stop the flow of oil or hazardous material from the facility to the vessel. The means must be— (1) An electrical, pneumatic, or mechanical linkage to the facility; or (2) An electronic voice communications system continuously operated by a person on the facility who can stop the flow of oil or hazardous material immediately. (b) The point in the transfer system at which the emergency means stops the flow of oil or hazardous material on the facility must be located near the dock manifold connection to minimize the loss of oil or hazardous material in the event of the rupture or failure of the hose, loading arm, or manifold valve. (c) For oil transfers, the means used to stop the flow under paragraph (a) of this section must stop that flow within— (1) 60 seconds on any facility or portion of a facility that first transferred oil on or before November 1, 1980; and (2) 30 seconds on any facility that first transfers oil after November 1, 1980. (d) For hazardous material transfers, the means used to stop the flow under paragraph (a) of this section must stop that flow within— (1) 60 seconds on any facility or portion of a facility that first transferred hazardous material before October 4, 1990; and (2) 30 seconds on any facility that first transfers hazardous material on or after October 4, 1990. | |||
| 33:33:2.0.1.5.21.3.168.9 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | C | Subpart C—Equipment Requirements | § 154.560 Communications. | USCG | [CGD 75-124, 45 FR 7172, Jan. 31, 1980; 45 FR 43705, June 30, 1980, as amended by CGD 93-056, 61 FR 41460, Aug. 8, 1996] | (a) Each facility must have a means that enables continuous two-way voice communication between the person in charge of the vessel transfer operation and the person in charge of the facility transfer operation. (b) Each facility must have a means, which may be the communications system itself, that enables a person on board a vessel or on the facility to effectively indicate the desire to use the means of communication required by paragraph (a) of this section. (c) The means required by paragraph (a) of this section must be usable and effective in all phases of the transfer operation and all conditions of weather at the facility. (d) A facility may use the system in § 154.550(a)(2) to meet the requirement of paragraph (a) of this section. (e) Portable radio devices used to comply with paragraph (a) of this section during the transfer of flammable or combustible liquids must be marked as intrinsically safe by the manufacturer of the device and certified as intrinsically safe by a national testing laboratory or other certification organization approved by the Commandant as defined in 46 CFR 111.105-11. As an alternative to the marking requirement, facility operators may maintain documentation at the facility certifying that the portable radio devices in use at the facility are in compliance with this section. | |||
| 33:33:2.0.1.5.21.4.168.1 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | D | Subpart D—Facility Operations | § 154.700 General. | USCG | [CGD 75-124, 45 FR 7173, Jan. 31, 1980] | No person may operate a facility unless the equipment, personnel, and operating procedures of that facility meet the requirements of this part. | |||
| 33:33:2.0.1.5.21.4.168.2 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | D | Subpart D—Facility Operations | § 154.710 Persons in charge: Designation and qualification. | USCG | [CGD 71-160R, 37 FR 28253, Dec. 21, 1972, as amended by CGD 86-034, 55 FR 36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996] | No person may serve, and the facility operator may not use the services of a person, as person in charge of facility transfer operations unless: (a) The facility operator has designated that person as a person in charge; (b) The person has had at least 48 hours of experience in transfer operations at a facility in operations to which this part applies. The person also has enough experience at the facility for which qualification is desired to enable the facility operator to determine that the person's experience is adequate; (c) The person has completed a training and qualification program established by the facility operator and described in the Operations Manual in accordance with § 154.310(a)(21), that provides the person with the knowledge and training necessary to properly operate the transfer equipment at the facility, perform the duties described in paragraph (d) of this section, follow the procedures required by this part, and fulfill the duties required of a person in charge during an emergency, except that the COTP may approve alternative experience and training requirements for new facilities; and (d) The facility operator must certify that each person in charge has the knowledge of, and skills necessary to— (1) The hazards of each product to be transferred; (2) The rules in this part and in part 156 of this chapter; (3) The facility operating procedures as described in the operations manual; (4) Vessel transfer systems, in general; (5) Vessel transfer control systems, in general; (6) Each facility transfer control system to be used; (7) Follow local discharge reporting procedures; and (8) Carry out the facility's response plan for discharge reporting and containment. (e) Training conducted to comply with the hazard communication programs required by the Occupational Safety and Health Administration (OSHA) of the Department of Labor (DOL) (29 CFR 1910.1200) or the Environmental Protection Agency (EPA) (40 CFR 311.1), or to meet the requirements of subpart F of this part may be used to sati… | |||
| 33:33:2.0.1.5.21.4.168.3 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | D | Subpart D—Facility Operations | § 154.730 Persons in charge: Evidence of designation. | USCG | [CGD 71-160R, 37 FR 28253, Dec. 21, 1972] | Each person in charge shall carry evidence of his designation as a person in charge when he is engaged in transfer operations unless such evidence is immediately available at the facility. | |||
| 33:33:2.0.1.5.21.4.168.4 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | D | Subpart D—Facility Operations | § 154.735 Safety requirements. | USCG | [CGD 86-034, 55 FR 36253, Sept. 4, 1990, as amended by CGD 93-056, 61 FR 41460, Aug. 8, 1996; USCG-2001-8661, 74 FR 45022, Aug. 31, 2009; USCG-1999-5150, 78 FR 42618, July 16, 2013] | Each operator of a facility to which this part applies shall ensure that the following safety requirements are met at the facility: (a) Access to the facility by firefighting personnel, fire trucks, or other emergency personnel is not impeded. (b) Materials which are classified as hazardous under 49 CFR parts 170 through 179 are kept only in the quantities needed for the operation or maintenance of the facility and are stored in storage compartments. (c) Gasoline or other fuel is not stored on a pier, wharf, or other similar structure. (d) A sufficient number of fire extinguishers approved by an independent laboratory listed in 46 CFR 162.028-5 for fighting small, localized fires are in place throughout the facility and maintained in a ready condition. (e) The location of each hydrant, standpipe, hose station, fire extinguisher, and fire alarm box is conspicuously marked and readily accessible. (f) Each piece of protective equipment is ready to operate. (g) Signs indicating that smoking is prohibited are posted in areas where smoking is not permitted. (h) Trucks and other motor vehicles are operated or parked only in designated locations. (i) All rubbish is kept in receptacles. (j) All equipment with internal combustion engines used on the facility— (1) Does not constitute a fire hazard; and (2) Has a fire extinguisher attached that is approved by an independent laboratory listed in 46 CFR 162.028-5, unless such a fire extinguisher is readily accessible nearby on the facility. (k) Spark arresters are provided on chimneys or appliances which— (1) Use solid fuel; or (2) Are located where sparks constitute a hazard to nearby combustible material. (l) All welding or hot work conducted on or at the facility is the responsibility of the facility operator. The COTP may require that the operator of the facility notify the COTP before any welding or hot work operations are conducted. Any welding or hot work operations conducted on or at the facility must be conducted in accordance with NFPA 51B (incorporat… | |||
| 33:33:2.0.1.5.21.4.168.5 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | D | Subpart D—Facility Operations | § 154.740 Records. | USCG | [CGD 75-124, 45 FR 7173, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 25429, June 21, 1990; CGD 86-034, 55 FR 36254, Sept. 4, 1990; CGD 93-056, 61 FR 41461, Aug. 8, 1996; USCG-2006-25150, 71 FR 39209, July 12, 2006; USCG-1999-5150, 78 FR 42618, July 16, 2013] | Each facility operator shall maintain at the facility and make available for examination by the COTP: (a) A copy of the letter of intent for the facility; (b) The name of each person designated as a person in charge of transfer operations at the facility and certification that each person in charge has completed the training requirements of § 154.710 of this part; (c) The date and result of the most recent test or examination of each item tested or examined under § 156.170 of this chapter; (d) The hose information required by § 154.500 (e) and (g) except that marked on the hose; (e) The record of all examinations of the facility by the COTP within the last 3 years; (f) The Declaration of Inspection required by § 156.150(f) of this chapter; (g) A record of all repairs made within the last three years involving any component of the facility's vapor control system required by subpart P of this part; (h) A record of all automatic shut downs of the facility's vapor control system within the last 3 years; and (i) Plans, calculations, and specifications of the facility's vapor control system certified under 33 CFR 154.2020 through 154.2025. (j) If they are not marked as such, documentation that the portable radio devices in use at the facility under § 154.560 of this part are intrinsically safe. | |||
| 33:33:2.0.1.5.21.4.168.6 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | D | Subpart D—Facility Operations | § 154.750 Compliance with operations manual. | USCG | [CGD 75-124, 45 FR 7174, Jan. 31, 1980] | The facility operator shall require facility personnel to use the procedures in the operations manual prescribed by § 154.300 for operations under this part. | |||
| 33:33:2.0.1.5.21.6.168.1 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1010 Purpose. | USCG | 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 discharging 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. | ||||
| 33:33:2.0.1.5.21.6.168.10 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1030 General response plan contents. | USCG | (a) The plan must be written in English. (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 operat… | ||||
| 33:33:2.0.1.5.21.6.168.11 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1035 Specific requirements for facilities that could reasonably be expected to cause significant and substantial harm to the environment. | USCG | [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] | (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— (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 noti… | |||
| 33:33:2.0.1.5.21.6.168.12 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1040 Specific requirements for facilities that could reasonably be expected to cause substantial harm to the environment. | USCG | (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. | ||||
| 33:33:2.0.1.5.21.6.168.13 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1041 Specific response information to be maintained on mobile MTR facilities. | USCG | (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 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. | ||||
| 33:33:2.0.1.5.21.6.168.14 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1045 Response plan development and evaluation criteria for facilities that handle, store, or transport Group I through Group IV petroleum oils. | USCG | [CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-2001-8661, 74 FR 45024, Aug. 31, 2009; USCG-2014-0410, 79 FR 38436, July 7, 2014; USCG-2018-0874, 84 FR 30880, June 28, 2019] | (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 resour… | |||
| 33:33:2.0.1.5.21.6.168.15 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1047 Response plan development and evaluation criteria for facilities that handle, store, or transport Group V petroleum oils. | USCG | (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… | ||||
| 33:33:2.0.1.5.21.6.168.16 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1050 Training. | USCG | (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. | ||||
| 33:33:2.0.1.5.21.6.168.17 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1055 Exercises. | USCG | [CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCGD-2003-15404, 68 FR 37741, June 25, 2003] | (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 part… | |||
| 33:33:2.0.1.5.21.6.168.18 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1057 Inspection and maintenance of response resources. | USCG | (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). | ||||
| 33:33:2.0.1.5.21.6.168.19 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1060 Submission and approval procedures. | USCG | (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 owner or operator along with an explanation of the response pl… | ||||
| 33:33:2.0.1.5.21.6.168.2 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1015 Applicability. | USCG | (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. | ||||
| 33:33:2.0.1.5.21.6.168.20 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1065 Plan review and revision procedures. | USCG | [CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-2001-8661, 74 FR 45025, Aug. 31, 2009] | (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 o… | |||
| 33:33:2.0.1.5.21.6.168.21 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1070 Deficiencies. | USCG | (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. | ||||
| 33:33:2.0.1.5.21.6.168.22 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1075 Appeal process. | USCG | [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] | (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 reclassification 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. | |||
| 33:33:2.0.1.5.21.6.168.3 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1016 Facility classification by COTP. | USCG | [CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-2008-0179, 73 FR 35014, June 19, 2008] | (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. | |||
| 33:33:2.0.1.5.21.6.168.4 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1017 Response plan submission requirements. | USCG | (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. | ||||
| 33:33:2.0.1.5.21.6.168.5 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1020 Definitions. | USCG | [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; USCG-2018-0874, 84 FR 30880, June 28, 2019] | 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 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. 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. Estimated Dispersant System Potential Calculator (EDSP) means an internet-accessible application that estimates EDAC for different dispersant response systems. The NSFCC will use EDSP for evaluating OSRO dispersant classification levels.… | |||
| 33:33:2.0.1.5.21.6.168.6 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1025 Operating restrictions and interim operating authorization. | USCG | (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 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 … | ||||
| 33:33:2.0.1.5.21.6.168.7 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1026 Qualified individual and alternate qualified individual. | USCG | (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 24-hour 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 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). | ||||
| 33:33:2.0.1.5.21.6.168.8 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1028 Methods of ensuring the availability of response resources by contract or other approved means. | USCG | (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. | ||||
| 33:33:2.0.1.5.21.6.168.9 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | F | Subpart F—Response Plans for Oil Facilities | § 154.1029 Worst case discharge. | USCG | (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-transportation-related 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-transportation-related 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. | ||||
| 33:33:2.0.1.5.21.7.168.1 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | G | Subpart G—Additional Response Plan Requirements for a Trans-Alaska Pipeline Authorization Act (TAPAA) Facility Operating in Prince William Sound, Alaska | § 154.1110 Purpose and applicability. | USCG | (a) This subpart establishes oil spill response planning requirements for a facility permitted under the Tans-Alaska Pipeline Authorization Act (TAPAA), in addition to the requirements of subpart F of this part. The requirements of this subpart are intended for use in developing response plans and identifying response resources during the planning process. They are not performance standards. (b) The information required by this subpart must be included in the Prince William Sound facility-specific appendix to the facility response plan required by subpart F of this part. | ||||
| 33:33:2.0.1.5.21.7.168.2 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | G | Subpart G—Additional Response Plan Requirements for a Trans-Alaska Pipeline Authorization Act (TAPAA) Facility Operating in Prince William Sound, Alaska | § 154.1115 Definitions. | USCG | In addition to the definitions in this section, the definitions in §§ 154.105 and 154.1020 apply to this subpart. As used in this subpart— Crude oil means any liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added. Non-crude oil means any oil other than crude oil. Prince William Sound means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchinbrook Entrance out to and encompassing Seal Rocks. | ||||
| 33:33:2.0.1.5.21.7.168.3 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | G | Subpart G—Additional Response Plan Requirements for a Trans-Alaska Pipeline Authorization Act (TAPAA) Facility Operating in Prince William Sound, Alaska | § 154.1120 Operating restrictions and interim operating authorization. | USCG | (a) The owner or operator of a TAPAA facility may not operate in Prince William Sound, Alaska, unless the requirements of this subpart as well as § 154.1025 have been met. The owner or operator of a TAPAA facility shall certify to the COTP that he or she has provided, through an oil spill removal organization required by § 154.1125, the necessary response resources to remove, to the maximum extend practicable, a worst case discharge or a discharge of 200,000 barrels of oil, whichever is grater, in Prince William Sound. (b) Coast Guard approval of a TAPAA facility response plan is effective only so long as the appropriate Regional Citizens Advisory Council(s) is funded pursuant to the requirements of section 5002(k) of the Oil Pollution Act of 1990 (Pub. L. 101-380; 104 Stat. 484, 550). | ||||
| 33:33:2.0.1.5.21.7.168.4 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | G | Subpart G—Additional Response Plan Requirements for a Trans-Alaska Pipeline Authorization Act (TAPAA) Facility Operating in Prince William Sound, Alaska | § 154.1125 Additional response plan requirements. | USCG | (a) The owner or operator of a TAPAA facility shall include the following information in the Prince William Sound appendix to the response plan required by subpart F of this part: (1) Oil spill removal organization. Identification of an oil spill removal organization that shall— (i) Perform response activities; (ii) Provide oil spill removal and containment training, including training in the operation of prepositioned equipment for personnel, including local residents and fishermen, from the following locations in Prince William Sound: (A) Valdez; (B) Tatitlek; (C) Cordova; (D) Whittier; (E) Chenega; and (F) Fish hatcheries located at Port San Juan, Main Bay, Esther Island, Cannery Creek, and Solomon Gulch. (iii) Provide a plan for training, in addition to the personnel listed in paragraph (a)(1)(ii) of this section, sufficient numbers of trained personnel to remove, to the maximum extent practicable, a worst case discharge; and (iv) Address the responsibilities required in § 154.1035(b)(3)(iii). (2) Exercises. Identification of exercise procedures that must— (i) Provide for two exercises of the oil spill removal organization each year that test the ability of the prepositioned equipment and trained personnel required under this subpart to perform effectively; (ii) Consist of both announced and unannounced drills; and (iii) Include design(s) for exercises that test either the entire appendix or individual components(s). (3) Testing, inspection, and certification. Identification of a testing, inspecting, and certification program for the prepositioned response equipment required in § 154.1130 that must provide for— (i) Annual testing and equipment inspection in accordance with the manufacturer's recommended procedures, to include— (A) Start-up and running under load all electrical motors, pumps, power packs, air compressors, internal combustion engines, and oil recovery devices; and (B) Removal for inspection of no less than one-third of required boom from storage annually, such that all … | ||||
| 33:33:2.0.1.5.21.7.168.5 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | G | Subpart G—Additional Response Plan Requirements for a Trans-Alaska Pipeline Authorization Act (TAPAA) Facility Operating in Prince William Sound, Alaska | § 154.1130 Requirements for prepositioned response equipment. | USCG | The owner or operator of a TAPAA facility shall provide the following prepositioned response equipment, located within Prince William Sound, in addition to that required by § 154.1035, § 154.1045, or § 154.1050: (a) On-water recovery equipment with a minimum effective daily recovery rate of 30,000 barrels capable of being a scene within 2 hours of notification of a discharge. (b) On-water storage capacity of 100,000 barrels for recovered oily material capable of being on scene within 2 hours of notification of a discharge. (c) On-water recovery equipment with a minimum effective daily recovery rate of 40,000 barrels capable of being on scene within 18 hours of notification of discharge. (d) On-water storage capacity of 300,000 barrels for recovered oily material capable of being on scene within 12 hours of notification of a discharge. (e) On-water recovery devices and storage equipment located in communities at strategic locations. (f) Equipment as identified below, for the locations identified in § 154.1125(a)(1)(ii) sufficient for the protection of the environment in these locations: (1) Boom appropriate for the specific locations. (2) Sufficient boats to deploy boom and sorbents. (3) Sorbent materials. (4) Personnel protective clothing and equipment. (5) Survival equipment. (6) First aid supplies. (7) Buckets, shovels, and various other tools. (8) Decontamination equipment. (9) Shoreline cleanup equipment. (10) Mooring equipment. (11) Anchored buoys at appropriate locations to facilitate the positioning of defensive boom. (12) Other appropriate removal equipment for the protection of the environment as identified by the COTP. | ||||
| 33:33:2.0.1.5.21.7.168.6 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | G | Subpart G—Additional Response Plan Requirements for a Trans-Alaska Pipeline Authorization Act (TAPAA) Facility Operating in Prince William Sound, Alaska | § 154.1135 Response plan development and evaluation criteria. | USCG | The following response times must be used in determining the on scene arrival time in Prince William Sound for the response resources required by § 154.1045: | ||||
| 33:33:2.0.1.5.21.7.168.7 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | G | Subpart G—Additional Response Plan Requirements for a Trans-Alaska Pipeline Authorization Act (TAPAA) Facility Operating in Prince William Sound, Alaska | § 154.1140 TAPAA facility contracting with a vessel. | USCG | The owner or operator of a TAPAA facility may contract with a vessel owner or operator to meet some of all of the requirements of subpart G of part 155 of this chapter. The extent to which these requirements are met by the contractual arrangement will be determined by the COTP. | ||||
| 33:33:2.0.1.5.21.8.168.1 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | H | Subpart H—Response Plans for Animal Fats and Vegetable Oils Facilities | § 154.1210 Purpose and applicability. | USCG | [USCG-1999-5149, 65 FR 40825, June 30, 2000] | (a) The requirements of this subpart are intended for use in developing response plans and identifying response resources during the planning process. They are not performance standards. (b) This subpart establishes oil spill response planning requirements for an owner or operator of a facility that handles, stores, or transports animal fats or vegetable oils including— (1) A fixed MTR facility capable of transferring oil in bulk, to or from a vessel with a capacity of 250 barrels or more; and (2) A mobile MTR facility used or intended to be used to transfer oil to or from a vessel with a capacity of 250 barrels or more. | |||
| 33:33:2.0.1.5.21.8.168.2 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | H | Subpart H—Response Plans for Animal Fats and Vegetable Oils Facilities | § 154.1216 Facility classification. | USCG | [USCG-1999-5149, 65 FR 40825, June 30, 2000, as amended by USCG-2008-0179, 73 FR 35014, June 19, 2008] | (a) The Coast Guard classifies facilities that handle, store, or transport animal fats or vegetable oils as “substantial harm” facilities because they may cause substantial harm to the environment by discharging oil. (b) The COTP may change the classification of a facility that handles, stores, or transports animal fats or vegetable oils. The COTP may consider the following factors, and any other relevant factors, before changing the classification of a facility: (1) The type and quantity of oils handled. (2) The spill history of the facility. (3) The age of the facility. (4) The public and commercial water supply intakes near the facility. (5) The navigable waters near the facility. Navigable waters is defined in 33 CFR part 2.36. (6) The fish, wildlife, and sensitive environments near the facility. | |||
| 33:33:2.0.1.5.21.8.168.3 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | H | Subpart H—Response Plans for Animal Fats and Vegetable Oils Facilities | § 154.1220 Response plan submission requirements. | USCG | [USCG-1999-5149, 65 FR 40825, June 30, 2000] | (a) The owner or operator of an MTR facility identified in § 154.1216 as a substantial harm facility, shall prepare and submit to the cognizant COTP a response plan that complies with this subpart and all sections of subpart F of this part, as appropriate, except §§ 154.1015, 154.1016, 154.1017, 154.1028, 154.1045 and 154.1047. (b) The owner or operator of an MTR facility classified by the COTP under § 154.1216(b) as a significant and substantial harm facility, shall prepare and submit for review and approval of the cognizant COTP a response plan that complies with this subpart and all sections of subpart F of this part, as appropriate, except §§ 154.1015, 154.1016, 154.1017, 154.1028, 154.1045 and 154.1047. (c) In addition to the requirements in paragraph (a) of this section, the response plan for a mobile MTR facility must meet the requirements of § 154.1041 subpart F. | |||
| 33:33:2.0.1.5.21.8.168.4 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | H | Subpart H—Response Plans for Animal Fats and Vegetable Oils Facilities | § 154.1225 Specific response plan development and evaluation criteria and other requirements for fixed facilities that handle, store, or transport animal fats or vegetable oils. | USCG | [CGD 91-036, 61 FR 7931, Feb. 29, 1996, as amended by USCG-1999-5149, 65 FR 40826, June 30, 2000] | (a) The owner or operator of a fixed facility that handles, stores, or transports animal fats or vegetable oils must include information in the response plan that identifies— (1) The procedures and strategies for responding to a worst case discharge and to an average most probable discharge of an animal fat or vegetable oil to the maximum extent practicable; and (2) Sources of the equipment and supplies necessary to locate, recover, and mitigate such a discharge. (b) The owner or operator of a fixed facility must ensure the equipment listed in the response plan will operate in the geographic area(s) where the facility operates. To determine if the equipment will operate, the owner or operator must— (1) Use the criteria in Table 1 and Section 2 of appendix C of this part; and (2) Consider the limitations in the area contingency plan for the COTP zone where the facility is located, including (i) Ice conditions; (ii) Debris; (iii) Temperature ranges; and (iv) Weather-related visibility. (c) The owner or operator of a facility that handles, stores, or transports animal fats or vegetable oils must name the personnel and list the equipment, including those that are specified in § 154.1240, that are available by contract or by a method described in § 154.1228(a). The owner or operator is not required, but may at their option, refer to the tables in Environmental Protection Agency regulations, 40 CFR 112, Appendix E, Section 10.0, Tables 6 and 7, to determine necessary response resources. (d) The owner or operator of a facility that handles, stores, or transports animal fats or vegetable oils must ensure that the response resources in paragraph (c) of this section are able to effectively respond to an incident within the amount of time indicated in the following table, unless otherwise specified in § 154.1240: (e) The owner or operator of a facility that handles, stores, or transports animal fats or vegetable oils must— (1) List in the plan the personnel and equipment that the owner or operator will use to f… | |||
| 33:33:2.0.1.5.21.8.168.5 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | H | Subpart H—Response Plans for Animal Fats and Vegetable Oils Facilities | § 154.1228 Methods of ensuring the availability of response resources by contract or other approved means. | USCG | (a) When required in this subpart, the availability of response resources must be ensured by the following methods: (1) The identification of an oil spill removal organization with specified equipment and personnel available within stipulated response times in specified geographic areas. The organization must provide written consent to being identified in the plan; (2) A document which— (i) Identifies the personnel, equipment, and services capable of being provided by the oil spill removal organization within stipulated response times in the specified geographic areas; (ii) Sets out the parties' acknowledgment that the oil spill removal organization intends to commit the resources in the event of a response; (iii) Permits the Coast Guard to verify the availability of the identified response resources through tests, inspections, and drills; (iv) Is referenced in the response plan; (3) Active membership in a local or regional oil spill removal organization that has identified specified personnel and equipment required under this subpart that are available to response to a discharge within stipulated response times in the specified geographic areas; (4) Certification by the facility owner or operator that specified personnel and equipment required under this subpart are owned, operated, or under the direct control of the facility owner or operator, and are available within stipulated response times in the specified geographic areas; or (5) A written contractual agreement with an oil spill removal organization. The agreement must identify and ensure the availability of specified personnel and equipment required under this subpart within stipulated response times in the specified geographic areas. (b) The contracts and documents required in paragraph (a) of this section must be retained at the facility and must be produced for review upon request by the COTP. | ||||
| 33:33:2.0.1.5.21.8.168.6 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | H | Subpart H—Response Plans for Animal Fats and Vegetable Oils Facilities | § 154.1240 Specific requirements for animal fats and vegetable oils facilities that could reasonably be expected to cause substantial harm to the environment. | USCG | [USCG-1999-5149, 65 FR 40827, June 30, 2000] | (a) The owner or operator of a facility, classified under § 154.1216 as a facility that could reasonably be expected to cause substantial harm to the environment, must submit a response plan that meets the requirements of § 154.1035, except as modified by this section. (b) The plan does not need to list the facility or corporate organizational structure that the owner or operator will use to manage the response, as required by § 154.1035(b)(3)(iii). (c) The owner or operator must ensure and identify, by contract or a method described in § 154.1228, that the response resources required under § 154.1035(b)(3)(iv) are available for a worst case discharge. | |||
| 33:33:2.0.1.5.21.9.168.1 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | I | Subpart I—Response Plans for Other Non-Petroleum Oil Facilities | § 154.1310 Purpose and applicability. | USCG | This subpart establishes oil spill response planning requirements for an owner or operator of a facility that handles, stores, or transports other non-petroleum oils. The requirements of this subpart are intended for use in developing response plans and identifying response resources during the planning process. They are not performance standards. | ||||
| 33:33:2.0.1.5.21.9.168.2 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | I | Subpart I—Response Plans for Other Non-Petroleum Oil Facilities | § 154.1320 Response plan submission requirements. | USCG | An owner or operator of a facility that handles, stores, or transports other non-petroleum oils shall submit a response plan in accordance with the requirements of this subpart, and with all sections of subpart F of this part, except §§ 154.1045 and 154.1047, which apply to petroleum oils. | ||||
| 33:33:2.0.1.5.21.9.168.3 | 33 | Navigation and Navigable Waters | I | O | 154 | PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK | I | Subpart I—Response Plans for Other Non-Petroleum Oil Facilities | § 154.1325 Response plan development and evaluation criteria for facilities that handle, store, or transport other non-petroleum oils. | USCG | (a) An owner or operator of a facility that handles, stores, or transports other non-petroleum oils must provide information in his or her plan that identifies— (1) Procedures and strategies for responding to a worst case discharge of other non-petroleum oils to the maximum extent practicable; and (2) Sources of the equipment and supplies necessary to locate, recover, and mitigate such a discharge. (b) An owner or operator of a facility that handles, stores, or transports other non-petroleum oils must ensure that any equipment identified in a response plan is capable of operating in the conditions expected in the geographic area(s) in which the facility operates using the criteria in Table 1 of appendix C of this part. When evaluating the operability of equipment, the facility owner or operator must consider limitations that are identified in the ACPs for the COTP zone in which the facility is located, including— (1) Ice conditions; (2) Debris; (3) Temperature ranges; and (4) Weather-related visibility. (c) The owner or operator of a facility that handles, stores, or transports other non-petroleum oils must identify the response resources that are available by contract or other approved means as described in § 154.1028(a). The equipment identified in a response plan must include— (1) Containment boom, sorbent boom, or other methods for containing oil floating on the surface or to protect shorelines from impact; (2) Oil recovery devices appropriate for the type of other non-petroleum oils handled; and (3) Other appropriate equipment necessary to respond to a discharge involving the type of oil handled. (d) Response resources identified in a response plan under paragraph (c) of this section must be capable of commencing an effective on-scene response within the times specified in this paragraph for the applicable operating area: (e) A response plan for a facility that handles, stores, or transports other non-petroleum oils must identify response resources with firefighting capability. The owner or oper… |
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