[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR154.1020]

[Page 323-326]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK--Table 
of Contents
 
              Subpart F--Response Plans for Oil Facilities
 
Sec. 154.1020  Definitions.

    Except as otherwise defined in this section, the definition in 33 
CFR 154.105 apply to this subpart and subparts H and I.
    Adverse weather means the weather conditions that will be considered 
when identifying response systems and equipment in a response plan for 
the applicable operating environment. Factors to consider include, but 
are not limited to, significant wave height as specified in Sec.Sec. 
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).

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    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.
    Exclusive economic zone (EEZ) means the zone contiguous to the 
territorial sea of the United States extending to a distance up to 200 
nautical miles from the baseline from which the breadth of the 
territorial sea is measured.
    Facility that could reasonably be expected to cause significant and 
substantial harm means any MTR facility (including piping and any 
structures that are used for the transfer of oil between a vessel and a 
facility) classified as a ``significant and substantial harm'' facility 
under Sec. 154.1015(c) and Sec. 154.1216.
    Facility that could reasonably be expected to cause substantial harm 
means any MTR facility classified as a ``substantial harm'' facility 
under Sec. 154.1015(b) and Sec. 154.1216.
    Fish and Wildlife and Sensitive Environment means areas that may be 
identified by either their legal designation or by Area Committees in 
the applicable Area Contingency Plan (ACP) (for planning) or by members 
of the Federal On-Scene Coordinator's spill response structure (during 
responses). These areas may include: Wetlands, national and state parks, 
critical habitats for endangered or threatened species, wilderness and 
natural resource areas, marine sanctuaries and estuarine reserves, 
conservation areas, preserves, wildlife areas, wildlife refuges, wild 
and scenic rivers, areas of economic importance, recreational areas, 
national forests, Federal and state lands that are research areas, 
heritage program areas, land trust areas, and historical and 
archaeological sites and parks. These areas may also include unique 
habitats such as: aquaculture sites and agricultural surface water 
intakes, bird nesting areas, critical biological resource areas, 
designated migratory routes, and designated seasonal habitats.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence River 
as far as Saint Regis, and adjacent port areas.
    Higher volume port area means the following ports:
    (1) Boston, MA.
    (2) New York, NY.
    (3) Delaware Bay and River to Philadelphia, PA.
    (4) St. Croix, VI.
    (5) Pascagoula, MS.
    (6) Mississippi River from Southwest Pass, LA. to Baton Rouge, LA.
    (7) Louisiana Offshore Oil Port (LOOP), LA.
    (8) Lake Charles, LA.
    (9) Sabine-Neches River, TX.
    (10) Galveston Bay and Houston Ship Channel, TX.
    (11) Corpus Christi, TX.
    (12) Los Angeles/Long Beach harbor, CA.
    (13) San Francisco Bay, San Pablo Bay, Carquinez Strait, and Suisun 
Bay to Antioch, CA.
    (14) Straits of Juan De Fuca from Port Angeles, WA, to and including 
Puget Sound, WA.
    (15) Prince William Sound, AK.
    Inland area means the area shoreward of the boundary lines defined 
in 46 CFR part 7, except in the Gulf of Mexico. In the Gulf of Mexico, 
it means the area shoreward of the lines of demarcation (COLREG lines) 
defined in Sec.Sec. 80.740 through 80.850 of this chapter. The inland 
area does not include the Great Lakes.
    Marine transportation-related facility (MTR facility) means any 
onshore facility or segment of a complex regulated under section 311(j) 
of the Federal Water Pollution Control Act (FWPCA) by two or more 
Federal agencies, including piping and any structure used or intended to 
be used to transfer oil to or from a vessel, subject to regulation under 
this part and any deepwater port subject to regulation under part 150 of 
this chapter. For a facility or segment of a complex regulated by two or 
more Federal agencies under section 311(j) of the FWPCA, the MTR portion 
of the complex extends from the facility oil transfer system's 
connection with the vessel to the first valve inside the secondary 
containment surrounding tanks in the non-transportation-related portion 
of the facility or, in the absence of secondary containment, to the 
valve or manifold adjacent to the tanks comprising the non-
transportation-related

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portion of the facility, unless another location has otherwise been 
agreed to by the COTP and the appropriate Federal official.
    Maximum extent practicable means the planned capability to respond 
to a worst case discharge in adverse weather, as contained in a response 
plan that meets the criteria in this subpart or in a specific plan 
approved by the cognizant COTP.
    Maximum most probable discharge means a discharge of the lesser of 
1,200 barrels or 10 percent of the volume of a worst case discharge.
    Nearshore area means the area extending seaward 12 miles from the 
boundary lines defined in 46 CFR part 7, except in the Gulf of Mexico. 
In the Gulf of Mexico, it means the area extending seaward 12 miles from 
the line of demarcation (COLREG lines) defined in Sec.Sec. 80.740-80.850 
of this chapter.
    Non-persistent or Group I oil means a petroleum-based oil that, at 
the time of shipment, consists of hydrocarbon fractions--
    (1) At least 50 percent of which by volume, distill at a temperature 
of 340 degrees C (645 degrees F); and
    (2) At least 95 percent of which by volume, distill at a temperature 
of 370 degrees C (700 degrees F).
    Ocean means the offshore area and nearshore area as defined in this 
subpart.
    Offshore area means the area beyond 12 nautical miles measured from 
the boundary lines defined in 46 CFR part 7 extending seaward to 50 
nautical miles, except in the Gulf of Mexico. In the Gulf of Mexico, it 
is the area beyond 12 nautical miles of the line of demarcation (COLREG 
lines) defined in Sec.Sec. 80.740-80.850 of this chapter extending 
seaward to 50 nautical miles.
    Oil means oil of any kind or in any form, including, but not limited 
to, petroleum, fuel oil, sludge, oil refuse, oil mixed with wastes other 
than dredge spoil.
    Oil spill removal organization (OSRO) means an entity that provides 
response resources.
    On-Scene Coordinator (OSC) means the definition in the National Oil 
and Hazardous Substances Pollution Contingency Plan (40 CFR part 300).
    Operating area means Rivers and Canals, Inland, Nearshore, Great 
Lakes, or Offshore geographic location(s) in which a facility is 
handling, storing, or transporting oil.
    Operating environment means Rivers and Canals, Inland, Great Lakes, 
or Ocean. These terms are used to define the conditions in which 
response equipment is designed to function.
    Operating in compliance with the plan means operating in compliance 
with the provisions of this subpart including, ensuring the availability 
of the response resources by contract or other approved means, and 
conducting the necessary training and drills.
    Other non-petroleum oil means a non-petroleum oil of any kind that 
is not generally an animal fat or vegetable oil.
    Persistent oil means a petroleum-based oil that does not meet the 
distillation criteria for a non-persistent oil. For the purposes of this 
subpart, persistent oils are further classified based on specific 
gravity as follows:
    (1) Group II--specific gravity of less than .85.
    (2) Group III--specific gravity equal to or greater than .85 and 
less than .95.
    (3) Group IV--specific gravity equal to or greater than .95 and less 
than or equal to 1.0.
    (4) Group V--specific gravity greater than 1.0.
    Qualified individual and alternate qualified individual means a 
person located in the United States who meets the requirements of Sec. 
154.1026.
    Response activities means the containment and removal of oil from 
the land, water, and shorelines, the temporary storage and disposal of 
recovered oil, or the taking of other actions as necessary to minimize 
or mitigate damage to the public health or welfare or the environment.
    Response resources means the personnel, equipment, supplies, and 
other capability necessary to perform the response activities identified 
in a response plan.
    Rivers and canals means a body of water confined within the inland 
area, including the Intracoastal Waterways and other waterways 
artificially created for navigation, that has a project depth of 12 feet 
or less.

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    Specific gravity means the ratio of the mass of a given volume of 
liquid at 15 C (60 F) to the mass of an equal volume of pure 
water at the same temperature.
    Spill management team means the personnel identified to staff the 
organizational structure identified in a response plan to manage 
response plan implementation.
    Substantial threat of a discharge means any incident or condition 
involving a facility that may create a risk of discharge of oil. Such 
incidents include, but are not limited to storage tank or piping 
failures, above ground or underground leaks, fires, explosions, 
flooding, spills contained within the facility, or other similar 
occurrences.
    Tier means the combination of required response resources and the 
times within which the resources must arrive on scene.
    [Note: Tiers are applied in three categories:
    (1) Higher Volume Port Areas,
    (2) Great Lakes, and
    (3) All other operating environments, including rivers and canals, 
inland, nearshore, and offshore areas.
    Appendix C, Table 4 of this part, provides specific guidance on 
calculating response resources. Sections 154.1045(f) and 154.1135, set 
forth the required times within which the response resources must arrive 
on-scene.]
    Vegetable oil means a non-petroleum oil or fat derived from plant 
seeds, nuts, kernels or fruits, and not specifically identified 
elsewhere in this part.
    Worst case discharge means in the case of an onshore facility and 
deepwater port, the largest foreseeable discharge in adverse weather 
conditions meeting the requirements of Sec. 154.1029.

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-1999-5149, 65 
FR 40825, June 30, 2000]