[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: 33CFR154.1025]

[Page 326-327]
 
                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. 154.1025  Operating restrictions and interim operating authorization.

    (a) The owner or operator of an MTR facility who submitted a 
response plan prior to May 29, 1996, may elect to comply with any of the 
provisions of this final rule by revising the appropriate section of the 
previously submitted plan in accordance with Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 
154.110.
    (c) Notwithstanding the requirements of paragraph (b) of this 
section, a facility categorized under Sec. 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 Sec. 
154.1028(a), the availability of the necessary private personnel and 
equipment to respond, to the maximum extend practicable to a worst case 
discharge or substantial threat of such a discharge from the facility. 
Provided that the COTP is satisfied with the certification of response 
resources provided by the owner or operator of the facility, the COTP 
will provide written authorization for the facility to handle, store, or 
transport oil while the submitted response plan is being reviewed. 
Pending approval of the submitted response plan, deficiencies noted by 
the COTP must be corrected in accordance with Sec. 154.1070.
    (d) A facility may not continue to handle, store, or transport oil 
if--
    (1) The COTP determines that the response resources identified in 
the facility certification statement or reference response plan do not 
substantially meet the requirements of this subpart;

[[Page 327]]

    (2) The contracts or agreements cited in the facility's 
certification statement or referenced response plans are no longer 
valid;
    (3) The facility is not operating in compliance with the submitted 
plan;
    (4) The response plan has not been resubmitted or approved within 
the last 5 years; or
    (5) The period of the authorization under paragraph (c) of this 
section has expired.