[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: 33CFR154.545]

[Page 307]
 
                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 C--Equipment Requirements
 
Sec. 154.545  Discharge containment equipment.

    (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.

[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]