[Federal Register Volume 59, Number 167 (Tuesday, August 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21181]
[[Page Unknown]]
[Federal Register: August 30, 1994]
_______________________________________________________________________
Part II
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 237
Waste Handling Practices for Vessels and Waste Transfer Stations;
Proposed Rule
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 237
[FRL-4863-6]
Waste Handling Practices for Vessels and Waste Transfer Stations
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Shore Protection Act of 1988 requires that the
Environmental Protection Agency (EPA) prescribe waste handling
regulations for waste sources, receiving facilities, and vessels
handling or transporting municipal or commercial waste in coastal
waters.
The EPA is requesting comments on these proposed regulations which:
Require that waste sources, receiving facilities, and vessels provide
the means and facilities to minimize waste deposited into coastal
waters during loading, offloading, and transport; require the
development, adoption, and, as appropriate, submission by each
responsible party of an Operation and Maintenance manual identifying
procedures to be used to prevent, report, and clean up any deposit of
municipal or commercial waste into coastal waters, including record
keeping requirements; and as necessary, require use of tracking systems
to assure adequate enforcement of laws preventing the deposit of
municipal or commercial waste into coastal waters.
DATES: Written comments on the proposed rule must be received on or
before October 31, 1994.
ADDRESSES: Written comments on the proposed rule should be addressed to
Waste Handling Practices Comment Clerk; Water Docket MC-4101, United
States Environmental Protection Agency, 401 M St. S.W., Washington,
D.C. 20460. Comments should include the name and address of the person
commenting, identify this proposed rule by name (Waste Handling
Practices for Vessels and Waste Transfer Stations), and cite the
specific section of the proposed rule to which each comment applies.
Commenters are also requested to submit any references cited in their
comments. Commenters are also requested to submit an original and three
copies of their written comments and enclosures. Commenters who want
receipt of their comments acknowledged should include a self-addressed,
stamped envelope. All comments must be postmarked or delivered by hand
by October 31, 1994. No fascimilies (faxes) will be accepted. For
access to the Docket materials, call (202) 260-3027 between 9 a.m. to
3:30 p.m., Monday through Friday, excluding legal holidays, for an
appointment. EPA public information regulation (40 CFR part 2) provides
that a reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Joel Salter, Oceans and Coastal
Protection Division, United States Environmental Protection Agency,
4504F, 401 M St. S.W., Washington, D.C. 20460. Telephone: (202) 260-
8484.
SUPPLEMENTARY INFORMATION:
I. Introduction
On November 18, 1988, Congress enacted the Shore Protection Act (33
U.S.C. 2601, Public Law 100-688, 102 Stat. 4139 hereinafter referred to
as ``SPA'') to minimize trash, medical debris and other unsightly and
potentially harmful materials from being deposited into the coastal
waters of the United States as a result of inadequate waste handling
procedures by vessels transporting wastes on U.S. coastal waters and
associated loading and off-loading facilities. SPA is Title IV,
Subtitle A of P.L. 100-688. The Congressional Conference Report on P.L.
100-688 stated that landfills and their attendant barging operations
are a major source of floatable waste in harbor areas. The report
concluded that this type of waste has fouled the beaches of this
country on several occasions, reducing the quality of coastal waters,
endangering the health of humans, marine mammals, waterfowl and fish,
and causing severe declines in coastal economies dependent upon tourism
and recreational uses.
Section 4102 of SPA, titled Vessel Permits and Numbers, establishes
that a vessel may not transport municipal or commercial waste in
coastal waters without: (1) A permit from the Secretary of
Transportation; and (2) displaying a number or other marking as
prescribed by the Secretary under Chapter 123 of Section 12502(b) of
Title 46, United States Code. The Department of Transportation (DOT)
has promulgated an interim regulation on vessel permitting and vessel
numbering system (33 CFR part 151, subpart B).
Section 4103(a) of SPA requires owners and operators of waste
sources, vessels transporting waste and waste receiving facilities to
take all reasonable steps to minimize the amount of municipal or
commercial waste deposited into coastal waters both during vessel
loading and unloading operations, and during vessel transportation from
a waste source to a receiving facility.
EPA and DOT have been given authority to implement certain
provisions of SPA. DOT is responsible for issuing permits to the
appropriate vessels and for prescribing the number or marking which the
vessel must display under section 4102 of SPA. EPA is responsible for
developing the regulations, in consultation with DOT, which prescribe
waste handling practices pursuant to section 4103(b) of SPA. This
proposed rule, when promulgated, will fulfill EPA's obligation under
SPA section 4103(b). DOT is responsible for enforcing SPA, although the
Secretary of Transportation may authorize other officers or employees
of the United States Government to enforce provisions of SPA under
title 14 U.S.C. 89.
The Secretary of Transportation has designated the United States
Coast Guard (USCG) as the lead entity in implementing SPA on DOT's
behalf. Vessel permits under SPA are issued by the USCG in accordance
with 33 CFR part 151, subpart B. Under Sections 4102(d), (e) and
4104(a) of SPA, EPA has a consultation role on USCG permits and can
request that the USCG deny, suspend or revoke a permit. Specifically,
SPA section 4102(d) provides that DOT (USCG) and EPA can deny a permit
if the owner or operator of a vessel has a record indicating a pattern
of serious violations of any of the following statutes: The Shore
Protection Act (33 U.S.C. 2601 et seq.); The Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.); The Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.); The Rivers and
Harbors Appropriation Act of 1899 (33 U.S.C. 401 et seq.); or The
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). SPA
directs the USCG to provide a hearing process for denial, suspension or
revocation of a permit.
The EPA is proposing these regulations to set waste handling
practices for municipal and commercial waste transported in U.S.
coastal waters. SPA permits will require the permittee to comply with
these EPA regulations when they are promulgated in final form.
The proposed rules draw on experience from the State of New York (6
NYCRR Part 360, Solid Waste Management Facilities Document for Solid
Waste and Semi-solid Waste Handling Practices), and from the State of
Louisiana (Regulation 29-B, section pertaining to permitting of vessels
that haul municipal and commercial waste).
The USCG has issued interim final regulations which prescribe
permit application requirements for SPA permits (33 CFR part 151). The
regulations proposed today are designed to work in concert with the
USCG permit regulations to implement SPA. These regulations apply in
addition to, and not in lieu of, all applicable requirements under any
other statutes.
II. Detailed Discussion of the Proposed Rule
Purpose
Section 237.1, as proposed, essentially restates the regulatory
authority given to EPA under section 4103(b) of SPA. It requires EPA to
prescribe regulations that provide methods to minimize waste deposits
into coastal waters during loading, offloading, and transport. It
provides for the development and submission, as appropriate, of an
Operation and Maintenance manual that will identify procedures to
prevent, report and clean up deposits of waste and keep records.
Moreover, it allows the Administrator to require owners or operators of
waste sources, vessels, and receiving facilities to operate a tracking
system if the Administrator determines them necessary to assure
adequate compliance with SPA.
Applicability
Except for those exemptions described below, these proposed
regulations apply to all owners and operators of vessels transporting
municipal or commercial waste in coastal waters; waste sources from
which municipal or commercial waste is loaded onto a vessel in coastal
waters; and receiving facilities to which municipal or commercial waste
is offloaded from a vessel in coastal waters. Coastal waters is defined
in the statute (SPA section 4101(2)) and in proposed Sec. 237.3(b).
Where there is ambiguity on the applicability of SPA, we are providing
clarification below.
Vessels Included
Proposed Sec. 237.2 states that the rule would apply to vessels
which transport municipal or commercial waste in coastal waters. Owners
or operators of these vessels are required, among other things, to
obtain permits from the USCG, and to assure that any deposit of waste
into coastal waters from the vessel during transport is minimized. The
preamble to the USCG's interim permitting regulations states that a
vessel which regularly transports miscellaneous cargo in coastal waters
but is hired to transport municipal or commercial waste for a specific
voyage is required to have a permit to transport the municipal or
commercial waste for that voyage. A SPA permit and compliance with
waste handling requirements of this rule (when finalized) are required
of the vessel where the predominant business or purpose of the vessel
for that voyage is transportation of municipal or commercial waste (54
FR 22546, 22547, May 24, 1989).
In developing this regulation, EPA has worked with the USCG to
identify vessels that have applied for SPA permits. In doing so, it
became clear that there are vessels currently transporting municipal
and commercial waste that have not applied for a permit under the USCG
permitting requirements. For example, EPA is aware of a number of
vessels that support the offshore oil and gas industry by transporting
packaged garbage, drilling fluids, and drill cuttings from oil and gas
platforms and developed and undeveloped lease blocks in coastal waters
to shore for disposal. EPA believes that these vessels fall within the
scope of SPA because they are transporting commercial waste in coastal
waters. Therefore, EPA believes that vessels which are used,
contracted, or hired to transport oil field municipal and commercial
waste from offshore development and production facilities to shore
reception facilities, commonly referred to as ``supply vessels,'' are
required to comply with these regulations, when promulgated in final
form. After consulting with the USCG, the agency has been informed that
the USCG believes that these ``supply vessels'' are also subject to the
permitting requirements under 33 CFR part 151, subpart B.
Vessels used, contracted or hired for the purpose of pumping sewage
from other vessels are also covered by these regulations. The Agency
considered excluding these pump-out vessels from the universe of
regulated entities to encourage their use, but concluded that the
requirements imposed by these regulations are minimal, and should not
discourage the use of pump-out vessels.
Vessels Excluded
Section 4102(a) of SPA clearly exempts public vessels from this
regulation. Section 237.2(b)(1), as proposed, supports this exemption
by restating that these regulations do not apply to such vessels (as
defined in 33 CFR 151.1006). ``Public vessels'' are defined as vessels
that are owned or demise chartered and operated by the United States
government or a government of a foreign country and are not engaged in
commercial service. SPA states that vessels as defined in section 2101
of title 46 of the United States Code are not required to apply for a
SPA permit to transport municipal or commercial waste in coastal waters
or comply with this rule. Note that a public vessel would not include a
vessel owned by a municipality.
In addition, these proposed regulations would not apply to vessels
which transport some quantity of municipal or commercial waste
incidental to the predominant business or purpose of the vessel. For
example, a ferry transporting people and vehicles which also transports
a garbage truck loaded with municipal or commercial waste is not
required to apply for a SPA permit and would be exempt from complying
with this rule. In this example, the ferry's predominant business or
purpose is not waste transportation.
The conference report on P.L. 100-688 states that SPA was intended
``only to apply to vessels whose purpose is the transportation of
municipal or commercial waste, not all vessels. It was not intended to
apply to vessels that may generate waste during their `normal
operations'.'' Examples of vessels exempt from this rule because of the
normal operation exemption would be a cruise ship and a fishing vessel,
both of which transport waste generated by the crew and passengers
during a voyage. This ``normal operation'' exemption is set forth in
section 4101(3)(B) of SPA.
If normal operational waste meeting the definition of municipal or
commercial waste is transferred from the generating vessel to another
vessel contracted to transport waste, the vessel receiving the
municipal or commercial waste is subject to the requirements of SPA as
a vessel and receiving facility and must comply with requirements under
these regulations when finalized. The waste generating vessel is not
regulated under SPA. This clarification allows vessels, such as cruise
ships and fishing vessels, to offload their normal operational waste
without being subject to SPA requirements.
Waste Sources
SPA section 4103(a)(1) requires owners or operators of waste
sources to take all reasonable steps to assure that all municipal or
commercial waste is loaded onto a vessel in a manner that assures that
waste deposited into coastal waters is minimized. There are a variety
of entities that handle municipal or commercial waste that are
considered waste sources for purposes of these regulations. These
include trucks, certain vessels, waste transfer stations, and island
docks or piers. The following provides some examples of how and when
this regulation applies to some of these waste sources. Offshore oil
and gas exploration platforms will not be considered waste sources
under SPA, for the reasons set forth below.
A truck transporting municipal or commercial waste will be
considered a waste source (i.e., rolling stock or motor vehicle) if it
directly loads its waste onto a vessel. If a truck will be transferring
municipal or commercial waste to a vessel by means of a waste transfer
station, EPA is proposing in Sec. 237.2(b)(4) that the truck not be
considered a waste source, and therefore not be subject to the
requirements of these regulations on its own. Instead, the waste
transfer station would be considered the waste source responsible for
ensuring that the waste transfer meets the waste handling standards for
these regulations. Section 237.4(e)(1)(ii) should be interpreted to
require the owner or operator of a waste source to incorporate
guidelines in the Operation and Maintenance manual that accounts for
the truck or vessel transfer. The waste transfer station more typically
will have the necessary equipment and personnel to comply with these
regulations. Rolling stock and motor vehicles typically are not
equipped with containment or diversionary structures e.g. dip nets,
oily water separators etc., and will not, in most cases, be able to
comply with requirements being proposed in Sec. 237.4.
In the situation where waste is transferred from an offshore oil
and gas development and production facility, the oil and gas facility
is not a waste source for purposes of these regulations. That transfer
is governed by the Clean Water Act (National Pollution Discharge
Elimination System), which regulates, among other things, the discharge
of pollutants from point sources, including offshore oil and gas
development and production facilities, and the Marine Plastic Pollution
Research and Control Act (MPPRCA) which governs the regulation of
garbage generated by ships. Under the Clean Water Act, EPA has
promulgated effluent limitation guidelines and new source performance
standards for the offshore oil and gas industry (58 FR 12453, March 4,
1993). Coverage of these offshore oil and gas development and
production facilities under SPA would be duplicative and unnecessary.
Definitions
Section 237.3 lays out definitions to be used to interpret and
implement these regulations. Some of the definitions are the same as
the definitions in SPA. Others are clarifications or additions to those
definitions. Unless otherwise noted, those terms are consistent with
USCG definitions under 33 CFR part 151. The definitions proposed today
that are different or in addition to those in SPA include definitions
for the terms waste source, receiving facility, operator, owner, SPA,
waste deposit, and waste transfer station.
EPA proposes to include within the coverage of this regulation a
typical waste transfer from vessel to vessel (with exceptions noted in
the discussion of vessels excluded under the applicability section) by
including the term ``vessel'' in the definition of waste source and the
definition of receiving facility. This is clearly within the intent of
the statute. Vessels which transfer municipal or commercial waste to
other vessels, unless excluded as described above, will be required to
comply with these regulations as a waste source or receiving facility
(depending on whether the transfer is loading onto or offloading from
the vessel) and to clean up waste deposited into U.S. coastal waters as
a result of inadequate waste transport or transfer practices.
The definition of ``vessel'' includes non self-propelled vessels
and the attendant towing vessel. This is included to ensure that barges
tied to a towing vessel are covered by these regulations. They would be
considered one vessel.
The definition of ``waste source'' includes any rolling stock or
motor vehicles from which waste is directly loaded onto vessels. As
explained infra, once rolling stock (e.g., a garbage truck) enters a
waste transfer station, the transfer station, and not the rolling stock
would be the sole waste source responsible for all appropriate waste
handling practices and requirements under these proposed regulations.
Note that the definition of ``municipal and commercial waste'' is
proposed as defined in section 4103 of SPA, as ``solid waste'' and
includes solid, semi-solid, and liquid materials (as defined in section
1004 of the Solid Waste Disposal Act, 42 U.S.C. 6903), with exceptions
as defined in Section 4101(3) of SPA. It also includes waste drilling
fluids and drill cuttings.
Specific Waste Handling Practices for Waste Sources and Receiving
Facilities During Loading and Offloading
Proposed Sec. 237.4 would require the owner or operator of a waste
source or receiving facility to: (1) Meet standards related to loading
and offloading municipal or commercial waste to assure that any deposit
of waste in coastal waters is minimized; (2) provide methods and
procedures to promptly clean up waste deposited in coastal waters; (3)
have fixed lighting; (4) develop, adopt, and submit, as appropriate, an
Operation and Maintenance manual; and (5) maintain records of waste
deposited in coastal waters. EPA considered other alternatives to the
regulations proposed today, such as identifying specific methods and
tools for clean up required by the regulations instead of generic waste
handling practice standards. Rather than require the use of specific
methods or tools, EPA believes that the generic waste handling
practices contained in the proposed regulations, if promulgated in
final form, will be sufficient to eliminate the waste problems
resulting from inadequate municipal and commercial waste handling
activities in coastal waters while preserving necessary flexibility on
how to best achieve that result.
Among the proposed waste handling practices for waste sources and
receiving facilities are requirements for containment or diversionary
structures. EPA believes this equipment, e.g., booms, dip nets, and
oily water separating equipment, is necessary to control or contain the
waste that is deposited in coastal waters. In addition, EPA proposes
that waste sources and receiving facilities must have fixed lighting
when conducting loading and offloading operations between sunset and
sunrise. Such lighting is necessary to provide waste handling personnel
with the visual ability to control and contain waste transfers with a
minimum of improper disposal into coastal waters.
The proposal also contains requirements for owner or operators of
waste sources and receiving facilities to clean up all municipal or
commercial waste that may have been deposited into coastal waters
during loading or offloading. EPA is proposing that such clean up must
occur before the first high tide after the disposal occurs. EPA
believes that requiring this time frame for the clean up is appropriate
because otherwise the waste would disperse at high tide beyond the
waste source or receiving facilities' ability to contain or control the
waste. Among the cleanup methods set forth in the proposed rule are
sweeper boats, manned boats with nets, booms or other equipment, and/or
shoreline cleanup personnel. The proposed rule would require that
cleanup resources be in continuous operation or on standby for loading
and offloading operations which take place during an ebb tide. EPA
believes that this requirement will ensure that waste that is deposited
into coastal waters is contained or controlled before it has the chance
to disperse with an ebb tide.
The proposal also would require waste sources and receiving
facilities to have a placard located at the facility which is readily
visible to persons involved in waste handling practices. Such placard
would need to display the name and telephone number of the individual
responsible for notifying the USCG National Response Center (NRC) at 1-
800-424-8802 in the event of a deposit of waste into coastal waters
that is not cleaned up.
SPA section 4103(b)(2) provides that the Administrator may require
responsible parties to submit Operation and Maintenance manuals, as
appropriate. EPA proposes to require that all waste sources and
receiving facilities covered under SPA (with the exceptions noted in
Sec. 237.2), develop and adopt these manuals and that each of the waste
sources and receiving facilities submit to the EPA a letter certifying
that the manual was developed in accordance with the guidelines
provided. The Operation and Maintenance manual shall then be submitted
to the Administrator only upon request, and, if requested, within two
weeks of the request by the Administrator for the manual.
Alternatives, such as requiring the submission of operation and
maintenance manuals by a subset of the regulated community, or ``as
appropriate,'' depending on the circumstances, would be difficult to
implement and more likely an obstacle to meeting the intent of SPA. The
development of operation and maintenance manuals by all of the
regulated community will ensure that owners and operators are aware of
waste handling procedures, including who shall be responsible for the
cleanup of waste deposits, notification and reporting requirements, and
equipment needed to contain and or clean up a waste deposit. Submission
of manuals upon request will help assure that there is a minimum
standard of waste handling practices for the regulated community. To
facilitate implementation of this requirement, EPA is proposing as an
appendix to this regulation information on developing an operation and
maintenance manual. The proposal leaves the content of the manual
flexible--each responsible party will develop its own procedures and
document these procedures in the manual, following the general guidance
in the appendix. EPA encourages those that have already developed
operation and maintenance manuals consistent with the guidelines
prescribed in Appendix A to use these manuals. Those that have not yet
developed a relevant operation and maintenance manual are encouraged to
use the guidelines provided in Appendix A to develop a manual.
Under this proposal, the Administrator or the Secretary may review
these manuals and either accept the manual or reject the manual with
comment if the manual fails to provide the necessary information
prescribed in the regulations. Operations may continue during this
review process. Failure to develop an operation and maintenance manual,
or to follow the procedures adopted in the facility's manual, would be
a violation of these regulations.
The Operation and Maintenance manual must include procedures for
notifying the USCG in the event of a deposit of regulated waste into
coastal waters that is beyond the capacity of the owner or operator to
clean up. In addition, it must identify an individual responsible for
such notification. This individual must be designated by the owner or
operator of the waste source or receiving facility. The identification
of this person and his or her responsibilities shall provide a process
for reporting and requesting assistance in the case of a deposit beyond
the capacity of the waste source, vessel or receiving facility to
contain and clean up after implementing clean up procedures outlined in
the operation and maintenance manual. The responsible individual must
be a supervisory employee responsible for waste handling activities or
an officer of the company owning or operating the waste source, vessel
or receiving facility, who is responsible for some aspect of waste
handling activities (e.g. vice president in charge of operations).
Therefore, the responsible individual can be an owner or operator of
the company. When a municipal or commercial waste deposit is beyond the
capacity of the regulated entity to clean up after implementing the
clean up procedures outlined in the Operation and Maintenance manual,
the responsible individual is accountable for notifying the USCG NRC in
the case of a deposit of waste into coastal waters.
The regulations would require that the Operation and Maintenance
manual be accessible to all employees involved in waste handling
activities. In addition to the notification requirements, any person
witnessing a deposit of municipal or commercial waste into coastal
waters is encouraged to contact the USCG NRC when it is suspected that
there is a violation of these regulations. Owners and operators are
encouraged to put this USCG NRC number on the placard.
Specific Waste Handling Practices for Vessels During Transport
Proposed Sec. 237.5 provides a standard for waste handling
practices for vessels during transport of municipal or commercial waste
in coastal waters. This standard requires that the owner or operator
ensure that the deposit of waste into coastal waters from a vessel is
minimized. For example, open hopper barges transporting municipal solid
waste could comply by covering the entire open area of the hopper barge
with a net suitable for minimizing waste deposits into coastal waters
during transport. In addition to meeting this standard, all vessels
requiring a SPA permit will be required to submit an Operation and
Maintenance manual to the appropriate USCG office with their permit
application. The permittee or applicant should call the USCG NRC to
obtain the address of the appropriate USCG office for the area in which
the vessel will operate. The owners or operators of vessels which have
already obtained a conditional permit under the USCG interim permitting
rule (33 CFR Part 151) would be required to submit an Operation and
Maintenance manual within 180 days of the effective date of the rule.
Owners and operators of vessels not yet permitted would need to submit
an Operation and Maintenance manual at the time they submit a permit
application to the USCG.
Operation and Maintenance manual requirements for vessels are
similar to those proposed for waste sources and receiving facilities
discussed above. EPA considered requiring vessel owners and operators
to submit to the USCG a letter certifying the development of the
Operation and Maintenance manual rather than the manual itself;
however, EPA decided that because vessels are required to submit an
application for a permit it is logical to include a copy of their
manual. Submission of the manual with the permit application ensures
that the permit applicant has fully considered these waste handling
practices, cleanup measures, record keeping, and reporting requirements
and has documented them accordingly. Guidance for development of a
vessel Operation and Maintenance manual is found in Appendix A of this
proposal. Failure to develop an Operation and Maintenance manual is a
violation of SPA and these regulations.
EPA is proposing that the owner or operator of a vessel subject to
this regulation must secure the waste to ensure that deposit in coastal
waters is minimized. In particular, vessels must not be loaded in
excess of their design capacity or in a manner inconsistent with the
vessel's Operation and Maintenance manual. Loading of a vessel in
excess of its capacity would clearly pose risks of waste deposition in
coastal waters. In addition, the proposal contains a provision which
would require vessels to have and use a drainage containment system.
Such a system will reduce the amount of leachate discharge into coastal
waters. EPA is also proposing that all ports and valves which may be
used for flushing or discharging waste residue from the hull or tanks
must be labelled and valve seals shall be placed on the valves. This
requirement would ensure that waste handling personnel would easily be
able to control the movement of leachate and waste on the vessel.
The Agency is proposing that owners or operators of vessels remove
all municipal or commercial waste deposited into coastal waters during
transport, or, when appropriate, during the waste transfer. This
proposal also would require the vessels to have the capability on board
to clean up the waste deposited or to call a support unit to clean up
the waste deposited. In addition, as EPA proposed for waste sources and
receiving facilities, the proposal would require vessels to have a
placard located on board which is readily visible to persons involved
in waste handling practices. The placard would have to display the name
and telephone number of the individual responsible for notifying the
USCG NRC of a deposit of waste in coastal waters that is beyond their
capacity to clean up.
Finally, the proposal would require vessel owners or operators to
maintain records of municipal or commercial waste deposited in coastal
waters. The records are to include information on the date and time of
day the deposit occurred; the type of waste deposited; the estimated
amount and type of waste recovered; and the name of the vessel from
which the deposit occurred. Section 4103(b)(2) authorizes EPA to
include record keeping requirements in the regulations, and the Agency
believes that such requirements are reasonable, and will encourage
proper handling of waste so that deposits into U.S. coastal waters do
not occur. Similar requirements have been proposed for the owners and
operators of waste sources and receiving facilities.
As with waste handling practices proposed for waste sources and
receiving facilities, EPA considered alternatives to regulating these
vessels, such as specific procedures and equipment required on board a
vessel. Because of the variability in nature of municipal and
commercial waste transported, in addition to the variety of vessels,
waste sources and receiving facilities affected by this rule, EPA chose
to propose a waste handling practice standard alternative today that is
flexible yet sufficient to carry out the goals of the statute.
Tracking System
Section 4103(b)(3) of SPA allows for tracking systems to be
required if the Administrator determines that tracking systems will be
necessary to assure adequate enforcement of the requirements in SPA and
these regulations. EPA, in consultation with the USCG, conducted a
study on the need for tracking systems for vessels transporting
municipal and commercial waste. The results of this study are
documented in a Report to Congress submitted by EPA in August of 1992,
titled ``The Need for Tracking Systems on Vessels Transporting
Municipal or Commercial Wastes.'' EPA is proposing to follow the
recommendation outlined in that report and require a tracking system in
the future only if deemed necessary by the Administrator (on a case-by-
case basis).
EPA is proposing in Sec. 237.6 today that a tracking system may be
required for owners and operators of waste sources, vessels, and
receiving facilities which have been identified as persistent
violators. In determining whether to require a tracking system, EPA is
proposing that the Administrator consider the following variables: (1)
The owner's and operator's history of compliance with SPA; (2) the
owner's and operator's history of compliance with other environmental
statutes; (3) the characteristics and amounts of waste transported; and
(4) the feasibility of installing a specific kind of tracking system.
A tracking system can be used to provide a manifest of waste
movement, track the waste from a waste source to the offloading
facility, or serve any purpose deemed appropriate by the Administrator
to track persistent violators.
Enforcement
Sections 4105 and 4108 of SPA give the Secretary of Transportation
the authority to enforce the requirements of SPA and assess penalties.
The Secretary has delegated this authority to the USCG. Under SPA, EPA
also is provided authority under sections 4105 and 4104 to: (1) Conduct
investigations of an owner or operator of a vessel or facility if the
owner or operator has five or more separate violations during a six-
month period; and (2) request that the Secretary of Transportation
suspend or revoke a permit issued to a vessel for a violation of SPA or
regulations promulgated under SPA.
SPA section 4108 states that after notice and an opportunity for a
hearing, a person found by the Secretary of Transportation to have
violated the SPA or a regulation promulgated under it for which a civil
penalty is provided is liable to the United States for the civil
penalty so provided. 33 U.S.C. section 2608(a). Section 4109 of the SPA
establishes that a person who violates SPA requirements is liable to
the United States government for a civil penalty of not more than
$25,000. 33 U.S.C. Section 2609(a). The Act specifies that each day of
a continuing violation is a separate violation. Id.
Proposed Sec. 237.7(a) codifies the notice and opportunity for a
hearing provisions from the statutory language of SPA section 4108(a).
The legislative history of SPA makes it clear that the assessment of
civil penalties should not require an ``on the record'' hearing within
the meaning of the Administrative Procedure Act. H. Conf. Rep. No. 100-
1090, at 46 (Oct. 18, 1988). As noted above, the USCG has been
delegated the authority to enforce the requirements of SPA, and the
legislative history specifically cites the USCG civil penalty
procedural rules under 33 CFR 1.07 as providing the appropriate level
of due process, notice, and opportunity to be heard. Id. Thus,
Sec. 237.7(a) of the proposed rule specifies that prior to issuing a
SPA civil penalty, notice and an opportunity for a hearing will be
conducted in accordance with the Coast Guard's civil penalty
procedures. The Coast Guard has indicated to EPA its intent to utilize
the procedures in 33 CFR 1.07 for imposition of civil penalties under
SPA.
Section 237.7(b) provides the legal authority for the imposition of
a civil penalty for any violation of the substantive provisions of part
237 by restating the statutory penalty level provided in section
4109(a) of SPA.
With regard to the ``person'' liable for penalties, section 4104(c)
broadly defines the term ``person'' to mean an ``individual, trust,
firm, joint stock company, corporation (including a government
corporation), partnership, association, state, municipality,
commission, political subdivision of a State, or any interstate body.''
33 U.S.C. 2604(4). Under the terms of Sec. 237.3, any of such
``persons'' could qualify as an owner or operator of a regulated
entity, and be subject to the assessment of civil penalties by the
Secretary.
EPA Review Procedures and Grounds for Denial
Section 4102(e) provides that the Secretary, after consultation
with the Administrator, shall issue or deny a permit, within 30 days of
receiving a complete application. EPA and the USCG intend to establish
the inter-agency permit and application review procedures in a
Memorandum of Understanding (MOU). These inter-agency review procedures
will be developed jointly with the USCG.
III. Compliance With Other Acts and Orders
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), The
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlement,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et
seq., whenever an agency is developing regulations, it must prepare and
make available for public comment the impact of the regulations on
small entities (i.e., small businesses, small organizations, and small
governmental jurisdictions). However, no regulatory flexibility
analysis is required if the head of the agency certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. The Agency has prepared a Regulatory Impact Analysis
(RIA). This RIA shows that the estimated first year cost is
approximately $1,609,000 for vessels, waste sources, and receiving
facilities. Annual costs during the next 5 years are estimated at
$249,000 for vessels, waste sources, and receiving facilities. The
average first year costs per vessel of $253-$1,413 are not considered
significant. The average first year costs for waste sources and
receiving facilities are estimated at $126-$2,316. The largest share of
compliance costs, measured as first year costs, will be for waste
transport vessels, primarily supply boats transporting muds and
packaged garbage from offshore rigs. Based on EPA's analysis of the
effected regulated community, I certify that this proposed rule imposes
no significant economic impacts on a substantial number of small
entities.
C. Paperwork Reduction Act
The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et. seq. An
Information Collection Request document has been prepared by EPA (ICR
#1700.01) and a copy may be obtained from the Information Policy
Branch; EPA; 401 M St., S.W. (Mail Code 2136); Washington, DC 20460 or
by calling (202)260-2740.
This collection of information has an estimated reporting burden
averaging 4 hours per response and an estimated annual recordkeeping
burden averaging 25 hours per respondent. These estimates include time
for reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information.
Comments regarding the burden estimate or any other aspect of this
collection of information, including suggestions for reducing this
burden should be sent to Chief, Information Policy Branch, EPA, 401 M
St. S.W. (mail code 2136), Washington, DC 20460; and to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503, marked ``Attention: Desk Officer for EPA.'' The
final Rule will respond to any public comments on the information
collection requirements contained in this proposal.
List of Subjects in 40 CFR Part 237
Environmental protection, Coastal zone, Marine debris, Municipal
and commercial waste, Penalties, Reporting and recordkeeping
requirements, Solid waste, Vessels, Waste handling practices, Water
pollution control.
Dated: August 19, 1994.
Carol M. Browner,
Administrator.
40 CFR part 237 is proposed to be added to read as follows:
PART 237--WASTE HANDLING PRACTICES FOR VESSELS AND WASTE TRANSFER
STATIONS
Sec.
237.1 Purpose.
237.2 Applicability.
237.3 Definitions.
237.4 Specific waste handling practices for waste sources and
receiving facilities during loading and offloading.
237.5 Specific waste handling practices for vessels during
transport.
237.6 Tracking system.
237.7 Enforcement.
Appendix A to Part 237--Guidance on Operation and Maintenance
Manuals for Waste Sources, Vessels and Receiving Facilities
Appendix B to Part 237--EPA Regional Contacts for SPA
Authority: 33 U.S.C. 2602 et seq.
Sec. 237.1 Purpose.
This Part 237 establishes regulatory requirements in response to
the Shore Protection Act of 1988 (33 U.S.C. 2601 et. seq.). This part
includes provisions for:
(a) Waste minimization. Requirements under the Shore Protection
Act, title IV of Public Law 100-688 (102 Stat. 4154-4159), for vessels,
waste sources, and receiving facilities to assure that commercial and/
or municipal waste deposited into coastal waters during loading,
offloading and transport is minimized;
(b) Operation and Maintenance Manual development. The preparation,
adoption, and as appropriate, submission, by the owner or operator of a
waste source, vessel, or receiving facility, of an Operation and
Maintenance manual identifying procedures to be used to prevent,
report, and clean up any deposit of municipal or commercial waste into
coastal waters, including record keeping requirements; and
(c) Tracking system installation. Tracking systems where and when
the Administrator determines they are necessary to assure adequate
compliance with laws regarding the deposit of municipal or commercial
waste into coastal waters.
Sec. 237.2 Applicability.
(a) Inclusion. Except as provided in paragraph (b) of this section,
this part applies to each owner or operator of:
(1) A vessel transporting municipal or commercial waste in coastal
waters;
(2) A waste source as defined in Sec. 237.3(l); or
(3) A receiving facility as defined in Sec. 237.3(g).
(b) Exclusion. This part does not apply to:
(1) The owner or operator of a public vessel as defined in
Sec. 237.3(f);
(2) Vessels transporting municipal or commercial waste incidental
to their predominant business or purpose;
(3) Vessels transporting municipal or commercial waste generated
during normal operations;
(4) Rolling stock or motor vehicles which transfer municipal or
commercial waste to a vessel within a waste transfer station; and
(5) Offshore oil and gas development and production facilities.
(c) Compatibility. The requirements of the Shore Protection Act
(SPA) and this part, apply in addition to, and not in lieu of, all
applicable requirements under any other statutes.
Sec. 237.3 Definitions.
The definitions set forth in section 4101 of SPA apply to this
part, except if they have been modified in this section.
(a) Administrator. Administrator means the Administrator of the
Environmental Protection Agency or person designated by the
Administrator.
(b) Coastal waters. Coastal waters means--
(1) The territorial seas of the United States;
(2) The Great Lakes and their connecting waters;
(3) The marine and estuarine waters of the United States up to the
head of tidal influence; and
(4) The Exclusive Economic Zone as established by Presidential
Proclamation 5030, dated March 10, 1983 (3 CFR, 1983 Comp., p. 22).
Note: Under this proclamation, the Exclusive Economic Zone
extends from the baseline of the territorial sea of the United
States seaward 200 nautical miles.
(c) Municipal or commercial waste. Municipal or commercial waste
means solid waste (as defined in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903)) except--
(1) Solid waste identified or listed under section 3001 of the
Solid Waste Disposal Act (42 U.S.C. 6921);
(2) Waste generated by the vessel during normal operations;
(3) Debris solely from construction activities;
(4) Sewage sludge subject to regulation under title I of the Marine
Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1401 et
seq.); and
(5) Dredged or fill material subject to regulation under title I of
the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C.
1401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.), or the Rivers and Harbors Appropriation Act of 1899 (33
U.S.C. 401 et seq.).
(d) Operator. Operator means any person responsible for the overall
operation of a vessel, waste source, or receiving facility that handles
municipal or commercial waste.
(e) Owner. Owner means any person who owns a vessel, waste source,
or receiving facility, or part of a vessel, waste source or receiving
facility, that handles municipal or commercial waste.
(f) Public vessel. Public vessel means a vessel that--
(1) Is owned or demise chartered, and operated by the United States
Government or a government of a foreign country; and
(2) Is not engaged in commercial service.
(g) Receiving facility. Receiving facility means a facility, vessel
or operation which receives municipal or commercial waste unloaded from
a vessel in coastal waters.
(h) Secretary. Secretary means the Secretary of Transportation.
(i) SPA. SPA means the Shore Protection Act, Title IV of Public law
100-688, section 4101 et seq.; 33 USC 2600 et seq.
(j) Vessel. Vessel means every description of watercraft or other
artificial contrivance used, or capable of being used, as a means of
transportation on water. It includes, in the case of a non-self-
propelled vessel, both the non-self-propelled vessel and the towing
vessel.
(k) Waste deposit. Waste deposit means any municipal or commercial
waste originating from a waste source, receiving facility, or vessel
that is placed, discharged, spilled, dropped, or leaked, into coastal
waters.
(l) Waste source. Waste source means a vessel, or a facility from
which municipal or commercial waste is loaded onto a vessel in coastal
waters, including any rolling stock or motor vehicles from which that
waste is directly loaded.
(m) Waste transfer station. Waste transfer station means a waste
source or receiving facility as defined in Sec. 237.3(g) and (l),
operated primarily for the purpose of loading or unloading municipal or
commercial waste from a land-based source to a vessel or from a vessel
to a landbased receiving facility.
Sec. 237.4 Specific waste handling practices for waste sources and
receiving facilities during loading and offloading.
(a) Waste handling practice standards. (1) The owner or operator of
a waste source or receiving facility shall load and offload municipal
and commercial waste to assure that any deposit of waste into coastal
waters is minimized. Waste sources and receiving facilities shall
employ containment or diversionary structures and appropriate equipment
(such as dip nets and oily water separating equipment).
(2) The methods adopted by the owner or operator to meet these
waste handling practice standards shall be identified in the Operation
and Maintenance manual.
(b) Fixed lighting. The owner or operator of a waste source or
receiving facility shall use fixed lighting when conducting loading and
offloading operations between sunset and sunrise that adequately
illuminates the loading and offloading point and the surrounding area.
(c) Waste deposit cleanup. The owner or operator of a waste source
or receiving facility shall remove all municipal or commercial waste
that may have been deposited into coastal waters from waste loading, or
unloading operations of a waste source or receiving facility. Such
removal shall be completed prior to the first high tide following the
completion of any loading or offloading operation in which the deposit
occurs and before the waste disperses beyond containment ability. The
methods for cleanup of the waste shall be identified in the waste
source and receiving facility's Operation and Maintenance manual.
(1) The methods used may include sweeper boats to sweep up solid
wastes deposited, manned boats with nets to remove waste, booms or
other equipment to recover waste deposited near shore, and/or shoreline
cleanup crews, as long as they meet the requirements of
Sec. 237.4(a)(1).
(2) Cleanup resources shall be in continuous operation or on
standby at the waste source and receiving facility for loading and
offloading operations which take place during an ebb tide.
(3) The owner or operator of the waste source or receiving facility
shall have a placard located at the facility where it will be readily
visible to persons involved in waste handling indicating the individual
responsible for notifying the United States Coast Guard (USCG) National
Response Center in the event of a deposit of waste into coastal waters
that is not completely cleaned up.
(i) The telephone number for the individual responsible for
notification shall be visibly and legibly displayed on the placard.
(ii) The telephone number for the individual responsible for
notification shall be designated by the owner or operator of the waste
source or receiving facility.
(iii) The individual responsible for notification must be a
supervisory employee responsible for waste handling activities or an
officer of the company owning or operating the waste source, vessel or
receiving facility, who is responsible for some aspect of waste
handling activities (e.g. vice president in charge of operations).
(4) If the owner or operator is unable to meet the cleanup
requirements of these regulations after implementing cleanup procedures
specified in the Operation and Maintenance manual, the responsible
individual shall notify the appropriate USCG office. The USCG shall be
notified prior to the first high tide following the completion of any
loading or unloading operation in which the deposit occurs, and before
the waste disperses beyond containment ability. Such verbal
notification shall be followed by written notification to the USCG
within five days.
(d) Waste deposit records. (1) The owner or operator of a waste
source or receiving facility shall maintain a record of municipal or
commercial waste deposited by the waste source or receiving facility
into coastal waters. These records shall include:
(i) Date of deposit of municipal or commercial waste into coastal
waters;
(ii) Time of day the municipal or commercial waste was deposited
into coastal waters;
(iii) Estimated amount and type of waste deposited and amount and
type of waste recovered;
(iv) Estimated amount and type of waste not recovered;
(v) Name of the vessel being loaded/offloaded; and
(vi) Name of the waste source or receiving facility.
(2) The owner or operator shall retain these records for no less
than three years and must submit these records to the Administrator or
the Secretary within five working days of a request by the
Administrator or the Secretary for these records.
(3) The owner or operator shall keep a record of its compliance
with the notification required by Sec. 237.4(c)(4).
(e) Operation and Maintenance Manual. (1) The owner or operator of
each existing waste source and receiving facility shall develop, adopt,
and comply with an Operation and Maintenance manual within 180 days
after [the date the final rule becomes effective]. The owner or
operator of a new waste source or receiving facility shall develop,
adopt, and comply with an Operation and Maintenance manual within 180
days of initiating operations. The manual shall:
(i) Include record keeping procedures;
(ii) Contain a description of the basic operation and maintenance
standards adopted by the waste source or receiving facility to
implement the requirements of Sec. 237.4(a);
(iii) Identify and provide telephone numbers for the individual
responsible for notifying the USCG National Response Center, and the
EPA Regional Office contact for the EPA region in which the waste
source or receiving facility operates (see Appendix B of this part);
(iv) Provide a description of the procedures the owner or operator
will use to clean up any deposit of municipal and commercial waste
consistent with Sec. 237.4(c); and
(v) Comply with the format and guidelines established in Appendix A
for waste sources and receiving facilities.
(2) Submission of a letter of certification.
(i) Each waste source and receiving facility shall submit a letter
within 180 days after [the effective date of the final rule] certifying
that the Operation and Maintenance manual has been developed as
required by this regulation. The letter of certification shall be
submitted to the EPA regional office for the State in which it does
business (see Appendix B of this part).
(ii) The Operation and Maintenance manual shall be submitted to EPA
within two weeks of a request by EPA for the manual.
(iii) If the Administrator determines that the manual fails to meet
the requirements of this part, the Administrator may submit a notice of
disapproval to the owner or operator requiring that the owner or
operator make changes to the Operation and Maintenance manual.
(iv) The owner or operator of a waste source or receiving facility
shall make the required corrections indicated in any notice of
disapproval it receives from EPA and resubmit the manual to EPA within
90 days of the receipt of notice of disapproval.
(3) The Operation and Maintenance manual shall be made available
and accessible to all employees directly associated with municipal or
commercial waste transporting or handling, and to EPA and USCG
representatives upon request.
Sec. 237.5 Specific waste handling practices for vessels during
transport.
(a) Waste handling practice standards. (1) The owner or operator of
a vessel which transports municipal or commercial waste must secure the
waste to assure that any deposit of waste into coastal waters during
transport is minimized. At a minimum the owner or operator must ensure
that:
(i) Waste is not loaded in excess of the vessel's design capacity
nor in a manner inconsistent with the instructions in the vessel's
adopted Operational and Maintenance manual;
(ii) The vessel transporting solid waste has and uses a drainage
containment system for collection of leaching liquids; and
(iii) All ports and valves which may be used for flushing or
discharging waste or waste residue from the hull or tanks are labelled
and valve seals are placed on the valves.
(2) The methods adopted by the owner or operator to meet the waste
handling practice standards shall be identified in the Operation and
Maintenance manual.
(b) Waste deposit clean up. The owner or operator of a vessel
shall:
(1) Remove all municipal or commercial waste that may have been
deposited into coastal waters during transport on the vessel. When a
vessel is also a waste source or receiving facility, it shall be
responsible for the clean up of any waste deposited during the loading
or offloading activities. The methods for clean up of the waste shall
be identified in the vessel's Operation and Maintenance manual.
(2) Provide the capability on board the vessel to clean up the
deposit or to call a support unit to clean up the deposit.
(3) Have a placard located on the vessel where it will be readily
visible to persons involved in waste handling indicating the individual
responsible for notifying the USCG NRC in the event of a deposit of
waste into coastal waters that is not completely cleaned up.
(i) The telephone numbers for the individual responsible for
notification and the USCG NRC shall be visibly and legibly displayed on
the placard.
(ii) The individual responsible for notification shall be
designated by the owner or operator of the vessel.
(iii) The individual responsible for notification must be a
supervisory employee responsible for waste transport activities or an
officer of the company owning or operating the vessel who is
responsible for some aspect of waste transport requirements (e.g. vice
president in charge of vessel operations).
(4) If the owner or operator is unable to meet the requirements of
this part after implementing clean up procedures specified in the
Operation and Maintenance manual, the responsible individual shall
notify the USCG NRC. The USCG NRC shall be notified prior to the first
high tide following the completion of any loading or unloading
operation in which the deposit occurs, or, when in transport, before
the waste disperses beyond containment ability. Such verbal
notification shall be followed by written notification to the USCG
within five days.
(c) Waste deposit records. (1) The owner or operator of a vessel
shall maintain a record of all municipal or commercial waste deposited
by the vessel into coastal waters. These records must include the
following information:
(i) Date of deposit of municipal or commercial waste into coastal
waters;
(ii) Time of day the municipal or commercial waste was deposited
into coastal waters;
(iii) Estimated amount and type of waste deposited and amount
recovered;
(iv) Estimated amount and type of waste not recovered; and;
(v) Name of the vessel.
(2) The owner or operator shall retain these records for no less
than three years and must submit these records to the Administrator or
the Secretary upon their request within five working days of the
request for the records.
(3) The owner or operator shall keep a record of its compliance
with the clean-up notification as required by Sec. 237.5(b)(4).
(d) Operation and Maintenance Manual. (1) The owner or operator of
each existing vessel shall develop, adopt and comply with an Operation
and Maintenance manual within 180 days after [the effective date of the
final rule]. New permit applicants shall submit the manual with their
SPA permit application. The manual shall:
(i) Include record keeping procedures;
(ii) Contain a description of the basic operation and maintenance
standards adopted by the vessel to implement the requirements of
Sec. 237.5(a);
(iii) Identify and provide telephone numbers for the individual
responsible for notifying the USCG and the USCG contact for the state
waters in which the vessel operates;
(iv) Provide a description of the procedures the owner or operator
will use to cleanup any deposit of municipal or commercial waste
consistent with Sec. 237.5(b); and
(v) Comply with the minimum requirements established in Appendix A
of this part for vessels.
(2) Submission of the Operation and Maintenance manual.
(i) Each vessel owner or operator shall submit the vessel Operation
and Maintenance manual to the USCG as part of the SPA permit
application under 33 CFR part 151 (Each vessel owner or operator that
has obtained a conditional permit under 33 CFR part 151 shall submit a
vessel operation and maintenance manual within 180 days after [the
effective date of the final rule]).
(ii) If the Administrator or Secretary determines that the manual
fails to meet the requirements of this Part, the Administrator or
Secretary may submit a notice of disapproval to the owner or operator
requiring that the owner or operator make changes to the Operation and
Maintenance manual.
(iii) The owner or operator of the vessel shall make the required
corrections indicated by the Administrator or the Secretary in any
notice of disapproval and resubmit the manual to the Administrator or
Secretary, as appropriate, within 90 days receipt of such notice of
disapproval.
(3) The Operation and Maintenance manual shall be made available
and accessible to all employees directly associated with municipal or
commercial waste transport or handling, and to EPA or USCG officials
upon request.
Sec. 237.6 Tracking system.
The Administrator may require owners and operators of vessels,
waste sources, and/or waste facilities to install a waste tracking
system to track vessel movement of waste in coastal waters.
(a) In determining whether to require a tracking system the
Administrator will consider the following:
(1) The owner and operator's history of compliance with SPA;
(2) The owner and operator's history of compliance with other
statutes intended to prevent deposit of municipal or commercial waste
into coastal waters;
(3) The characteristics and amounts of waste transported loaded, or
off-loaded; and
(4) The feasibility of installing a specific kind of tracking
system.
(b) A tracking system shall be implemented or installed and placed
in operation by the owner or operator of a vessel, receiving facility
or waste source within 18 months of the receipt of a notice from the
Administrator requiring such system, or sooner if the Administrator, so
directs.
Sec. 237.7 Enforcement.
(a) Prior to imposing a civil penalty for any violation of this
part, notice and opportunity for a hearing shall be provided in
accordance with 33 CFR 1.07 or in a manner consistent with the
statutory language of SPA section 4108(a).
(b) A person violating any requirement of this part is liable for a
civil penalty of not more than $25,000. Each day of a continuing
violation is a separate violation.
Appendix A--Guidance on Operation and Maintenance Manuals for Waste
Sources, Vessels and Receiving Facilities
This appendix provides a basic structure for the development of
operation and maintenance manuals for the regulated entities. The
operation and maintenance manual developed by a vessel permitted
under the Shore Protection Act, or associated waste source and
receiving facility should be a clear statement of: (1) operation and
maintenance procedures for preventing waste from accidentally
spilling into coastal waters of the United States, (2) clean up
procedures the regulated entity will follow when a waste deposit
does occur, and (3) reporting procedures the regulated entity will
follow when a waste deposit does occur. Each regulated vessel, or
associated waste source and receiving facility should develop an
operation and maintenance manual to suit its particular
characteristics.
I. Applicability
A. The owners or operators of the following vessels (unless
excluded, as discussed below) are required to develop and submit an
operation and maintenance manual (Sec. 237.2(a)):
1. A vessel transporting municipal or commercial waste in
coastal waters;
2. Vessels that regularly transport miscellaneous cargo but are
hired, contracted, or used to transport municipal or commercial
waste for a specific voyage; and
3. Vessels that transport operational waste from other vessels
that meet the definition of municipal or commercial waste--this does
not include vessels transporting their own operational wastes.
B. The owners or operators of the following vessels, and some
others, are excluded from developing and submitting operation and
maintenance manuals (Sec. 237.2(b) for full list of exclusions):
1. Public vessels, defined as vessels that are owned, demise
chartered, and operated by the United States Government or a
government of a foreign party, and do not engage in commercial
service; and
2. Vessels that transport some quantity of waste incidental to
the predominant business or purpose of the vessel. For example, a
ferry which transports a garbage truck loaded with municipal or
commercial waste.
C. The owners or operators of waste sources and receiving
facilities, as defined below and in section 237.3(g) and (l) are
required to develop and submit (upon request) an operation and
maintenance manual:
1. A facility, vessel, or operation that receives municipal or
commercial waste unloaded from a vessel; and
2. A vessel or a facility from which municipal or commercial
waste is loaded onto a vessel, including any rolling stock or motor
vehicles from which that waste is directly loaded.
II. The Manual
The structure and detail of each operation and maintenance
manual may vary as the vessel, waste source, or receiving facility
will vary and as the type of waste transferred and transported will
vary. As a result of the variation in the physical nature of
municipal and commercial waste, the structure and requirements
provided in this appendix are necessarily generic and will require
further elaboration based on the specifics of the operations and
maintenance nuances at your facility, source, or vessel. However, it
is expected that an operation and maintenance manual meeting the
minimum requirements of this regulation need not exceed 20 to 30
pages in length.
III. Operation and Maintenance Manuals for Vessels
A. The operation and maintenance manual for vessels consists of
three parts:
1. Waste transfer procedures;
2. Waste clean up procedures; and
3. Waste deposit reporting procedures.
B. The first part of the operation and maintenance manual shall
identify the measures that you will take to minimize the deposit of
waste into coastal waters during transport and transfer activities.
In the operation and maintenance manual you should
(Sec. 237.5(d)(ii)):
1. Describe the roles and responsibilities of each relevant
member of the crew during waste transfer and transport.
2. Provide a detailed step-wise description to the vessel crew
on the implementation of the technologies and techniques that will
be employed during waste transfer and transport. These should
include appropriate containment or diversionary structures, or other
equipment designed to minimize waste deposits. The technologies and
techniques described shall be appropriate to the size and nature of
the vessel and must represent a responsible effort to minimize the
spillage of waste.
3. Instruct the crew to secure the waste in such a way as to
prevent the deposit of waste.
4. Direct the crew not to load the vessel in excess of its
capacity.
5. Direct the crew that all ports and valves that may be used
for flushing or discharging waste or waste residue from the hull or
tanks must be clearly labelled and that all ports and valves must be
sealed except for the purpose of transferring wastes.
6. Describe record keeping procedures, i.e. record of amount and
type of waste offloaded, or amount and type of waste received.
C. The second part of the operation and maintenance manual
describes for the vessel crew the procedures that will be used to
clean up, promptly and thoroughly, any waste deposited into coastal
waters (Sec. 237.5(a)(1)(iv)). This section must:
1. Describe the role and responsibilities of each relevant
member of the crew during cleanup.
2. Describe in detail for the crew the techniques and
technologies that will be employed during waste cleanup. The
technologies or techniques must be appropriate to the waste type and
the size and nature of the vessel and must represent a responsible
effort to clean up all waste promptly and thoroughly.
D. In the third part of the operation and maintenance manual
describe the procedures to be followed if the vessel's crew is
unable to clean up all of the waste deposited. In this section you
must:
1. Provide a contact name and telephone number of the designated
responsible person (see section 237.5) involved in the ownership or
operation of the vessel. Indicate that this contact person should be
notified immediately by telephone, marine radio if the crew is
unable to completely clean up the waste deposited. This contact name
and phone number and the number of the USCG NRC must be posted on
the vessel in a location visible to the vessel's crew.
2. Provide the telephone number of the USCG NRC to be called by
the responsible person if the crew is unable to completely clean up
the waste deposited.
3. Provide an example of a followup letter to be used by the
responsible person to report the waste deposit to the USCG NRC.
4. Provide copies of the form that assists record-keeping and
reporting in the event of a waste deposit. The operation and
maintenance manual must instruct the appropriate crew member to
complete one of these forms for each deposit of waste. The record
must include the time and date of the deposit, estimates of the
amount of wastes deposited and amount retrieved, actions taken to
clean up the waste deposit, and any other pertinent information. If
an action was not accomplished or successful, it is important to
document why those actions were taken. Any actions to prevent
further incidents of this type should also be recorded. All waste
deposits must be recorded, whether cleaned up or not.
IV. Operation and Maintenance Manuals for Waste Sources and
Receiving Facilities
A. The operation and maintenance manual for waste sources and
receiving facilities consists of three parts: waste transfer
procedures, waste cleanup procedures, and waste deposit reporting
procedures.
B. The first part of the operation and maintenance manual must
identify the measures that you will take to prevent the deposit of
waste into coastal waters during the transfer of wastes
(Sec. 237.4(e)(1)). In the operation and maintenance manual you
must:
1. Describe the roles and responsibilities of each relevant
facility staff member during waste transfer.
2. Provide a detailed step-wise description to relevant
employees on the implementation of technologies and techniques that
will be employed during waste transfer. These should include
appropriate containment or diversionary structures, or other
equipment designed to minimize waste deposits. The technologies or
techniques described must be appropriate to the waste type and size
and nature of the vessels loaded/unloaded, and represent a
responsible effort to minimize the deposit of wastes.
3. Describe record keeping procedures, i.e record of amount and
type of waste offloaded, or amount and type of waste received.
C. The second part of the operation and maintenance manual
describes for your employees the procedures that will be used to
clean up, promptly and thoroughly, any waste deposited into coastal
waters. This section must:
1. Describe the roles and responsibilities of each relevant
employee during waste cleanup.
2. Describe in detail how to implement the techniques and
technologies that will be employed during waste cleanup. The
technologies and techniques used must be appropriate to the waste
type and size and nature of the vessels, and must represent a
responsible effort to clean up all waste promptly and thoroughly.
The methods described may include sweeper boats, manned boats to
remove waste, shoreline cleanup crews, and booms or other equipment
designed to recover waste deposited near shore.
3. Specify that cleanup equipment and personnel be in continuous
operation, or on standby at the transfer facility for waste transfer
operations that occur during an ebb tide.
4. Direct all employees that all waste that clearly resulted
from, or may have resulted from, waste loading or unloading
operations shall be removed prior to the first high tide following
the completion of any waste transfer operation or before the waste
has had a chance to disperse.
D. The third part of the operation and maintenance manual
describes the procedures to be followed if the facility's staff is
unable to clean up all of the waste deposited. This section must:
1. Provide a contact name and telephone number of the designated
responsible person (Sec. 237.4) involved in the ownership or
operation of the facility. Indicate that this contact person should
be notified immediately by telephone or in writing if the employees
are unable to completely clean up the waste deposit. This contact
name and phone number must be posted at the facility in a location
visible to the facility's employees.
2. Provide the telephone number of the USCG NRC to be called if
the employees are unable to completely clean up the deposit. This
telephone number must also be posted at the facility in a location
visible to the facility's employees.
3. Provide an example of a letter to be used by the responsible
person to report the waste deposit to the appropriate EPA official.
4. Provide copies of the form that assists record-keeping and
reporting in the event of a waste deposit. The operation and
maintenance manual must instruct the appropriate employee on duty to
complete one of these forms for each waste deposit. The record must
include the time and date of the deposit, estimates of the amount of
wastes deposited and amount retrieved, cause of deposit, actions
taken to clean up the waste deposit, and any other pertinent
information. If an action was not accomplished or it was decided to
attempt an unsuccessful control strategy, it is important to
document why those actions were taken. Any actions to prevent
further incidents of this type should also be recorded. All waste
deposits must be recorded, whether cleaned up or not.
Appendix B to Part 237--EPA Regional Contacts for SPA
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
Vermont--EPA Region 1, Waste Management Division, J.F.K. Federal
Building, One Congress Street, Boston, MA 02203, Telephone: 617-565-
3420
New Jersey, New York, Puerto Rico, Virgin Islands--EPA Region 2, Air
and Waste Management Div., Jacob K. Javitz Federal Bldg., 26 Federal
Plaza, New York, NY 10278, Telephone: 212-264-3384
Delaware, District of Columbia, Maryland, Pennsylvania, Virginia,
West Virginia--EPA Region 3, Environmental Services Div., 841
Chestnut St., Philadelphia, PA 19107, Telephone: 215-597-9800
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, Tennessee--EPA Region 4, Water Management Division,
345 Courtland St., N.E., Atlanta, GA 30365, Telephone: 404-347-4727
Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin--EPA Region
5, Waste Management Division, 77 West Jackson Boulevard, Chicago, IL
60604-3507, Telephone: 312-353-2000
Arkansas, Louisiana, New Mexico, Oklahoma, Texas--EPA Region 6,
Environmental Services Div., First Interstate Bank Tower at Fountain
Place, 1445 Ross Avenue, 12th Floor Suite 2000, Dallas, TX 75202-
2733, Telephone Number 214-655-2270
Arizona, California, Hawaii, Nevada, American Samoa, Guam--EPA
Region 9, Hazardous Waste Management, Division, 75 Hawthorne St.,
San Francisco, CA 94105, Telephone: 415-744-1305
Alaska, Idaho, Oregon, Washington--EPA Region 10, Environmental
Services, Division, 1200 Sixth Avenue, Seattle, WA 98101, Telephone:
206-553-4873.
[FR Doc. 94-21181 Filed 8-29-94; 8:45 am]
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