[Federal Register Volume 65, Number 63 (Friday, March 31, 2000)]
[Proposed Rules]
[Pages 17416-17434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7638]



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Part IV





Department of Transportation





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Coast Guard



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33 CFR Part 154



Marine Transportation-Related Facility Response Plans for Hazardous 
Substances; Proposed Rule

  Federal Register / Vol. 65, No. 63 / Friday, March 31, 2000 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 154

[USCG-1999-5705]
RIN 2115-AE87


Marine Transportation-Related Facility Response Plans for 
Hazardous Substances

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking; notice of public meeting.

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SUMMARY: The Coast Guard proposes regulations that would require 
response plans for Marine Transportation-Related facilities that could 
reasonably be expected to cause substantial or significant and 
substantial harm to the environment by releasing a hazardous substance 
into the navigable waters of the United States. These regulations are 
mandated by the Oil Pollution Act of 1990 (OPA 90), which requires the 
President to issue regulations requiring the preparation of hazardous 
substance response plans. The purpose of requiring response plans is to 
minimize the impact of a hazardous substance discharge on human health 
and the environment. In addition, this notice announces a public 
meeting on response plans for Marine Transportation-Related facilities.

DATES: Written comments and related material must reach the Docket 
Management Facility on or before June 29, 2000. The meeting will be 
held on Wednesday, May 10, 2000, from 9 a.m. to 5 p.m. and Thursday, 
May 11, 2000, from 9 a.m. to 1 p.m. The meeting may close early if all 
business is finished. Comments sent to the Office of Management and 
Budget (OMB) on collection of information must reach OMB on or before 
May 30, 2000.

ADDRESSES: The public meeting will be held in the hearing room of the 
Marine Safety Office, 1615 Poydras Street, New Orleans, LA 70112-1254. 
To make sure your written comments and related material are not entered 
more than once in the docket, please submit them by only one of the 
following means:

(1) By mail to the Docket Management Facility (USCG-1999-5705), U.S. 
Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
(2) By hand delivery to room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
(3) By fax to the Docket Management Facility at 202-493-2251.
(4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.

    You must also mail comments on collection of information to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, 725 17th Street NW., Washington, DC 20503, ATTN: Desk Officer, 
U.S. Coast Guard.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building at the 
same address between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. You may also find this docket on the Internet at 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this proposed rule, 
call LT Michael Roldan, Office of Operating and Environmental Standards 
(G-MSO), Coast Guard, telephone 202-267-0106; e-mail: 
[email protected] or LT Claudia Gelzer, Office of Response (G-
MOR), Coast Guard, telephone 202-267-1983; e-mail: 
[email protected]. These telephones are equipped to record 
messages on a 24-hour basis. For questions on viewing or submitting 
material to the docket, call Dorothy Walker, Chief, Dockets, Department 
of Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (USCG-1999-
5705), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. You may submit 
your comments and material by mail, hand delivery, fax, or electronic 
means to the Docket Management Facility at the address under ADDRESSES; 
but please submit your comments and material by only one means. If you 
submit them by mail or hand delivery, submit them in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit them by mail and would like to know they reached 
the Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We will hold a public meeting regarding this proposed rulemaking on 
Wednesday, May 10, 2000, from 9 a.m. to 5 p.m. and Thursday, May 11, 
2000, from 9 a.m. to 1 p.m. The meeting will be held at the address 
under ADDRESSES.

Background and Purpose

    The Clean Water Act (CWA) (33 U.S.C. 1321(j)(5)), as amended by 
section 4202(a)(5) of OPA 90 (Pub. L. 101-380), requires owners or 
operators of tank vessels, offshore facilities, and onshore facilities 
that could reasonably be expected to cause substantial harm to the 
environment to prepare and submit plans for responding, to the maximum 
extent practicable, to a worst case discharge, or a substantial threat 
of such a discharge, of oil or a hazardous substance into or on the 
navigable waters, adjoining shoreline, or the exclusive economic zone. 
Final rules for oil spill response plans were published (``Vessel 
Response Plans'' (61 FR 1052; January 12, 1996); and ``Response Plans 
for Marine Transportation-Related Facilities'' (61 FR 7890; February 
29, 1996)). This proposed rulemaking only addresses OPA 90 response 
planning requirements for hazardous substances at Marine 
Transportation-Related (MTR) facilities. We have also published an NPRM 
entitled ``Tank Vessel Response Plans for Hazardous Substances'' (64 FR 
13734; March 22, 1999).
    Consistent with provisions of OPA 90, these proposed regulations 
are intended to address gaps in hazardous substance spill response 
readiness that now exist for MTR facilities. The regulations are not 
intended to duplicate or supersede any other regulations that have been 
promulgated by the Coast Guard or other Federal agencies. Because 
response planning at onshore facilities is not limited to bulk 
hazardous substances, it appears that there exists a potential for 
redundancy with existing response planning regulations. The redundancy 
is generally eliminated through use of the National Response Team's 
Integrated Contingency Plan Guidance. To further ensure that 
duplication of regulations is avoided, the Coast Guard and the 
Environmental Protection Agency (EPA) have jointly reviewed the various 
regulations that cover MTR facilities.
    In Executive Order (E.O.) 12777, the President divided the 
responsibility for

[[Page 17417]]

implementing the provisions of OPA 90 regarding hazardous substance 
response plans among various Federal agencies. Through a series of 
delegations, the Coast Guard was granted the authority to implement 
hazardous substance response plan requirements for fixed and mobile 
onshore MTR facilities and for deepwater ports. The EPA was granted the 
authority to regulate fixed onshore non-transportation-related 
facilities. The Research and Special Programs Administration (RSPA) was 
granted the authority to regulate onshore non-marine transportation-
related facilities (i.e., pipelines, motor carriers, and railways). The 
Department of Interior's Mineral Management Service (MMS) was granted 
the authority to regulate offshore facilities and associated pipelines, 
other than deepwater ports subject to the Deepwater Ports Act of 1974.

Regulatory History

Advance Notice of Proposed Rulemaking

    We published an Advance Notice of Proposed Rulemaking (ANPRM) on 
this project in the Federal Register on May 3, 1996 (61 FR 20084). The 
ANPRM discussed the background, statutory requirements of section 
311(j) of the CWA, and possible regulatory approaches. In addition, the 
ANPRM raised 96 questions for public comment. We received 42 comment 
letters addressing the questions the respondents deemed applicable. We 
considered all of the comment letters in developing this NPRM.

Public Meetings

    We conducted public meetings on July 30, 1996, in Washington, DC, 
and August 5, 1996, in Houston, TX. Comments made during these meetings 
were considered in the development of these proposed regulations.
    We are working on a related rulemaking titled ``Tank Vessel 
Response Plans for Hazardous Substances'' (USCG-1998-4354) and have 
already published proposed rules in the Federal Register. As announced 
in the Federal Register (64 FR 31994; June 15, 1999), we held a public 
meeting for the related rulemaking on August 12 and 13, 1999, in 
Houston, Texas. Because of similarities in our proposed regulations for 
tank vessels and facilities, some comments made during the public 
meeting for tank vessels may also be applied to facilities. As we 
proceed towards a final rule for facility response plans, we will 
consider comments made at the August 1999 public meeting for tank 
vessels along with comments made to this rulemaking.

Response Plan Workshop

    In addition to accepting written comments concerning the 
development of regulations for vessel response plans for hazardous 
substances, a workshop and meeting were held in Houston, TX, on 
February 26 and 27, 1997. The purpose of the workshop was to engage 
various stakeholders in issues that had been identified as significant 
in response to the ANPRM. Approximately 120 persons participated in the 
workshop. The workshop focused on four specific issues identified in 
advance by the Coast Guard. These issues were:
    (1) Role and Contents of First Responders' Guides;
    (2) Role and Capabilities of Decision Support Systems;
    (3) Chemical Removal Technology; and
    (4) Public Responder versus Private Responder Issues.
    The recommendations from the workshop were considered when 
developing this NPRM. A summary of the proceedings of the workshop is 
available for review and copying in the public docket as described 
under ADDRESSES.

Advisory Committee

    Under the auspices of the Chemical Transportation Advisory 
Committee (CTAC), the Hazardous Substances Response Plan Subcommittee 
was formed to develop and recommend hazardous substance response plan 
criteria for our consideration in developing requirements for OPA 90-
mandated response plans. In addition to the formation of a Steering 
Committee, the Subcommittee established the following working groups to 
address appropriate aspects of response planning: Fate and Effects, 
Response Resources and Methodology, and Planning Process. Based on work 
done by the groups, the CTAC subcommittee delivered a report containing 
findings and recommendations. Input from the committee was used in the 
development of this NPRM.

Discussion of Proposed Rule

1. General

    In response to public comments and recommendations from the 
Chemical Transportation Advisory Committee (CTAC), we established 
several principles to guide the development of this proposed rule. 
These principles specify that the regulations should:
    a. Primarily address human health, including the health of the 
general public, vessel crew, facility personnel and responders;
    b. Recognize and promote existing industry best practices;
    c. Allow for flexibility in plan development to accommodate other 
existing practices that are effective;
    d. Avoid prescriptive ``one size fits all'' requirements;
    e. Not duplicate existing federal regulations;
    f. Be consistent, to the utmost, with international standards;
    g. Reflect the differences in planning requirements between oil and 
hazardous substances, specifically as they relate to recoverability and 
risk of exposure; and
    h. Be structured so that oil response plans for MTR facilities may 
be amended or augmented to meet OPA requirements for hazardous 
substances.
    A basic premise of these proposed regulations is that, for a 
hazardous substance discharge, the availability of information and 
expertise is essential to support response decision-making, while the 
mobilization of containment and collection equipment will be feasible 
only as conditions allow. For discharges of oil, some portion of the 
spilled product may be recoverable through containment and collection. 
The amount recovered is largely a function of how rapidly response 
equipment can be deployed. For hazardous substances, containment and 
collection may be viable for certain chemicals, depending on 
environmental conditions and safety considerations. Limitations on 
containment and collection are also imposed by the compatibility of 
equipment with the hazardous substance in question. The most effective 
mitigation strategy may be to control the source of the discharge, not 
contain and collect the hazardous substance. We prefer to foster a 
philosophy of ``quickly assess the risk and respond appropriately,'' 
instead of ``rush in to contain and collect the product.'' Above all, 
getting response information is the critical problem due to the large 
number and various potential behaviors of hazardous substances.
    For the reasons previously described, these proposed regulations 
contain requirements that ensure access to certain information and 
equipment during a response, and the availability of appropriate 
technical expertise as necessary. We intend that, through an analysis 
of the required information by area specialists, the most appropriate 
response strategies will be identified and performed.

[[Page 17418]]

2. Integrated Contingency Plan Guidance

    These proposed regulations are intended to fully accommodate the 
use of the National Response Team's Integrated Contingency Plan (ICP) 
Guidance, published in the Federal Register on June 5, 1996 (61 FR 
28642). The purpose of the guidance is to provide a mechanism for 
consolidating multiple plans that facilities have prepared to comply 
with various regulations into one functional emergency response plan, 
minimizing or eliminating duplication of information. The guidance 
describes essential elements of a ``core plan,'' as well as the need 
for annexes containing appropriate supplementary information. The 
following federal regulations are specifically addressed in the 
National Response Team guidance document:
     Minerals Management Service Facility Response Plan 
Regulation (30 CFR part 254).
     Department of Transportation Research and Special Programs 
Administration (RSPA) Pipeline Response Plan Regulation (49 CFR part 
194).
     U.S. Coast Guard Response Plans For Oil Facilities 
Regulations (33 CFR part 154--subpart F).
     Environmental Protection Agency (EPA) Oil Pollution 
Prevention Regulation (40 CFR 112.7, 112.20, and 112.21).
     EPA Risk Management Programs Regulation (40 CFR part 68).
     EPA Resource Conservation and Recovery Act Contingency 
Planning Requirements (40 CFR parts 264, 265, and Sec. 279.52).
     Occupational Safety and Health Administration (OSHA) 
Emergency Action Plan Regulation (29 CFR 1910.38(a)).
     OSHA Process Safety Standard (29 CFR 1919.119).
     OSHA Hazardous Waste Operations and Emergency Response 
(HAZWOPER) Regulation (29 CFR 1910.120).
    If a facility uses the ICP format, then the Coast Guard would only 
review those portions of the ICP that are specifically required by 
these proposed regulations and by the Coast Guard's regulations on 
response plans for oil facilities.
     Department of Transportation Research and Special Programs 
Administration (RSPA) Pipeline Response Plan Regulation (49 CFR part 
194).
     U.S. Coast Guard Response Plans For Oil Facilities 
Regulations (33 CFR part 154--subpart F).
     Environmental Protection Agency (EPA) Oil Pollution 
Prevention Regulation (40 CFR 112.7, 112.20, and 112.21).
     EPA Risk Management Programs Regulation (40 CFR part 68).
     EPA Resource Conservation and Recovery Act Contingency 
Planning Requirements (40 CFR parts 264, 265, and Sec. 279.52).
     Occupational Safety and Health Administration (OSHA) 
Emergency Action Plan Regulation (29 CFR 1910.38(a)).
     OSHA Process Safety Standard (29 CFR 1919.119).
     OSHA Hazardous Waste Operations and Emergency Response 
(HAZWOPER) Regulation (29 CFR 1910.120).
    If a facility uses the ICP format, then the Coast Guard would only 
review those portions of the ICP that are specifically required by 
these proposed regulations and by the Coast Guard's regulations on 
response plans for oil facilities.

3. Summary of Proposed Requirements

    Following is a discussion of sections contained in the proposed 
rule.
    Section 154.2015 indicates who must comply with these regulations. 
As provided in OPA 90, these regulations apply to owners and operators 
of an MTR facility that, because of its location, could reasonably be 
expected to cause substantial harm or significant and substantial harm 
to the environment by discharging hazardous substances into or on the 
navigable waters, adjoining shorelines, or the exclusive economic zone. 
For the purpose of these regulations all MTR facilities that transfer 
any bulk hazardous substances to vessels are designated as significant 
and substantial harm facilities unless otherwise reclassified by the 
Captain of the Port (COTP). All requests for reclassification from 
significant and substantial harm to substantial harm must be made in 
writing. Substantial harm facilities need only have plans submitted to 
the COTP. These proposed regulations do not apply to packaged or 
containerized hazardous substances; they do apply to bulk transfers of 
hazardous substances. Bulk is defined in Sec. 154.2020 of the proposed 
regulations.
    Unlike existing regulations, which apply only to facilities that 
transfer oil or hazardous substances to a vessel with a capacity of 250 
barrels or more, these proposed regulations contain no minimum 
thresholds for compliance. It is assumed that MTR facilities affected 
by these regulations will not engage in small quantity bulk transfers. 
The characteristics of hazardous substances further preclude the 
establishment of any minimum threshold, as the discharge of even a 
small quantity of a hazardous substance may lead to death, injury, 
environmental damage, or, as a minimum, a need to notify proper 
authorities. For these reasons, the 250-barrel threshold is largely 
irrelevant for the purpose of response planning for hazardous 
substances.
    Because OPA 90 response planning requirements amend the CWA, 
regulations are statutorily restricted to the hazardous substances 
covered by the CWA. The complete list of CWA hazardous substances can 
be found in 40 CFR Table 116.4.
    By a Memorandum of Understanding (MOU) between the EPA and the 
Department of Transportation published in the Federal Register on 
December 18, 1971 (36 FR 24080), we exercise authority on the MTR 
portion of an oil onshore facility. Due to the relationship of oils and 
hazardous substances in OPA 90 and FWPCA, we are extending this MOU to 
include hazardous substances for jurisdictional purposes. Therefore, 
the list of chemicals is further reduced to those CWA hazardous 
substances that are transferred in bulk quantities to or from a vessel. 
If the CWA list of hazardous substances is modified, the modification 
will automatically be covered under these regulations.
    Often bulk ``hazardous substance'' cargoes consist of mixtures and 
solutions of CWA listed chemicals. Under 40 CFR 116.4, a hazardous 
substance is defined as including any isomers and hydrates, mixtures 
and solutions containing any of the listed substances. If applied to 
response planning, this definition could potentially apply to mixtures, 
such as chlorinated drinking water, with extremely low concentrations 
of listed substances.
    To establish a reasonable and recognized standard for response 
planning, we propose that the regulations apply to any hazardous 
substance, including isomers and hydrates, as well as any mixtures or 
solutions that contain 10% or more of a single CWA hazardous substance 
by weight.
    This percentage is consistent with the International Maritime 
Organization's rules for establishing shipping requirements for 
mixtures (Guidelines for the Provisional Assessment of Liquids 
Transported in Bulk, MEPC/Circ.265).
    Some comments made during public meetings and in response to the 
ANPRM encouraged us to expand the applicability of these regulations 
beyond the CWA hazardous substances that are carried in bulk. For the 
reasons

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described previously, OPA 90 and the CWA, as amended, prevent us from 
doing this. However, a concerted effort was made to ensure that 
response plans would contain tools that could be used by plan-holders 
and responders following any hazardous substance release, to include 
those not covered under these regulations.
    Section 154.2020 includes definitions that apply to the subpart. 
The definitions used in these proposed regulations mirror those used in 
oil spill response planning regulations. Where appropriate, some of the 
definitions have been added, deleted or modified to make them more 
applicable to hazardous substance response activities or to improve 
clarity.
    For oil spill response, the term ``adverse weather conditions'' 
includes weather conditions that hinder containment and collection 
efforts, i.e., rough seas, rain and wind. In the case of hazardous 
substance discharges, these conditions might be advantageous in that 
they may aid in the rapid dispersion of the hazardous substance. In 
contrast, the most adverse weather conditions, or those that could 
maximize exposure to human health, will often be calm seas, no wind and 
no precipitation. Therefore, we define ``adverse weather'' to mean the 
environmental conditions that magnify the risk when a hazardous 
substance discharge occurs and must be considered when identifying 
response resources in a response plan.
    The term ``bulk'' indicates that a hazardous substance is 
transferred through a pipe or hose to or from a tank vessel. The tank 
on the vessel may be an independent, integral, or portable tank. 
However, a marine portable tank that is placed onto a vessel is not 
considered a ``bulk transfer'' if the tank was filled before being put 
on the vessel. We have included the definitions of tanks to clarify the 
term ``bulk.'' These definitions correspond to the definitions of tanks 
under 46 CFR 98.30-1, 98.30-2, 151.15-1 and 153.2. We intend to add 
these definitions to the tank vessel response plan final rule to 
harmonize the parallel rulemaking.
    The terms, ``floater'' and ``sinker,'' are used to describe 
hazardous substances that could, under proper conditions, be contained 
and collected following a discharge. Both of these classifications 
represent hazardous substances that do not tend to react chemically 
with water, vaporize, or dissolve.
    The term ``MTR facility'' is that portion of a larger facility or 
complex designed to conduct transfer operations. The MTR facility 
extends from the first valve inside a storage tank's secondary 
containment to the transfer system's connection with the vessel. In the 
absence of a storage tank's secondary containment, the MTR facility 
extends from the valve or manifold adjacent to the tanks under EPA's 
jurisdiction to the transfer system's connection with the vessel. It is 
our intent to only cover the transfer system outside EPA's 
jurisdiction.
    For both oil and hazardous substances, the CWA defines, in section 
311(a)(24), ``worst case discharge'' for facilities to mean ``the 
largest foreseeable discharge in adverse weather conditions.'' The CWA 
further defines, in section 311(a)(2), the term ``discharge'' to mean 
``any spilling, leaking, pumping, pouring, emitting, emptying, or 
dumping. * * *'' Hazardous substance discharges, even in the marine 
environment, may result in airborne releases. Therefore, we have 
determined, for the purposes of these regulations, the term 
``discharge'' includes both waterborne and airborne releases from MTR 
facilities. We have also defined ``incident'' as a discharge or 
substantial threat of a discharge.
    As reflected in existing oil response planning regulations and in 
this rulemaking, the ``largest foreseeable discharge'' is a planning 
volume that constitutes the sum of the following three volumes:
    (1) The volume of the entire contents of the in-line and break-out 
tanks.
    (2) The volume of a hazardous substance discharged at the maximum 
flow rate for the maximum time period from discovery to shutdown.
    (3) The leakage after shutdown.
    Section 154.2021 discusses the methods that a plan-holder can use 
to identify resources that must be ensured available under the proposed 
regulations. These requirements are essentially unchanged from oil 
response plan regulations, although different types of resources must 
be ensured available.
    Section 154.2022 contains the requirement to designate a Qualified 
Individual (QI) and alternate QI in the plan. As prescribed by OPA 90, 
a QI must have full authority to implement all response actions 
necessary to minimize or mitigate damage to public health, the 
environment, and public and private property. A QI must be able to, 
immediately and continuously, communicate with the appropriate federal 
official and response resource providers, as needed. It is not assumed 
that a QI for oil spill response will necessarily be an appropriate QI 
for hazardous substance incidents.
    Several comments to the ANPRM and public meetings have indicated 
that under the oil response planning regulations, some QI's do nothing 
more than obligate funds. These comments suggest that the role of the 
QI does not include involvement in decisions relating to a response and 
therefore, the QI does not need to have any understanding of incident 
response. This is not our expectation of a QI.
    We understand that Congress intended a ``qualified individual'' to 
have basic qualifications that demonstrate an ability to coordinate, 
with full authority from the plan-holder, a response to an incident. 
Early in a response, when the risks are often greatest, the QI may 
independently make decisions that could impact the overall response. 
For example, a plan may identify a list of contractors that provide 
particular response services. Without a basic knowledge of chemical 
response, a QI may not know which resource provider to contact or be 
able to characterize the nature of the incident to responders. This 
knowledge may not be as important for oil spills, where response 
options are more standardized, and the immediate threat to human health 
is not as prevalent. Therefore, we propose minimum training 
requirements for a QI.
    To build on an existing standard that is widely accepted and 
demonstrates the appropriate skill set, the proposed regulations 
require QI's to meet the requirements of an incident commander under 
the OSHA HAZWOPER provisions in 29 CFR 1910.120(q)(6)(v). 
Qualifications are further described in emergency response training 
guidance for incident commanders contained in Appendix E to 
Sec. 1910.120. The OSHA training requirement for incident commanders 
should be interpreted as a minimum qualification, not an absolute 
measure of expertise in and of itself. Plans require designating each 
QI in writing, and indicate that the QI is familiar with the response 
plan and has full authority to implement actions to contain, remove, or 
otherwise minimize or mitigate threats to human health, the 
environment, and public property. Owner or operators should ensure that 
the QI's training and experience are adequate to carry out designated 
responsibilities.
    We welcome comments regarding the recognition of other standards or 
certifications that demonstrate a working knowledge of hazardous 
substance response that is adequate for the responsibilities contained 
in these regulations for a QI.
    At the time of an incident, a responsible employee of the facility 
becomes the incident commander and initiates notification and 
mitigation

[[Page 17420]]

procedures, as appropriate. When that employee notifies the QI of the 
hazardous substance incident, the QI may assume the role of incident 
commander. Individuals acting as incident commander may change as an 
incident progresses, particularly if the response to the incident is 
prolonged.
    Section 154.2025 describes the actions that could be taken to 
receive authorization to transfer bulk hazardous substances after 
submitting a plan to the Coast Guard, but before it has been approved. 
These proposed requirements mirror those currently required under oil 
response plans, and enable those owners or operators who are currently 
conducting hazardous substance operations to continue operations while 
the plans are being developed, submitted, and approved.
    Section 154.2026 describes what owners and operators could do to 
obtain an interim operating authorization. This requirement is 
essentially the same as current requirements under oil response plans. 
A request generally consists of a written request to the COTP 
certifying that the response resources have either been contracted or 
identified per the requirements of these regulations.
    Section 154.2030 provides plan-holders with the flexibility to 
modify existing oil response plans with additional information that 
meets hazardous substance response-specific requirements. As discussed 
in section two of the ``Discussion of Proposed Rule'' of this preamble, 
we also fully endorse the use of the National Response Team's ICP 
Guidance.
    Section 154.2032 contains requirements that pertain to the format 
and contents of response plans. These requirements have been designed 
to maximize consistency with facility oil spill response plan 
requirements.
    Section 154.2035 describes the required contents of each section of 
a response plan. The following is a discussion of several of the 
proposed requirements that would deviate substantially from existing 
oil spill response plan provisions.
    Paragraph (a) requires facility information such as facility name, 
address, county, telephone and facsimile numbers, etc. This information 
is commonly found in other required response plans, and per the ICP 
Guidance, may be referenced if in another plan.
    Paragraph (b) includes:
    (1) All required notifications, in a prioritized fashion, that must 
take place following a hazardous substance incident.
    (2) All procedures necessary to ensure that required notifications 
occur.
    (3) An example of a form that contains minimal information to be 
included in the initial report to Federal, State, and designated local 
authorities.
    Paragraph (c) contains requirements for developing an impact 
analysis for a worst case discharge. The intent of this requirement is 
to ensure that in the event of a worst case discharge, owners or 
operators will have pre-identified the area in which adverse impact to 
human health and the environment could occur.
    Because of the many variables that influence the fate, transport 
and effects of a hazardous substance discharge, these analyses are not 
intended to be precise. Rather, they are designed to provide a 
macroscopic view of potential impacts. By identifying worst case 
discharge planning volumes, endpoints, and distances to endpoints, 
diagrams of impacted areas for each hazardous substance can be 
developed. Further, within these impact areas, owners or operators will 
be able to identify the magnitude of potential exposure to humans and 
the environment, and factor this information into the overall response.
    An endpoint is a threshold defining a hazardous condition, such as 
an exposure level or pollutant concentration. For example, under the 
EPA Risk Management Plans, the endpoint for a toxic substance is its 
Emergency Response Planning Guideline Level 2 (ERPG-2) developed by the 
American Industrial Hygiene Association. Endpoints can be obtained or 
derived from health guideline values from a recognized authority, to 
include Federal or State agencies, professional associations, or 
scientific studies. An endpoint is used to determine the perimeter of 
an area adversely impacted by a hazardous substance discharge.
    The EPA is currently developing Acute Exposure Guideline Levels 
(AEGL's) to establish airborne threshold concentrations for acutely 
toxic chemicals above which adverse effects are seen in humans. As 
developed, we may find that these are acceptable endpoints under our 
hazardous substance response regulations.
    The requirement to develop an impact analysis was designed to align 
with those found in the EPA Risk Management Plan (RMP) regulations (40 
CFR part 68); therefore, information completed under those regulations 
may be referenced or otherwise incorporated. We envision that the 
analysis will result in a series of diagrams illustrating the areas 
potentially impacted, as well as human and environmental receptors 
within those areas.
    Paragraph (d) requires that plans contain discharge mitigation 
procedures. While all plans must include basic procedures such as 
personnel safety, use of personal protective equipment (PPE), and job 
responsibilities, several of the procedures will be dictated by the 
extent facility employees (as opposed to contracted responders) will be 
involved in mitigating an incident and conducting air and water 
monitoring.
    Paragraph (e) requires that plans describe the organizational 
structure that will be used to manage response operations. This 
structure must outline the roles and responsibilities of the specific 
functional areas contained in the National Interagency Incident 
Management System (NIIMS) Incident Command System (ICS). This 
organizational structure is described in the U.S. Coast Guard Field 
Operations Guide (ICS-OS-420-1). This document can be obtained 
electronically via Internet URL http://www.uscg.mil/hq/g-m/nmc/response/fog/fog.htm or requested by writing or telephoning U.S. Coast 
Guard Headquarters (G-MOR-3), 2100 Second Street SW., Washington, DC 
20593-0001, 202-267-6860.
    Paragraph (e)(4)(i) contains a provision that requires an 
understanding of the unified command. Briefly summarized, the unified 
command consists of a--
     Federal On-Scene Coordinator (Federal OSC);
     State On-Scene Coordinator (SOSC);
     Local emergency coordinator; and
     Responsible party's incident commander.
    They direct and oversee all public and private resources dedicated 
to the response. Unified command members are expected to establish 
joint control over an incident, and develop mutually agreeable response 
strategies. If the unified command cannot develop mutually agreeable 
response strategies, or if the Federal OSC believes that the 
responsible party's actions are unsatisfactory, the Federal OSC may 
assume overall control of the response. This action is normally used as 
a last resort when the responsible party is uncooperative with federal 
and state representatives.
    This paragraph also requires that each plan describe the key roles 
and responsibilities of the incident commander, defined in the proposed 
regulations as the designated representative of the responsible party 
in the unified command. This individual may be the QI.
    Paragraph (e)(4)(iv) requires that each plan describe how the 
responsible party will coordinate with local public

[[Page 17421]]

response organizations following a hazardous substance incident. 
Although OPA 90 explicitly requires the availability of private 
resources to respond to these releases, local responders, such as 
firefighters and hazardous materials response teams, will probably 
respond as well. This requirement recognizes the benefits gained by 
ensuring an effective liaison between the responsible party and these 
response organizations.
    Paragraph (e)(5) contains requirements to have the capability to 
rapidly integrate the following types of expertise into the spill 
management team: product specialist, toxicologist, chemist or chemical 
engineer, and certified industrial hygienist. The need for these areas 
of specialty to be involved will be dictated by each discharge 
scenario. However, the response to an incident will be more effectively 
executed if this expertise is available to advise the unified command. 
Therefore, these specialties must be accessible.
    The requirement contained in paragraph (f) of this section would 
call for plan-holders to develop a risk-based decision support process. 
Public comments suggested that the use of automated ``decision support 
systems'' or ``expert systems'' may be an effective tool for use in 
determining response strategies. This proposed requirement provides a 
tool to be used by responders to ensure thorough consideration of risk 
factors that may influence response activities. This section of the 
plan would include a description of processes to identify, evaluate, 
control and communicate risks of a hazardous substance incident. This 
requirement could be met through a checklist, decision tree, flow 
diagram, automated system, or any other method that contains the 
required components.
    Paragraph (g) contains requirements relating to response resources 
that must be contracted, as well as resources that need only be 
identified in the plan. The likelihood of needing certain equipment in 
a worst case discharge is directly related to whether that equipment 
must be contracted. It is likely that PPE, monitoring equipment, and 
dispersion modeling will be necessary in each incident to assess the 
potential risks and develop response strategies. Unlike oil spills, 
where containment and collection strategies are standard, many 
hazardous substances, once discharged, cannot be contained or 
collected. The first priority for these types of incidents is to 
minimize the threat to human health. The proposed equipment 
requirements are designed to do this.
    The use of removal equipment (such as in situ treatment equipment, 
chemical detection equipment and containment and collection equipment) 
is less probable and is limited to certain recoverable hazardous 
substances. Consequently, equipment requirements correspond to two 
recoverable types of hazardous substances: equipment used to recover 
``sinkers'' and equipment used to recover ``floaters.'' It is intended 
that these recoverable hazardous substances do not include those that 
are reactive in water, and therefore could not be contained or 
collected under any conditions.
    For plan-holders transferring hazardous substances that can be 
contained and collected (i.e., floaters), paragraph (g)(2) requires 
that a specified amount of response resources must be contracted. This 
rule also proposes times in which contracted equipment needs to be 
available on-scene; in some cases the equipment may not be deployed. 
These time requirements are based on the time of discovery of the 
incident. Decisions pertaining to response strategies and equipment 
deployment will be made on a case-by-case basis. The time requirement 
ensures that, if needed, the equipment is available for use.
    Beyond this specified amount, additional removal equipment must be 
identified and listed in the plan, but not contracted, so it can be 
quickly mobilized when appropriate. The equipment need not be ensured 
available by contract or other approved means because the probability 
of its use is limited, and factors influencing a potential incident 
create an almost limitless number of response scenarios.
    Paragraph (i) requires that plans include certain information and 
activities pertaining to hazardous substance response exercises. The 
requirements are aligned with the requirements contained in oil spill 
response plan regulations for facilities, except that plan-holders now 
conducting oil spill exercises would be allowed to replace between 25 
percent and 75 percent of those exercises with hazardous substance 
exercises. The percentage would be determined by the plan-holder, and 
should reflect the relative number of oil and hazardous substance 
transfers conducted. We are currently examining methods in which the 
Preparedness for Response Exercise Program (PREP) could be modified to 
assist the regulated community by providing hazardous substance 
exercise program guidelines.
    Section 154.2040 contains the required contents of each appendix to 
the response plan.
    Paragraph (a) requires that the plan contains certain facility-
specific information. This information includes physical descriptions 
of mooring areas, transfer locations, control stations, locations of 
safety equipment, locations and capacities of all piping and storage 
tanks, descriptions of vessels transferring at the facility, and other 
information related to hazardous substance transfers.
    Paragraph (b) would require the inclusion of chemical-specific 
information in each plan. The types of information would include 
cautionary response considerations, health hazards, fire hazards, 
chemical reactivity, water pollution, shipping information, hazard 
classifications, and physical and chemical properties.
    Hazardous-substance-specific information required in the proposed 
rule is essentially the same information that is contained in the 
Chemical Hazards Response Information System (CHRIS). CHRIS has been 
expanded to include more chemicals, as well as improvements in format, 
content, and capabilities. It has historically functioned as a widely 
accepted source of chemical-specific information for use by responders 
and response plan developers.
    Because CHRIS is one of many tools that responders could use in 
planning for and during an actual response, and because responders and 
response planners need the flexibility to choose their own response 
tools, we do not propose to require the use of the CHRIS manual.
    Unlike previous versions of CHRIS, which were available only as 
hard-copy manuals, the new version is available in hard-copy, 
electronic, and Internet formats. The revised CHRIS gives users 
flexibility to tailor the system to meet specific needs. The electronic 
version resides in a searchable database that allows for customized 
queries. Comments on how to further improve CHRIS are welcome and may 
be forwarded to the location listed under ADDRESSES.
    Section 154.2045 includes requirements to ensure that response 
resources are periodically inspected and maintained, and that other 
activities, necessary to ensure that the equipment is in good working 
order, are conducted.
    Section 154.2055 calls for plan-holders to conduct their own 
evaluations of response resource providers named in response plans. 
These evaluations would cover both equipment adequacy and competency of 
personnel resources. The plan-holder must provide written certification 
of

[[Page 17422]]

this evaluation, signed by the owner or operator.
    We will consider adopting privately-sponsored programs that 
establish a standard that assures adequate capabilities of resource 
providers exist in order to meet the plan requirements. We encourage 
the development of such a program to reduce the burden on owners and 
operators of conducting individual provider evaluations.
    Facility response plans are ``self-certifying'' in nature; the 
plans require two certifications as provided for by 33 CFR 154.2055 and 
2065(a)(1). The scope of these certification statements includes the 
assurance that (1) the response resources required by the applicable 
subparts have been ensured available through contract or other approved 
means and are adequate to carry out the planned response requirements, 
and (2) the plan meets all requirements of the regulations. As such, 
please note that any knowingly fraudulent statements or 
misrepresentations regarding contracted resources within the plan can 
result in an owner or operator being criminally prosecuted under 18 
U.S.C. 1001, which, upon conviction, carries criminal penalties of a 
fine, up to five years of imprisonment, or both.

Assessment

    Due to substantial public interest, this proposed rule is a 
``significant regulatory action'' under section 3(f) of Executive Order 
12866. The Office of Management and Budget has reviewed it under that 
Order. It requires an assessment of potential costs and benefits under 
section 6(a)(3) of that Order. It is significant under the regulatory 
policies and procedures of the Department of Transportation (44 FR 
11040; February 26, 1979). A draft Assessment is available in the 
docket as indicated under ADDRESSES. A summary of the Assessment 
follows:
    The Coast Guard does not anticipate that the proposed rule will 
result in a significant economic burden on regulated entities. These 
proposed regulations are expected to impact only those facilities that 
must comply with any new requirements. The Coast Guard will also incur 
costs related to plan review and approval.
    Benefits are anticipated to result from an increased level of 
preparedness and efficiency in conducting response operations. 
Anticipated benefits from these regulations include averted pollution, 
a reduction in injuries and property damage associated with hazardous 
substance discharges, the avoidance of costs incurred by both public 
and private entities directly involved in response operations, and 
reduction of impacts on populations located in the vicinity of such 
discharges.
    An estimated 225 companies own as many as 450 facilities which 
transfer bulk chemicals to or from vessels in U.S. waters. While all of 
these facilities do not transfer the specific hazardous substances 
covered under these regulations, the analysis uses the conservative 
assumption that all of these facilities are affected by the 
regulations.
    In determining the costs and benefits of the proposed regulations, 
the Assessment for this proposed rule considered the following 
potential regulatory components:
    1. The Coast Guard will take no action beyond existing regulations.
    2. Regulations will require the submission of response plans 
containing information regarding QIs, training, exercises, hazardous 
substance characteristics, notification procedures, and other personnel 
procedures. This is identified as component A in the Assessment.
    3. The regulations will encourage a ``first responders guide'' and 
require a ``decision support system''. This is identified as component 
B in the Regulatory Assessment.
    First responders guides are concise instructions or handbooks that 
would be immediately available to personnel most likely to be at risk 
in the event of a hazardous substance incident, and therefore most 
likely to take immediate actions. The level of detail in these guides 
would be determined by each facility's expectation of their personnel 
in the event of an incident. It is intended that the guides would be as 
specific as possible, and not include generic guidelines that allow for 
broad interpretation by those expected to use them.
    The decision support systems have two elements. The first element 
consists of tools that responders can use to analyze risks associated 
with a hazardous substance incident and that assist in making decisions 
related to identifying and evaluating response strategies. These tools 
could be automated or manual. The second element consists of a human-
based decision support team. Team members will be specialists such as a 
product specialist, a toxicologist, a chemist or chemical engineer, and 
an industrial hygienist. A team member may serve as one or more 
specialists.
    4. The preferred regulatory approach includes components A and B, 
plus requiring companies to contract for spill response equipment and 
conduct deployment drills. Regulations will essentially mirror 
requirements for facility response plans for oil now found in 33 CFR 
part 154 by requiring contracted containment and removal equipment to 
respond to hazardous substance incidents. This approach, designated as 
Alternative 1 in the Assessment, is reflected in this proposed rule.

Cost-Effectiveness Summary

    The measures included in the selected regulatory alternative are 
expected to yield a net cost-effectiveness of about $3,419 per barrel 
of hazardous substance spillage averted. This cost-effectiveness value 
is expressed in 1997 dollars and is a ten-year present value (PV). The 
cost of the proposed rule is approximately $99.44 million, while its 
benefits are approximately 23,300 barrels of pollution averted, and 
approximately $19.77 million in avoided costs. Subtracting the avoided 
costs of the proposed rule from its total cost yields a net rule cost 
of about $79.67 million. Dividing this net cost by 23,300 barrels 
yields the net cost-effectiveness ratio of $3,419 per barrel unspilled. 
This procedure allows us to compare pollution and property damage 
benefits together.
    The total first-year cost of these new requirements to industry is 
estimated to be $18.93 million. The recurring costs are estimated to be 
$14.56 million per year.
    The estimated cost for component A only is $74.17 million. Its 
benefits include 14,103 barrels of avoided pollution and $11.97 million 
of damages averted. Its net cost-effectiveness is $4,411 per barrel 
unspilled.
    The marginal cost for the additional measures contained in 
component B and not included in component A is $1.08 million. Marginal 
benefits include 3,777 barrels of avoided pollution and $3.21 million 
of damages averted. The marginal net cost effectiveness of these 
additional measures is $(563) per barrel unspilled. A negative cost 
effectiveness results from the damages averted being greater than the 
cost of the component.
    The marginal cost for the additional measures contained in 
Alternative 1 not included in component B is $24.18 million. Marginal 
benefits include 5,420 barrels of avoided pollution and $4.59 million 
of damages averted. The marginal net cost effectiveness of these 
additional measures is $3,615 per barrel unspilled.
    Non-quantified benefits could further decrease the cost per barrel 
of pollution averted. The most significant non-quantifiable benefit is 
the usefulness of response plans in many chemical

[[Page 17423]]

discharge scenarios, not just those involving a worst case discharge of 
bulk Clean Water Act hazardous substances. History shows that, while 
only a limited number of ``worst case discharges'' of Clean Water Act 
hazardous substances have occurred in recent years, hundreds of 
discharges involving other chemicals, and in smaller quantities, have 
occurred. Response to these discharges would also have been enhanced if 
response plans had been developed.

A. Costs

    The 10-year PV cost of the proposed rule is approximately $99.44 
million. Costs associated with these proposed regulations are the 
development of the actual hazardous substance response plans, as well 
as the costs of operating in compliance with the plan. In calculating 
costs, the Coast Guard used the estimate that 43% of facilities covered 
by these regulations are currently holding oil response plans required 
by 33 CFR part 154 subpart F, and will modify or add to these existing 
plans rather than develop entirely new plans. Consequently, these 
facilities have been credited with partial compliance with these 
proposed regulations. To the extent possible, costs reflect input from 
a range of industry sectors that will be directly or indirectly 
affected by these regulations. Unless otherwise specified, ``total 
cost'' reflects the aggregate cost to the entire industry affected by 
these proposed regulations. The Assessment breaks down costs by 
components. The following is a discussion of the different components 
considered for MTR facilities:
Baseline
    The Coast Guard will take no action beyond existing regulations. By 
passing OPA 90, Congress indicated a preference for a statutory 
solution to oil and hazardous substance response planning for MTR 
facilities and vessels rather than a ``free market'' solution. Given 
that OPA 90 has been enacted, ``no action'' is essentially not a 
feasible alternative for MTR facilities and vessels.
Component A
    The Coast Guard will require that response plans be developed for 
all facilities that transfer hazardous substances covered by the 
regulations. The plans must be consistent with associated national and 
area planning requirements and must include the following:

 General site information
 Designation of a QI with the authority to activate spill 
response resources
 Contact lists
 Training and drills
 Submission of plans
 Periodic updates as changes occur

Component B
    Component B includes cost from the measures in component A, plus 
the costs from the following two measures:
     ``First Responders Guides'' or handbooks that provide 
instructions for initial response.
     Decision Support System to assist in responding to a spill 
and assessing the risk to the surrounding areas.
Alternative 1
    Alternative 1 captures what is mandated by statute. In addition to 
components A and B, companies will be required to contract or provide 
by other approved means for spill response capabilities and have 
equipment deployment drills. This requirement will mirror that required 
in the oil response plan regulations but will be applied only to those 
substances that display oil-like characteristics (i.e., those that 
float on water).

B. Benefits

    Based on the preferred alternative and assuming a 10-year PV, the 
amount of pollution averted is estimated at 23,300 barrels, while the 
avoided costs are estimated to be about $19.77 million. Anticipated 
benefits from these regulations include averted pollution, a reduction 
in injuries and property damage associated with hazardous substance 
discharges, the avoidance of costs incurred by both public and private 
entities directly involved in response operations, and reduction of 
impacts on populations located in the vicinity of such discharges.
    The degree to which response operations would be improved was 
estimated by interviewing 11 subject matter experts who have been 
directly involved with responding to hazardous substance incidents. 
These interviewees represent facility and vessel owners or operators, 
local hazardous material response teams, U.S. Coast Guard Federal OSCs 
and Marine Safety Offices, and the U.S. Environmental Protection 
Agency.
    Each interviewee was asked to estimate the level of effectiveness 
for each regulatory component. These estimates, ranging from minimal to 
significant impact on the efficiency of response operations, were 
averaged to develop an overall ``percent efficiency.'' This in turn 
reflects the percent to which costs of a response would be reduced and 
the amount of pollution that could be averted.
    An indirect benefit applies to chemical release discharges not 
covered under these regulations. These regulations apply to worst case 
discharges and the threat of such discharges. In reality, the vast 
majority of these discharges occur during transfer operations and are 
not worst case discharges, and frequently involve chemicals not 
transferred in bulk or not covered by these regulations. Realizing that 
the benefit of the plans would be limited if they could be applied only 
to worst case discharges involving specific bulk hazardous substances, 
the Coast Guard designed these regulations with enough flexibility to 
be useful in guiding a wider range of chemical responses.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    These regulations are not expected to significantly impact small 
businesses. No comments were made in response to an ANPRM and during 
two public meetings, and one workshop that expressed concerns about 
impacts on small entities. We contacted trade associations representing 
small businesses in the chemical manufacturing industry and received no 
indications that these regulations would adversely impact small 
entities. In total, chapter five of the Assessment estimates that these 
regulations would affect a maximum of 49 small entities.
    The proposed regulations provide allowances to modify existing 
response plans and to take advantage of participation in industry 
cooperatives. Additionally, the Coast Guard is updating and making 
CHRIS available. This update would essentially provide affected parties 
with the hazardous-substance-specific information required in the 
regulations. For any company that believes it will be significantly 
affected, the regulations allow the company to request further 
flexibility in complying with the requirements.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. If you think your business, 
organization, or governmental jurisdiction qualifies as a

[[Page 17424]]

small entity and that this rule would have a significant economic 
impact on it, please submit a comment to the Docket Management Facility 
at the address under ADDRESSES. In your comment, explain why you think 
it qualifies and how and to what degree this rule would economically 
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult LT Michael Roldan, Office of 
Operating and Environmental Standards (G-MSO), 202-267-0106; e-mail: 
[email protected].
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This proposed rule would call for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined 
in 5 CFR 1320.3(c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other, similar 
actions. The title and description of the information collections, a 
description of those who must collect the information, and an estimate 
of the total annual burden follow. The estimate covers the time for 
reviewing instructions, searching existing sources of data, gathering 
and maintaining the data needed, and completing and reviewing the 
collection.
    Title: Marine Transportation-Related Facility Response Plans for 
Hazardous Substances.
    Summary of the Collection of Information: The Coast Guard has 
prepared and will seek approval for this collection of information 
under a consolidated collection which applies to these proposed 
regulations, proposed regulations for Tank Vessel Response Plans for 
Hazardous Substances as well as existing regulations for Vessel and 
Facility Oil Response Plans. This proposal contains collection of 
information requirements in Secs. 154.2022 (What are the requirements 
for qualified individuals and alternate qualified individuals and what 
is their authority?); 154.2025 (When may I conduct hazardous substance 
transfer operations?); 154.2026 (How do I obtain interim operating 
authorization?); 154.2030 (May I augment an existing oil response plan 
with hazardous substance response information?); 154.2031 (How many 
copies of the plan must I have, and where must they be maintained?); 
154.2032 (What are the required contents of a response plan?); 154.2035 
(What are the required contents for each section of the plan?); 
154.2055 (How must I certify that my response resource providers are 
capable of meeting plan requirements?); 154.2065 (What are the 
procedures for plan submission and approval?); 154.2070 (What are the 
procedures for plan review, revision, and resubmission?); 154.2072 
(When must I resubmit my plan?); 154.2080 (How do I appeal a plan 
deficiency or COTP determination?); and 154.2085 (What are the 
procedures for submitting a request for acceptance of alternative 
planning criteria?).
    Need for Information: This information is necessary to ensure that 
facilities transferring hazardous substances in bulk to or from vessels 
in U.S. waters are adequately prepared to respond to a hazardous 
substance incident.
    Proposed Use of Information: In part, the purpose of the OPA 90 
amendments to section 1321 of the FWPCA is to derive benefits 
anticipated to result from these regulations because of an increased 
level of preparedness and efficiency in conducting response operations. 
Anticipated benefits include averted pollution, reduced injuries and 
property damage associated with hazardous substance discharges, avoided 
costs incurred by both public and private entities directly involved in 
response operations, and minimized impact of the hazardous substance 
discharges when they occur in U.S. waters. Without the proposed 
requirements for facility response plans, it is possible that some 
owners or operators will not maintain the necessary internal resources 
(effective planning, training, exercises, etc.) or external resources 
(adequate shore-based response capability) to meet the requirements of 
these proposed regulations. The proposed collection of information 
requirements help monitor and ensure, through the submission and 
recurring update of response plans, that facilities conducting transfer 
operations in U.S. waters have appropriate response plans and response 
resources.
    Submission of facility response plans to the U.S. Coast Guard for 
approval, the on-sight verification of an approved plan during routine 
facility inspections, and the maintenance of training and exercise 
records are the best way to ensure compliance.
    Description of the Respondents: Owners and operators of facilities 
transferring hazardous substances in bulk to or from vessels in U.S. 
waters.
    Number of Respondents: 225.
    Frequency of Response: Response plan submitted every 5 years; 
notice of reviews completed annually; updates as necessary.
    Burden of Response: A one-time burden of 44,502 hours for reporting 
and an annual recordkeeping burden of 4,504 hours for all respondents.
    Estimated Total Annual Burden: One-time reporting burden of 198 
hours per respondent and an annual recordkeeping burden of 20 hours per 
respondent.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we have submitted a copy of this proposed rule to the Office 
of Management and Budget (OMB) for its review of the collection of 
information.
    We ask for public comment on the proposed collection of information 
to help us determine how useful the information is; whether it can help 
us perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the 
requirements for this collection of information become effective, we 
will publish a notice in the Federal Register of OMB's decision to 
approve, modify, or disapprove the collection.

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

[[Page 17425]]

However, we have consulted with interested State and local government 
officials and relevant representative national organizations and have 
received meaningful and timely input by those officials and 
organizations.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that preparation of an Environmental Impact Statement is not 
necessary. A draft Environmental Assessment and a draft Finding of No 
Significant Impact are available in the docket for inspection or 
copying where indicated under ADDRESSES.
    The Environmental Assessment indicated that these regulations would 
not be expected to result in a significant impact on the environment. 
The Assessment analyzed the range of environmental impacts associated 
with several potential regulatory strategies considered by us, with a 
``no action'' option as a baseline. A ``no action'' regulatory option 
would have adverse environmental impacts. Other regulatory options 
considered would result in positive impacts by mitigating environmental 
damage due to increasing response efficiencies. These damage reductions 
would be approximately 67% less than damages from the baseline. This 
estimate was established through interviews with individuals having 
substantial experience in the area of chemical response. No aspects of 
these regulations would be expected to result in adverse impacts on the 
environment. Cost reductions associated with environmental damage 
mitigation include those associated with environmental restoration and 
natural resources damages.

List of Subjects in 33 CFR Part 154

    Incorporation by reference, Hazardous substances, Oil pollution, 
Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 154 as follows:

PART 154--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION 
REGULATIONS FOR FACILITIES

    1. The authority citation for part 154 continues to read as 
follows:

    Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6) and 
(m)(2); sec. 2, E.O. 12777, 56 FR 54757, 49 CFR 1.46. Subpart F is 
also issued under 33 U.S.C. 2735.

    2. Add subpart J, consisting of Secs. 154.2010 through 154.2085, to 
read as follows:

Subpart J--Response Plans for Hazardous Substances

Sec.
154.2010   What is the purpose of this subpart?
154.2015   Who must follow this subpart?
154.2016   What is the classification of my facility?
154.2017   How can I have my facility reclassified by the COTP?
154.2018   What are the basic submission requirements for my 
facility's response plan?
154.2020   What definitions apply to this subpart?
154.2021   What is a ``contract or other approved means''?
154.2022   What are the requirements for qualified individuals (QI) 
and alternate qualified individuals and what is their authority?
154.2025   When may I conduct hazardous substance transfer 
operations?
154.2026   How do I obtain interim operating authorization?
154.2030   May I augment an existing response plan with hazardous 
substance response information?
154.2031   How many copies of the plan must I have, and where must 
they be maintained?
154.2032   What are the required contents of a response plan?
154.2035   What are the required contents for each section of the 
plan?
154.2040   What appendices must I include in my plan?
154.2045   What inspections and maintenance must I conduct on 
response resources that I own or operate and are named in my plan?
154.2050   What are the operating criteria that apply to response 
resource equipment?
154.2055   How must I certify that my response resource providers 
are capable of meeting plan requirements?
154.2065   What are the procedures for plan submission and approval?
154.2070   What are the procedures for plan review, revision, and 
resubmission?
154.2072   When must I resubmit my plan?
154.2075   How will the Coast Guard notify me of deficiencies that 
may exist in my plan?
154.2076   When may my plan be declared invalid?
154.2080   How do I appeal a plan deficiency or COTP determination?
154.2085   What are the procedures for submitting a request for 
acceptance of alternative planning criteria?


Sec. 154.2010  What is the purpose of this subpart?

    The purpose of this subpart is to establish hazardous substance 
response planning requirements for all marine transportation-related 
(MTR) facilities that transfer hazardous substances, in bulk, to or 
from a vessel. The development of response plans is intended to better 
prepare owners or operators to respond to a hazardous substance 
incident. The Coast Guard is not specifying the actions you need to 
take in case of an incident. Instead, we are specifying problem areas 
you must address during the planning process before an incident.


Sec. 154.2015  Who must follow this subpart?

    You must follow this subpart if you own or operate an MTR facility 
that transfers, in bulk, to or from a vessel--
    (a) A hazardous substance;
    (b) A hazardous substance's isomer or hydrate; or
    (c) A mixture or solution with 10% or more by weight of a single 
hazardous substance.


Sec. 154.2016  What is the classification of my facility?

    (a) The Coast Guard classifies facilities identified in 
Sec. 154.2015 as ``significant and substantial harm'' facilities 
because a discharge may cause significant and substantial harm to the 
environment.
    (b) The Captain of the Port (COTP) may change the classification of 
a facility identified in Sec. 154.2015 to or from ``substantial harm''. 
Before changing the classification of a facility

[[Page 17426]]

the COTP will consider, as a minimum, the following factors:
    (1) The type and quantity of substance(s) handled.
    (2) The spill history of the facility.
    (3) The age of the facility.
    (4) The public and commercial water supply intakes near the 
facility.
    (5) The navigable waters near the facility. Navigable waters is 
defined in 33 CFR 2.05-25.
    (6) The fish, wildlife, and sensitive environments.


Sec. 154.2017  How can I have my facility reclassified by the COTP?

    The COTP will consider reclassifying your facility upon receiving a 
written request for reclassification. Your request must discuss those 
factors identified in Sec. 154.2016(b).


Sec. 154.2018  What are the basic submission requirements for my 
facility's response plan?

    (a) If you own or operate a facility identified in Sec. 154.2017 as 
a significant and substantial harm facility, then you must submit your 
plan to the cognizant COTP for review and approval.
    (b) If you own or operate a facility identified in Sec. 154.2017 as 
a substantial harm facility, you must also submit your plan to the 
cognizant COTP, but it does not require COTP approval.
    (c) Section 154.2065 provides specific procedures for plan 
submission and approval.


Sec. 154.2020  What definitions apply to this subpart?

    As used in this subpart:
    Adverse weather means the hydrographic, meteorological, and other 
environmental conditions that magnify the risk of an adverse impact to 
human health and the environment when a hazardous substance is 
discharged, and must be considered when identifying response resources 
in a response plan.
    Bulk means any volume of a hazardous substance transferred to or 
from an integral tank of a vessel, and any volume of a hazardous 
substance transferred to or from a marine portable tank or independent 
tank while on board a vessel.
    Captain of the Port (COTP) Zone means a zone specified in 33 CFR 
part 3 and, for coastal ports, the seaward extension of that zone to 
the outer boundary of the exclusive economic zone (EEZ).
    Endpoint means the level or concentration in air, soil, or water of 
a hazardous substance below which human health and the environment 
should not be adversely impacted.
    Federal On-Scene Coordinator (Federal OSC) means the Federal 
official pre-designated by the Coast Guard or Environmental Protection 
Agency (EPA) to coordinate and direct response efforts at the scene of 
a hazardous substance incident, as prescribed in the National Oil and 
Hazardous Substances Pollution Contingency Plan (National Contingency 
Plan (NCP)) published in 40 CFR part 300.
    Fish and Wildlife and Sensitive Environments means areas that may 
be identified by either their legal designation or by Area Committees 
in applicable Area Contingency Plans (ACP) (for planning) or by members 
of the Federal OSC'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.
    Floater means any hazardous substance whose physical and chemical 
properties, when discharged into water, result in a substance on the 
water surface that does not rapidly sink, react chemically with water, 
vaporize, or dissolve.
    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.
    Hazardous substance means any chemical that is listed in 40 CFR 
116.4.
    Hazardous substance operations means the transferring of any 
hazardous substance in bulk to or from a vessel in areas subject to the 
jurisdiction of the United States.
    Incident means a discharge or a substantial threat of a discharge.
    Independent tank means a cargo tank that is permanently affixed to 
the vessel, that is self-supporting, that incorporates no part of the 
vessel's hull and that is not essential to the integrity of the hull.
    Inland area means either the area shoreward of the boundary lines 
defined in 46 CFR part 7, or in the Gulf of Mexico, the area shoreward 
of the lines of demarcation (COLREG lines) as defined in 33 CFR 80.740 
through 80.850. The Great Lakes are not included in the inland area.
    Integral tank means a cargo tank that also is part of, or is formed 
in part by, the vessel's hull structure so that the tank and the hull 
may be stressed by the same loads.
    Interim operating authorization means authorization granted by the 
Coast Guard for a significant and substantial harm facility to conduct 
hazardous substance operations without having an approved plan.
    Marine transportation-related facility (MTR facility) means all 
onshore terminal facilities including transfer hoses, loading arms, and 
in-line or breakout storage tanks needed for the continuous operation 
of a pipeline system, and other equipment used for the purpose of 
handling or transferring hazardous substances in bulk to or from a 
vessel, but excluding terminal exclusive hazardous substance storage 
facilities. If the storage facility has secondary containment, the MTR 
facility extends from the first valve inside a storage tank's secondary 
containment to the transfer system's connection with the vessel.
    Nearshore area means either the area extending seaward 12 miles 
from the boundary lines defined in 46 CFR part 7, or, in the Gulf of 
Mexico, the area extending seaward 12 miles from the lines of 
demarcation (COLREG lines) as defined in 33 CFR 80.740 through 80.850.
    Offshore area means the area from the outer boundary of the 
nearshore area seaward 38 nautical miles.
    Open ocean area means the area from the outer boundary of the 
offshore area to the seaward boundary of the exclusive economic zone.
    Operating area means any of the following: Rivers and canals, Great 
Lakes, Inland area, Nearshore area, Offshore area, or Open ocean area.
    Personal protective equipment (PPE) means equipment that meets the 
requirements contained in 29 CFR 1910.120.
    Portable tank means--
    (a) An IM 101 portable tank or an IM 102 portable tank constructed 
in accordance with 49 CFR 178.270 through 178.272 and approved under 49 
CFR 173.32a;
    (b) A marine portable tank (MPT) that was inspected and stamped by 
the Coast Guard on or before September 30, 1992, and that meets the 
applicable requirements of 46 CFR parts 64 and 98; and
    (c) A portable tank authorized for liquid hazardous materials, 
other than liquefied gases, by the Associate Administrator for 
Hazardous Materials

[[Page 17427]]

Safety (AAHMS), Research and Special Programs Administration, under an 
exemption issued in accordance with subpart B of 49 CFR part 107.
    Response activity means any actions necessary to minimize or 
mitigate damage to human health, the environment, or property.
    Response area means the area designated by the Federal OSC in which 
response activities are occurring.
    Response resources means the personnel, equipment, supplies, and 
other capabilities necessary to perform response activities identified 
in the response plan.
    Response resource provider means an entity that provides response 
personnel, equipment, supplies, or other capabilities necessary to 
perform response plan activities identified in a response plan.
    Rivers and canals means bodies of water confined within the inland 
area. These include the Intracoastal Waterways and other waterways 
artificially created for navigation having a project depth of 12 feet 
or less.
    Sinker means any hazardous substance whose physical and chemical 
properties, when discharged into water, result in a substance in the 
water that does not float, react chemically with water, rapidly 
vaporize, or rapidly dissolve.
    Spill management team (SMT) means the personnel identified in a 
response plan who staff the organizational structure that manages 
response plan implementation. The term Incident Management Team may 
also be used.
    Worst case discharge means the largest foreseeable hazardous 
substance discharge in adverse weather conditions.


Sec. 154.2021  What is a ``contract or other approved means''?

    A ``contract or other approved means'' is any of the following 
methods used to meet the requirements contained in Sec. 154.2035:
    (a) A written contract with a response resource provider.
    (b) A written certification that the personnel, equipment, and 
capabilities required by your response plan are available and are under 
your control.
    (c) An active membership in a local or regional response resource 
provider.
    (d) A document such as a letter, memorandum, or other form of 
written consent that specifies the agreement you have with a response 
resource provider and that the provider is capable of and intends to 
commit to meet your plan requirements. This document must give 
permission for the Coast Guard to verify the identified response 
resources and their capabilities through tests, inspections, and 
exercises.
    (e) You have found another way you can comply with the requirements 
of this section and it is approved by the Commandant (G-MOR).


Sec. 154.2022  What are the requirements for qualified individuals (QI) 
and alternate qualified individuals and what is their authority?

    (a) You must designate a QI and at least one alternate QI in your 
response plan. You may designate a third party organization to fulfill 
the role of the QI and alternate QI. The organization must identify a 
QI and at least one alternate QI. These individuals must be available 
at any time.
    (b) QIs and alternate QIs must--
    (1) Speak fluent English;
    (2) Be located in the United States;
    (3) Be familiar with the implementation of your plan; and
    (4) Meet the training requirements contained in 29 CFR 
1910.120(q)(6)(v), to include the capabilities contained in Appendix E, 
29 CFR 1910.120, in the section entitled ``Suggested Training 
Curriculum Guidelines,'' in paragraph C.b.(5) entitled ``Incident 
commander.''
    (c) You must designate each QI and alternate QI in writing. In your 
designation document you must specify that the QI--
    (1) Has full authority to implement actions to contain, remove, or 
otherwise minimize or mitigate damage to the public health, the 
environment, and public property;
    (2) Is able to immediately and continuously communicate with the 
Federal OSC and persons providing resources and equipment, as needed;
    (3) Is authorized to engage in contracting and to obligate funds to 
carry out response activities; and
    (4) Is adequately trained and experienced to carry out the 
responsibilities of the QI.
    (d) The QI's liability is covered in 33 U.S.C. 1321(c)(4).
    (e) As soon as is practicable after an incident, the QI will 
provide the Federal OSC with the name of the individual who will direct 
response activities and act as the owner or operator's incident 
commander. The QI may also be the incident commander.


Sec. 154.2025  When may I conduct hazardous substance transfer 
operations?

    (a) If you submit a plan prior to [6 months after publication of 
the final rule], you may conduct hazardous substance operations pending 
receipt of interim operating authorization. You must conduct these 
operations consistent with your plan.
    (b) If you are waiting for approval of a submitted plan and have 
received interim operating authorization from the COTP, then you may 
conduct hazardous substance operations for up to 2 years after the date 
your plan was submitted.
    (c) Your facility may not continue to conduct hazardous substance 
operations if --
    (1) You have not submitted a plan to the COTP prior to [6 months 
after publication of the final rule];
    (2) The COTP determines that the response resources referenced in 
the plan do not substantially meet the requirements of this subpart;
    (3) The contracts or agreements cited in your plan have lapsed or 
are otherwise no longer valid;
    (4) You are not operating consistent with your plan;
    (5) Your plan has not been resubmitted or approved within the last 
5 years; or
    (6) The interim operating authorization under paragraph (b) of this 
section has expired.


Sec. 154.2026  How do I obtain interim operating authorization?

    To receive interim operating authorization, you must submit a 
written request with your plan to the COTP certifying that you have 
identified and ensured available, by contract or other approved means, 
the private response resources necessary to respond to a worst case 
discharge or substantial threat of such a discharge.


Sec. 154.2030  May I augment an existing response plan with hazardous 
substance response information?

    Yes, you may augment an existing response plan with requirements 
that are specific to this subpart. The use of the National Response 
Team's Integrated Contingency Plan Guidance is also acceptable as long 
as you include items required by this subpart.


Sec. 154.2031  How many copies of the plan must I have, and where must 
they be maintained?

    You must maintain a current copy of the plan at your facility and 
provide one to each QI and alternate QI named in the plan.


Sec. 154.2032  What are the required contents of a response plan?

    (a) Your response plan must contain, in the same order unless 
supplemented by a cross-reference table, the following sections:
    (1) General information.
    (2) Notification procedures and list of contacts.
    (3) Worst case discharge impact analysis.

[[Page 17428]]

    (4) Facility discharge mitigation procedures.
    (5) Facility response organization.
    (6) Risk-based decision support process.
    (7) Response resources.
    (8) Training requirements.
    (9) Exercise requirements.
    (10) Appendices, including the following:
    (i) Facility-specific information.
    (ii) Hazardous substance-specific information.
    (iii) Site-specific safety and health plan.
    (iv) Disposal plan.
    (b) Your plan must be consistent with the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP)(40 CFR part 300) 
and the Area Contingency Plan (ACP) in effect 6 months prior to the 
submission of your plan.


Sec. 154.2035  What are the required contents for each section of the 
plan?

    (a) General information. This section of the plan must include--
    (1) The facility's name, street address and mailing address (if 
different), city, county/parish, state, ZIP code, and facility 
telephone and facsimile numbers;
    (2) Information regarding the facility's location described in a 
manner that would aid a reviewer and a responder in locating the 
facility;
    (3) A table of contents or index of sufficient detail to allow any 
user to find a specific section of the plan; and
    (4) A page showing a record of changes to record information on 
plan reviews, updates, or revisions.
    (b) Notification procedures and list of contacts. (1) This section 
of your plan must include a prioritized list of individuals to be 
notified in the event of a hazardous substance incident and the 
notification procedures. The list must include names and 24-hour 
telephone or other contact numbers for all of the following:
    (i) QI and alternate.
    (ii) Incident commander (if other than the QI) who is capable of 
arriving at the incident command post, if established, or at the 
immediate vicinity of the incident within a reasonable time.
    (iii) Facility owner or operator.
    (iv) Facility response personnel.
    (v) Spill management team.
    (vi) Response resource providers.
    (vii) Notifications required by 33 CFR part 153.
    (viii) Federal, State, and designated local authorities.
    (2) Your plan must include procedures to ensure that all 
notifications are made.
    (3) Your plan must describe the primary and alternate methods of 
communication to be used during incidents, including notifications and 
communications at the facility and at remote locations within the areas 
covered by the response plan. You may refer to additional 
communications packages provided by the response resource providers. 
This section may reference another existing plan or document.
    (4) Your plan must include a form, created by you, which contains 
information to be provided, if available, in any initial and follow-up 
notifications to Federal, State and designated local authorities. The 
form must include the phone number for the National Response Center (1-
800-424-8802). The form must also contain a statement advising that 
initial notification must not be delayed pending collection of all 
information. Copies of the form must also be placed at the location(s) 
from which notifications are made. The following table represents the 
types of information, which must be collected on the form, if 
available:

------------------------------------------------------------------------
    Information categories                Types of information
------------------------------------------------------------------------
(i) REPORTING PARTY..........  Name of individual or company.
                               Address.
                               Phone Number(s).
                               Party reported incident to: USCG/EPA/
                                Other Federal, State, or local agency.
(ii) SUSPECTED RESPONSIBLE     Name of company/individual/organization.
 PARTY.                        Phone number(s).
                               Type of company/individual/organization:
                                Government (Federal/State/local),
                                Private citizen, Private enterprise,
                                Public utility.
(iii) INCIDENT DESCRIPTION...  Address/location of incident.
                               Cause and/or source of incident.
                               City nearest incident.
                               Date of incident.
                               Facility capacity.
                               Facility location: Latitude and longitude/
                                mile post or river mile.
                               Storage tank container type: Above or
                                below ground.
                               Tank capacity.
                               Time of incident.
(iv) MATERIALS...............  Name of discharged substance.
                               Quantity discharged.
                               Quantity in water.
                               Unit of measure.
(v) RESPONSE ACTION..........  Past, present, or future measures to
                                correct or mitigate the incident.
(vi) IMPACT..................  Damage: Yes/no/unknown.
                               Damage in dollars.
                               Number of evacuations.
                               Number of fatalities.
                               Number of injuries.
(vii) ADDITIONAL INFORMATION.  Any other information not previously
                                provided.
------------------------------------------------------------------------

    (c) Worst case discharge impact analysis. This section of your plan 
must contain an analysis which will result in ``potentially impacted 
area'' diagrams that provide a reference tool for use in quickly 
assessing the impacts of each hazardous substance worst case discharge. 
Specific components of the analysis must include:

[[Page 17429]]

    (1) Planning volume calculation. Use the following table to 
calculate the planning volume for each hazardous substance:

         Planning Volume Calculation for a Worst Case Discharge
------------------------------------------------------------------------
             Item                             Description
------------------------------------------------------------------------
(i) TRANSFER SYSTEM TANK       Sum of the capacities of all in-line and
 CAPACITY.                      break out tank(s) needed for the
                                continuous operation of the transfer
                                system.
(ii) PIPING DISCHARGE RATE...  Calculate the discharge from the MTR
                                facility's piping carrying a hazardous
                                substance. The discharge from each pipe
                                is calculated as follows: the maximum
                                time to discover the discharge and shut
                                down the flow from the pipe multiplied
                                by the maximum flow rate. See note.
(iii) LEAKAGE AFTER SHUTDOWN.  The total volume of the MTR facility's
                                piping.
(iv) PLANNING VOLUME.........  TRANSFER SYSTEM TANK CAPACITY + PIPING
                                DISCHARGE RATE + LEAKAGE AFTER SHUTDOWN.
 
------------------------------------------------------------------------
Note to paragraph (c)(1) table: Based on the maximum relief valve
  setting or maximum system pressure when relief valves are not
  provided.

    (2) Identifying endpoints. This step in the process requires the 
identification of endpoints for each hazardous substance. Endpoints can 
be obtained or derived from health guideline values from a recognized 
authority, including Federal or State agencies, professional 
associations, or scientific studies. You must assign air endpoints for 
each hazardous substance that produces a toxic or flammable airborne 
constituent. You must also assign water endpoints for each hazardous 
substance that produces a toxic condition or harmful pH level in the 
marine environment.
    (3) Determining the distance to air and water endpoints. Endpoints 
are critical in determining distances, from the source of an incident, 
within which human health and the environment could expect to be 
adversely affected. In addition to the characteristics of the hazardous 
substances your plan addresses, distances to endpoints are affected by 
planning volumes and impact analysis parameters.
    (i) For those substances that pose a threat by air, you must 
include the following parameters:
    (A) Wind speed.
    (B) Atmospheric stability class.
    (C) Ambient temperature.
    (D) Ambient humidity.
    (E) Height of discharge.
    (F) Surface roughness (urban, rural).
    (G) Gas density.
    (H) Temperature of substance during transfer.
    (I) Location of incident. Assume the incident occurs at the point 
of transfer unless you determine that an alternate location presents 
greater risk. Values for parameters in paragraphs (c)(3)(i) (A) through 
(D) of this section can be of this section derived from historical 
data, while parameters in paragraphs (c)(3)(i) (E) through (H) of this 
section can be determined by actual conditions. Parameters listed in 40 
CFR 68.22, paragraphs (b) through (g), for worst case discharge 
analysis, may also be used.
    (ii) For those substances that pose a threat by water, you must 
include the following parameters:
    (A) Water temperature.
    (B) Tides (ebb and flood).
    (C) Currents.
    (D) Salinity.
    (E) Wind speed.
    (F) Ambient temperature.
    (G) Ambient humidity.
    (H) Location of incident. Assume the incident occurs at the point 
of transfer unless you determine that an alternate location presents 
greater risk. Values for parameters in paragraphs (c)(3)(ii) (A) 
through (G) of this section can be derived from historical data.
    (iii) To determine the distance to each endpoint, you may use a 
methodology, model, or other technique that accounts for modeling 
conditions and reflects current industry standards. You may use 
proprietary models provided that you allow the Coast Guard access to 
the model and describe the model's features to local emergency 
planners, upon request.
    (4) Developing diagrams of impacted areas. You must illustrate on a 
chart or map the area of impact, originating at the point of discharge, 
to each endpoint identified in paragraph (c)(2) of this section. This 
diagram may take into account the effects of physical or geographical 
obstructions.
    (5) Identifying receptors within impacted areas. You must identify 
the potential public and environmental receptors within the impacted 
areas.
    (i) Public receptors are population centers such as off-site 
residences, institutions (e.g., schools, hospitals), industrial or 
commercial office buildings, drinking water intakes, parks, and 
recreational areas.
    (ii) Environmental receptors are fish and wildlife and sensitive 
environments that should be identified in the Area Contingency Plan.
    (iii) All of the public and environmental receptors must be 
indicated or otherwise referenced on the diagrams of impacted areas.
    (d) Facility discharge mitigation procedures. This section of your 
plan must contain prioritized procedures necessary to protect the 
facility's personnel, and mitigate, control or prevent a hazardous 
substance incident resulting from hazardous substance operations. A 
copy of these procedures must be maintained at the facility's 
operations center or other appropriate location. Paragraphs (d)(1) 
through (3) of this section include the requirements for facility 
discharge mitigation procedures.
    (1) All plans must include procedures for--
    (i) Personnel safety, and if applicable, the use of personal 
protective equipment;
    (ii) Facility personnel responsibilities by job title;
    (iii) Facility personnel actions in the event of an incident 
involving the following scenarios:
    (A) Failure of manifold, mechanical loading arm, other transfer 
equipment, or hoses, as appropriate.
    (B) Tank overfill.
    (C) Tank failure.
    (D) Piping rupture.
    (E) Piping leak, both under pressure and not under pressure.
    (F) Explosion or fire.
    (G) Equipment failure (e.g., pumping system failure, relief valve 
failure, or other general equipment relevant to operational activities 
associated with internal or external facility transfers.); and
    (iv) Facility personnel assigned to gather information that must be 
provided to response personnel.
    (2) If your facility personnel will engage in incident mitigation 
measures or other response measures (beyond required notification), 
then include--
    (i) The identification and description of responsibilities, and the 
activities that the personnel have been trained in and are qualified to 
conduct; and (ii) Facility responsibilities to mitigate a

[[Page 17430]]

hazardous substance incident. You must include procedures for use of 
equipment and personal protective equipment.
    (3) If your facility personnel will sample or monitor air or water, 
then include personnel responsibilities for recordkeeping and sampling 
of hazardous substances involved in an incident, personal protective 
equipment requirements, and safety procedures during the sampling or 
monitoring operation.
    (e) Facility response organization. This section of your plan must 
include the following:
    (1) The authority and responsibilities of the QI. The authority 
must allow for immediate and continuous communication with the Federal 
OSC and notification and activation of the hazardous substance response 
resource provider(s).
    (2) Procedures for transferring the responsibility for direction of 
response activities from the facility's personnel to the QI or incident 
commander, if other than the QI.
    (3) Procedures for coordinating all response actions with the 
Federal OSC who oversees or directs those actions.
    (4) The organizational structure to be used to manage response 
actions. You must include the following functional areas and list the 
responsibilities, duties and functional job descriptions for each:
    (i) Command and control (incident commander).
    (ii) Public information.
    (iii) Safety.
    (iv) Liaison with government agencies and other agencies as 
appropriate.
    (v) Response operations.
    (vi) Planning.
    (vii) Logistics support.
    (viii) Finance.
    (5) You must list individuals, with the following specific 
technical specialties, who are available on a 24 hours-a-day basis for 
integration into the spill management team:
    (i) Product specialist.
    (ii) Toxicologist.
    (iii) Chemist or chemical engineer.
    (iv) Industrial hygienist.
    (6) You will satisfy the requirements of paragraphs (e)(1) through 
(4) of this section if you design your spill management team per the 
U.S. Coast Guard-adopted National Inter-agency Incident Management 
System (NIIMS) Incident Command System (ICS).
    (f) Risk-based decision support process. This section of your plan 
must outline processes which will help responders make decisions 
relating to the identification, evaluation, and control of risks to 
human health and the environment following a hazardous substance 
incident. These outlined processes do not need to be scenario specific, 
but can be generic in nature. This section of the plan may take the 
form of a decision tree, an automated decision support system, or any 
other format that meets the elements described in this paragraph. As a 
minimum, the process must include all of the following:
    (1) Risk identification which describes the process which will be 
used to determine the extent and route of hazardous substance exposure 
to humans and the environment.
    (2) Risk evaluation which describes the process which will be used 
to establish relative degrees of risk and prioritizing risks.
    (3) Risk control which describes the process which will be used to 
determine which response methods are feasible to eliminate or reduce 
impacts of the hazardous substance incident on the humans and 
environment likely to be exposed.
    (4) Risk communication which describes the process which will be 
used to communicate information resulting from paragraphs (f)(1), (2), 
and (3) of this section to parties internal and external to response 
activities.
    (g) Response resources. This section must include the following 
information:
    (1) You must ensure the availability by contract or other approved 
means of the following resources, adequate to conduct response 
operations for a worst case discharge, to be on-scene within the times 
indicated from the detection of an incident. You must list a 24-hour 
point of contact for each response resource provider.
    (i) Air monitoring equipment per 29 CFR 1910.120--2 hours.
    (ii) Water sampling equipment--2 hours.
    (iii) Personal protective equipment--2 hours.
    (iv) Modeling capabilities to include dispersion modeling (water 
and air)--2 hours.
    (v) Firefighting resources--24 hours.
    (A) If you determine that adequate local firefighting resources 
exist, then you do not have to ensure by contract this response 
resource.
    (B) If you rely on local firefighting resources, then you must 
identify an individual located at the facility to coordinate with the 
local fire department and verify that adequately trained resources are 
retained for hazardous substance fires.
    (C) The individual may be the QI as defined in Sec. 154.2022 or 
another appropriate individual located at the facility.
    (2) If you transfer a hazardous substance that is a ``floater,'' 
then you must ensure available, by contract or other approved means, 
response resource providers that are capable of providing the following 
services and equipment on-scene within 1 hour of detection of the 
incident. You must list a 24-hour point of contact for each provider of 
the following response resources:
    (i) 1,000 ft of containment boom, or twice the length of the 
largest vessel that regularly conducts hazardous substance operations 
at your facility, whichever is greater.
    (ii) The means of deploying and anchoring the boom.
    (3) If you transfer a hazardous substance that is a ``floater,'' 
then you must list response resource providers that are capable of 
providing the following services and equipment on-scene within 12 hours 
of detection of the incident. You must list a 24-hour point of contact 
for each response resource provider.
    (i) Recovery devices (including temporary storage).
    (ii) 10,000 feet of inland boom for shoreline and wildlife and 
sensitive area protection operations. Resources, as required in 
approved oil response plans, will meet this requirement.
    (4) If you transport a hazardous substance that is a ``sinker,'' 
then you must list response resource providers that are capable of 
providing the following services and equipment on-scene within 12 hours 
of detection of the incident. You must also list a 24-hour point of 
contact for each response resource provider.
    (i) Sorbent boom, containment boom, silt curtains, or other 
equipment to contain hazardous substances that may remain floating on 
the surface or to reduce spreading on the bottom.
    (ii) Dredges, pumps, or other equipment necessary to recover 
hazardous substances from the bottom and shoreline.
    (iii) Chemical detection devices, such as sonar or sampling 
equipment.
    (iv) In situ treatment equipment as deemed appropriate by the plan-
holder.
    (5) The listed response resource providers must meet the equipment 
criteria contained in Sec. 154.2050. Response resource providers must 
provide trained personnel to operate equipment, and staff their 
organization and the spill management team for the first 7 days of the 
response.
    (h) Training requirements. This section of your plan must describe 
the training procedures and programs.
    (1) This section does not apply to the individuals listed in 
Sec. 154.2035(e)(5).
    (2) You must identify the training required for personnel having

[[Page 17431]]

responsibilities under the response plan.
    (3) You must differentiate between training provided to vessel 
personnel and shore-based personnel.
    (4) You must document the training of your personnel and make your 
training records available when requested by the Coast Guard. This 
applies to both initial and refresher training, as applicable. Records 
must be maintained for 3 years following completion of training.
    (5) Nothing in this section relieves you from the responsibility to 
ensure that private shore-based response personnel are trained to meet 
the Occupational Safety and Health Administration (OSHA) standards for 
emergency response operations in 29 CFR 1920.120.
    (i) Exercise requirements. This section of your plan addresses your 
exercise program. These exercises should help to ensure that your plan 
will function in an emergency. Your exercise program must detail the 
types of exercises, frequencies, scopes, objectives, and the scheme for 
exercising your entire response plan every 3 years. You must include 
announced and unannounced exercises in your plan.
    (1) Minimum exercise requirements are:

------------------------------------------------------------------------
         Exercise type              Frequency             Comments
------------------------------------------------------------------------
(i) Qualified individual        Quarterly........
 notification.
(ii) Emergency procedures.....  Optional.........
(iii) Spill management team     Annually.........  In a 3-year period,
 tabletop.                                          one exercise must
                                                    include a worst case
                                                    discharge scenario
                                                    for hazardous
                                                    substances. See
                                                    note.
(iv) Response resource          Annually.........  See note.
 providers.
(v) Owned and operated          Semiannually.....
 equipment.
(vi) Entire response plan.....  Every 3 years....  You must design your
                                                    exercise program so
                                                    that every component
                                                    of the plan is
                                                    exercised at least
                                                    once every 3 years.
                                                    You may exercise the
                                                    components all at
                                                    once. The components
                                                    may be exercised via
                                                    the required
                                                    exercises or an area
                                                    exercise.
------------------------------------------------------------------------
Note to paragraph (i)(1) table: One of these exercises must be
  unannounced in the three year exercise cycle.

    (2) You must participate in unannounced exercises, as directed by 
the COTP. The objectives of these exercises are to verify the ability 
and evaluate the performance of facility personnel in fulfilling their 
emergency-related responsibilities under the plan. These exercises will 
be limited to four per area per year. After participating in an 
unannounced exercise, you will not be required to participate in 
another unannounced exercise for at least 3 years from the date of the 
exercise.
    (3) You must participate in area exercises as directed by the 
Federal OSC. The area exercises will involve those actions necessary to 
respond to the spill scenario developed by the exercise design team, of 
which you will be a member. After participating in an area exercise, 
you will not be required to participate in another area exercise for at 
least 6 years.
    (4) You must maintain adequate exercise records as follows:
    (i) Records of the QI notification exercises and the emergency 
procedures exercises must be maintained at the facility.
    (ii) Exercise records must be available to the Coast Guard for 3 
years following completion of the exercises.
    (5) For holders of approved oil response plans augmented for 
hazardous substances, oil and hazardous substances exercises are 
interchangeable. However, a minimum of 25 percent to a maximum of 75 
percent of all exercises must be for hazardous substances.
    (6) You may satisfy the exercise response plan requirements by 
complying with the National Preparedness for Response Exercise Program 
(PREP) Guidelines. These guidelines are available from the United 
States Government Printing Office, North Capitol and H Sts., NW., 
Washington, DC 20402 or at their Web site: http://www.access.gpo.gov. 
You may also order a copy of the guidelines by mail or fax from TASC 
Dept Warehouse, 3341Q 75th Ave., Landover, MD 20785; fax: 301-386-5394. 
The publication number is USCG-X0191.


Sec. 154.2040  What appendices must I include in my plan?

    You must include the following:
    (a) Facility-specific information appendix. This appendix must 
contain a description of the facility's principal characteristics.
    (1) There must be a physical description of the facility including 
a plan of the facility showing the mooring areas, transfer locations, 
control stations, locations of safety equipment, and the locations and 
capacities of all piping and storage tanks.
    (2) The appendix must identify the sizes, types, and number of 
vessels that the facility can transfer hazardous substances to or from 
simultaneously.
    (3) The appendix must identify or illustrate the MTR portion(s) of 
the facility.
    (b) Hazardous substance-specific appendix. This section of the plan 
must include a separate appendix for each hazardous substance 
transferred to or from a vessel at your facility. The types of 
information, which must be included, if pertinent, may be found in the 
Coast Guard's Chemical Hazard Response Information System (CHRIS) 
manual.
    (c) Site-specific safety and health plan appendix. This appendix 
must describe the safety and health plan to be implemented for any 
response location(s). It must provide as much information as is 
practicable in advance of an actual incident. This appendix may 
reference another existing plan required under 29 CFR 1910.120.
    (d) Disposal plan appendix. This appendix must describe any actions 
to be taken or procedures to be used to ensure that all recovered 
hazardous substances and contaminated debris produced as a result of 
the incident are disposed of according to applicable Federal, State, 
and local requirements.


Sec. 154.2045  What inspections and maintenance must I conduct on 
response resources that I own or operate and are named in my plan?

    (a) A facility owner or operator required to submit a response plan 
under this part must ensure that--
    (1) Containment booms, skimmers, vessels, and other major equipment 
listed or referenced in the plan are periodically inspected and 
maintained in good operating condition, consistent with the 
manufacturers' recommendations, and best commercial practices; and

[[Page 17432]]

    (2) All inspection and maintenance is documented and that these 
records are maintained for 3 years.
    (b) For equipment that must be inspected and maintained under this 
section, the Coast Guard may--
    (1) Verify that the equipment inventories exist as represented;
    (2) Verify the existence of records required under this section;
    (3) Verify that the records of inspection and maintenance reflect 
the actual condition of any equipment listed or referenced; and
    (4) Inspect and require operational tests of equipment.
    (c) This section does not apply to equipment ensured available from 
a response resource provider through written contract under 
Sec. 154.2021(d).


Sec. 154.2050  What are the operating criteria that apply to response 
resource equipment?

    (a) If you transfer a hazardous substance that is a ``floater'' or 
``sinker,'' then the containment boom and recovery devices listed under 
Sec. 154.2035(g) must meet the following criteria:
    (1) Table 1 must be used to identify appropriate hazardous 
substance recovery devices in the response plan. These criteria reflect 
conditions used for planning purposes to select mechanical response 
equipment. They are not conditions that would limit response actions or 
affect a response vessel's normal operations. Table 1 follows:

   Table 1.--Response Resource Operating Criteria Hazardous Substance
                            Recovery Devices
------------------------------------------------------------------------
                                            Significant
             Operating area                 wave height      Sea State
                                          \1\  (in feet)
------------------------------------------------------------------------
Rivers and Canals.......................    1               1
Inland..................................    3               2
Great Lakes.............................    4             2-3
Nearshore, Offshore, Open Ocean.........    6            3-4
------------------------------------------------------------------------
\1\ Recovery devices and boom must be at least capable of operating in
  wave heights up to and including the values listed in Table 1 for each
  operating area.


                                                      Boom
----------------------------------------------------------------------------------------------------------------
                                                                          Use
                                      --------------------------------------------------------------------------
                 Boom                    Rivers and                                    Nearshore, offshore, open
                                           canals          Inland        Great lakes             ocean
----------------------------------------------------------------------------------------------------------------
Significant Wave Height..............    1    3    4  6
Sea State............................               1               2             2-3  3-4
Boom Height--in (draft plus                      6-18           18-24           18-24  24
 freeboard).
Reserve Buoyancy to Weight Ratio.....             2:1             2:1             2:1  3:1 to 4:1
Total Tensile Strength--lbs..........           4,500       15-20,000       15-20,000  20,000
Skirt Fabric Tensile Strength--lbs...             200             300             300  500
Skirt Fabric Tear Strength--lbs......             100             100             100  125
----------------------------------------------------------------------------------------------------------------

    (2) When evaluating operability of response equipment you must 
consider limitations identified in the Area Contingency Plans for the 
COTP zone in which your facility is located, to include--
    (i) Ice conditions;
    (ii) Debris;
    (iii) Temperature ranges; and
    (iv) Weather-related visibility.
    (b) The COTP may reclassify a specific body of water or location 
within the COTP zone. Any reclassifications will be listed in the Area 
Contingency Plan. Reclassifications may be to--
    (1) A more stringent operating area if the prevailing wave 
conditions exceed the significant wave height criteria during more than 
35 percent of the year; or
    (2) A less stringent operating area if the prevailing wave 
conditions do not exceed the significant wave height criteria during 
more than 35 percent of the year.
    (c) Response equipment must--
    (1) Meet or exceed the criteria listed in Table 1 of paragraph 
(a)(1) of this section;
    (2) Be capable of functioning in the applicable operating area;
    (3) Be appropriate for the hazardous substance carried; and
    (4) Be periodically inspected and maintained consistent with the 
manufacturer's recommendations and best commercial practices. All 
inspections and maintenance must be documented and these records must 
be maintained for 3 years.


Sec. 154.2055  How must I certify that my response resource providers 
are capable of meeting plan requirements?

    (a) Your plan must include the original written certification 
that--
    (1) You have evaluated the risks associated with the worst case 
discharge of a hazardous substance you carry;
    (2) You have contracted or listed, as appropriate, the resources 
that you have determined are necessary to effectively respond to a 
worst case hazardous substance discharge;
    (3) The response resource providers you listed in your plan have 
acknowledged being listed; and
    (4) You have determined that the technical expertise of the 
response resource providers is adequate to carry out the planned 
response requirements.
    (b) This certification must be signed by the facility's owner or 
operator.


Sec. 154.2065  What are the procedures for plan submission and 
approval?

    (a) You must submit one copy of your plan to the COTP for initial 
review and, if appropriate, approval. Your plan must--
    (1) Include a statement certifying that your plan meets the 
requirements of this subpart; and
    (2) Be submitted at least 60 days before your facility intends to 
perform hazardous substance operations.
    (b) If your plan is approved, then the Coast Guard will send you an 
approval letter. Your plan will be approved for up

[[Page 17433]]

to 5 years from the date the plan was submitted.
    (c) For a facility that has been reclassified under Sec. 154.2016 
as a substantial harm MTR facility, your plan will be valid for 5 years 
from the date the plan was submitted.
    (d) If your plan is not approved, then you will receive written 
notification of your plan's deficiencies per Sec. 154.2075. You must 
submit a revised plan or the corrected portions within the time period 
specified in the Coast Guard's notice.
    (e) If you have received interim operating authorization per 
Sec. 154.2025, then the deficiency provisions of Sec. 154.2075 will 
also apply.


Sec. 154.2070  What are the procedures for plan review, revision, and 
resubmission?

    (a) You must review your plan--
    (1) Annually within 1 month of the anniversary date of the Coast 
Guard's approval of your plan; and
    (2) After an exercise or hazardous substance incident to evaluate 
and validate the plan's effectiveness.
    (b) Your review must incorporate any revisions to the plan, 
including listings of fish and wildlife and sensitive environments 
identified in the ACP in effect 6 months prior to plan review.
    (c) After review of your plan, you must submit any amendments or 
revisions to the COTP for information or approval, as applicable. A 
cover page that provides a summary of the changes and the pages 
affected must be included with the revisions. The revised pages must be 
annotated with the revision number and effective date of the revision. 
Any changes must be noted on the record of changes page to include what 
changes were made and the date they were made. You must also note the 
completion of the annual review on the record of changes page.
    (d) You must submit revisions or amendments to your plan to the 
COTP and all other holders of the response plan for information or 
approval at least 30 days in advance, whenever there is--
    (1) A change in the owner if that owner did not provide the 
certifying statements required by Sec. 154.2055(a) and 
Sec. 154.2065(a)(1);
    (2) A change in the operator if that operator did not provide the 
certifying statements required by Sec. 154.2055(a) and 
Sec. 154.2065(a)(1);
    (3) A significant change in your facility's configuration that 
affects the information in your response plan;
    (4) A change in the hazardous substances your facility transfers to 
or from a vessel that affects the response resource providers;
    (5) A change in the name or capability of your response resource 
providers;
    (6) A significant change in your facility's emergency response 
procedures;
    (7) A change in the QI or alternate QI; or
    (8) Any other changes that affect the implementation of the plan.
    (e) You must submit certification as required by Sec. 154.2055(a) 
and Sec. 154.2065(a)(1) with all revisions or amendments.
    (f) The COTP may require you to revise your response plan at any 
time as a result of a compliance inspection if the COTP determines that 
the response plan does not meet the requirements of this subpart or as 
the result of inadequacies noted in the response plan during an actual 
hazardous substance incident.
    (g) The COTP will review the revisions submitted by you and will 
give written notice to you of any objections to the proposed revisions 
within 30 days of the date the revisions were submitted. The revisions 
shall become effective not later than 30 days from their submission to 
the COTP unless the COTP indicates otherwise as provided in 
Sec. 154.2075.
    (h) You must advise the Coast Guard and all other holders of the 
response plan of any revisions to personnel and telephone numbers and 
provide a copy of these revisions. Amendments to personnel and 
telephone number lists included in the response plan do not require 
prior Coast Guard approval, except as required in paragraph (c) of this 
section.


Sec. 154.2072  When must I resubmit my plan?

    (a) You must resubmit your entire plan to the COTP--
    (1) When the owner changes, if that owner provided the certifying 
statement required by Sec. 154.2055;
    (2) When the operator changes, if that operator provided the 
certifying statement required by Sec. 154.2055;
    (3) Six months prior to the expiration of your existing plan's 
approval; or
    (4) For facilities that have been reclassified under Sec. 154.2016, 
as substantial harm MTR facilities, within 6 months from the date of 
being reclassified.
    (b) A new certifying statement must be submitted in each of these 
cases as required by Sec. 154.2055.


Sec. 154.2075  How will the Coast Guard notify me of deficiencies that 
may exist in my plan?

    The COTP will notify you in writing of any deficiencies noted 
during review of your response plan, revisions, amendments, drills 
observed by the Coast Guard, or inspection of equipment or records 
maintained in connection with this subpart.


Sec. 154.2076  When may my plan be declared invalid?

    The COTP may declare your plan invalid, prohibiting you from 
conducting hazardous substance operations, if you fail to address any 
deficiency in your plan noted by the COTP.

[[Page 17434]]

Sec. 154.2080  How do I appeal a plan deficiency or COTP determination?

    (a) If you disagree with a deficiency issued by the COTP, then you 
may appeal the deficiency to the COTP within seven days or the time 
specified by the COTP to correct the deficiency, whichever is less. 
This time commences from the date you receive the COTP notice.
    (b) If you desire to appeal the classification that your facility 
could reasonably be expected to cause substantial harm or significant 
and substantial harm to the environment, then you must submit a written 
request to the COTP requesting review and reclassification. You must 
identify those factors the COTP should consider regarding 
reclassification of your facility including, but not limited to, those 
listed in Sec. 154.2016. After considering all relevant material 
presented by you and any additional material available to the COTP, the 
COTP will notify you of the decision on the reclassification of your 
facility--
    (1) Within 10 days of the COTP's decision, you may appeal it by 
writing to the District Commander via the COTP.
    (2) Within 30 days of the District Commander's decision, you may 
appeal it by writing to Commandant (G-MOR), U.S. Coast Guard, 2100 
Second Street SW., Washington, DC 20593-0001, via the COTP and District 
Commander.
    (c) Unless you appeal the Coast Guard's decision, you must correct 
the response plan deficiencies or comply with the COTP's initial 
determination within the period specified.
    (d) When considering an appeal, the COTP, District Commander, or 
Commandant may stay the effective date of the decision or action being 
appealed pending the determination of the appeal.


Sec. 154.2085  What are the procedures for submitting a request for 
acceptance of alternative planning criteria?

    If you believe that national planning criteria contained elsewhere 
in this part are not applicable to your facility for the areas in which 
you wish to operate, then you may request the Coast Guard to accept 
alternative planning criteria. Your request must be made 90 days before 
you intend to conduct hazardous substance operations under the proposed 
alternative, and must be forwarded to Commandant (G-MOR), U. S. Coast 
Guard, 2100 Second Street, SW., Washington, DC 20593-0001, via the COTP 
and District Commander.

    Dated: March 20, 2000.
J.C. Card,
Vice Admiral, U.S. Coast Guard, Acting Commandant.
[FR Doc. 00-7638 Filed 3-30-00; 8:45 am]
BILLING CODE 4910-15-U