Document ZK226eGx5M5JNg98BYDd1RvV

UNITED STATES COAST GUARD Captain of the Port USCG PSSTA Sabine P.,0* Box 412 Sabina, Texas 77655 22 Hay 1973 Dear Sirs: During January of this year you were mailed a copy of the Federr.i Register dated 21 December 1972 covering the new pollution prevention regulations, most of wnich become effective 1 July 1974* however, you are reminded that by 1 July of this year you are required to have on file with this office a letter of intent to operate as per 33 CFR 154,110 and an operations manual as per 33 CFR 154*300 - 300* This applies to facilities which transfer oil in bulk to or from vessels of 250 or more barrels capacity* The deadline for your letter and manual la drawing near and this comes as a reminder of the filing requirements* You are urged to contact this office should any questions concerning the regulations arise* F,, R,, PEASLEY Lieutenant Commander United States Coast Guard Captain of the Port CCR 000036901 ? DEPARTMENT OF TRANSPORTATION UNITED STATES COAST GUARD MAILING ADDRESS: Captain of the Port USCG PSSTA Sabine P. 0. Box 412 Sabine, Texas 77655 713-971-2261/2361 25 January 1973 Dear Sir: The Oil Pollution Prevention Regulations issued as a Notice of Proposed Rulemaking on 24 December 1971 are enclosed in final form in the attached copy of the Federal Register of 21 December 1972. The effective date of the majority of the regulations is 1 July 1974. However, all facilities must file a letter of intent to operate with this office before July 1, 1973, pur suant to 33 CFR i54.HO (page 28253). Also, an operations manual will be submitted with the letter of intent to oper ate, pursuant to 33 CFR 154.300-330 (page 28254). I realize there will be many questions regarding these re gulations, so please feel free to call me at any time. Sincerely, F. R. PEASLEY Lieutenant Commander, USCG Captain of the Port Sabine CC O000369QP 0^-> .j"W.;>:t^ -**' ...^.M~-:,'u,,'v* '&?{/*:. 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';>. 4::-ji-caj'1' '# lii-tf>,' ,, , / No* 54--Pt. II------1 Xv***,' - i'fC^'-i, 1* ... , -7-T ^ >':. r*<a^if^{S.tfiftijiy::? .7..fj?--. , .,, 35''is.!:.^_, ...^ * t*4**-* /v ......... . , _ .. ..,.......................... ^i/ V...4 a'fc .1 ' - ;,!/' ,f '\'i. ` - ' - < T ---" '_x^ ;V."^'.;r3 '`. ,:. CCft 000036903 3 <.*.". . ]. "'*4'' ----------------_ -.'___ --* ^ --------- ----- - 11 ; .ji-np-:/ - , i`'-; \ 'V-/^i,;;^:;,.,. . t ^ *" 2828T -' RULES AND RE ULATIONS Title 33--NAVIGATION AND ' structlon requirements to be developed a system of rationing or other controls. under authority of the Ports and Water On the other hand, demand for oil could ^ NAVIGABLE WATERS; ways Safety Act of 1972, the preventive be more naturally reduced (i.e., without regulations will significantly reduce the disrupting market forces) by developing fhopter I--Coast Guard, Department of Transportation , incidence of discharges of oil into UJ3. waters. \ 3. Adverse environmental effects. alternative sources of energy, such as natural or synthetic gas, nuclear power, solar energy, or geothermal steam. A SUBCHAPTER O--POLLUTION There are no expected adverse environ second national alternative is to pro (COD 71-160R] POLLUTION PREVENTION VESSEL AND OIL TRANSFER FACILITIES 1. Description and purpose.of action, The UJS. Coast Guard, acting under the authority of section 311(j) of the Fed eral Water Pollution Control Act, as amended (FWFCA), intends to issue regulations governing the design, con struction, and operation of vessels oper ating in the navigable waters and con tiguous zone of the United States, and governing the design, construction, and operation of onshore and offshore facil ities engaged in the transfer of oil in bulk (more than 250 barrels) to and from vessels. The purpose of these regulations is to reduce the probability of an accidental discharge of oil or oily wastes during normal vessel operations, during the bulk transfer of oil or oily wastes to or from vessels, or as a result of certain vessel accidents of limited energy. Although the high-energy collision or grounding is spectacular and may create locally severe environmental degradation, more signifi cant and continuous degradation gen erally results from the regular and fre quent discharges of oil into the waters of the United States. Furthermore, it is mental effects.* 4. Alternatives. The Coast Guard has available two distinct alternative courses of regulatory action: j a. Take no action and continue to en force civil penalties without the benefit of preventive regulation. This course is the "status quo'' alternative. Penalty en forcement, however, involves the dis advantage of post-factum action--viz, the damage has already been done. Vigorous penalty action can have only a limited impact upon faulty equipment or procedures which persist in use be cause of Ignorance, indifference, or com petitive pressure. The goal of the in tended action is to promote oil-free water resources by removing the costs of en vironmental protection from the com petitive arena and making them a fixed cost of operation applicable to all businesses. b. Issue regulations more stringent than those described in this statement. To do so is to increase the additional cost of compliance out of proportion to the additional enhancement of the ma rine environment. The public costs of complying with the regulations the Coast Guard intends to promulgate are not pre cisely known. The regulations, however, based upon comments received at the mote a substitute for transhipment of oil by waterborne vessel. Other modes of transportation might include pipelines, rail or truck tank cars, or even transmis sion of electricity generated at oil sources. * The Coast Guard regulations described in this statement represent an attempt to achieve oil-free waters through a rea sonable balance of punitive deterrence and modification of design, construction, and operation intended to minimize the opportunity for and the effects of human error or negligence. Recognizing this Nation's social and industrial depend ence upon oil, these regulations are in tended to provide maximum protection to the environment while remaining within economic and practical bounds. The regulatory process, however, is dy namic and evolutionary. As our experi ence and information improve, the pre ventive regulations will be modified as necessary. 5. Relationship between local short term use of man's environment and the maintenance and enhancement of long term productivity. Studies showing that ofi can be harmful to marine organisms lead biologists to believe that chronic or excessive introduction of petroleum and its products into marine ecosystems may seriously disrupt those systems. There bUeCUlieCvYeCdU that the most effective means of public hearing, are considered to be a fore, reducing the quantity of oil being ^^kminimillzzing the ecological damage of reasonable attempt to deal with known discharged into U.S. waters is beneficial ^^Eisgighh--eennergy accidents is to prevent their problems at a not unreasonable public to both the short-term uses and the ^^Rcoccuurrrreni ce through operational controls cost. In the extreme, oil pollution might long-term productivity of the marine external to the vessel. - The recently be virtually eliminated by issuing regu environment. enacted Bridge-to-Bridge Communica lations so onerous as to make oil transfer, 6. Commitments of environmental re tions Act and Ports and Waterways pr vessel operations economically un-' sources. This action does not result in Safety Act should provide this control. feasible. i- any Irreversible or irretrievable commit The final regulations are set forth be -. Stronger regulations could establish a ment of environmental resources. low and constitute a part of this state requirement for persons engaged in oil 7. Government, public, and industry ment. v >, transfer operations to obtain a permit problems or objections. The Coast 2. Probable environmental impact. The expected Impact of these regulations .is a reduction in the amount of oil dis charged into the navigable waters of the United States. The magnitude of the incidents at which these regulations are aimed is not known with certainty at this time. It is clear that not all discharges of harmful quantities of oil are reported and that quantities of reported discharges are often underestimated. For this reason, thorough assessment of the Impact of these regulations on oil pollution can only follow an initial period of actual regulation. In general, vessel casualties involving a discharge of oil are relatively infrequent and result In medium or major incidents. Discharges during transfer operations are generally more frequent and Involve minor or medium incidents, though the potential for a ma Issued by the Coast Guard. A formal per Guard's! proposed regulations were mit system would produce a current In widely disseminated to Interested parties ventory of all all-handling facilities and -and were the subject of a public hearing allow inspection and control of such held on-February 15, 1972, In Washing facilities to determine the adequacy of ton, D C. Following the public hear the physical plant, personnel, and pro ing, written comments were accepted cedures. A permit program of this kind through April 21, 1972, All comments, was included In the Notice of Proposed written and oral, were reviewed, and the Rule Making for the preventive regula regulatidns^Were subsequently revised as tions but has been withdrawn by the ncrted in the preamble. -, , Coast Guard for the present time. A dis- Com_m__e_n_t_s_o^p t.h...e...d..r.a...f.t. e. nvironmental cusslon of the permit system is contained impact statement; fdr. this proposed ac- Jn the preamble to the final regulations. ^ tion wejn.^teosiYiefl only three Besides these alternatives available to sourcesMXnTlght m 'these comments, the the Coast Guard, there are at least two broad alternative national policies which would significantly reduce ofi pollution in U.S. waters. One alternative is to re duce the national demand for oil and thereby to reduce the amount of oil transported by tank vessel and trans ferred at marine facilities. This reduc tion might be brought about by one. of discussion of alternatives was expanded to consider, both less extreme and nan- Coast Griard alternatives. The antici pated reduction in pollution and the ex pected public-cost of compliance have been discussed qualitatively in para graphs'2 and 4(b), since no quantitative data are available. Copies of comments . are jor incident is present whenever large two means. Demand for oil could be quantities of bulk cargo are handled. It arbitrarily reduced by placing a substah- M> promulgates new is anticipated that in combination with tial tax upon the production, transport,' regulations that govem certaln aspects vessel traffic systems and vessel ccn- or consumption of oil or by establishing ............... . " i*t, and"* opera"tion FEDERAL REGISTER, VOL 37, NO*, 246r--THURSDAY, DECEMBER Vc.:, I 'T.-.V,'- CCR 0000369 041 .V 1 /'rr'T_ ty) j {,;< RULES AND REGULATIONS 28251 of facilities and vessels engaged In the transfer of oil. The purpose of the regu lations Is to prevent the discharge of oil into the navigable waters and contiguous zone of the United States. A minor change to Part 151 of the same Sub chapter O, concerning submission of oil record books from vessels in coastwise service, is also included. A notice of proposed rule making (CGFR 71-160) with respect to these regulations was published In the Decem ber 24, 1971, Issue of the Federal Reg ister (36 F.R. 24960). Subsequent thereto the Ports and Waterways Safety Act of 1972 (Public Law 92-340) was enacted and which requires regulations be pro mulgated by the Coast Guard governing ship design and operation to prevent pollution from marine operations. It Is emphasized that the regulations promul gated herein are not those required by the Ports and Waterways Safety Act but are issued under the Federal Water Pol lution Control Act. A public hearing on the proposed regu lations was held on February 15, 1972, and the record remained open for writ ten comment until April 21, 1972. Some 185 written comments were received from the public in addition to 31 State and territorial government responses and written comments from Coast Guard field offices. As a result of the written and oral comments the proposed regula tions have been revised in part. Many changes have been made to im prove clarity without significant change in substance. Those changes that signifi cantly alter the proposed regulations and those items that received consider able comment but which were not re vised are discussed in the following para graphs. A comment generally applicable throughout the regulations was that the petroleum Industry generally uses "bar rels" rather than "gallons" as its unit of liquid measure. This change has been made and all volumes have been cited in barrels and rounded oft. For example 10,000 gallons has been changed to 250 barrels (10,500 U.S. gallons). Another general comment concerned the effective dates assigned to the various parts and the consequences of having dif ferent effective dates for vessels and facilities. As a result of this latter difa culty, and to allow adequate time for both vessels and facilities to make the necessary physical and administrative changes required, most of these rules be come effective on July 1, 1974. However, although enforcement will not occur be fore July 1, 1974, it should be noted that 5 154.500,154.510, and 155.800 place spe cial requirements on hoses and loading arms manufactured or placed in service after June 30, 1973. Also, to allow the Coast Guard a reasonable period of time to handle the many administrative prob lems and to assure compliance by July 1,1974, all existing transfer facilities are required by 5 154.110 to file before July 1,1973, a letter of intent to operate. Sec tion 154.110 becomes effective 30 days after publication of these amendments. The applicability of Part 154 was ques tioned and, in particular, objection was made to defining a large facility by the fore the proposed regulations have been oil capacity of the vessels it serviced. The extensively revised to delete the require proposed applicability of Part 154 to oil ments concerning permits and in lieu transfer operations between facilities and thereof require each facility to file a letter vessels with a tank capacity of 10,000 gal of intent to operate, control the equip lons (now 250 barrels) is retained. The ment and conduct of operations, and re Coast Guard believes that this definition quire operations manuals for each fa is the only way to reflect the operation's cility. The Coast Guard will inspect each potential to pollute. Facilities that serv facility, will issue a report of inspection ice vessels of this minimum capacity, re to each facility, will invoke civil penalties gardless of the amount of oil actually for operations conducted in violation of transferred, will do so with equipment the regulations, and will take action to and pumping capacities of very large suspend operations when conditions are size. As to those objecting to any limita found that constitute an unacceptable tion on the facilities governed, the Coast risk to the environment. Guard finds that presently the larger fa Section 154.110, Letter of Intent, speci cilities are the significant problem and fies that all facilities that conduct oil further, that smaller operations encom transfer operations must submit a letter, pass different problems requiring differ 60 days in advance of intended opera ent solutions. If spill data Indicates that tions, that specifies the name of the op small facilities are a problem warranting erator and the facility and its location. regulation then further rule making ac For mobile facilities, such as tank trucks, tion will be undertaken. the Captain of the Port must be advised Several definitions were added to of specific transfer locations at least 4 154.105 for clarification of the text hours before each transfer. Initial filing and, in particular, the definition of oil of letters for existing facilities must be was modified to exclude LNG and LPG (liquefied natural and petroleum gases), since, as a result of their properties, they done by July 1,1973. Section 154.120, Facility inspection, is a revision of proposed 154.370. The re cause an insignificant oil pollution prob lem. vision requires the facility operator to maintain a record of all inspections con The regulation which received the most comment was that of Part 154 requiring facility permits to conduct oil transfer operations. Public interest groups strongly supported this proposal and fur ther recommended that vessel to vessel transfers should also be subject to a per mit system. Opposition to the permit system was based not upon the concept, but upon the onerous administrative bur den that such a system would place upon the industry. States, and the Coast Guard. The status of the existing dis charge permit system administered by the Corps of Engineers and the Environ mental Protection Agency was cited as a specific example. Opposition further cited legislative history as a basis for argument that a permit system is illegal because Congress had specifically con sidered and rejected such an approach to oil pollution prevention. The problem of State certification under section 401(a) of the Federal Water Pollution Control Act (FWFCA) was directly addressed by the Coast Guard to each of the State and Territorial Governments. Only 31 replies were received of which only 10 indicated the State had a certification program in existence. The purpose of the Coast Guard pro gram must be kept clearly in mind when considering permits for oil transfer oper ations, The program is intended to mini mize the risk of a spill during operations which do not include any intentional dis charge into the water at a facility which has, by appropriate local, State and Fed eral agencies, been authorized to be built and operated. It is now the view of the Coast Guard that this purpose can best be achieved by a direct regulatory ap proach. The permit program will be held in abeyance while experience is gained in ducted by the Coast Guard and to con duct any tests which the Coast Guard deems necessary to determine the facil ity's compliance with these regulations. The entries in the record of inspection will be made by the Coast Guard in specting personnel and will reflect the scope of the inspection conducted and the conditions found to exist at the time of Inspection. The requirement that the facility conduct all required tests is in keeping with the intent of the pro posed regulations and with current pol icy that testing is a responsibility of the equipment owner or operator. A new g 154.140, Suspension of oil transfer operations, provides for the Captain of the Port to suspend oil trans fer operations whenever, in his opinion, the conditions found at the facility are in such variance with the regulations that further operations would constitute an undue threat to the environment. A revision to proposed 5 154.360, Oper ations manual: Contents (now desig nated 154.310) is to require a descrip tion of the "person in charge" training and qualification program to be included in the operations manual. A new S 154.760, Operations manual: Changes, has been added to Subpart D, Facility Operations, to clarify the in tent of the proposals that the facility operator must maintain the manual cur rent to reflect the operations as con ducted, and must submit copies of the changes to the Captain of the Port. Section 154.500 has been modified to permit nonferrous flange materials. The omission of nonferrous flanges was an oversight to the draft proposals and the Coast Guard is not aware of any condi tion which prevents their usage. Numerous comments requested that a pressure shutdown switch be accepted controlling oil transfer operations. Based in 154.500 to limit hose and system upon this experience, the need for a per pressures. The Coast Guard does not be- mit program will be reassessed. There-: :lieve that a pressure switch and the FEDERAL REGISTER, VOL. 37, NO. 246--THURSDAY, DECEMBER 21, 1V72 Cc 000036905 ) 28252 ' RULES AND REGULATIONS necessary associated control circuitry is an acceptable method upon which to rely for pressure control and no change is made In this regard. new paragraph (b) has been added ^s 154.530, Small discharge contain ment, to define the "hose handling and loading arm areas" as those areas tra versed by the free end of the hose or loading arm to which any oil in the hose may be discharged. Several comments proposed that g 154.545 should require vessels to be en closed by booms during transfer opera tions. The Coast Guard Is of the opinion that these regulations are sufficiently broad that a Captain of the Port may. If specific conditions warrant, require a boom in place about the vessel (see 154.140, 154.300(b) and 154.310(m)). However, booms, regardless of size or type, are ineffective in a current of more than 1 Vi knots and therefore a manda tory requirement for booms in place is not considered appropriate. Comments suggested that 154.550, Emergency shutdown, should permit a communications system to suffice under certain conditions. The comments sub mitted are particularly valid for offshore type facilities where a pier or other such structure Is not used. Therefore, the pro posed section has been modified to per mit dedicated communications systems to a continuously manned control station and to amplify acceptable types of sys tems and their location. Second only to the proposed permit re quirement In number of comments re ceived was the requirement for lighting contained In 154,570 and 155.790. The ffijiections were basically: The lllumina- specified was excessive for the need; high cost of providing the specified degree of lighting; the degree of light ing specified created a navigation hazard to transient vessels by blinding the navi gating officers; and many communities have ordinances which would class such illumination as a public nuisance. Be cause of the general objection to the degree of Illumination specified, the Coast Guard conducted illumination sur veys at existing facilities that were con sidered to be adequately Illuminated. As a result of these surveys the required il lumination level has been reduced to 5 and 1 foot-candles from 10 and 2 as proposed. Additionally, the regulation has been modified to permit the Captain of the Port to accept lighting from portable sources at small or remote facil ities and to permit the vessel to provide facility illumination. Fixed lighting Is preferred but in some remote areas power is not available and a fixed instal lation is impracticable. Proposed 154.710 and 720, which concern designation and qualification of persons in charge, have been combined into a new 154.710. Additionally, pro posed 154.710(a) (2) has been modified to permit the required 48 hours of ex perience to be at any facility engaged in oil transfer operations with the provision that the designee must also be familiar with and qualified to operate the facility for which designation Is given. This change was made to facilitate the use of personnel at various locations. The Coast Guard retains the prerogative to review the designation of a person in charge to assure he has adequate experience. Section 154.740 is changed to require the facility operator to maintain a record of facility inspection as previously dis cussed. Proposed $ 154.365 has been revised and relocated as || 154.760 and 154.770, Operations manual: Changes, and avail ability, respectively. The revision was made for clarity and the relocation was made because the regulation is more a condition for operation than a general requirement. On June 15, 1972, the United States published a notice for the purpose of implementation and enforcement of laws and treaties in the contiguous zone as permitted by Article 24 of the Conven tion on the Territorial Sea and Contig uous Zone. Therefore the applicability of Part 155 has been expanded to govern vessels in the navigable waters and con tiguous zone in accordance with section 311 of the Federal Water Pollution Con trol Act. The Contiguous Zone is that area of water extending seaward 9 miles from the 3-mile territorial sea and thus, in general, extends applicabil ity of the vessel oil pollution prevention regulations to 12 miles off shore. Part 155.105 has several new defini tions added for clarity in application of the part. A great deal of criticism concerned the definition of "vessel" excluding public vessels. Navy or Coast Guard vessels, and thereby exempting them from the provisions of this part. The definition used is that contained in the Federal Wa ter Pollution Control Act, as amended. However, attention is invited to Execu tive Order 11507 signed February 4,1970, which requires all Federal vessels and fa cilities to have programs completed or underway by December 31, 1972, which will bring such facilities and vessels into compliance with air and water quality standards. The Army, Navy, and the Coast Guard have comprehensive pro grams underway and their vessels will, in fact, meet generally more restrictive requirements. Coast Guard vessels will for example, when in the navigable wa ters and contiguous zone, retain all ves sel-generated wastes (sewage, laundry drains, galley waste, bilge wastes, and slop off) on board. A new 155.130, similar to proposed { 154.140, has been added to provide that the Captain of the Port or the Officer in Charge, Marine Inspection, may suspend oil transfer operations if he deems that a severe risk to the environment would otherwise exist. The inland barge industry entered strong objection to the proposed require ments for double wall construction of in land tank barges. The basis of the ob jection is that the costs have neither been adequately investigated nor has a case been made that double wall con struction would significantly reduce oil pollution. The Coast Guard has, in co operation with the Maritime Administra tion, entered into a study of costs and alternatives,, including complete double hull construction, which will be com pleted within 18 months. Therefore, im plementation of proposed { 155.305 is be ing withheld pending the results of the study. Proposed {158.320 Fuel oil discharge containment has been extensively re vised because of'many problems which existing vessels would have in complying with the proposed regulation. Specifi cally, present fuel tank fill and vent lines on river towboats are so arranged as to make centralization economically impos sible. As modified, the regulation requires all new construction to have an installed deck spill containment system to retain an small spiffs and overflows that occur during vessel fueling operations. For ex isting vessels, the use of small portable spill containment systems is allowed. Ad ditionally, it was pointed out that many small river towboats are fueled with gas station type fuel hoses and have not been a pollution source. Therefore, for exist ing vessels, the proposed regulations have been modified to allow the use of flush deck fuel fittings when serviced by an automatic back pressure shut-off nozzle. Sections 155.340 and 155.350, bilge slops, have been revised to clarify that these requirements apply only to ves sels with machinery space bilges. Spe cifically, the requirements of these sec tions do not apply to the double bottoms of barges which would need pumping only in the event of a leak or casualty. The applicability of { 155.340 and 155.350 has been clarified by substituting "Ocean or Coastwise service" for the proposed "international voyages." One purpose of this section is to provide and establish an internationally accepted standard fitting on all vessels using fa cilities that service both domestic and international vessels. The proposed fit ting is one recognized by the Intergov ernmental Maritime Consultative Orga nization GMCO)*',.i^,..-;i^:rA":f..' Section 155.350 has been modified to establish a 4-inch flange as the inland standard for oily.waste discharge con nections Instead of the proposed large international standard fitting. This was done at the request of the Inland in dustry which considers the international fitting unnecessarily large for small in land vessels. .' **_, .. L,, > Proposed {155.400, 155.410, 155.420. and 155.430 concerning the sealing pf vessel overboard discharge valves have been deleted. Most.comments indicated that such system was an unnecessary redundancy in view of the other sections ,of the regulations; that sealing would not be effective and would not provide a significant detercent to Intentional discharges of oil or oily waste; and that It would not be enforceable. Note that proposed 155.450 and 155.460 have been renumbered 155.400 and 155.410 respectively. With the deletion of the valve sealing requirements the proposed 155.440: Placard, has been made appli cable to all domestic vessels over 26 feet In length to alert shipboard personnel of the consequences of an Intentional or careless discharge of flfl.,;:,. c 000036906 OCR FEDERAL REGISTER, VOL 37, NO. 246--THUR5DAY, DECEMBER 21, 1*72 RULES AND REGULATIONS 28253 Section 15L470 Prohibited oil spaces has been modified to apply only to self-propelled vessels. Self-propelled vessels have been the major source of spills from oil in forward spaees. ft was pointed out that coastwise barges pres ently carry oil in their very large forward compartments and the proposed regula tion would reduce their capacity by ap proximately 20 percent until the vessels could be modified. Since many of the technical details of defining the pro hibited spaces on a barge are dependent upon much of the same data to be de veloped by the inland barge study, adop tion of this proposed section is being stayed. Many comments interpreted 5 155.470 (b) as prohibiting vessels from carrying oil in wing tanks adjacent to the hull plate. Paragraph (b) applies only to spaces forward of the collision bulkhead specified in 155.470(a). Comments from the inland barge in dustry stated that their methods of op eration were such that the requirement of $ 155.700 Designation of person in charge could not be accomplished. The Coast Guard feels it is essential that the owner, or an agent acting on behalf of the owner, recognize a responsibility for the conduct of operations on the vessel. Therefore, $ 155.700 has been modified only to the extent of recognizing that an agent may act on behalf of the owner in designating persons in charge. The major concern voiced about Part 156, Oil transfer operations, was that the Coast Guard did not assign an overall responsibility and therefore, liability for oil transfer operations. That is, the ves sel and the facility presently Share re sponsibility, each being responsible for his own area and jointly responsible for common areas (such as mooring lines, adequate freedom in hoses, etc.), anq neither has overall responsibility for the entire operation. The Coast Guard feels it cannot go beyond the designation of responsibility which has been done In the proposed regulations. However, some wording changes have been Included to recognize that a person in charge need not completely inspect both units and that he may accept the signature of the other unit's person in charge on the dec laration of Inspection as satisfactory evidence of the acceptable condition of the other unit,, m consideration of the foregoing, Sub chapter O, Title 33, Code of Federal Regulations Is amended to read as follows: PART 151--OIL POLLUTION REGULATIONS a. By revising 5 151.35(h) of Part 151 to read as follows: 151,35 Oil Record Boole. (h) The Oil Record Book maintained on a vessel when not engaged on a for eign voyage shall be submitted during the months of April and October with entries for the preceding t Twmtyn to the Commander, 3d Coast Guard Dis- trlct (m). New York, if the homeport is located on the east or gulf coast; or to the Commander, 12th Coast Guard District (m), San.Francisco, if the homeport of the vessel is located, on the west coast. (Sec. 3ii(j) (l) (c), Federal Water Pollution Control Act, 86 Stat. 814, 866; sec, 9. 75 Stat. 404. as amended; eea. 6(g) (5), 80 Stat. 987; 33 U.S.C. 1161(J) (1) (C), 83 TT.S-C. 1008, 49 UJ3.C. 1655(g)(5); K.O. 1164E, 3 CFR, 19661970 COMP., p. 949; 49 CPS 1.46(c)(7) and (m)) b. By adding new Parts 154, 155 and 156: PART 154--LARGE OIL TRANSFER facilities Sec. 154.100 154.105 154.110 154.130 154.140 Subpart A--Gwiafal Applicability. Definitions. Letter of Intent. Facility Inspection. Suspension of oil transfer opera tions. . Subpart 8--Operations Manual 154.300 154.310 154.320 154.330 Operations manual: General. Operations manual: Contents. Operations manual: Amendment. Operations manual: Waivers. Subpart C--Equipment Requirements 154.500 154.510 154.520 154.630 154.540 154.545 154.550 154.560 164.570 Hose assemblies. Loading arms. Closure devices. Small discharge containment. Discharge removal. Discharge containment equipment. Emergency shutdown. Communications. Lighting. Subpart D--Facility Operations 164.700 164.710 154.730 154.740 154.750 154.760 164.770 154.780 General. Persons In charge: Designation and qualification. Persons In charge: Evidence of des ignation. Records. Compliance with operations man ual. Operations manual: Changes, Operations manual:-Availability. Compliance with suspension order. Avthoutt: Hie provisions of this Part 154 issued under section 311(J) (1) (C) of the Federal Water Pollution Control Act (86 Stat. 816. 868): 33 UJ3.C. 1161 (j) (1) (O); E.0.11548, 3 CFR, 1966-1970 COMP., p. 949; 49 CFR 1.46 (m)- Subpart A--General 154.100 Applicability.. This part applies to each onshore and offshore facility, when it transfers oil in bulk to or from any vessel that has a capacity of 250 or more barrels of that oil except when It transfers-- (a) Lubricating oil for use on board a vessel; or (b) Nonpetroleum based oO to or from a vessel other than a tank vessel. 154.105 Definitions. As used in this part: (a) "Barrel" means that unit of liquid measure equivalent to 42 UB. gallons aft 60* Fahrenheit (b) "Commandant" means the Com mandant of the Coast Guard or his au thorized representative. (c) "Captain of the Port" means a UB. Coast Guard officer commanding a Captain of the Port Area described in Part 3 of this chapter, or his author ized representative or, where there is no Captain of the Port Area, a District Com mander of a Coast Guard District de scribed in Part 3 of this chapter, or his authorized representative. (d) "Discharge" includes but is not limited to. any spilling, leaking, pumping, pouring, emitting, emptying, or dumping. (e) "District Commander" as used in this part, means the officer of the Coast Guard designated by the Commandant to command a Coast Guard District, as described in Part 3 of this chapter or his authorized representative. (f) "Facility'' means either an onshore facility or an offshore facility. (g) "Incompatible products" means products that, when mixed, create a haz ard, such as spontaneous combustion, or energy release or form a product that is hazardous to health. (h) "Officer in Charge, Marine In spection" means a U.S. Coast Guard offi cer commanding a Marine Inspection Zone described in Part 3 of this chapter, or his authorized representative. (i) "Offshore facility" means any fa cility of any kind located in, on, or under any of the navigable waters of the United States other than a vessel or a public vesseL (j) "Oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. For the purposes of this part liq uefied natural gas and liquefied petro leum gas (LNG and LPG) are excluded. (k) "Onshore facility" means any fa cility (including, but not limited to mo tor vehicles and rolling stock) of any kind located in, on, or under any land within the United States other than sub merged land. (l) "Person" includes an individual, firm, corporation, association and a part nership. (m) "Person in charge" means a per son designated as a person in charge of oil transfer operations under 154.710 or S 155.700 of this chapter. (n) "Public vessel" means a vessel owned or bare-boat chartered and op erated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such a vessel Is engaged in commerce. (o) "Tank vessel" means any vessel especially constructed or converted to carry liquid bulk cargo in tanks. <p) "Vessel" means every description of watercraft or other artificial contriv ance used, or capable of being used, as a means of transportation on water, other than a public vesseL . 154.110 Letter of intent. (a) The operator of any facility to which this part applies shall submit a letter of intent to operate a facility or to conduct mobile faculty operations to FEDERAL REGISTER, VOL. 37, NO. 346--THURSDAY, DECEMBER 21, 1972 CCR 000036907 "'t 28254 RULES AND REGULATIONS the Captain of the Port not less than pare and submit with his letter of intent cover a particular condition at the 60 days before the Intended operations to operate an operations manual that facility, _ ... unless a shorter period is allowed by the describes-- Captain of the Port; and, for facilities (1) The means and procedures that 154.320. Operations manual: Amend- operation on January 30, 1973, that the applicant uses to meet the operating .... meat. .... .re intended to be in operation on July 1, rules and equipment requirements pre (a) The Captain of the Fort may re 1974, shall submit a letter of intent to scribed by this part; and quire the facility operator to amend the operate before July 1,1973. (2) The duties and responsibilities of operations manual if he finds that the (b) The letter of intent required by operations personnel in conducting oil operations manual does not meet the paragraph (a) of this section may be in transfer operations under this part. requirements of this part. See 9 154.760 any form but must contain-- (b) In determining whether the man (a). >,, (1) The name, address, and telephone ual meets the requirements of this part, (b) When the Captain of the Port de number of the operator; the Captain of the Port considers the termines" to require an amendment of (2) The name, address, and telephone size, complexity and capacity of the an operations manual he notifies the number of the facility or, in the case of facility. facility operator in writing of a date not a mobile facility, the dispatching office; less than 14 days from the date of the and 154.310 Operations manual: Contents. notice, on or before which the facility (3) Except for mobile facility opera Each operations manual required by operator may submit written informa tions, the geographical location of the { 154.300 must contain-- tion, views, and arguments on the facility with respect to the associated body of navigable waters. The operator of a mobile facility shall advise the Cap tain of the Port of the location of each transfer operation at least 4 hours prior to each operation. (c) The facility operator of any facil ity for which a letter of intent has been submitted, shall immediately advise the Captain of the Port in writing of any changes of information in the letter and shall cancel, in writing, the letter for any facility at which oil transfer operations are no longer conducted. (a) The geographic location of the facility; (b) A physical description of the facil ity including a plan of the facility show ing mooring areas, transfer locations, control stations, and locations of safety equipment; (c) The hours of operation of the facility; (d) The sizes, types, and number of vessels that the facility can transfer oil to or from simultaneously; (e) The grade and trade name of each product transferred at the facility that amendment. After considering all rele vant material presented, the Captain of the Port notifies the facility operator of any amendment required or adopted or he rescinds the notice. The amendment becomes effective not less than 30 days after the facility operator receives the notice unless the facility operator peti tions the Commandment to reconsider the notice, in which case its effective date is stayed pending a decision by the Com mandant. Petitions to the Commandant must be submitted in writing to the Cap,taln of the Port. 154.120 Facility inspections. is incompatible with oil; (c) If the Captain Of the Port finds (a) The facility operator shall allow the Commandant, at any time, to make any inspection and shall perform, upon request, any test to determine compli ance with the Federal Water Pollution Control Act and this part. All required _ teegsting of facility equipment must be inducted by the facility operator in a Wnia(bnn) eTr haeccCepatpatbalein to the Commandant. of the Port records the date, scope, and results of each fa cility Inspection in the facility's inspec tion record required by 1 154.740(e) and lists the deficiencies in the inspection rec ord when the facility is not in compliance with the regulations in this part.. (f) The minimum number of person nel on duty during transfer operations and their duties; (g) The names and telephone num bers of facility. Coast Guard, and other personnel who may be called by the em ployees of the facility in an emergency; (h) The duties and responsibilities of watchmen required by S 155.810 of this chapter and 46 CFR 35.05-15 for un manned vessels moored at the facility; (i) A description of each communica tion system required by this part; (j) The location and facilities of each personnel shelter, if any; (k) A description and instructions for use of drip and discharge collection and that there is a condition requiring im mediate action to prevent the discharge or risk of discharge of oil that makes the procedure in paragraph (a) of this section impracticable or contrary to the public interest, he may issue an amend ment effective, without stay, on the date the facility operator receives notice of it. m such a case, the Captain of the Port includes a brief statement of the reasons for his finding in the notice, and the owner or operator may petition the Dis trict Commander, in any manner, to re consider the amendment. 154.330 Operations manual: Waivers. The Captain of the Port may, by an 154.140 Suspension of oil transfer. vessel slop reception facilities if any; appropriate amendment to the opera operations* (l) A description and the location of tions manual, waive, in whole or in part, The Captain of the Port may issue an order to suspend oil transfer operations to the operator of a facility if he finds that there is a condition requiring imme diate action to prevent the discharge or threat of discharge of oil. (a) An order of suspension may be effective immediately. (b) An order of suspension includes a statement of each condition requiring immediate action to prevent the dis charge of oil. ' (c) The facility operator may peti tion the District Commander In writing, or in any manner when the order Is ef fective immediately, to reconsider the Issuance of the order of suspension. The decision of the District Commander is the final administrative decision. each emergency shutdown system; compliance with any requirement in this (m) Quantity, type, location and in part If-- ' ' ; ' ' structions for use of the containment (a) Application for the waiver is sub equipment required by $ 154.545;' mitted to the Captain of the Port at least (n) The maximum relief valve setting 30 days before operations under the (or maximum system pressure when re waiver are proposed unless a shorter time lief valves are not provided) for each oil Is authorized by the Captain of the Port; transfer system; and (o) Procedures for-- " (b) The Captain of the Port finds that (1) Operating each loading arm in an equivalent level of protection of the cluding the limitations of each loading navigable waters from pollution by oil arm; -1 ` will be provided by the alternative proce (2) Transferring oil; dures, methods, or equipment standards (3) Completion of pumping;' to be used by the applicant. (4) Emergencies; (p) A contingency plan for reporting Subpart C--Equipment and containing oil discharges; and Requirements (q) A brief summary of applicable Federal, State, and local oil pollution, 154.500 Hose assemblies. laws and regulations. - (a) Each hose assembly, consisting of Subpart B--Operation* Manuals (r) A description of the training and a hose that is larger than 3 inches inside qualification program for persons in diameter and couplings, that is manu 154.300 Operations manual i General. charge. factured after June 30,1073, and used for (a) The facility operator of each facil (s) Any other item the Captain of transferring oil, must meet the require ity to which this part applies must pre the Port requires, under i 154.320 to ments of this section. CCR 000036908 FEDERAL REGISTER, VOL. 37, NO. 246--THURSDAY, DECEMBER 21, 1972 RULES AND REGULATIONS 28255 (b) The pressure, which the. manufac turer represents to be the minimum bursting pressure, for each hose assembly must be--- (1) 600 pounds per square inch or more; and (2) At least four times the pressure of the relief valve setting (or four times the maximum pump pressure when no relief valve Is Installed) plus the static head pressure of the oil transfer system at the point where the hose Is installed. (c) The pressure that the manufac turer represents to be the recommended working pressure for each hose assembly must be-- (1) 150 pounds per square Inch or more; and (2) More than the pressure of the re lief valve setting (or the maximum pump pressure when no valve is Installed) plus the static head pressure of the oil trans fer system at the point where the hose is Installed. (d) Each nonmetallic hose must be specified for oil service by its manufac turer. (e) Each hose assembly must have-- (1) Full threaded connections; (2) Flanges that meet standard B16.5, Steel Pipe Flanges and Flanges Fittings, or standard B16.31, Nonferrous Pipe Flanges, of the American National Stand ards institute; or (3) Quick-connect couplings that are acceptable to the Commandant. (f) Except as provided In paragraph (g) of this section, each hose must be marked with-- (1) The products for which the hose may be used or the words "oil service;" (2) Date of manufacture; (3) Burst pressure; (4) Manufacturer's recommended working pressure; (5) Date of the last test required by S 156.170 of this chapter; and (6) The pressure used for that test <g) The Information required by para graph (f) of this section need not be marked on a hose if It Is recorded else where at the facility and the hose Is marked so as to identify it with the in formation In the record. S 154.510 Loading arms. (a) Each mechanical loading arm used for transferring oil and placed Into serv ice after June 30, 1973, must meet the design, fabrication, material. Inspection, and testing requirements In Standard B31.3, Petroleum Refinery piping, of the American National Standards Institute. (b) Each mechanical loading arm used for transferring oil must have a means of being drained or closed before discon necting after transfer of oil. 154.520 Closure devices. The facility must have enough butter fly valves, wafer-type resilient seated valves, blank flanges, or other means ac ceptable to the Captain of the Port to blank off the end of each hose or loading arm that Is disconnected after transfer of oil. 154.530 Small discharge containment. (a) Except as provided In paragraph (d) of this section, the facility must have fixed catchments, curbing, or other fixed means to contain oil discharged in at least-- (1) Each hose handling and loading arm area; and (2) Each hose connection manifold area. (b) "Hose handling and loading arm area" means that area on the facility which, with the loading arm or the hose attached to the faculty discharge piping. Is within the area traversed by the free end of the hose or loading arm when moved from its normal stowed or idle position Into a position for connection to the vessel. (c) The discharge containment means required by paragraph (a) of this section must hold at least-- (1) Three barrels if it serves one or more hoses of 6-Inch inside diameter or smaller or loading arm connections of 6-inch nominal pipe size diameter or smaller; (2) Four barrels If It serves one or more hoses larger than 6-lnch Inside diameter or loading arm connections larger than 6-inch nominal pipe size but less than 12 inches diameter; or (3) Six barrels if it serves.one or more hoses or a 12-inch inside diameter or larger or loading arm connections of 12inch nominal pipe size diameter or larger. (d) The facility may have portable means to meet the requirements of para graph (a) of this section If the Captain of the Port finds that fixed means to con tain discharges are not feasible for part or all of the facility. 154.540 Discharge removal. The facility must have a means to safely and quickly remove discharged oil from the containment means required by S 154.530 without mixing Incompatible products or discharging it into the water. 154.545 Discharge containment equip ment. (a) Each oil transfer facility must have ready access to oil containment ma terial and equipment to contain oil dis charged on the water considering-- (1) Oil handUngrates; (2) Oil capacity susceptible to being spilled; (3) Frequency of facility operations; (4) Tidal and current conditions; (5) Facility age, capability, arrange ment and past experience; and (6) If the equipment Is shared, the expected frequency of use and probability of availability. (b) For the purpose of this section, "access" may be by direct ownership, Joint ownership, cooperative venture, or contractual agreement. $ 154.550 Emergency shutdown. (a) The facility must have. In addi tion to the means of communication re quired by 4154.560, an emergency means to enable the person in charge of the transfer of oil on board the vessel at his usual operating station to stop the flow of oil to the vessel. This means must be an electrical, pneumatic, or mechanical linkage to the shore facility or a con tinuous dedicated communications sys tem manned by a person ashore who can stop the flow of oil in an emergency. (b) The point In the oil transfer sys tem at which the emergency means stops the flow of oil must be located on the facility near the loading arm or transfer hose connection point so as to minimize the loss of oil In the event of hose rupture or loading arm failure. 154.560 Communications. (a) Each facility must have a means that enables two-way voice communica tion between the person In charge of the transfer operation on board the vessel and the person in charge of the facility transfer operation. (b) Each facility must have a means, which may be the communications sys tem Itself, that enables a person on board a vessel or on the facility to effectively indicate his desire to use the means of communication required by paragraph (a) of this section. 154.570 Lighting. (a) For opertaions between sunset and sunrise, the facility must have fixed lighting that illuminates-- (1) Each transfer connection point on the facility with an average minimum lighting intensity of 5-foot candles; (2) Each oil transfer operations work area on the facility with an average min imum lighting intensity of 1-foot candle; (3) Each transfer connection point in use on any barge moored at the facility, to or from which oil Is being transferred, with an average minimum lighting in tensity of 5-foot candles; and (4) Each oil transfer operations work area on any barge moored at the fa cility, to or from which oil Is being trans ferred, with an average minimum light ing Intensity of 1 foot candle. (b) The lighting Intensity must be measured on a horizontal plane 3 feet above the barge deck or walking surface. (c) For small or remote facilities, the Captain of the Port may authorize op erations with an equivalent Intensity of lighting provided by the vessel or by portable means. Subpart D--Facility Operations 154.700 General. No person may operate a facility to which this part applies unless the equip ment, personnel, and operating proce dures of that facility meet the require ments of this part. 154.710 Persons., in charge; designa tion and qualification. No person may serve, and the facility operator may not use the services of a person, as person in charge of facility oil transfer operations unless-- (a) The facility operator has desig nated that person as a person in charge and has advised the Captain of the Port in writing of his designation; FEDERAL REGISTER, VOL 37, NO. 24E--THURSDAY, DECEMBER 21, 1972 CCR 000036909 ) 28256 RULES AND REGULATIONS (b) He has had at least 48 hours of ex perience In oil transfer operations at a facility in operations ta which this part applies; 1(c) He has enough experience at the lillty for which qualification Is desired enable the facility operator to deter mine that his experience Is adequate and that he can operate the oil transfer equipment of the facility, except that, for new facilities, the Captain of the Port may authorize alternative experi ence requirements; and (d) The facility operator has deter mined that he knows-- (i) The hazards of each product to be transferred; (li) The rules in this part and in Part 156 of this chapter; (lii) The facility operating procedures as described in the operations manual; (iv) Vessel oil transfer systems, in general; (v) Vessel oil transfer control systems, in general; (vl) Each facility oil transfer control system to be used; (vii) Local discharge reporting pro cedures; and (viii) The facility's contingency plan for discharge reporting and containment. 154.730 Person in charge: Evidence of designation- Each person in charge shall carry evi dence of his designation as a person in charge when he is engaged in transfer operations unless such evidence is Im mediately available at the facility. 154.740 Records. EC.1ach facility operator shall keep at the plllty and make available for inspection he Captain of the Port-- _ a) A copy of the letter of intent for the facility; (b) The name of each person cur rently designated as a person in charge of oil transfer operations; (c) The date and result of the most re cent test or Inspection of each item tested or inspected under 156.70 of this chapter; (d)The hose information required by | 154.500(f) unless that information is marked on the hose; and (e) The record of each inspection of the facility by the Captain of the Port. 154.750 Compliance with operations manual. The facility operator shall use and re quire its personnel to use the procedures in the operations manual prescribed by 5 154.300 for operations under this part, 154.760 Operations manual: Changes. (a)Each facility operator shall keep the operations manual current so that at all times it meets the requirements in IS 154.300 and 154.310. (b) The facility operator shall provide a copy of each change to the operations manual to the Captain of the Port be fore transferring oil In operations to which this part applies. 154.770 Operations manual; Avail ability. Each facility operator shall keep an operations manual at the facility and shall make it readily available to the operating personnel, vessel personnel and, upon request, to the Captain of the Port. 154.780 Compliance with suspension order. No facility operator to whom an order of suspension has been issued under 1 154.140 may conduct oil transfer opera tions until that order is withdrawn by the Captain of the Port or the District Commander. PART 155--VESSEL DESIGN AND OPERATIONS Sec. 155.100 155.105 155.110 156.130 Subpart A--General. Applicability. Definitions. Waivers. Suspension of operations. Subpart B--'Vessel Design and Equipment 155.310 Cargo oil discharge containment. 155.320 Fuel oil discharge containment. 155.330 Oily waste and slop retention. 155.340 Bilge slops on vessels of 100 or more gross tons: Ocean or Coastwise service. 155.350 Bilge slops on vessels of 100 or more gross tons; operations other than ocean or coastwise service. 155.360 Bilge slops on vessels of less than 100 gross tons. 155.370 Ballast discharge: Vessels of 100 or more gross tons: Ocean or coast wise service. 155.380 Ballast discharge; Vessels of 100 or more gross tons: Operations than ocean or coastwise service. 155.390 Ballast discharge: Vessels of less than 100 gross tons. 155.400 Exception for all vessels; Oily waste processing equipment. 155.410 Exception for tank vessels: Oily waste transfer equipment. 155.440 Placard. 155.470 Prohibited oil spaces. 155.480 Inspection of valves. Subpart C--Oil Transfer Personnel, Procedures, Equipment, and Records 155,700 156.710 155.720 155.730 155.740 156.750 165.760 155.770 155.780 165.790 156.800 155.810 165.820 Designation of person In charge. Qualifications of person In charge. OU transfer procedures. Compliance with oil transfer pro cedures. Posting of oil transfer procedures. Contents of oil transfer procedures. Amendment of oil transfer proce dures. Machinery oil drains: TJB. vessels. Emergency shutdown. Deck lighting. Oil transfer hose. Tank vessel security. Records. Appendix A--Specifications for Shore con nection. Authority : The provisions of this Fart 155 Issued under section 811(j) (1) (C) and (D) of the Federal Water PoUution Control Act (86 Stat. 816, 868): 33 TJB.C. 1161 (J) (1) (O) and (D); E.0.11548.3 CFR, 1986-1970 COMP, p. 949; 49 CFR 1.46(m). - Subpart A--General 155.100 'Applicability. This pail: prescribes rules that apply to the operation of vessels on the naviga ble waters and contiguous zone of the United States for the purpose of pre venting the discharge of oil into or upon the navigable waters or contiguous zone of the United States after June 30, 1974. UJS. vessels must meet the vessel design and equipment requirements in this part to be eligible for the issuance of a Cer tificate of Inspection under 46 CFR Ch. I, 155.105 Definitions. (a) "Barrel''means that unit of liquid measure equivalent to 42 U.S. gallons at 60 Fahrenheit. (b) "Commandant" means the Com mandant of the UJS. Coast Guard or his authorized representative. (c) "Captain of the Port" means a U.S. Coast Guard officer commanding a Captain of the Port area described in Part 3 of this chapter or his authorized representative or, where there is no Cap tain of the Port area, a District Com mander of a Coast Guard District de scribed in Part 3 of this chapter or his authorized representative. (d) "Contiguous zone" means the en tire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contigu ous Zone.. ,Ht , (e) "Discharge" includes, but is not limited to. any spilling, leaking, pump ing, pouring, emitting, emptying, or dumping. ,, ( ^ (f> "District Commander" as used In this part means the officer of the Coast Guard designated by the Commandant to command a Coast Guard district as described in Part 3, of this chapter or his authorized representative.1: ? (g) "Facility" means either an onshore facility or an offshore facility. (h) "Incompatible products" means products that,`when mixed, create a hazard such as spontaneous combustion or energy release or form a product that is hazardous to hMhv;V (1) "Officer in Charge, Marine Inspec tion" means a UJ3. Coast Guard officer commanding a Marine inspection zone described In Part 3 of this chapter or his authorized representative!: - (j) "Offshorefacility" means any facil ity of any kina located in, on, or under any of the navigable waters of the United States other, than a vessel or a public (k) "Oil" mearu( oil of any kind or in any form, including, but not limited to, petroleum. fuel oil'sludg^, oil refuse, and oil TniYftd with wastes other than dredged spoil. For the purpose of this part lique fied natural gas ariefliquefied petroleum gas (LNG and LPG) are excluded. . (l) "Onshore facility" means any fa cility (including, but not limited to motor vehicles and rolling stock) of any kind located in, on, or under any land within the United States other than submerged land!.; ! ..... CCR 0000369X0N FEDERAL REGISTER, VOL 37, NO. 246--THURSDAY, DECEMBER 21, 4972 )*. -,'v RULES AND REGULATIONS 28257 (ml "Person" includes an Individual, firm corporation, association, and a partnership. (n) "Person in Charge" means an in dividual designated as a person in charge of oil transfer operations under S 154.710 or 155.700 of this chapter. (o) "Public vessel" means a vessel owned or bare-boat chartered and oper ated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such a vessel is engaged in commerce. (p) "Tank vessel" means any vessel es pecially constructed or converted to carry liquid bulk cargo in tanks. (q) "Tank barge" means any tank ves sel not equipped with a means of self propulsion. (r) "U.S. vessel" means a vessel that is owned, documented, or registered in the United States and that is not a public vessel. <s) "Vessel" means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel. 155.110 Waivers. The Commandant may waive, in whole or in part, compliance with any require ment in this part if-- (a) Application for the waiver is sub mitted to the Captain of the Port or Officer in Charge, Marine Inspection, 30 days before operations under the waiver are proposed unless a shorter time is au thorized by the Captain of the Port or Officer in Charge, Marine Inspection; and (b) The Commandant finds that an equivalent level of protection of the navi gable waters or contiguous zone from pol lution by oil will be provided by the al ternative procedures, methods, or equip ment standards to be used by the vessel operator. 155.130 Suspension of operations. The Captain of the Port or Officer in Charge, Marine Inspection may issue an order to suspend oil transfer operations to the operator of the vessel when he finds there is a condition requiring Immediate action to prevent the discharge or threat of discharge of oil. (a) An order of suspension may be effective immediately. (b) An order of suspension Includes a statement of each condition requiring immediate action to prevent the dis charge of oil. (c) The vessel operator may petition the District Commander in writing, or in any manner when the order is effective immediately, to reconsider the Issuance of the order Of suspension. The decision of the District Commander is the final administrative decision. Subpart B--Vessel Design and Equipment 155.310 Cargo oil discharge contain ment. (a) No person may operate a tank vessel carrying oil that has a capacity for 250 or more barrels of cargo oil un less it has-- (1) Fixed containers or enclosed deck areas that meet the requirements of this section tinder or around each oil loading manifold and each oil transfer connec tion area; and (2) A means of draining or removing discharged oil from each container or en closed deck area without mixing incom patible products or discharging it into the water. (b) Each drain and scupper in an en closed deck area required by this section must have a mechanical means of closing. (c) Each fixed container or enclosed deck area must hold, in all conditions of vessel list or trim to be encountered dur ing the loading operation, at least-- (1) Three barrels if it serves one or more hoses of 6-inch inside diameter or smaller or loading arms of 6-inch nomi nal pipe size diameter or smaller; (2) Four barrels if it serves one or more hoses larger than 6-inch inside diameter or loading arms larger than 6-inch nominal pipe size diameter, but less than 12-inch diameter; or (3) Six barrels if it serves one or more hoses of 12-inch inside diameter or larger or loading arms of 12-lnch nominal pipe size diameter or larger. 155.320 Fuel oil discharge contain- ment. No person may transfer oil for fuel to a vessel of 100 or more gross tons unless-- (a) For vessels constructed after June 30, 1974, it has a fixed container or enclosed deck area of at least two barrels capacity under or around each fuel tank vent, overflow, and fill pipe; (b) For vessels constructed before July 1, 1974, it-- (1) Complies with paragraph (a) of this section: or (2) Each fuel tank vent, overflow, and fill pipe is located where a portable con tainer that is at least 18 Inches deep and has at least a 5 U.S. gallon capacity can be placed under it; or (3> It is a flush deck fill fitting and is being serviced by an automatic back pressure shutoff nozzle. 155.330 Oily waste and slop retention. (a) No person may operate a vessel of 100 or more gross tons unless it has capacity to retain on board all oily waste and oily bilge slops that may accumulate while operating in the navigable waters or contiguous zone. (b) No person may use a tank for oily bilge slops or oily waste on UJ3. vessels certificated under 46 CFR Ch. I unless the tank meets the requirements of 46 CFR 56.50-50 (h) for isolation be tween oil and bilge systems. 155.340 Bilge slops on vessels of 100 or more gross tons: Ocean or coast wise service. No person may operate a U.S. vessel of 100 or more gross tons certificated under 46 CFR Ch. I for Ocean or coast wise service, or a foreign vessel of 100 or morfe gross tons, that Is fitted with either main or auxiliary machinery spaces, unless-- (a) The vessel has at least one pump installed to discharge oily bilge slops through a fixed piping system; (b) The piping system required by this section has at least one outlet-- Q) For vessels of 1,600 or more gross tons, on each side of the weather deck; or (2) For vessels of less than 1,600 gross tons, accessible from the weather deck; (c) Each outlet required by this sec tion has a shore connection that meets the specifications in Appendix A of this part or the vessel has at least one port able adapter that meets the specifica tions in Appendix A of this part and fits the required outlets; (d> The vessel has a means on the weather deck near the discharge outlet to stop each pump that is used to dis charge oily waste; and (e) The vessel has a stop valve in stalled for each outlet required by this section. g 155.350 Bilge slops on vessels of 100 or more gross tons: Operations other than ocean or coastwise service. No person may operate a vessel of 100 or more gross tons that is fitted with either main or auxiliary machinery spaces and is not subject to 155.340, unless-- (a) The vessel has at least one pump installed to discharge oily bilge slops through a fixed piping system; (b) The piping system required by this section has at least one outlet that is accessible from the weather deck; (c) Each outlet required by this sec tion has a shore connection that meets the specifications in Appendix A of this part or that meets standard B16.5, Steel Pipe Franges and Flanged Fittings, or B16.31, Nonferrous Pipe Flanges, of the American National Standards Insti tute for a 4-inch standard flange; and (d) The vessel has a stop valve in stalled for each outlet required by this section. 155.360 Bilge slops on vessels less than 100 gross tons. No person may operate a vessel of less than 100 gross tons unless it has a fixed or portable means to discharge oily bilge slops to a reception facility. 155.370 Ballast discharge: Vessels of 100 or more gross tons: Ocean or coastwise service. No person may operate a U.S. vessel of 100 or more gross tons that is certifi cated under 46 CFR Ch. I for ocean or coastwise service, or a foreign vessel of 100 or more gross tons, that ballasts fuel tanks or has combined fuel and ballast tanks unless-- (a) The vessel has at least one pump installed to discharge ballast through a fixed piping system; (b) The piping system required by this section has at least one outlet-- (1) For vessels of 1,600 or more gross tons, on each side of the weather deck; or (2) For vessels of less than 1,600 gross tons, accessible from the weather deck; No. 246--Pt. Q------ 2 FEDERAL REGISTER, VOL 37, NO. 246--THURSDAY, DECEMBER 21, 1972 CCR 000036911 28258 RULES AND REGULATIONS (c) Each outlet required by this sec tion has a shore connection that meets the specifications in Appendix A of this part, or the vessel has at least one port able adapter that meets the specifica tions In Appendix A of this part and fits the required outlets; (d) The vessel has a means near the discharge piping on the weather deck to stop each pump that is used to discharge oily ballast; and (e) The vessel has a stop valve in stalled for each outlet required by this section. . ' 155.380 Ballast discharge: Vessels of 100 or more gross tons: Operations other than ocean or coastwise service. No person may operate a vessel of 100 or more gross tons that is not subject to 155.370 and ballast fuel tanks or has combined fuel and ballast tanks unless-- (a) The vessel has at least one pump installed to discharge all oily ballast through a fixed piping system; (b) The piping system required by this section has at least one outlet that is accessible from the weather deck; (c) Each outlet required by this sec tion has a shore connection that meets the specifications in Appendix A of this part or the vessel has at least one porta ble adapter that meets the specifications in Appendix A of this part and fits the required outlets; and (d) The vessel has a stop valve in stalled for each outlet required by this section, discoloration of, the surface of the water, or causes a sludge or emulsion beneath the sur face of the water. Violators are subject to a penalty of 45,000. 155.470 Prohibited oil spaces. (a) Except as provided in paragraph (b) of this section, no person may oper ate a self-propelled vessel carrying bulk oil or oily waste in any space forward of a collision bulkhead. (b) Fuel for use on the vessel may be carried in independent tanks in a space forward of a collision bulkhead If such a tank is at least 24 inches inboard of the hull structure or is aft of the forward quarter length of the vessel. 155,480 Inspection of valves. No person may operate any U.S. ves sel that has a certificate of inspection issued under 46 CFR Ch. I unless each of the following valves has been opened, Inspected, and found to function properly by the owner or operator of the vessel, or his representative, at, or since, the last drydocking or hauling out of the vessel required by 46 CFR Ch. I; (a) Bilge emergency suction valves. (b) Ballast sea suction valves, except in lines to oil-free tanks. (c) Bilge overboard discharge valves, (d) Ballast overboard discharge valves, except In lines to oil-free tanks. (e) Valves used to separate clean bal last from oil or oily ballast, (f) Valves used to isolate oil or oily ballast from the sea. the Federal water pollution laws and regulations that apply to the vessel. , (5) For foreign vessels of the same size and type as those specified in subpara graphs (1), (2), and (3) of this para graph, he holds a license or certificate authorizing service on that vessel as a master, mate, idiot, engineer, or operator. 155.720 Oil traniifer procedures. No person may operate a vessel that has a capacity for 250 or more barrels of oil that is transferring oil unless that vessel has oil transfer procedures that meet the requirements of this part. 155.730 Compliance with oil transfer procedures. The operator of each vessel required by $ 155.720 to have oil transfer proce dures shall maintain them current and shall use and require its personnel to use the oil transfer procedures for each oil transfer operation. 155.740 Posting of oil transfer proce dures. The oil transfer procedures required by i 155.720 must be-- (a) Legibly printed in a language un derstood by the crew; and (b> Permanently posted or available at the fueling station or cargo control station or a place where the procedures can be easily seen and used by those members of the crew who engage in oil transfer operations. 155.390 Ballast discharge: Vessels of less than 100 gross tons. Subpart C--Oil Transfer Personnel Procedures, Equipment, and Records 155.750 Contents of oil transfer pro cedures. No person may operate a vessel of less than 100 gross tons that ballasts fuel oil tanks unless It has a fixed or portable means to discharge oily ballast to a re ception facility. 155.400 Exception for all vessels: Oily waste processing equipment. Section 155840 through 155.390 do not apply to a vessel that has a means ac ceptable to the Commandant to process oily bilge slops or oily ballast. 155.410 Exception for tank vessels: Oily waste transfer equipment. Sections 155.340 through 155.390 do not apply to tank vessels that have a means of transferring oily bilge slops or oily ballast to a cargo tank used for slops. On tTJS. vessds, this means must meet the bilge and oil system isolation re quirements in 46 CFR 56.50-50(b). 155.440 Placard. No person may operate a vessel, except a foreign vessel or a vessel less than 26 feet in length, unless It has a placard at least 5 by 8 inches, made of durahle ma terial, fixed in a conspicuous place in the machinery spaces, or at the bilge and ballast pump control station, stating the following: DiflCiniiaK or On. Pbobxhusd The Federal Water Pollution Control Act prohibits the discharge of oil or oily waste into or upon the navigable waters and con tiguous moe of the United States If mush discharge causes a film or sheen upon, or 155.700 Designation of person in charge. The operator, or his agent, of each vessel that has a capacity for 250 or more barrels of oil shall designate the person or persons in charge of each transfer of oil to or from the vessel and of each tank cleaning operation. 155.710 Qualifications of person in charge. (a) No person may serve, and the op erator of a vessel may not use the serv ices of a person, as a person in charge of the transfer of oil to or from a vessel or of tank cleaning operations unless-- (1) For oil transfer operations on self-propelled tank vessels, he holds a valid license authorizing service on In spected vessels as a master, mate, pilot, or engineer, except that the person In charge of tank cleaning operations con ducted at a tank cleaning facility may be a tankerman certificated for the grade of cargo last carried; or (2) For tank barges, he holds a valid license authorizing service an inspected vessels as a master, mate, engineer, or is a tankerman certificated for the grade of cargo carried; or f (3) For vessels other than tank vessels that are required by 46 CFR Ch. I to have a licensed officer on board, he holds a valid license as a master, mate, pilot, engineer, or operator; or (4) For all uninspected vessels of 100 or more gross tons, he has been In structed by the operator in his duties and The oil transfer procedures required by S 155.720 must contain--(a) if the vessel carries Incompatible products, a list of the products to which the oil transfer procedures apply; (b) A description of each oil transfer system Installed on the vessel including-- (1) A line diagram of the vessel's oil transfer piping including the location of each valve, pump, control device, vent, and overflow; and (2) The location of the shutoij valve or other Isolation device that separates any bilge or ballast system from the oil transfer system. (c) The number of persons required to be on duty during oil transfer opera tions; (d) The duties by title of each officer, person In charge, tankerman, deckhand, and any other person required for each oil transfer operation; (e) Procedures and duty assignments for tending the vessel's moorings during the transfer of oil; (f) procedures for operating the emer gency shutdown means required by S 155.780; (g) Any special procedures for topping oft tanks; -- (h) Procedures for Insuring that all valves used during' the oil transfer opera tions are closed upon completion of - transfer; 1 (l) A description of the deck dis charge containment system; \^ (J) The procedures for emptying the $gck discharge containment system; and - CCR 000036912^1 FEDERAL REGISTER, VOL. 37, NO. 245--THURSDAY, DECEMBER21, T972 RULES AND REGULATIONS 28259 <k> Procedures lor reporting oil dis (c) The emergency means must be Appendix A--Continued charges on the water, operable from the cargo deck, cargo con I1U.760 Amendment of oil transfer ' procedures. (a) The Captain of the Port or Officer 0 Charge, Marine Inspection may reflUlr* the operator of any vessel that Is trol room, or the usual operating station of the person In charge of the transfer of oil. 155.790 Deck lighting. (a) No person may operate a self-pro Item Description Dimension ' 8 Flange tMokneas____ . 20 uim, 04. in*). 6 Bolts and nuts____-- 6, each of 20 mm. 04 In-) In diameter and of suitable length. rsqulred to have oil transfer procedures pelled vessel that has a capacity for 250 0 amend those procedures If, after in*P*Ctlon, he fouls that the mi transfer or more barrels of oil that is transferring oil to or from the vessel between sunset The flange shall be of sted having a flat taco, with a gasket at oilproof material, and both shall be suitable lor a service pressure of 6 kg./cm.* (86 P-S.fi). Procedures are not adequate to meet the requirements of Part 156 of this chapter. and sunrise unless that self-propelled vessel has installed deck lighting that The steel materials used shall meet the material specifi cations of standard BlflA, Bteel Pipe Flanges and Flanged Fittings of the American National Standards 1 155,730. Illuminates-- Institute (ANSI). ________ <b> When the Captain of the Port or (1) Each oil transfer connection point Officer fo charge, Marine Inspection de termines to require an amendment of an Oil transfer procedure, he notifies the Operator, In writing, of a date not less than 14 days from the date of the notice In use with an average minimum lighting Intensity of 5 foot-candles; and (2) Each oil transfer operations work area with an average minimum lighting intensity of 1 foot-candle. PART 156--OIL TRANSFER OPERATIONS S&C 166.100 Applicability. 166.106 Definitions. h or before which the operator may sub- (b) The lighting Intensity must be 166.107 Waivers. hilt Written Information, views, and ar measured on a horizontal plane 3 feet 166.110 Person In charge: Limitations. guments on the amendment. After con sidering all relevant material presented, Jh* Captain of the Port or Officer In Charge, Marine Inspection notifies the operator of any amendment required or hi* decision to rescind the notice. The amendment becomes effective not less than 80 days after the operator receives Uie notice, unless the operator petitions above the deck or walking surface. 155.800 Oil transfer hose. No person operating any vessel may use, and no person may operate a US. vessel that carries an oil transfer hose that is larger than 3 Inches inside di ameter unless It meets the requirements of 154.500 of this chapter. 166.120 166.130 166.160 166.160 166.170 Requirements lor oil transfer. Connections. Declaration of inspection. Supervision by person In charge. Equipment tests and inspections. Authority : The provisions of this Part 166 Issued under section 311(j) (1) (C) and (D) of the Federal Water Pollution Control Act (86 Stat. 816. 868); 83 U.S.C. 1161(j)(l) (C) and (D); E.O. 11648. 3 CFR, 1966-1970 the Commandant to reconsider the no th1*. *in4 which case Its effective date Is 155.810 Tank vessel security. Comp., p. 949; 49 CFR 1.48(in). stayed pending a decision by the Com The owner or operator or person hav 156.100 Applicability. mandant. Petitions to the Commandant ing custody of each tank vessel that con This part applies to the transfer of must be submitted In writing to the Cap- tains more oil than the normal cllngage oil to or from any vessel with a capacity tjtlh of the Port or Officer in Charge, Ma- and unpumpable bilge or sump residues of 250 or more barrels for that oil on Inspection who Issued the require- In any cargo tank shall maintain sur the navigable waters or contiguous zone mht to amend. veillance of that vessel by a person who of the United States, except the trans lO) If the Captain of the Port or Offl- Is responsible for the security of the fer of-- .m Charge, Marine Inspection finds vessel and for keeping unauthorized per (a) Lubricating oil for use on board ni ii "lere I a condition requiring im- sons off the vessel. . the vessel; and mMlate action to prevent the discharge discharge of oil that makes "'Procedure in paragraph (b) of this Jwwptv Impractical or contrary to the PUWto Interest, he may Issue an amend 155.820 Records. The owner or operator of each vessel subject to the following referenced regu lations shall keep a written record avail (b) Non-petroleum-based oil that Is transferred to or from a vessel other than a tank vessel. 156.105 Definitions. ment effective, without stay, on the date able for Inspection by the Commandant As used In this part; he Operator receives notice of it. In of (a) "Barrel" means that unit of liquid judft * oase, the Captain of the Port or fal The name of each person currently measure equivalent to 42 U.S. gallons at rfJJJJW In Charge, Marine Inspection ln- designated as a person in charge of oil 60" F. rm"ee a brief statement of the reasons transfer operations as required by (b) "Captain of the Port" means a . ffdlng In the notice, and the {155.700; U3. Coast Guard officer commanding a rPWatwr may petition the District Com mander, In any manner, to reconsider the muandment. I IM.TT0 Machinery o3 drains t U.S. Wmb. Person may drain the sumps of oil m.WPated machinery or the contents of rj* Brora, strainers, or purifiers Into the mt* nf liny Ujs. vessel, ' <b> The date and result of the most recent test or Inspection of each item tested or Inspected as required by S 156.170 of this chapter; (c) The hose Information required by {154.500(f) of this chapter unless that information Is marked on the hose; and <d> The date and location of each valve inspection required by $ 155.480. Captain of the Port area described In Part 3 of this chapter or his authorized representative or, where there Is no Cap tain of the Port area, a District Com mander of a Coast Guard district de scribed in Part 3 of this chapter or his authorized representative. (c) "District Commander" as used In this part means the officer of the Coast Guard designated by the Commandant I WSitIO Emergency shutdown. . Anunnz A to command a Coast Guard District as Wo person may operate a tank vescarrying oil that has a capacity for BfECinGAtlOKg FOR SHORE CONNECTION [8m ii WO, WO, 8JD, and 880 of this part] more barrels of cargo oil unless !!**** board an emergency means to Itan Description THTnniMdfm . w# person In charge of the transto stop the flow df oil to the w other vesseL emergency means must be a control or a quick-acting, power . 1 Outside 215 mm. (8)4 taj; 3 Inxldo diameter______According to tripe outside diameter. t Bolt ditto dtamata 183 mm. (7ff* in.). 4 Slots In flange...tholes 22mm. (Kin.) in . diameter shall ho Valve. If an emergency pump * used, it must stop the flow of r!***U could siphon through the "mped Pump. 1' * . /j. . ?toltdrolool^e,^*l,> above diameta, dotted to the flange periphery. The dot width tombe 22 nun. (K in.). described In Part 3 of this chapter or his authorized representative. td) "Facility" means either an onshore facility or an offshore facility. <e) "Offshore facility" means any fa cility of any kind located in, on, or under any of the navigable waters of the United States other than a vessel or a public (f) "oil" means oil of any kind or In any form Including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and . oil mixed with wastes other than dredged vfipoll. por the purpose of this part lique- FEDERAL REGISTER, VOL 37, N . 246--THURSDAY, DECEMBER 21, 1972 '(It* ' CCR 000036913 28260 RULES AND REGULATIONS fled petroleum gas (LNG and LFG) are necessary to allow the flow of oil is lined transfer operations on the receiving ves excluded. up for the transfer; sel or facility agree to begin the transfer <g) "Onshore facility" means any fa <e) Each part of the transfer system operation; cility (including, but not limited to motor not necessary for the transfer operation (S) Each person in charge required by es and rolling stock) of any kind is securely blanked or shut off; this part is present; d in, on, or under any land within cited States other than submerged land. (h) "Person in charge" means a per son designated as a person in charge of (f) The transfer system is connected to a fixed piping system on the receiving vessel or facility except that when re ceiving fuel for the vessel an automatic back pressure shutoff nozzle may be (t) Between sunset and sunrise the lighting required by IS 154.570 and 155.790 of this chapter is provided; and (u) For vessel to vessel transfer opera tions involving a tank barge between sun oil transfer operations under % 154.710 or used; set and sunrise, lighting of the intensity $ 155.700 of this chapter. (g) Except when used to receive or dis specified In 1155.790 of this chapter is (i) "Public vessel" means a vessel owned or bare-boat chartered and oper ated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such a vessel is engaged in commerce. (j) "Tank vessel" means any vessel es pecially constructed or converted to carry liquid bulk cargo in tanks. (k) "Tank barge" means any tank vessel not equipped with a means of self propulsion. (1) "Vessel" means every description of watercraft, or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel. 156.107 Waivers. The Captain of the Port may waive, in whole or in part, compliance with any requirement in this part if-- (a) Application for the waiver is sub mitted to the Captain of the Port 30 days before operations under the waiver are proposed unless a shorter time is authorized by the Captain of the Port; and (b) The Captain of the Port finds that an equivalent level of protection of the n^igable waters and contiguous zone pollution by oil will be provided by {HHltemative procedures, methods of equipment standards to be used. charge ballast, each overboard discharge or sea suction valve that is connected to the vessel's oil transfer, ballast, or cargo tank systems is sealed, lashed, or locked in the closed position; (h) Each oil transfer hose has no loose covers, kinks, bulges, soft spots, and no gouges, cuts, or slashes that penetrate the hose reinforcement; - (i) Each coupling meets the require ment of S 156.130; (j) The discharge containment re quired by IS 154.530, 155.310, and 155.320 of this chapter, as appropriate, is in place; (k) Each scupper or drain in a dis charge containment system is closed; (l) Any continuing loss of oil from any transfer component is at a rate that will not exceed the capacity of the contain ment system; (m) The communications required by I 154.560 of this chapter are operable for the transfer operation; - . (n) The emergency means of shutdown required by || 154.550 and 155.780 of this chapter, as appropriate, is in position and operable; (o) The designated personnel are on duty to conduct the transfer operations in accordance with the facility operations manual and vessel oil transfer procedures that apply to the transfer operation; (p) At least one person is present who provided on the barge. g 156.130 Connections. (a) Each person who makes a connec tion for oil transfer operations shall-- (1) Use suitable material in joints and couplings to make a tight seal; (2) Use a bolt in at least every other hole and in no case less than four bolts in each temporary connection utilizing an American National Standards In stitute (ANSI) standard flange coupling; (3) Use a bolt in each hole of couplings other than ANSI standard flange couplings; (4) Use a bolt in each hole of each per manently connected flange coupling; (5) Use bolts of the same size in each bolted coupling; and (6) Tighten each bolt and nut uni formly to distribute the load. (b) No person who makes a connec tion for oil transfer operations may use any bolt that shows signs of strain or is elongated or deteriorated. (c) No person may use a connection for oil transfer operations unless it is-- (1) A bolted or full threaded connec tion; or (2) A quick-connect coupling ap proved by the Commandant; or (3) An automatic back pressure shut off nozzle used to fuel the vessel. 156.150 Declaration of inspection. $ 156.110 Person in charge: Limitations. fluently speaks the language spoken by (a) No person may transfer oil to or (a) No person may serve as the person in charge of oil transfer operations on more than one vessel at a time unless-- (1) The vessels are immediately adja cent; (2) There is a ready means of access between vessels; and (3) The person in charge is not also the person in charge of the facility. each person in charge; (q) The person in charge of oil trans fer operations on the transferring vessel or facility and the person in charge of oil transfer operations on the receiving ves sel or facility have held a conference, to assure that each person In charge under stands the following details of the trans fer operations-- (b) No person may serve as the person (1) The identity of the product to be in charge of both the vessel and the facil transferred. ity during oil transfer operations except (2) The sequence of transfer opera when the Captain of the Port authorizes tions. such procedure. C3) The transfer rate. 156.120 Requirements for oil transfer. No person may transfer oil to or from a vessel unless-- (a) The vessel's moorings are strong enough to hold in all expected conditions of surge, current, and weather and are long enough to allow adjustment for changes in draft, drift, and tide during the transfer operation; (b) Oil transfer hoses or loading arms are long enough to allow the vessel to move to the limits of its moorings with (4) The name or title and location of each person participating in the trans fer operation. (5) Particulars of the transferring and receiving systems. (6) Critical stages of the transfer operation. (7). Federal, State, and local rules that apply to the transfer of oil. (8) Emergency procedures. (9) Discharge containment proce dures. (10) Discharge reporting procedures. out placing strain on the hose, loading (11) Watch or shift arrangement. arm, or transfer piping system; (12) Transfer shutdown procedures. from a vessel unless each 'person in charge, designated under || 154.710 and 155.700 of this Chapter, has signed the declaration of inspection form prescribed in paragraph (c) of this section. <h) No person in Charge may sign the declaration of inspection rmless he or the other person in charge has determined by inspection that the facility and vessel meets the requirements in S 156.120. (c) The declaration of inspection re quired to be signed In paragraph (a) of this section may be in any form but must contain at least-- (1) The name or other identification of the transferring vessel or facility and the receiving vessel or facility; (2) The address of the facility or loca tion of the transfer operation if not at a facility; (3) The date the transfer operation is started; ' (4) A list of the requirements in $ 156.120 of this chapter with spaces on the form following each requirement for the person in charge of the vessel or facility to Indicate whether the require ment is met for the transfer operation; and , '.'!; (5) A space for the date, time of sign (c) Each hose is supported in a man (r) The person in charge of oil trans ing, signature, and titie of each person ner that prevents strain on its coupling; fer operations on the transferring vessel in charge during oil transfer operations Each part of the transfer system or facility and the person in charge of oil on the transferring vessel or facility and FEDERAL REGISTER, VOL. 37, NO. 246--THURSDAY, DECEMBER 21, 1972 00003&914 ccR RULES AND REGULATIONS 28261 a space for the date, time of signing, sig nature, and title of each person in charge during the oil transfer operations on the receiving facility or vessel (d) The form for the declaration of inspection requited in paragraph (a) of this section may incorporate the declaration-of-inspection requirements of 46 CFR 35.35-30. (e) The operator of each facility shall retain for at least 1 month from the date of signature, a signed copy of each decla ration of inspection required for that facility. (f) -The operator of each vessel en gaged in vessel-to-vessel transfers shall retain for at least 1 month from the date of signature a signed copy of each declaration of inspection for such ves sel-to-vessel transfers. g 156.160 Supervision by person in charge. (4) Each loading arm and each oil transfer piping system, including each metallic hose, must not leak under static liquid pressure at least as great as the pressur of the relief valve setting (or maximum pump pressure when no relief valve is installed) plus any static head pressure in the system; and (5) Each Item of remote operating or indicating equipment, such as a remote ly operated valve, tank level alarm, or emergency shutdown device, must per form its intended function. (d) No person may use any hose in underwater service for oil transfer op erations unless the operator of the ves sel or facility has tested and inspected It biennially in accordance with para graph (c)(1) or (c)(4) of this section, as applicable. Effective date. These amendments shall become effective on July 1, 1974, except 1154.110 shall become effective on Janu tional knowledge of oil pollution and of laws, regulations, and procedures to pre vent oil pollution; to require pollution prevention equipment for vessel certifi cation; and to require more frequent hull Inspection (drydocking) of tank barges in fresh water service. A notice of proposed rule making (COFR 71-161) with respect to these regulations was published in December 24, 1971, issue of the Federal Register (36 FJt. 24970). Subsequent thereto the Ports and Waterways Safety Act of 1972 (Public Law 92-340) was enacted and which requires regulations to be promul gated by the Coast Guard governing ship design and operation to prevent pollu tion from marine operations. It is em phasized that the regulations promul gated herein are not those required by the Ports and Waterways Safety Act but are issued under the Federal Water Pol lution Control Act (86 Stat. 816; 33 (a) No person may connect, top off, disconnect, or engage in any other criti cal oil transfer operation unless the per son in charge, designated under { 154.710 or 155.700 of this chapter, personally supervises the operation. (b) No person may start the flow of oil to or from a vessel unless instructed to do so by the person in charge. (c) No person may transfer oil to or from a vessel unless the person In charge is in the immediate vicinity of the trans fer operation , and immediately available to the oil transfer personnel. g 156.170 Equipment tests and inspec tions. ary 30, 1973, and the revision of S 151.35 shall become effective on January 30, 1973. Dated; December 14,1972, C. R. Bender, Admiral, U'S. Coast Guard, Commandant. ]FR Doc.72-21810 Filed 12-20-72;8:4S am] Title 46--SHIPPING Chapter I--Coast Guard, Department of Transportation U.S.C.1151). A public hearing on the proposed reg ulations was held on February 15. 1972, and the record remained open until April 21, 1972, for public comment. One hun dred and eighty-five public comments were received on the two notices. The comments of record have been carefully reviewed and the following changes have been made to the regulations proposed in notice CGFR 71-161 amending Chapter I of Title 46 Code of Federal Regulations. The majority of comments received as a result of CGFR 71-161 concerned the proposed changes to } 31.10-20, Drydock ing or hauling out TB/ALL. The com (a) No person may use any item of equipment listed in paragraph (c) of this section, except hose used in under water service, in oil transfer operations unless the operator of the vessel or facil ity has tested and Inspected it annually In accordance with paragraphs (b) and (c) of this section and found that it is In the condition specified in paragraph (c) of this section. (b) During any test or inspection re [COD 71-lfllRJ PART 10--LICENSING OF OFFICERS AND MOTORBOAT OPERATORS AND REGISTRATION OF STAFF OFFICERS PART 12--CERTIFICATION OF SEAMEN PART 31--INSPECTION AND ments principally objected to the word ing which could be read to mean vessels operating In salt water must be docked every 18 months; to the shortening of the fresh water service period between drydockings; and to the time allowed to bring vessels Into compliance with the new schedule. The proposed wording has been revised to clarify that vessels re gardless of service need not be docked more frequently than every 24 months. quired by this section, a hose must be in a straight and horizontal position and CERTIFICATION The present drydocklhg schedule is based upon anticipated corrosion and de the entire external surface must be ac cessible. (c) For the purpose of paragraph (a) of this section-- (1) Each nonmetalilc oil transfer hose that is larger than 3 inches inside diam eter must-- <i) Have no loose covers, kinks, bulges, soft spots, and no gouges, cuts, or slashes that penetrate the hose reinforcement; (11) Have no external and, to the ex tent internal inspection is possible with both ends of the hose open, no internal deterioration; and ' (ill) Not burst, bulge, leak, or ab normally distort under static liquid pres sure at least as great .as the pressure of the relief valve setting (or maximum pump pressure when no relief valve is Installed) plus any static head pressure of the system in which the hose is used; (2) Each transfer system relief valve must open at or below the pressure at which it is set to open; PART 71--INSPECTION AND CERTIFICATION PART 91--INSPECTION AND CERTIFICATION PART 105--COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS PART 175--GENERAL PROVISIONS PART 176--INSPECTION AND CERTIFICATION PART 187--LICENSING PART 188--GENERAL PROVISIONS PART 189--INSPECTION AND CERTIFICATION Pollution Prevention Inspection of Vessels and Deck and Engineer Officers' Licenses terioration. However, Coast Guard rec ords and comments received indicate that the principal hull problem with barges Is damage resulting from han dling and operations rather than long term corrosion. One comment received, which Is supported by Coast Guard data, is that on the average a barge will suffer sufficient damage to cause a leak once a year. Another comment stated that, on the average, the bilge knuckles must be replaced every 6 or 7 years. The Coast Guard believes that the existing au thorized interval of 5 years between re quired drydocking is excessive and is therefore retaining the proposed 3-year cycle for drydocklng. It is emphasized that the effective date of July 1, 1974, for this section means that by that date all tank vessels in fresh water service must be on the 3-year cycle for drydocking. Thus, on July 1,1974, all UjS. tank vessels, except those double (3) Each pressure gage must Show This amendment promulgates new hulled vessels meeting the internal in pressure within 10 percent of the actual pressure; regulations that require merchant marlne officers and seamen to have addi spection exemption, must have been drydocked since June 30, 1971. FEDERAL REGISTER, V L 37, N . 246--THURSDAY, DECEMBER 21, 1972 CCR 000036915 ) 28262 RU1.ES AND REGULATIONS Because ofthe unanticipated delays In publishing these regulations, the- effec tive date after which an examination in ipollutlan abatement will be required for Em original, raise of grade or first renewal "of a merchant mariner's license has been changed from June 30, 1072, to July 30, 1973. The Coast Guard will publish ex amination preparation material and sample examination questions at least 120 days prior to instituting the license renewal pollution examination. That portion of the examination dealing with statutes and their implementing rules and regulations will be open book. Pub lications covering these will be available in all license examination offices for use by the applicants. The examination on the subjects concerning pollution will initially be basic and the questions will be continued and expanded upon as the regulations become well known and as additional reference books become available. Numerous eomments, both pro and con, were received in response to the pro posed increases in scope of merchant seamen examinations to include addi tional knowledge of marine pollution and its prevention. It is emphasized that the pollution abatement examination for li cense renewal is only for the first re newal afterpublication of the regulations and is intended to Insure that all li censed personnel are knowledgeable on the subject. The examinations will be scaled to suit the license and it Is not Intended to make every- seaman an ex pert on the laws and regulations, but it is intended that every seaman be aware of the pollution problem, the penalties .that he may- be subject to for violating Ithe law, generally what constitutes a vio lation of the law and a knowledge of good practices to prevent pollution. The requirement for oil pollution pre vention examination subjects for the rat ing of llfeboatman has been deleted as unnecessary: In consideration of the above, Chap ter I of Title 46, Code of Federal Regula tions, is amended to read as follows* a. By amending Fart 31 as follows: 31.01--1 [Amended! 1. By amending 5 31JJ1-I(a) by strik ing the period and adding the words "and 33 CFR Fart 155, Subpart B." 2. By revising the citation of author ity following- $ 31.01-1 to read as follows: (R.S. 4418, as amended, 443S', as amended, 4472, tar amended1, 4488. as amended, section 811 (J) (1) (O) and (D) of the Federal Water Pollution Control Aet, 88 8tat. 818: 886, Ra tional Environmental Policy Act of 1968. 88 Stat. 883; 48 DAC. 883, 411,. 170, 481, 88 ns.C. 1181 (J) ( 11(C) and. (Q),, 42: oao. 4321, et aeq.; EJO. 118481 8 CFR 1888-1970 Comp., p. 948; 49 CFR 1.48(ml} 3. By revising S 31.05-1(a) to read as set forth below. 4. By adding a citation of authority following i 31.05-1 to read as set forth below. g 31.05-1 Issuance of certificate ol fci- epection--TB/ALL. (a> When a. tank vessel la found to comply with law and the regulations In this' subchapter, and applicable, provi sions of Subchapters E, F, J. O, and Q of this chapter and 33. CFR Fart 155, Subpart B, a certificate of inspection shall be Issued to ft, or to Its owners, by the Officer in Charge, Marine Inspection. v * e- ^ * (Sec. 311(J)(l) (C) and (D) of the Federal Water Pollution Control Act, 88 Stat. 816, 8SB, National Environmental Policy Act of 1968, 83 Stat. 882;. 33 U.S.C. 1161(J) (1) (O) and (D), 42 TJ.S.C. 4331, et aeq.; E.O. 11648; 3 CFR, 1966-1870 Comp-,, p- 848; 49 CFR 1.46 (m)) 5. By revoking subparagraphs (4) and (5) and revising subparagraphs (2) and (30, of 3 31.10-2(Ha) to read as follows: 31.10--20 Drydocking or hauling out-- TB/ALL. (a) * (2) Each tank vessel that operates In salt water an aggregate of less than 6 months in any 12-month period since it was last drydocked or hauled out shall be drydocked or hauled out at intervals not to exceed 35 months. Each tank ves sel that operates in salt water an aggre gate of more than 6 months in any 12month period shall be drydocked or hauled out within 12 months of the end of such 12-month period or within 36 months of its last drydocking or hauling out, whichever occurs first. (3) Tank barges which operate in salt water an aggregate of lees than 1 month In any 12-month period shall meet the requirements of subparagraph (2) of this paragraph except that the Officer in Charge, Marine Inspection, may accept an internal inspection in lieu of the first required drydocking or hammy out after date of build, and for double hulled barges (double sides, ends, and bottoms), he may also accept an internal inspec tion for each alternate drydocking or hauling out thereafter.. (4) [Revoked]. (5) [Revoked! .* i 31.10-20 [Amended! - 6. By adding an authority citation fol lowing { 31.16-20. to read as follows; (National Environmental Policy Act of 1969, 83 Stat. 882; 42 TTS.O. 4321, et aeq.) b. By amending Fart 71 as follows: & 71.20--IS [Amended! 1. By amending S 71.20-15(a) by in serting the words "pollution prevention equipment,'* immediately after the words "pilot ladders.'' In the second sentence. 2. By revising the citation of author ity following S 71.20-15 to read as follows: ,T (RS. 4472, as amended, sec. 2, 23 Stat. 118, as amended,, sec. 2.63Stat. 498, as amended, sec, 633, 63 Stat. 848, sec. 811(J)(1)(C) of the Federal Water Pollution Control Act. 86 Stat. 816, 888; National Environmental Policy Act Of 1969, 83 Stat. 882; 46 UJ3.C, 170, 2.14 U.S.C. X 633.. >3 UJ3.C. 1161(jl(l) (C), 42 SAC. 4321. et eeq.; E.O. 11848; 8 CFR. 1968-1970 Comp., p. 949; 49 CFR 1.48(nr)) 3. By adding immediately following j 71.25-35 a new S 71.25-37 with an au thority citation to read as follows: 71.25-37 Pollution prevention. At each inspection for certification, the inspector shall examine the vessel to determine that It meets the vessel design and equipment requirements for pollution prevention in 33 CFR Part 155, Subpart B. (Sec. 311(J) (1) (C) and (D) of the Federal Water Pollution Control Act, 86 Stat. 816, 868, National Environmental Policy Act of 1969, 83 Stat. 862; 38 tLS.C. 1161 (]) (1) (CT) and (D), 42 OAO. 4321. et seq.; E.O. 11848; 3 CFR 1966-1970 Comp., p. 949; 49 CFR 1.48 <m)) c. By amending Part 91 as follows; 91.20-15 [Amended! 1. By amending S 91.20-15(a) by in serting the words "pollution prevention equipment," immediately after the words "pilot ladders," in the second sentence. 2. By amending the citation of au thority following S 91.20-15 to read as follows: (R.S. 4472, as amended. Bee. 2, 23 Stat. 118, as amended, sac. 2, 83 Stat, 496, as amended, sec. 833, 63 Stat. 648. SCO. 311(j) (1) (C) of the Federal Water Pollution Control Act, 86 Stat. 816, 868: National Environmental Policy Act Of 1969; 83 Stat. 862; 46 TJB.C. 170, 2, 14, U.S.C. 2, 633, 33 U.S.C. 11610) (D (C). 43 UA.O. 4331, at seq.; E.O. 11648; 3 CFR 1966-1970 Comp., p. 949; 49 CFR 1.46 (m)) * 91.25--10 [Amended! 3. By amending j 91.25-10 (a> by in serting the words "pollution prevention equipment," immediately after the words "pilot ladders," in the second sentence. 4. By adding a citation of authority following ! 91.25-10 to read as follows; (Sec. 311(}) (1) (C) of the Federal Water Pol lution Control Act 86 Stat. 816, 868, Na tional Environmental Policy Act of 1969 83 Stat. 882; 33 U.S.G. 1181 (J) (1) (C), 42 U.S.C. 4321, et Beq.; E.O. 11648: 3 CFR 1966-1976 Comp., p. 949; 49 CFR 1.46(in)) & By adding Immediately following & 91.25-37 a new S 91.25-38 with, gn au thority citation to read as fallows: 91.25--38 Pollution prevention. At each inspection for certification, the inspector shall examine the vessel to determine that it meets the vessel de sign and equipment requirements for pollution prevention in 33 CFR Part 155, Subpart B.. (Sec. 31107(1) CO) and (D) of the Federal Water Pollution Control Act 86 Stat. 816, 868), National Environmental Policy Act of 1969, 83 Stat. 882; 83 U.S.C. 1161(1) (1) (C>. 42 U-8.C. 4821, et eeq.; E.O. 11848; 3 CFR 1966-1970 Comp.,, p. 949; 49 CFR l,46(m)) d. By amending the citation authority for Part 175, Subchapter T, by striking the words ", unless otherwise noted" and adding the words "Additional authority cited with regulations affected." c. By amending' Fart 176 as follows: L76.QS-5 [Amended! 1. By amending S 176.05-5 (e) by in serting tiie words "pollution prevention edtUpment," immediately afterthe wands FEDERAL REGISTER, V L 37, NO. 246--THURSDAY, DECEMBER ?1, 1972 OCR 000036916 RULES AND REGULATIONS 28263 "fire extinguishing equipment," In the first sentence, , 2. By adding a citation of authority following g 176.05-5 to read as follows: (Sec. 811(1) (1)(C) of the Federal Water Pollution Control Act, 86 Stat. 816, 868; National Environmental Policy Act of 1968, 88 Stat. 859; 33 US.O. 1161(j) (1) (O), 42 UA.C. 4321 et aeq,; E.O. 11548; 3 CFR, 19661970 Comp., p. 949; 49 CFR 1.46(m)) 3. By amending 5 176.05-10 by insert ing the words "pollution prevention equipment," Immediately after the words "fire extinguishing equipment," and by adding a new paragraph (b) to read as set forth below. 4. By adding a citation of authority following g 176.05-10 to read as set forth below. 176.05--10 Subsequent inspections for certification. * ' (b) At each Inspection for certifica tion, the Inspector shall examine the vessel to determine that It meets the vessel design and equipment require ments for pollution prevention In 33 CFR Part 155, Subpart B. (Sec. 811 (J) (1) (O) and (D) of the Federal Water Pollution Control Act, 86 Stat. 816, 868; National Environmental Policy Act of 1969, 83 Stat. 852; 33 UA.C. 1161(j)(l) (C) and (D), 42 UA.C. 4821. et aeq.; E.O. 11548; 8 CFR, 1966-1970 Comp., p. 949; 49 CFR 1.46 <m)) f. By amending the citation of author ity for Part 188, Subchapter U, by add ing the following words: "Additional authority cited with regulations affected." g. By amending Part 189 as follows: 189.20-15 [Amended] 1. By amending $ 189.20-15 (a) by in serting the words "pollution prevention equipment," Immediately after the words "pilot ladders," In the second sentence. 2. By adding an authority citation fol lowing g 189.20-15 to read as follows: (Sec. 311 (]) (1) (C) of the Federal Water Pol lution Control Act, 86 Btat. 816,868; National Environmental policy Act of 1969, 83 Stat. 852; 88 UA.C. 1161(1) (1) (O). 42 UA.C. 4321. et eeq.: E.O. 11548; 8 CFR, 1956-1970 Comp, p. 949: 40 CFR 1.46 (m)) 8189.25-10 [Amended] 3. By amending { 189.25-10 (a) by In serting the words "pollution prevention equipment," Immediately following the words "pilot ladders," In the second sentence. 4. By adding an authority citation fol lowing g 189.25-10 to read as follows; (Sec. 811 (]) (1) (O) of the Federal water Pol lution Control Act, 86 Stat. 816, 868; National Environmental Policy Act of 1969, 88 Stat. 852; 88 US.O. 1161(1) (D (O), 42 UA.O. 4821, et aeq.; E.O. 11548; 8 CFR, 1966-1970 Comp, p. 949; 49 CFR 1.46 (m)) 5. By adding Immediately following s 189.25-35 a new g 189.25-38 with an au thority citation to read as follows: 189.25--38 Pollution prevention. At each inspection for certification, the Inspector Shall examine the vessel to de termine that it meets the vessel design and equipment requirements for pollu tion prevention in 33 CFR Part 155, Sub part B. (Sec. 3X1 (J) (1) (C) and (D) of the Federal Water Pollution Control Act, 86 Stat. 816,868; National Environmental Policy Act of 1969, 83 Stat. 852; 33 US.O. 1161 (J) (1) (C) and (D). 42 UA.C. 4321, et seq.; E.O. 11548; 3 CFR, 1966-1970 Comp, p. 949; 49 CFR 1.46(m)) h. By amending Parts 10, 12, 105, and 187 of Title 46 as follows; 1. By adding the following sentence as subparagraph (2) of I 10.02-9(a); subparagraph (2) of I0.20-9(a); and par agraph (e) of g 187.15-1: "Upon the first renewal of a license after July 30, 1973, each applicant must demonstrate a knowledge of pollution abatement equivalent to that required for an original license." 2. By amending the authority citations following 10.02-9 and 10.20-9 by add ing an additional citation and by add ing a new authority citation to follow $ 187.15-1 to read as follows: (National Environmental Policy Act of 1969, 83 Stat. 852; 42 UA.C. 4321, et seq.) 3. By adding a new subject "Pollution abatement" as subject number (7-a) In 1 10.05-43 (a); (28-a) In the table In $ 10.05-45(b); (20-a) in 5 10.05-47(a); (13-a) In g 10.05-49(a); (9-a) In g 10.0551(a); (10-a) In g 10.05-52(a); (9-a) In g 10.05-58 (a); and by Inserting an X In each column for the new subject "(28-a) pollution abatement" in the table In g 10.05-45 (b). 4. By adding the following authority citation following gg 10.05-43, 10.05-45, 10.05- 47,10.05-49,10.05-51,10.05-52, and 10.05- 58 to read as follows: . (National Environmental Policy Act of 1969, 83 Stat. 862; 42 US.O. 4321, et seq.) 5. By adding the following sentence to gg 10.05-53; 10.05-55; 10.05-57; 10.0559; as (c-1) Of g 12.05-9; to 12.20-5; as (a) (10) of g 105.60-10; as (a)(8) of g 187.20-10; (a) (8) of g 187.20-15; (a) (8) OT g 187.20-17; (12-a) of g 187.25-15; (12-a) of g 187.25-20(a); (12-a) of g 187.25-21 (a); and (4-a) of g 187.2525(a); "The applicant must demonstrate to the satisfaction of the Officer in Charge, Marine Inspection, his knowledge of pol lution laws and regulations, procedures for discharge containment and cleanup, and methods for disposal of sludge and waste material from cargo and fueling operations." g 12.15-9 [Amended]' 6. By inserting an X in each column for the following new subject (29-a) In table 12.15-9(b); 29-a Pollution laws and regulations, procedures for discharge containment and cleanup, and methods for disposal of Sludge and waste cargo and fueling operations. 7. By adding an authority citation to the following gg 10.05-53,10.05-55,10.0557, 10.05-59, 12.05-9, 12.10-5, 12.15-9, 12.20- 5, 105.60-10, 187.20-10, 187.20-15, 187.20- 17, 187.25-20, 187.25-21, and' 187.25-25 to read as follows: (National Environmental Policy Act of 1969, 83 Stat. B62; 42 UA.C. 4321, et seq.) g 10.19-4 [Amended] (8) By adding the following new sub jects set forth below to the table in g 10.10-4 (b) and by inserting an X In each column for each new subject. 9. By adding an authority citation fol lowing g 10,10-4 to read as set forth below. Pollution 78. Pollution laws and regulations. 79. Discharge containment and clean-up. 80. Disposal of sludge and waste, 81. Loading and transfer of bunkers. 82. Ellge and ballast disposal. (National Environmental Policy Act of 1969, (83 Stat. 852); 42 U.S.C. 4321, et. seq.) g 10.15-31 [Amended] 10. By adding the subject "pollution abatement" as new paragraphs (b) (2) (viii); (c) (8); and (e) (7) of g 10.15-31. 11. By adding an authority citation fol lowing g 10.15-31 to read as follows: (National Environmental Policy Act of 1969, (83 Stat. 852); 42 98.0. 4321, et. seq.) 12. By adding the following new sub division (vii) to g 10.20-5 (b) (1) as set forth below. 13. By adding an authority citation fol lowing g 10.20-5 to read as set forth below. g 10.20--5 Professional examinations. * (b) * * * (1) * * * (vii) Pollution laws and regulations, procedures for discharge containment and clean-up. and methods for disposal of sludge and waste material from cargo and fueling operations. >* * * (National Environmental Policy Act of 1969, 88 Stat. 852; 42 UA.C. 4821, et seq.) These amendments shall become effec tive on July 1, 1974, except the amend ments to Parts 10,12,105, and 187, which shall become effective July 30, 1973. (RS. 4406, as amended, RS. 4462, as amended, section 811(J)(1) (O) and (D) of the Federal Water Pollution Control Act, 86 Stat. 816, 868; National Environmental Pol icy Act Of 1969, 88 Stat. 852; sec. 6(b)(1), 80 Stat. 937; 46 US.G. 375, 416. 33 US.O. 1161 (j) (1) (O) end (D), 42 UA.G. 4821, et seq.;, 42 US.O. 1655(b)(1): E.O. 11548; 8 CFR, 1966-1970 Comp., p. 949; 49 CFR 1A6 (b) and <>) Dated: December 14,1972. C. R. Bender, Admiral, U.S. Coast Guard, Commander. [FR DOC.72-21817 Filed 12-20-72:8:45 am] / - 1972/73 Edition This guidebook provides information about significant programs and functions of the U.S. Government agencies, and identifies key officials in each agency. Included with most agency statements are "Sources of Information" sections which give helpful information om Employment Contracting with the Federal Government Environmental programs Small business opportunities Federal publications Speakers and films available to civic and educational groups This handbook is a "must" for teachers* students, librarians, researchers, businessmen,/' and lawyers who need current official information about the UJS. Government- $0.00 J *' mail rderformt ' z1 `.V--// ' . Superintendent of Documents, Government Printing Office, Washington, D.fc- 0402 ^ \ Enclosed find $_____ __ (check, money order, or Supi. of Documents coupons), Pfease tend mo copies of the UNITED STATES GOVERNMENT ORGANIZATION MANUAL, 1972/73, t 33.00 per copy, (Catalog No. GS 4.109:972) (Stodt No,2203-0032^ ' Please change this order to tny Deposit Account NO. ...ua.a.......h Name ... ................ Street address City and State .ZIP Code. 00003691^ OCR a TiJSSCiAV, DCCKMEiiR 5, 1372 WASHINGTON, D.C. Vc.'Li;r.c Z'7 Number 234 PART 51 ^ ' */* K- !UC-w ^i N5\/VEii r;?OK3 !'i sI\\4ilPaiMi N T AV$|S f h \ ^cs#' i tWr V- U ii ii N A <*"*??* K .ON t. T T*1 `"l ){ ii .{*' fjer U A '--x? a Mi! ^ El A N, i~>SW,r'""Hr 1 s> *.'A~\.sf'/VK "flfr LLL^JS^M a IU1 *1 <(V Lr t**{ V B Proposed Forms and Guidelines for Acquisition of Information From Owners and Operators of Point Sources V ' V i';o,23-i--rt, n--l CCR 000036919 HfiMH i:o893 PROPOSED RULE MAKING PliO'i'ECTIOI! AGENCY . [ 40 CPR Fait 126 1 NATIONAL POLLUTANT DiSCHARGC ELiAAINATIOM SYSTEM Proposed l-orms and Guidelines fcr Acquisition of Information hom Owners and Operators of Point Souiees November 21, 1073. Notice Is hereby giwn that lire forms and guidelines set iortr. in tentative form below are proposed bv ihc TJ 3. Environ mental Protection Agency. The proposed forms ana accoropanyug jrstruct'ons describe, pursi'ant to Die authority containcJ in seedon C04(li)(i) ol the Fed eral Water Pollution Control Act Amend ments of 1672 (1','j iji-.it. 810: 83 U.S.C. ____ <19721 (hereinafter referred to ;is the "Ant"), rrciurrementt, lor the LCquisition of infoi inatun fv'm owners, and operators of point sotn- subject to the National Pollutant Dbahai'&a ElinhnaUon System. Section 402 of the Act creates a Na tional Pollutant Discharge Elimination System (hereinafter referred to as the "NPDES") under which the Administra tor of the Environmental Protection Agency may, after opportunity for pub lic hearing, issue permits lor the dis charge of any pollutant or combination Y *' I n - - is ( A I- r? toll discharge will moot all applicable re quirement': of the Act relating to efflu ent limitations;-water duality standards and implementation plans, new source performance standards, toxic and pretreatment effluent standards, inspections, monitoring, and entry provisions, and guidelines establishing ocean discharge criteria,. Section 4u2 also provides that States desiring to administer their own permit programs may submit a full and complete description of such a urogram to the Admiuistiator for approval. The Administrator is to approve a State's program, and suspend rsuance of per mits under section ^03. unless ho deter mines that the atate does not possess adequate authority to perforin certain acts detailed in 402(b) of the Act. The State also must have an approved con tinuing planning process under section 303(e) of the Act before approval of its permit program can be granted. In addi tion to these requirements, a State per mit program cannot be approved unless it conforms to guidelines issued under section 304(h) (2) of the Act prescrib ing minimum procedural and other ele ments of any State program under sec tion 402. These latter guidelines were published In the Federal Register on Saturday, November 11,1972, 37 F.R, 219 (1972). Section 402 (k) of the Act requires all owners or operators of point sources to apply for a permit to discharge pursuant lo section 402 within 180 days of the date of enactment if the discharge is not to lie ff). violation of the Act. Section 304 (Iv>-`<1) directs the Administrator to pro mulgate guidelines for the acquisition of information from owners and operators of point sources of discharge subject to any State program under section 402. These guideline.; which are the subject of this notice, include four application short forms and a form for the reporting by permit holders of monitoring results and general and specific instructions for the use of the forms. With the exception of those facilities within the jurisdiction of a municipal wastewater treatment authority serving over 10,000 population, and as provided in the general instructions accompany ing the proposed application short forms, each owner or operator of a point source of discharge of pollutants must complete and submit a shoit form which corre sponds to the type of discharge as follows: Short Form A '-Ilur icipnl Wastewater Treat ment Facilities, Short Form B--Agriculture, Forestry and Mshmg. Short Form C--Manufacturing Establish ments. Short Form D--Sorvii.es, Wholesale and Re tail Trade, ancl All Other Commercial Establishments Not Engaged in Manufac turing oi Agriculture. Accompanying each application short form are specific instructions for use in filling out and submitting the short forms Any ppr^A^ y.rhn follow*-4 rr<nn_ eral instiiii.lious and properly fills evY anri submits the appropriate short forms herein will have satisfied the initial NPDES filing requirements. In many cases, however, additional information and analyses will be required-of the ap plicant. Standard forms for the submis sion of additional information and anal yses will be proposed in this part at a future date along with instructions for their use. Also proposed is a discharge monitoring report form. Instructions for the discharge monitoring -report form are printed on the form itself. All forms proposed or to be proposed in the future herein are to be used by the Administrator of the Environmental Pro tection Agency and by approved State programs as a principal means of ac quiring information from owners and operators of point sources. The four short application forms proposed herein and the standard application forms to be proposed shortly are included within the meaning of the term "NPDES appli cation form" as that term is used in the guidelines published under section 304 (h) (2) of the Act. The discharge moni toring report form is included within the meaning of the term "NPDES report ing form" as that term is used in the guidelines published under section 304 Ui> (2) of the Act. Because of the importance of promptly making application forms available for the use of the Administrator and all Slates participating in the NPDES and because of the 60-day deadline imposed by section 304(h) (1) of the Act, the Ad ministrator finds good cause to restrict the time for comment upon the proposed forms and guidelines to 15 days. It is hoped that in!crested persons will submit their continents in writing within such 3 5-duv period so that they may be consideicd prior to the deadline for promulgation. Prior to the adoption of the proposed forms ond guidelines, consideration will be given to any comments, suggestions, or objections thereto which are sub mitted in writing to the Office of En forcement and General Counsel, Wash ington, D.C. 20460, within a period of 15 days from the date of publication of this notice in the 'Federal Register. In addition, interested persons wishing to have their comments considered in the clearance of the proposed revisions in the report forms pursuant to 44 U S.C. 3501-3511 may, at the same lime, submit a conformed copy of their comments di rectly to the Clearance. Officer, Statisti cal Policy Division, Office of Management and Budget, Washington, D.C, 20503. William D. Ruckelskaits, Administrator, November 29,1972. National Pollutant Discharge Elimination System Application for Permit to Dis charge (Short Form) (Form No. --------) ' GENERAL INSTRUCTIONS Tile Federal Water Pollution Control Act, as amennet.1 oy puone mw Ocr.uuer * ,, it>72, iiuy person from dlscharg'ng pollutants into a waterway from a point, source (see definitions below), unless his discharge is authorized by a permit Jssued either by the US. Environments! Protection Agency or by an approved State Agency. (See "Procedures for Filing".) REQUIREMENTS If you have a discharge or discharges, such as that described in the first paragraph of these instructions, you must complete one of the following forms to npply for a dis charge permit. The forms differ by types of discharges as indicated below: Short Form A---Municipal Wastewater Treat ment Facilities. Short Form B--Agriculture, Forestry and Fishing. Short Form C--Manufacturing Establish ments. Short Form D--Services, Wholesale and Re tail Trade, and All Other Commercial Es tablishments Not Engaged in Manulacturing or Agriculture. If your business or activity involves pro duction of both raw products and rcadyfor-rnarket products you may be required to complete two of the above forms. For ex ample, if you produce a raw product such as milk and, on the same site, process the raw milk into cheese, you must complete Form B--Agriculture, and Form C--Manufactur ing, , EXCLUSIONS You are. not required to obtain a permit for the following types of waste discharges: fl) Sewage discharged from vessels (e.g, ships); or FEDERAL REGISTER, VOL. 37, NO. 234--TUESDAY, DECEMBER 5, 1972 CCR 000036920 f-KOPOSED iiULE MAKING (2) ''V.'hUt, tind tMhor mu. funds h:- Ji'ctcd f 111 c> t. v, MI t'> fuMUM-lc* production oi oil c c u; v..iut dru'hf'U in ,1 , oMAtion with oil or }:u:, proJ notion :wul d::*po.i.o<l oi in a well" vvhr't! nmhcrl/od by the ytfttc ii\ which tho v.tMl i, located; or-; A (3) These cmrli^i^ss chr^cU1'-! solely to a publicly owned v-i'rtle tnuummt facility (however, ah'clu'ryvs oriffinuhn*; from pub licly ownc'l wuMr ucn*mr-it h\m1jUvs '.rs 7lot 0X( lud -fl,| Not": MuidcipM ami mru v.-Mo i u2 hip dis- charters that believe they are exempt clue to Hem 3, are requested to complete ce* lain items and return the form (s^e "l'roeediucs for Idling"). I'ltOCLDUREF toil TILING Copies of fill forms are available nJ, State writer pollution control ppcncioh ar,*.. at all Environments*) Protection Agency Regional Offices (seo aUachod table). Datft submitted on the.w forms arc to be used ft* r. basis for issuing discharge peimita. Depending on the adequacy and nature ol the data submitted, you may be called upon for additional Information before c permit Is granted. U you have any questions as to whether or not you need a permit under this progiam, contact your State water pollution control agency or the nearest Regional Office* of the T7.3, Environmental Protection Agency. A list of EPA Regional Offices is hi the attached ttble. Complete the appropriate forni(s) for your operation, being sure that each, item is con sidered and the required data submitted. If an item does not apply, please enter in the appropriate place "Not Applicable" or ,4NA" to show that the item was given considera tion. Most of the items on the form require VV"i/* Ivr- i f r.'nr n T'n p* f n.'pi' * * *-P\p_ rlb?c answers. Check the Items which most nearly apply to yon and your operation. If you have re ceived a for:n and determined that you are not required to obtain a peimlt, fill out the icque&'rd information and return the ap plication as described below without the designated regi*Italian fee. Mail the original of me completed form, together with a registration fee of ten dolhus ($10) for each application, to the EPA Re gional Office which has jurisdiction over t:.e *3tato in which }ou are located, ut.Ic-"S t*ie State In which you are located has a federally approved permit program. If unknown, con sult your EPA Regional Office to determine U your Si vie has an approved program and the mailing address of the designated State agency. Agencies cr instrumentalities uf Federal, State, or local governments will not be re quired to pay any fee with the filing of an application for a permit. Applications for existing discharges must be filed with your EPA Regional Oifice or ap proved State agency by April 16, 1973. Appli cants who have applied for a permit to the U.S, Corps of Engineers under the Refuse Act permit program need not reapply. New dis charges commencing on or after June 16, 1073, must apply no later than 180 days in advance of the date the discharge is clue to begin. New discharges beginning on or be fore Juno 3 5, 1973, murt apply a minimum of 60 days In advance unless a delay Is ap proved by the EPA Regional Administrator. ajufjnitxons 1. A "ucij.on" K* f*n Individual, partner'hip, corneaI'or., p.-ioclV ion, state, munctpialiiy, commission, other political subdivision of u State, (inv Interstate b'uly, or any I'gency or instrumentality of the Federal Government. i! A `'pollutant" includes dredged moil, solid waste. Incinerator revldue, sewage, [y*rba^o, sewage sluuge, munitions, chemical v....-.tes, biological rnaUunls, radloacLlvc ma terials, lu'aL, v iccked nr ciiscarded equ'p* nmnt, rock, sand, cell:'.- do t and industrial, ir.uiueipal and ruznculUnal waste discharged into water. 3. A "point source" includes a pipe, ditch, channel, tunnel, conduit, well, discrete fis sure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft from which pollutants are or 771 ay he d'srnnrrcd. <. The term "municipality" means a city, town, borough, ^ounty. parish, district, as sociation, c>r oilier public body created by or pursuant to state law and having jurisdic tion over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated ana approved areawide waste treatment management agency. Ar>T>KF,p"ES op i'i'-t Hscicvai, Omcrs and Spates V rniN T:jml Jurisdiction I'fijion Qhd addiUi T. it A<luiim--trutor, ! ion >, I'm lionmental ITowoliou Arcney, Jr mi K. KH*rnouiu]c`fJi.v703}', C'fiiinis^ilol rI,d Jg,, Mass. OX* >3. ATTEN TION: iMTjUt.s >Jr.wi. h. II. lbgional Admin"-li aim, lWgiuh H. ''m non* mental 1 .otK-iicm Mate Comiectk'Ut, Maine, MaSSarllilMMU1!, New Hiuijj'Sinro, Hliodo Idiiiid, Veimont. New Jersey, New York, Virgin Islands, l'U( rlo r" '- H!>i Vr*T Vo*k, N V100<)7. A'i 'J'J' \- Tif>N: J'ermus braucU. 77t*j7#o?i tin l aihUete III. R'^donal At'mlm^traior, ltrjdon IU, J'nvlrou- JlHMUal Plot." U Ml Arency, FuriK fn h nn<l \\ .i'miU hrliiniad'.vlprhti. -P- A UfiW. Peiiuit.- hrant'h, IV. Krj'ional Ad'aiun-iralnr, Kkthmi IV. mAceenmta*l' ,l'Mjo-i'il tlVum"vihir-'o Sr. N i:., Adama. UA IWL Arl TKNTION; \\ imiis Itiaiu ii. V. Ibyional Admini^liator, lit ^ion V, Environ* mental i'loK'i'daii Atreiio\, 1 Vnri ') Wacl.ei h.. 1 Ti I'^KiOu. ATTENTION: Perrnil.s Hianch. VI. iP'eian.d Administrator, Id'Kion l. 1 n riiou- mental P'<itrr(ion A.re'K'y. li'to ivut-ison yt . ^uif{' mn Iialias, 7'.V T.V>>f ATTHN- TlON: lV'-ir.it?' ilra'K'h. VII. INK-M^Soiua.iili AnM.n, mEu.it,riaroion*r, mental Time- don Asenev. 1, M. ttiwM're Ave . H 'in'- m w, alO t'.iiO'H ntio\: lVin.ll ``ivui"'). VIII, Rt'jduinl A'' uini-TtUwr. he'zuai \ MI, JMtvi/uu* mt'.eat i'j.u ;!:1 u Afoney, j 1ji> oio St., Suite *' ! ` i.voi', Co ; i i P v, TIO.V- Vvw*'. f< mcli. IX. Itt^'ontd Ad mv'o.uur, Kepion i'nvnoi.- m'Miinl i'h)t("'tu/i Agency, U.' CaliMrH'i St., San rr:.h<:k'.o C.V anil. ATI LNTlON. Peimits ))AVien. X. Regional AdmiMishator, Ite^ion X, ln\u-rn- mewtal p. -tc(u:on 1 "V* tirti \ ve. iavaitte, )W. jmOI. M 'it af tTlin.u1 j)i''i,1l Igt Mary l m 1, I'niira ivanla, \ r'd'.la, Wei't \ Jt'j. .nla. Alabin,a, Florida, Inm.'.l. ,'.i. A i/f, u ('arolins, >omli Onrulma, lllmoi'-, Indit-ma, Mi* hvati. Minor 0a, Oldo, U i*i o'i`*Ul. At tans s, LNoi JwuM.ueiav..i'O, oMahoma, Tt ^w,. i; Iowa, Kansas, MkaOufi. Neb: a ;ka. C *'l"rcd-, M*)nten^, \(*nii l> i'* <>ia, ` oiitli ! v-A oi.. 1;:an, V vninmg. aboun f MTmaia, Hci'.vaii, Nevnua, A'ih-ik an Samoa. APokct, Idaho, l/jV'.on, v\ a^'imgton. Ii ranch. National Tou-utant Discharge Elimiwaticn System Av;v.iCATioisf for Permit To Discharge- -short Form A TO BE TILED ONLY BY MUNICIPAL TREATMENT PLANTS Do not attempt to complete this form before ? sailing the accompanying instructions 1. Name oi responsible orf'nnlssatiou--------------------------------------------------------------------------------------2. Faciltly hiiormaljon: A. Name ________ ________________________________________________________________ 13. Street address_________________________________________________________ C. City_______ _________________ _________________________ ______ - n. County E. Slate................... .................................................................................... F. ZIP 3. II all of your waste Is discharged into a publicly owned waste treatment facility and to tho best of your knowledge you are not required to obtain a discharge permit, check here D and supply tho following information: A. Name of responsible organization receiving waste------------------------------------------------------B. Facility receiving waste: 1. Name 2. Street address------------------------------- ------------------------------------- ---------------------------- - 3. City 4. County 5, State______ .. _____________________ 6. ZIP -------- -------------------- -- C. Average flow into facility, mgd (check one) 0-0, 0(X)0 (i) 0.01-0.010 (2) 0. 05-0.00 0) 0.1-0. 49 (4) 0, 5-0.99 (5) 1.0-4. 9 (6) 5 or mor* CD FEDERAL REGISTER, VOL. 37, NO. 234--TUESDAY, DECEMBER 5, 1972 CCR 000 036921 PROPOSED RULE MAKING , ,,, i ) ,* > !, h, furm 1.- ilic pro-wr reviewing off'ce (See Jn .tryctions) liO Nor .'. : i"nrj: or rnr: form. i , ( : i v mot1' . 13 {J Primary C, Intermediate D. Secondary F. 0 Advanced T j , i ii 1;. t a* \,i : ;v mf'd. ; .-Lvut J'.ODrt mm:.! (actual) : , 1 } u r. 1* J*. ( 1 3CM4 u : C. 35-04.0 aD so-94 9 k 99 or more i\,,; jl.tLIor) L.'rvt'fi: /i, |'l 1-l`iP 11. U 200-43D C. 500-009 D, 1,000-1,900 E. 5,000- 9,999 l\ [-J b.'.C^O or iiiore Oi .no ui .cb**r P'mjj a. r) ; it. n a c. [j 3 D. 4 E. 5 F. G or more l)cC pll-ai r-f wrv-o velcr illschsrgcU to suifacc uaters only (chock Rii applicable). | Flow, f | ' 1 t l ( ' ' ' i 'l ' ' 1 '' 1 O.UI1 o. ojh` 1 o.o iy ] ill j :'.') ........ 1 Minimum.. ...j 1 j (million paDotis per opouting day) 0 (h`> 0 0v (T 1', 10 1'J (A'l 1 1 0. 6a vo (0 6 or more (61 (V) 1 Amount treated l'"foro dLsuh t'O.ta'i.t Nunc 1 0 1 vr.. t`5. Z'J. 'J 01.0 1)4. Q fS) ' ('> (10) cm J.S 100 (12) i 1 jO. M R'*y v.v~-tc v.ater, treated or untreated, is discharged to places other than surface i> Uax, c' cek <>"-''>>v applicable. v"- 'JiLi'/il* Li t*, i ( 0 0er O' Yio\f, MOD (million pullcns per operating (lay) : 0 01 n 019 j CO O.OS'O.OW (O 0.1-0.4`J (4) C.6-0.M (5) t 0-J <i (fi) A lomnW't'....................1 j i`, ;'s f\|K'iiklion l:i; o'tu r J ! | j (\ (jtlw'r, siwi/y; |, j( 5 or mol P) 11. Is any biudgo ultimately returned to a waterway? A. r. no 2 a. Do yi>u receive industrial v/uste? 1. yes 2, no B - t -''. '*1' ' j ______ T.i. T^;>C! oi' -,?7. A. kojiarato storm. 13 Separate sanitary C. Combined sanjtar> and storm D. (J Jiotu f<pr*rato and combined sewer systems 1*1, L'occiving watcr nnn'c__ ___ ____________ _______________ _________________ _______________ i5. Docs the ui .-liarqe contain anv 'nateimla which may be toxic to humans or other living organii-ms olhr.i- LVtn normal domestic wastewater? A. n yoa B. [J h<> Data Vr,' Mo. 1 Jay \ ' prtlfv thrA l rrn lin/illnr with the infurnnPmi c' 11i'Mii \1 ni iM n port and that m the biv-t <' ' y knov in*i h /thv cn-Jl iiifcimullon n triir, emriplot1', ru d nu-urne. illgtmturcof Principal rxeenllvc O/Ticcf or Authorized Apcut 16 U.S C. Section 1001 provides tliat: Whoever, in any matter within the Jurisdiction oi any department or agency of. the United States xnov.in^iy and. wilfully falsifies, conceals, or covers up by any trick, scheme, or dci'ee a material i.ict, or mokes any fahe, fictitious, or fraudulent statements or repre sentations: or makes or uses any false writing or document knowing same to contain any icUsc, fictitious, or fnmduient statement or entry, shah be lined not more than $10,000 or imprisoned not more than 5 yeais, or both. Short Form A--Specific Instructions MUNICIPAL TREATMENT PLANTS' Item t. This Is the name of the organiza tion responsible for the facility named In i Lem ?, ItC7n 2. Whin a community Is served by nu>re than one municipal waste treatment fa culty, a separPL-c form mu.sit be completed for each facility vMdi is required to obtain a discharge permit (.<c General Instructions). Item 3. Complete this item only if all of your waste is discharged to another munici pal treatment fp cillty. Hem 4. Check the box indicating the most prevalent type of treatment provided for the waste water prior to discharge. "None"--No treatment or minor treatment loss than sedimentation (with or without chlorination). "Primary"--Sedimentation alone or corn* bined with chlorination, "Intermediate"--Sedimentation plus con ventional chemical coagulation processes With or without ddorination, "Secondary"--Sedimentation plus conven tional biological processes (e.g, trickling liher or activated sludge), with or without rhlor*1 nation. ' Advanced"--(Tertiary treatment)--Sec ondary treatment plus an added conventional secondary vreatment piucoos whtch Will re move additional BOD ^bjolofrirai oxviten de mand) and/or .solids (c.g., a terminal lagoon, sand filter, etc.), or an added advanced treat ment process, for further removal of BOD and/or suspended solids ana dissolved solids (c ., oongulatlon-ACdimentatlon adsorption^ reverse os moot.s and cieci rodialysis). Item 5. Provide flo.v rate in million gallons per day for which facility was designed to accommodate. Jtc?n 6\ Check the percentage of average annual BOD (5-day) actually removed from the waste water prior to its discharge. Item 7. Check approximate totfl popula tion served by this facility Including any other communities or installations which may be discharging to this facility. Item 8, A separate discharge point is de fined as a discernible, confined conveyance, such as a pipe, ditch, conduit, container, ves sel, or other Hooting craft, which empties to o body of water. This includes sewer overflow and bypass points. Item $. For any waste wafer discharged to surface waters omy (e,g., a Jake, L/ream, creel", ocean, etc.), check the appropriate box (i--7) to show the average (annual) flow per operating day (Uno A) and the maximum flow observed in any one day during the last year when the discharge was occurring (line 13), Also, on line A, chock one of the boxes numbered 6-12, to indicate the percentage of daily average How which is tieatod, bcfoie discharging (.`*ee item a above). Item JO. Check the appropriate box(es) to indicate daily average Hc.v of v^vAe. if any, to places other than surjocs wafers. If a box on line C Is chocked wiile in the place c-f discharge in the space provided. Stem 11. Indicate whether a*vy sewege c waterway Neill 12, if p.ny pioosss aitd/'O'- cooling water waste from Indtistnal source; are pres ent in the inuornlnf; flow, check the "les" box and enter number of Industries con nected to the collection system. Item 13. "Separate"--Sanitary sewers are separate from surface ^lorm drainage. "Com bined"-- Sanitary wastes and SLorm drainage are carried In the same channel or pipe, "noth"--Part of the collection system .s "separate" and part Is "combined". Hem 14. Give the name of the waierwey Into which all or a major portion of the w as- c water Is discharged. Use the name oi the waterway as shown, on published maria, if the discharge la Into an unnamed tributary, give the name of the water body fed by the tributary, and identify as "Tributary lo" (name of water body). Item 15. The term "toxic material" means those materials or combination of materials, Including disease-causing agents, 'which after discharge and upon exposure, ingestion, Inhalation, or assimilation Into any orga nism, cither directly from the environment or Indirectly by Ingestion through food chains will cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (Including mal functions in reproduction), or physical de formations, In such organisms or their off springs. Toxic substances include but are not limited to: lead, cadmium, mercury, vana dium, arsenic, molybdenum, antimony, nickel, barium, beryllium, copper, selenium, zinc, nllrilotrlacetlc acid (NTA), orthonitrochlorobenzone (ONCB), polychlorinated biphenyls (FCB's), dlchlordlphenyl-trichlorcethano (DDT). FEDERAL REGISTER, VOL. 37, NO. 234--TUESDAY, DECEMBER 5, 1972 CCR 000036922 PROPOSED H f i r MAKIH 1 ! ! i o w 000036923 National Pollutant Cischalge Elimination System Application fos Permit To 'Discharge* Short Fo?.*a B TO ar FILET ONLY BY PERSONS ENGAGED IN AGPICULTtm Do not attempt to complete this form before reeding the accompanying instructionis 1. Facility: A. Name ______ B. Street name C. City _______ E. County ___ 2. SIC_____ ___________ 3. Principal product or service name___________ 4. Principal product, yield, season, and. acreage D, State P. ZIP _ Product type 1- fiDO 499 OM D (2) Number of animals (A-E): A. Cattle......................... B. Bogs.......................... C. Sheep...................... D. Towl..... ........ E. Fish........ ............... | F. Gnin--tens....... _ J G. Fruit--Intis................... H. Vote rubles-- tons........... J. EfS'--enss..................... 3. Milk-lbs........................ K. Ot tier (specify)............. s 1f Mailnium yield por season SSJ'SOC Acrcr: e 1,000- 10,000- 50,000- 100. CuC- 200, 000 t mouths) 0,909 49,999 90, LjOJ lyy, '.-99 or more (3) (G (5) (6> (7) (8) &) ! ! jj i' ! i i i!; ti -- 1 7. If any waste water, olLhcr treated cr untreated, is discharged to places o.Tte~ then- surface waters, check below as applicable. Waste water is di. charged tot A. Municipal sewer sy&buu___ , B. Underground w.-.l............... { C. Septic tank.......................... 1 IX Ev..grralion licocn p l.o, | 9 1-099 tn Average flow, gallons per operating day 10CO-4DM j GCirKO'rt (=) I (3) 10. CCD-49,9.'9 CO CX or mors W (5) i ^: 3. 3s umbe r o f s r.p arate d scharge p ol nt s: A. Q 1 B. -3 0. 4-5 b. 6 or more 0. Po you practice ary ty\e of irrigatlol? A. a yea P. n no If yes, check the appropriate bar for the rate at which water is applied. 0-1.99 a) Hai-i of [rng.Ut'u v, :xter applied in acre-foot per acre per year 2 3 "J9 (2'i 4-5.99 (31 3-; .03 TO \. \[ 5 or men (01 10. (a) Indicate rate at wh'ch fertilizer(s) is/are used, in total (combined) pounds por ucrj per year (check appropriate box) 0 -19.9 a) 1 iC-?0.9 100-149.9 f (31 (3) j 150-1J9.& (41 2C0 or more f5) (b) Indicate type of fertiliser used (check appropriate box) 5. (a) Check here if discharge occurs all year or (b) Ch eck tne montii (s) d lscharge oce urs: 1- January 2 February 3, March 4. April 5. May 6. June Nitrogen only phosphorus only Nitrogen and pbofphorua Other (specify) 7. July 3. August 9. September 10. October 11, November (0 (3) (3) (4) 12. December (cj Check number of days per week: 1 1. 1 2. 2-3 3. G 4-5 4. C-T 0. Waste water discharged to surface waters only (chevk as applicable) 11. (a) Specify rate at which pesticides are used In pounds per acre per year______ ______ (b) Specify type of pesticide used_____________________________________________________ ____ _ n r> Flow, gallons pur operating day Amount treated before >o discharging, percent Discharge per operating day 0.1-- 999 IP 6tKKV 10,000- 50,00'l None 0.1- 9999 &U9 or more 29.9 ao04.9 W9X9 951J (i) (2) (3) to A. Average........... to TO O') (fil TO (TO B. Maximum........ 12. Receiving vatcr name13. Docs the discharge contain any materials which may bst toric to human or other living organisms? A. yes B. nr. Yr. Mo. Day I eMu1. 1.3.at T am fmnil^r'.viiL the inform?1 lion conn' iH i'i this report md tHr to the best of xny .if jv.icd rrid hi/'of >ue3' iatuix.atJn'i 1? true, cjmpJ'He, and nc* nnhe. Sign at u re of P i b: 3pal H icr ut [ 7 a" > ifleer Authoiiio'l Agent FnDERL EEGiSTfl", VOl. 37, NCX 234--TUESDAY, OCCtM; h, 1772 t-1 PROPOSED R'JLE MAKING CCR 0 0 0 0 3 6 9 2 4 18 U.S.C.Sec'Ion 10Q1 prov.dcs that: Whoever, In any natter within the jurisdiction af ?nr department or agency of the National Potlvtant inifvu: ; A-miC-mc:' --short Form C- United States knowingly and wilfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or mekes any false, fictitious, or fraudulent statements cr repre sentations; or makes or uses any false writing or document knowing -mm 3 to contain "ny false, fictitious, or fraudulent statement or entry, shall be fined r.ot more than. tl-VXO or imprisoned not more than 5 years, or both. TC RE riLrn ONLV rt TTr.SONO ENG,`.TED IN M VVUFACTTEU>. G Do not c'tcrnpi to complete this form be/orsreadir.y accomtcu-ii{r w^irur'; '*w 1. Fa: llity: A. Name B. Street Short Form B--Specific I nstc cottons container or channel throt'gli which the C. City D. State AGRICULTURE Item S. Writs here the name of the crop, livestock, farm product, or service from which you get most of your Income, for ex ample, eggs, beef cattle feediot, hog farm, wheat, cotton, timber, fish hatchery, etc. Itevi 4. Check the box beside the general name of the product given in Item 3, to show greatest amount produced per season and write In the length cf season in months and the number of acres w hich you use. Item 5. If you discharge wastes all year, waste Is discharged, into a body of water, for E. County F. ZIP . ] .example, a pipe, ditch, culvert, refuse con 2 SIC.................. . tainer, barge, boat, etc. (fieave Blank) Item 9. Give the name of tho waterway 3. Number of employees_____________________ ________________________ ______ -- into which ail or a major portion of the waste water is discharged. U'-c the name oi the waterway as shown on published maps If the discharge is into an unnamed trib utary, give the name of the water body fed 4. If all of your waste? Is discharged int-o a publicly owned waste treatment; U best of your knowledge you are not required to obtain a discharge perm and supply tnc foPo"-l:ig ir-forn'ctlon: A. Name of community receiving waste________________________________ by tho tributary and identify as tributary to B. Facility react'dng waste: (name of water body). 1. Name__________________________________________ _____________ 9. A. Indicate if you use any method of 2. Street address________________*________________________________ irrigation in your operation su< h as spraying, 3. City-------------------------------------------------------------------- 4. County ity and to the check here check the box provided in (a). Otherwise, check the box beside the month (s) listed under (b) to show when wastes are dis charged. Also, check one box to show hew many days out of a week the wastes are usually dis charged (c). Item 6. This item applies to wastes dis flooding, subsurface Irrigation, etc. B. Check the appropriate box to show the average annual rule at which Irrigation water Is applied to laud. 10. A. Chcfic the rppionrlatc box to indi cate the annual totul rare at which you apply any fertiliser is). If mere than one type Is used, the rate .should chow the combined 5. StM-------------------------------------------------------------- a. ZIP ... C. Average flow into facility, gallons per day (check one) O.H'53 0) ICCO-it'OO {Z\ aocj-ot-co <3> 1 l 10000-49,599 j (4) T fiO,COU CT E( "4 (5) charged to surface loafers only, (eg., lake, pounds of a'l fertilizers. stream, creek, ocean, etc }. Check the ap propriate box (1-7) to show the average (an nual) flow of discharge per operating day (line A), Tilts average should be based only on the number of days the discharge Is actually occurring and nof on the entire cal endar year. For example, 300,000 gallons of waste Is discharged one year. The discharge occurs for 100 days of that year. The average flow w ill be 300,00*0/100^3,000 gallons per day (box B-2 should be checked) and. not 300,000/365 = 320 gallons per day. If any kind of treatment (such as lagconing or ponding) is used before discharging the wastes, check one box (0-10) on line A to show the percent of total wastes which is ireated. Ii no treatment Is used, check tho bf>x labeled None1'. If waste is subject to disinfection only (e.g., chlorination) do not include as treated waste. On hue Bt check a box (1-5) to indicate the maximum flow observed in any 1 day during the last year when, the discharge was occurring. Item 7, Check the appropriate box(es) to Indicate daily average flow of waste, if any, to places other than surface waters. If a box on line F is checked, write in the place of discharge in the space provided. Item 8. Check the box beside tho Hum berts) to show the number of separate dis charge points. A separate discharge point is B. Check the appropriate box which, gives the best, indication of the type of fertiliserfs) used In greatest amounts. 11. A, opccjfy the average annual rate fit which you apply c?:v pesJctde (s>. Pnticlnec include all barb!cldcs, insecticides, aIgicities, rodenticldes, etc., cr any other chemicals used to control unwanted plant or animal Infestation in. conjunction with your operation. B. Specify the type of most commonly used pesticide either from manufacturer's labc1 or by giving its common chemical name. Item 13. Hie term "toxic material" means thO;c materials or ccmbioaUoa of materials. Including ckseoie-o.vus.ng agents, which after discharge auc? upon exposure, inges tion, inhalation, or assimilation into any organ);in, either directly from the environ ment or indirectly by ingestion through foci chains, will cause death, disease, behavioral abnormalities, cancer, genet is mutations, physiological malfunotions (Including mal functions in rep:odnotion), or physical de formation, in such organisms or their o"sprlng. Toxic substances lncludo but are not limited to: lead, ci dm turn, mercury, vana dium, arsenic, molybdenum, antimony, nlckei, barium, beryllium, copper, selenium, zinc, nitrllotr lacetic acid (NTA), o-thonltrochlorobenzone (OKCB), polychlorinated Mph e nv13 (PC b's), d Ichlordiph e: > y1 -triehloro - Sign and return this form to the proper reviewing office (see instructions) DO NOT COMPLETE T7IE REMAINDER OF THIS FORM. 5. Principal product or raw material_________________________________________________ 6. Principal process.__________________________________________________________________ 7. Maximum amount cf principal product produced or raw material consumed per (ch^rk one) Basis 1-99 (!) A. Bay......... V. Month.... c. y*-\z........ A Hi' nnt 130-199 200-403 500-999 1,000- (2) (3) (4) (3) 1 s 1ii i, so,-s.'i'i'j ;c; 1 j | (2) I j EO.C- "! or mcri (S) 3. Maximum amount of principal product pjoduced or raw material consumed, reported, is. Item 6, above, is measured In (check one): A. pound" B. C tens C. barrels D. bushels 53. square feet F. n gallons C-. pieces or units H. other, specify____ ____________ ______ _ 9. (a) Check here If discharge occars all year__, or (b) Chock the month (s) discharge occurs: 1. January 3. February S.nM&rch 4. April 5. May t. June 7. July S. August Q. September 10. October 11. November 12. December (c) Check how mmy iays per weak-- 1. C 1 2. na-3 3. i-5 4. 0-7 defined as a completely or partly enclosed ethane (DDT). 10. Types of waste waLer discharged to surface waters only (check as applicable) FEDERAL REGISTER, VOL. 37, MO. 2,)4--TUESDAY, DECEMBER 5, K72 pROForca ;:uie waking 25003 Item 10. This item applies io wastes'dis |v>r uj^nvlns <k.y Flow-, t' * rr cyenfiiiig day I Viiiour.i treated Ijaforo 'fi f har^mc, I per rent 0, l W) 0> UK)0-1000 cooovin 0i> 30,0004U, tW '4> 5A1 (VVJ nr n;vro 0.1- So- f-5 20. & CL 9 IT.fl rjf-- 100 (D). n (> (. (10) charged to surjace waters on/y (eg., a Jake, btream, creek, ocean, etc.). T>i><..-> nf dis charged waste water arc classified In the ta ble its follows: A. "Sanitary"--Consisting only of Used wa ter from restrooms, toilets, showers, and sim ilar siuutaiy or comfort farilities. B. "Noncontact Cooling Water, Condensed A. '-'vi; i'v, -) uiy Steam, etc."--Water used for cwlm? steam general hmf otc. which does not come in con b. Un *;;ri\i M.r, oio' <J kiiy fVv; tact with the product, Intermediates, and/ or raw maiVrlals. C. "Process Water"--Water m-e-d directly in V. J'iii'ah w:,'i,r daily NVrla'-'Oi. J > M<tiT.nwn p t o-i * i i- u .v *<k re im I'll Cd <}':r]\Mi'V. filll the manufacturing process, which comes in contact with the product, intermediates, or raw materials. For each Up$ oi waste discharged, check ciic box (1'5) to show tho average (annual) flow per operating day (linos A- C). This average should be based only on the number of ac treated or untreated, are -.piicftblc. tual days during the part year the dischaige is occurring and Tiof the entire calendar year. For example, 300,000 gallons of cooling water is discharged in the course of a year. This r vlinx 'l.iy discharge occurs for 300 ua\ * of that year. The average daily How n 300.000/100=-3,000 W.'.u' v., :i i ii, k: 10,000 40,`JJO 50,(XK) or more gallons (box 3I--2 should be checked) and not 300,000/365- 820 gallons. A- M'lnki;;:.! ' If pictrealmcnt (such as lagooning, pend U) (5) ing, clumical addition, aeiatiou, etc.) oefo.'c discharging the wastes is pi ac, iced check the appropriate box (u-10) under the heading 7k Underground well. "Amount Treated Befou* Discharging, Per cent" (lines A-C) if no trealment is used, C. (JcpUc t ink............ check the box labeled "None". D. `K\a|Kir,ili<n lucoon nr iiovi On line D, check the box (1- 5) to indicate the maximum combined How (of alt types E. Other, speoHy: of discharges together) observed for any one day in the last full year of operation. For new facilities, this should reflect the best en 3 2. Kumlycr of separate discharge points: A. 3, B, LJ 2-3 C. *-' 13. Iloctiving wafer ra:n<. . ____________ _ D. 6 or more gineering estimates. Item. 11. Check the appropriate box(es) to Indicate daily average flow of waste, if any. to places other than sut/arc iraivrx. Tf a bov organisms? A. yes 0. L) no c-n hue 3il )s checked write in the place of aischargo m tne .>pacc provided. Item /,?. Check the nox beside the num- Date ! j ----------------1! ] erooiiUtltdyuthtdft:nI atimnsfIi'n-paollii!.irmv',d!tl>thtahte\ (i>ntfhoermhaostitoani 1. r:y 'MiowU-dte ami hclkd suck information is Mo, Day mic, ooinplere, and tKeuruhs. i Fienature of P melpal Kwi'titive OJheer or AiHhuri/.ed Agent ber(s) to show the number of separate dis charge points. A separate discharge point is defined a an easily identifiable completely or partly enclosed container or channel through which the waste is discharged into a body of water, for example, a pipe, ditch, culvert, refuse container, barge, boat, etc. 18 thf-i C. Section 1001 provides that: Whoever, In any rah Her within the jurisdiction of any department or agency of the United states hnowli.''iy and. w.lfuUy hil.sihos, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious, or fraudulent statements or roprerentatruns; or makes or \r.es any fc.De writing or document knowing same to contain any false, fictitious, or fraud :lc:it statement or entry, shall bo lijmd not more than $.10,000 or imprisoned not more than 0 years, or both. Item 10. Give the name oi the waterway into which ail or a major portion of the waste water is discharged. Whenever possi ble, use the name of the waterway as shown oil published maps. If the discharge is into an unnamed tributary, gne the name of the water body fed by the tributary and identify as tributary to (name of water body). Siioivr Foarr C--Si'jtcmc Instructions manufacturing ' Hem 4. Complete this Item onlv If rdl of your waste Is discha:ged to another mu nicipal treatment facility. Itchi 5. I/st the principal produces pro duced at this location or the raw matcricU consumed, whichever one will give a better measure of the over-all volume of produc tion hi conjunction with the number and units provided In item, 7. Where several similar auicles arc produced, use a broader term which will include ail or most of the specific ones (eg., "costume Jewelry" to designate tho production of bracelets, carrings, and pins). Item 6. Name tho process used for pro ducing the principal product, Item 7. The maximum amount of prin- ^ cipai prodvef p-vduccd or raw material consulted may bo calculated on a daily, monthly, or yearly bus's, whichever is more convenient. Check appropriate boxes to indi cate basis used (lines A-C), and amount pro duced or consumed (box 1-8). Item 1-1. The term "toxic material" means those materials, or combination of mate rials, including disease-causing agents, which after discharge and. upon exposure, ingestion, Inhalation, or as; nnilati.-n irj a any organ ism, enher directly from the environment or indirectly by injection through food chains will cause death, disease, behavioral ab Item 8. Check one box to indicate the units . normalities, cancer. genetic mutation^, in which tho measure of production was re physiological malfunctions (including mal ported (Item (5). If box H is checked, enter functions in reproduction), or physical de units in the space provided. formations, in such organisms or their Item 9. Tf yon discharge wastes all year, ofisprmg Toxic substances include but are check the box provided in (r.). Otherwise, not limited to: lead, cadmium, mercury, check the box beside the monthfs) listed vanadium, arsenic, molybdenum, antimony, and (b) to show when wastes are umialiy discharged. Alf.o, chock one box under (c) to show how many days out of the week the wastes are discharged, nickel, barium, beryllium, copper, selenium, zinc, nltrllotriacetic acid (NTA), erthoni- trochloroben^ene (QNCI3), polychlorinated biphenyls (PCB's), dichlordiphenvl- trichJorocthane (DDT). TEDERAt REGISTER, VOL 37, NO, 234--TUESDAY, DECEMBER 5, 1972 cck 00369i 5 251*01 PROPOSED k'JLE MAKING for official use only National Pollutant Discharge Elimination System Ait'Licatton fox Permit To DISCHARGE--SHOUT Fcr.M D TO I;E FTLCP ONLY BY SERVICES, WHOLESALE AND RETAIL TRAhtf, a NO OlHER COMMERCIAL asSTABLISH MEN TS 7:0 wo/ a//c?7ipf to complete this form, tQithovfrcoding the accompanying instructions 1. Facility: A. Name------------------------------------------- ------------------- ---------- ---------- ------------------- -___ _ B. Street address.------- --------- ---------------------- ,,,,-------- ,--------------^---------- ---------- G, City--------------- --------- ---------------------------- ------------------- ------- D. State E, County------------------------------------------------------------ --------------- F. ZTP________ _____________ 2. SIC........................................... --............................--..................................-..................-.................... (leave blank l 3. Number of employees.-----------....------------------ ---------- ...____ ....._____ ________________ __________ 4. Nature of business___________ ______________________________________ _____ _________ _____________ 5. (a) Check here if discharge occurs all year , or (b) Check the month(s) discharge occurs: 1- January 2. n February 3. Msuch 4. G April C. Q May G. June 7. July 8. D August J2. D December 9. September 10. October 11. November (c) How many days per week: 1. 1 2. 2-3 3. 4-5 4. ^ 6. Types of waste water discharged to surface waters only (cheek as applicable) Discharge ,ior opwullny djy Flow, gallons poroperuting day Amount treated boforo disrhoiglrig' percent 0.1-999 0) 1UOCMUOO S009-9909 (2) (3) 10,00049,999 (O CO, 000 or inoro ) None (0) 0.1- .30- 05- 9529.9 0*1.9 01.9 100 (!) (8) (0) <10) A. Banftary, d.wly nvuuigo. h. Cooling water, jU`., difily av<-nv.'.>. C. Otluir dally Spocify D. Ma\linur.\ per op.oraiing dsy lor c^inbiticd tiisChargo (till lypvs). ! *t to places r t ; , ; uia then r.vfr'\ 10" ere, chiv.k ..^.vu u uuu^a, aiv; discharged u... uppl^ablc. Wasto water is discluugcd to: 0.1-099 (D A. Municipal sower syfiem.... P. UndiTgrouml well............... f'. Septic tank ........................ ( D. Evuporatlon kigoouvr v>ond-| E. Other, spcisfiy: j Avoragc flow, gnllor*? per operating day looo-'icco 000-9999 0) 10,000-19,999 50,000 or more (4) (5) 0. Number of separate dlwchargc points: A. 1 B. 2-3 C. 4-5 D. 6 or more 9. Receiving water ns me__--...-------- ---------- ---________________ ___ _____ _ 10. Doei the discharge contain any materials which may be toxic to humans or other living organisms? A. yes B. no Pato ----------------------------I criUfy that 1 am familiar with the Information contained in tills report and that to the best of ------ ------ -------^ iny knowiedttn and belief such inforiiiuti^r. Is > r. Mo. Day u uo, complete, and accurato. Signature of l*rIncJp:*i Exoeudva Oilicor or Aulhori/.ed Agent 18 IT.S.C* Section 1001 provides that: Whoever. In any matter within the Jurisdiction of any department or agency of the United States knowingly and wilfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious, or fraudulent statements or repre sentations; or makes or uses any false writing or document knowing same to contain any f.iLo, fictitious, or fraudulent statement or entry, shall be lined not more than $10,000 or imprisoned not more than 5 years, or both. Short Four,! O--Specific Instructions Sr.RVlt'L'ii, wholesale; akjj retail tuahe anji OTIU'-.'t COM.M^itlAt ESTABLISHMENTS Item 4. briefly state the nature of jour business or service. Item 5. If you discharge wr.stes all year, check the bos provided in (a). Otherwise check the box bosiac the mouth(s) listed under (b) to show when wastes are usually discharged. Also, cluvk one bo?: under (c) (<> show how many dev's our of the week the wastes arc usually discharged. Item C. This item applies to wastes dis charged to surface waters otvy fe.g., u lake, stream, crock, ocean, etc,). Tvpei of dis charged waste water arc classified in the table as follows: A. "Sanitary'*--Consisting only of used water from bathrooms, toilets, showers, nnu similar sanitary or comfort facilities. 13. "Cooling water, condensed steam, etc.'*--Spent uater from air-conditioning system, heating plants etc. C. "Other''--Water used for purposes other than tno two named aboxe to which some thing is added during its, use (o.n , deter gents in lannnr'cs, disinfectant? ir horpiU:'?*, remains of food in restaurants, cie.). For each tvpe of waste discharged, check one box (1-5) to show the ?veju.;o 'annual) flow per operating day \hr. s A Cl. Till . average should be based cm'/, mi the . '.br-r of days the d'cchar&e if; oociuib g ana not the entire calendar year. For r'-'ar.iple, 300,0<>0 gallons of cooling water is discharged In the course of a year. The discharge occurs for 100 days of that year. The average jaity flow is 300,000/100 3,000 gallons (box D-V, should be checked) and not 300,000/305- 320 gallons. If treatment (such aw chemical addition, aeration, "packaged" treatment plants, etc ) before discharging the wartes is practiced, check the appropriate box (0-lOj under the , /..i..Ku.k iUhUa,u i-JCivtc Ui*cU<vi ing, Peiv.-nh. \liuw the t/f5jcci-ta,7c t>i total wastes of a riven typo (lines A-O) which is treated. If no pretreatmezit is used check the box labeled "None". On line D, check the box (1-5) to indicate the maximum combined flow (of all 14 pcs of discharges i/ogether) observed for any one day in the last full year of operation. For new facilities, this should reflect the best engineering estimates. Stem 7. Check the appropriate box(c*) to indicate daily average flow ot wastes, If any, places other than surface wafers. If a box on lino E is checked, write in the place of discharge in the space provided. Item 8. Chock the box beside tns num ber^) to show the number of .^parate dis charge points. A separate discliaige point is defined as a completely or partly enclosed container or channel through which the waste is discharged into a body of water, for example, a pipe, ditch, culvert, refuse con tainer, barge, boat, etc. Item 9. Give the name of the warerway Into which all or a mat or portion of the waste water is discharged. Whenever possible, use the name of the waterway as shown on published maps. If the discharge is into an unnamed tributary, give the name of the water body fed by the tributary and identify as tributary t-o (name of water body). Item. 10. The term "toxic material" means those materials, or combination of material*. Including disease-causing agents, v. Inch alicr dlscharge and upon exposure, ingestion, in halation, or assimilation into any on/ani-m. either directly from the environment or in directly by ingestion through food chains wnl cause death, disease, behavioral abnormal ities. cancer, genetic mutations, physiological `malfunctions (including malfunctions m production), or physical deformations, lu FEDERAL REGISTER, VOL, Z7t NO. 234--TUESDAY, DECEMBER 5, 3972 CCft 000036926 PROPOSED RULE WAKING ruoh orKfuilams or tliolr ofi splint*. 'I'oxlc aufoitUuicaa lxieiiKlo but aro not limited to: I^nvd, crvdii.tmn, mercury, vanadium, arsenic, molybdenum, antimony, nicfcci, btfxrlum, bo.yllium, copo^r, Rolenlum, zinc, nitrilotrtnoetic acid (NTA), crtbonitrochlorobpn?no (ON<;ji)p poiycI-lorinnU tL biphenyls (rcii1;,), thehlordlphoiiyi-irichloroeUwine (DDT) NATIONAL lOLLVTANT DUCUAHriF KUJi.jWATlON S'VafFil DlACNAUGE MQNlTOltlNO liliTORT L (2-3) tf-18) (17-19) J 1>JS (20-21) (w-a) (M-::,) Latitude Longitude (20-27) (28-29) (30-31) Reporting period: Prom 1 I 1 To 1 I I (32-37) ^ car Mo. J)f\y Year Mo. Day Parameter (3 card only) (38 -1C) Minimum Quantity (40-53) (54-01) Average Maximum Units (62--C3) No. lx Reported Permit condition Reported Permit condition Reported ( permit j condition Reported . ' Permit condition Reported Permit condition Reported -- Permit condition Reported Permit condition Reported permit condition -- l-Jena^oJ FrinoIpaiBiocutive Officer Title of tfj& oldoer Date l^t ifirst Middle Title 111 Teal Mo. Day "5005 FEDERAL REGISTER, VOL 37, NO. 234--TUESDAY, DECEMBER 5, 1972 ecu 0369a 2M0G PROPOSED SULfc MAKING NATIONAL rOLLl-TANT .Dischaboe yjimWAtlON 9TSTCM--COntlnuod jiEroitT--Continued 3NSTHVCTIONS 1. Provide dates for Torino covered by this 5 ity\<; marked 4<KcpoUinp period", 2, Enter revolted minimum, livcrayo and m (mv,lv', \ *,j under "Quantity" and "Concentration" ill the uniIff specified for each par.uiicUT a> approprinti. | . , \ mu r values In boxes contumintf HSteri\l-s, "A Venice" is average computed o.-ei act 11 il Pine (ihschurf;r , , h r .put1. "Maximum" fmd "Minimum" arc extromo values observed during the up* it mg period ' Z. Sivccify the number i-f viMy-v i c urrW th (! , . ; (he maximum (and/or minimum as appirtprlato) iwnnit conditions in the comim i. [v'*'d *!'v\; ,. nmr "v>'\ 4. specify fvoqmuey of :m.Uv< ,s fm cw\\ p-;.;. \ -maiyses/No, days, (e p., "$fM ts equivalent to 3analyses performed e% cry 7 d:i\ s ) If e--it1 tM*<-u ' rmt-i H> , " f5, fctpecilv semph, tvpo (.`Vrnh*' ov hr. comp.. ,i . ) .t-, ipphcablc. If frequency was continuous, enter "NA". C. Appiopriab' sip.uatiue. i-. nuuiuvd <*n bottom m \ v furru. 7. ltentovc carbon ami rv\'un copy for y-mr n>r, ;h 8. Fold along dotted hues, staple and mad o*,b,n u to office specified In permit. (44-08) (50-70) (4 card only) (3SHG) Minimum Concentration (40-63) (ftl-01) AVCfft& Minimum _______ __ Units (62-C3) Ni&oy. Ficquoncy of analysis Sample typo i i i ; f \ i i j i i ii t " I certify that I am familiar with the Information contained in this re* port and that to the best of my Knowledge and belief etacb iiJormatiou is truo, complo to, and accurate. Slgnaturo of Principal Executive Officer or Authorised Agent IrK Doc.72-20710 Piled l2-5-72;8;45 am] t FEDERAL REGISTER, VOL. 3?, NO. 234--TUESDAY, DECEMBER 5, 1972 CCR 000036923 i