(a) No operator, crew member or personnel of a vessel or terminal shall carry out or perform any willful or negligent act or omission which causes the entry of any amount of oil into marine waters during any transfer operation.
(b)(1) Unless, because of emergencies or unanticipated circumstances, doing so would harm public health or safety or the environment, all transfer operations shall be conducted in accordance with the terminal operations manual approved under § 2385 of these regulations or vessel transfer procedures required by 33 CFR 155.720, as appropriate, and with the mutual agreements and understanding established during the pre-transfer conference.
(2) Notwithstanding the provisions of subsection (b)(1) of this section, in circumstances where for operational or safety reasons the sequence of transfer operations or any other conditions or procedures agreed to in the pre-transfer conference are to be changed, the TPIC and VPIC shall, prior to continuation of the transfer operation, confer with each other to ensure that each person in charge clearly understands all information regarding the changes and agrees to all procedures necessary for continuation of a safe and pollution free transfer operation.
(c) The respective requirements with which the terminal and vessel must comply and which must be set forth on the declaration of inspection and initialled separately by both the TPIC and VPIC or both, as appropriate, as required by Section 2335, shall include, but not be limited to, the following:
(1) The vessel's moorings are strong enough to hold during all expected conditions of surge, current, and weather that are long enough to allow adjustment for changes in draft, drift, and tide during the transfer operation.
(2) Transfer hoses and loading arms are long enough to allow movement of the vessel while secured at the berth without placing strain on the hose, loading arm, or transfer piping system.
(3) To prevent kinking or other damage to the hose and strain on its coupling, each hose is supported in accordance with the operational recommendations of the “HOSE TECHNICAL INFORMATION BULLETIN: No. IP-11-4.”
(4) Each party of the transfer system is aligned to allow the flow of oil.
(5) Each part of the transfer system not necessary for the transfer operation is securely blanked off. Each test cock, sampling or bleeder valve is closed and securely capped.
(6) The end of each hose, loading arm and manifold that is not connected for the transfer of oil is blanked off with a bolt in at least every other hole and in no case less than four (4) bolts.
(7) The transfer system is attached to a fixed connection on the vessel and the terminal.
(8) Except when used to receive ballast as agreed within the pre-transfer conference, each overboard discharge or sea suction valve that is connected to the vessel's transfer or cargo tank system is sealed or lashed in the closed position.
(9) Each transfer hose has no unrepaired loose covers, kinks, bulges, soft spots, or other defect which would permit the discharge of oil through the hose material and no gouges, cuts, or slashes that penetrate any layer of hose reinforcement. “Reinforcement” means the strength members of the hose, consisting of fabric, cord or metal.
(10) Each hose or loading arm in use meets the requirements of Section 2380, subsections (a) and (b), respectively.
(11) Each connection meets the requirements of Section 2380, subsection (d).
(12) Any monitoring devices used to detect or limit the size of a discharge of oil, if installed, are operating properly.
(13) The small discharge containment equipment for the terminal, required by Section 2380, subsection (f), is readily accessible or deployed as applicable and will be periodically drained as required by subsection (g) of Section 2380.
(14) The discharge containment equipment for the vessel is in place and will be periodically drained to provide the required capacity.
(15) Each drain and scupper is securely closed by mechanical means.
(16) All connections in the transfer system are leak free, except that a component in the transfer system, such as the packing glands of a pump which cannot be made leak free, shall not leak at a rate that exceeds the capacity of the discharge containment provided during the transfer operation.
(17) The communications required by Section 2370 are operable for the transfer operation.
(18) The emergency means of shutdown for the terminal, required by Section 2380, subsection (h) and the emergency means of shutdown for the vessel required by 33 CFR 155.780 are in position and operable.
(19) There is a TPIC and a VPIC, and each:
(A) Meets the appropriate requirements of Section 2375 for persons in charge;
(B) Is at the site of the transfer operation and immediately available to the transfer personnel;
(C) Has ready access to a copy of the terminal operations manual or vessel transfer procedures, as appropriate; and
(D) Conducts the transfer operation in accordance with the terminal operations manual or vessel transfer procedures, as appropriate.
(20) The personnel required, under the terminal operations manual and the vessel transfer procedures, to conduct the transfer operation:
(A) Are on duty; and
(B) Conduct the transfer operation in accordance with the terminal operations manual or vessel transfer procedures, as appropriate.
(21) At least one person is at the site of the transfer operation who fluently speaks the language or languages spoken by both persons in charge.
(22) The TPIC and VPIC of transfer operations have held a pre-transfer conference as required by Section 2330, subsection (b).
(23) The TPIC and VPIC of transfer operations agree when the transfer operation is to begin.
(24) If any part of the transfer operation may take place between sunset and sunrise or during periods of reduced visibility, the lighting required by Section 2365 will be provided.
(25) A transfer operation which includes collection of vapor emitted from a vessel's cargo tanks through a vapor control system not located on the vessel must have the following verified by the TPIC:
(A) Each manual valve in the vapor collection system is correctly positioned to allow the collection of cargo vapor.
(B) A vapor collection hose or arm is connected to the vessel's vapor connection.
(C) The electrical insulating device required under subsections (b) and (c) of Section 2341, is fitted between the terminal vapor connection and the vessel vapor connection.
(D) The initial loading rate and the maximum transfer rate are confirmed by the TPIC and VPIC.
(E) The maximum and minimum operating pressures at the terminal vapor connection are confirmed by the TPIC and VPIC.
(F) The barge overfill control system, if compatible with the connection to the terminal, is connected to the terminal, is tested, and is operational.
(G) The following have been performed not more than 24 hours prior to the start of the transfer operation:
1. Each alarm and automatic shutdown system has been tested and found to be operating properly; and
2. Hydrocarbon gas and oxygen analyzers have been checked for calibration by use of a span gas.
(H) Each vapor control hose has no unrepaired loose covers, kinks, bulges, soft spots, or any other defect which would permit the discharge of vapor through the hose material, and no external gouges, cuts, or slashes that penetrate any layer of hose reinforcement.
(I) The oxygen content of the tank vessel's cargo tanks, if inerted, is at or below 8 percent by volume.
(26) Fire fighting equipment required in Section 2345 is in readiness.
(27) Where required, the spill containment provisions of sections 2395 and 2396 are being complied with.
(28) The tank vessel has either of the following capabilities:
(A) The tank vessel's boilers, main engines, steering machinery and other equipment essential for maneuvering are maintained in a condition so that the tank vessel has the capability to move away from the berth within 30 minutes under its own power; or
(B) Where the tank vessel does not have the capability specified in Section 2340, subsection (c)(28)(A), appropriate tug assistance is available so that the tank vessel can be moved away from the berth within 30 minutes.
(29) Operations and practices are carried out in compliance with the following recommendations in ISGOTT:
(A) Emergency towing wires are rigged forward and aft and the ends maintained not greater than 5 feet above the water (chapter 3).
(B) Precautions regarding openings in superstructures are being observed (chapter 6).
(C) Precautions regarding flame screens are being observed (chapter 6).
(D) Precautions regarding unauthorized craft alongside a tank vessel or barge are being observed (chapter 6).
(E) Precautions regarding entry to pumprooms, pumproom ventilation and bilges, are being observed (chapter 2).
(30) The requirements of § 2341 to prevent electrical arcing at onshore terminals are being complied with.
(31) The tank vessel is in compliance with the ISM Code and has on board a Document of Compliance and a Safety Management Certificate. A tank vessel of a country not party to Chapter IX of SOLAS has on board current valid documentation showing that the vessel's company has a safety management system which has been audited and assessed consistent with the ISM Code.
The requirement to be certified under the ISM Code does not apply to barges.
(d) No person shall conduct an oil transfer operation unless the TPIC and VPIC have:
(1) Conducted the pre-transfer conference required under Section 2330, subsection (b);
(2) Ensured that transfer connections have been made as specified in Section 2380, subsection (d);
(3) Ensured that discharge containment equipment on the terminal and on or around the tank vessel or barge required under Sections 2380 and 2395 are in position or on stand-by, as appropriate; and
(4) Filled out and signed the Declaration of Inspection as required by Section 2335, subsection (a).
(e) No TPIC shall conduct a transfer operation with a tank vessel unless the tank vessel has either one of the capabilities of moving away from the berth within 30 minutes, as specified in Section 2340, subsection (c)(28).
(f) During all transfer operations, the TPIC shall be in attendance at the terminal.
(g) Each TPIC shall ensure that the means of operating the emergency shutdown is continually manned so that it can be activated in 30 seconds or less, as required in Section 2380, subsection (h)(5), while oil is being transferred between the terminal and the vessel.
(h) Each person conducting an oil transfer shall stop the transfer operation whenever oil from any source is discharged into the water or upon the adjoining shoreline. The transfer operation shall not resume unless authorized by the U.S. Coast Guard and the operator has complied with, or is complying with, the contingency plan approved by the Administrator for the terminal where the transfer is taking place.
(i)(1) Each person conducting a transfer operation shall stop the transfer operation whenever oil from any source is leaked onto the transfer operation work area, but not in the water, and shall not resume the transfer operation until after both of the following are completed:
(A) The oil leaked into the oil transfer work area has been cleaned up; and
(B) All necessary preventive measures have been taken to ensure that a similar leak of oil does not recur.
(2) Transfer operations need not be stopped under subsection (i) of this section if all of the following occur:
(A) The leak is directly into the small discharge containment of the terminal or the discharge containment aboard the vessel;
(B) No oil is displaced outside of the small discharge containment of the terminal or the discharge containment of the vessel; and
(C) Immediate corrective action is taken to stop the leakage of oil.
(j) Notwithstanding the provisions of subsections (h) and (i) of this section, the transfer operation may resume or may continue without interruption if both of the following occur:
(1) Continuation or resumption of the transfer operation is necessary to avoid further discharge of oil; and
(2) Both the TPIC and VPIC agree that continuation or resumption is necessary to avoid further discharge of oil.
(k) The provisions of subsections (h), (i) and (j) of this section are subject to any direction by the Administrator issued directly in response to the discharge into the water.
Credits
Note: Authority cited: Sections 8750, 8751, 8752, 8755 and 8757, Public Resources Code. Reference: Sections 8750, 8751, 8752, 8755, 8757 and 8758, Public Resources Code.
2. New subsections (a)-(b)(2), subsection redesignation, amendment of subsections (c)(19)(C) and (c)(27), new subsection (c)(30), repealer of subsection (f) and amendment of subsections (i)(2), (j) and (k) filed 10-5-94; operative 11-4-94 (Register 94, No. 40).
3. Amendment of subsections (c)(3), (c)(9), (c)(13), (c)(25), (c)(25)(C), (c)(25)(H) and (c)(30) and new subsection (c)(31) filed 3-9-99; operative 4-8-99 (Register 99, No. 11).
This database is current through 4/5/24 Register 2024, No. 14.
