33CFR158 COA
What is a COA A document issued by the Coast Guard or other authorized agency that certifies a port or terminal meets the requirements of 158
Who is applicable? Subparts B(oil), C(NLS) , and E apply to each port and each terminal located in the U.S., or subject to the jurisdiction of the U.S. that is— Used by ocean going tankers, or any other ocean going ships of 400g/t or more, carrying oily mixtures, or by oceangoing ships to transfer NLSs, except those ports and terminals that are used only by— Tank barges that are not configured and are not equipped to ballast or wash cargo tanks while proceeding enroute. Ships carrying NLS operating waivers under 46 CFR153.491(b)
Who is applicable? Subpart D(garbage) applies to each port and terminal located in the U.S. or subject to the jurisdiction of the U.S.
What is an Oceangoing Ship Means a ship that– Is operated under the authority of the U.S. and engages in international voyages. Is operated under the authority of the U.S and is certified for ocean service. Is operated under the authority of the U.S. and is certified for coastwise service beyond 3 miles from land.
What is an oceangoing ship? Is operated under the authority of the U.S. and operates anytime seaward of the outermost boundary of the territorial seas of the U.S. as defined in 33CFR2.22 Is operated under the authority of another country other than the U.S. ***Note: A Canadian or U.S. ship being operated exclusively on the Great Lakes of North America or their connecting & tributary waters or exclusively on the internal waters of the U.S. and Canada, is not an oceangoing ship.
Which ports and terminals must provide reception facilities? An onshore facility or an offshore structure located in the navigable waters of the U.S. or subject to the jurisdiction of the U.S. and used , intended to be used, as a port or facility for the transfer or handling of a harmful substance.
Which ports and terminals must provide reception facilities? A port or terminal which receives oceangoing tankers, or any other oceangoing ship of 400g/t or more, carrying oily mixtures must have a reception facility that meets subpart B (Oil). A port or terminal which receives oceangoing ships carrying NLS must have a reception facility that meets subpart C. All ports and terminals under the jurisdiction of the U.S., including CFV facilities, mineral & oil shore bases & recreational boating facilities must have a reception facility which meets subpart D (Garbage).
Which ports and terminals must have a COA? To continue to receive ships, a port or terminal must hold 1 or more COA to show compliance with— Subpart B- of this part if it receives oceangoing tankers, or any other oceangoing ships of 400g/t or more, carrying oily mixtures. Subpart C- if it receives receives oceangoing ships carrying NLS Subpart D- if it receives The ships under paragraph (a) or (b) Fishing vessels which offload more than 500,000lbs of commercial fishery products from all ships during a calendar year.
Applying for a COA To continue to receive ships at a port or terminal required by 158.135 to have a COA for its reception facilities, the person in charge must apply to the Coast Guard for a certificate as follows. Applicants for COA required by 158.135 a or b must apply to the COTP zone in which the port or terminal is located using form A or form B respectfully. Applicants for COA, forms A, B, C may be obtained from local Coast Guard COTP.
Issuance and Termination of COA After reviewing an application made under 158.140(a)(1) (subparts B&C) the COTP determines by inspection the following When an application is made on form A, whether or not or not the reception facility meet subpart B. When an application is made on Form B, whether or not or not the reception facility and the port or the reception facility and the terminal meet subpart C. After the inspections above are conducted, and after consulting with the administrator of the EPA The COTP Issues the COA Denies the application and informs the PIC in writing.
Each COA remains valid until In order to remain valid, the COA must have attached to it any waivers that are granted under 158.150 Each COA remains valid until Suspended Revoked This part no longer applies to the port or terminal.
Reception Facility Operations Each person in charge of a reception facility shall ensure that a reception facility does not operate in a manner that violates any requirement under this part. A copy of each COA issued for the port or terminal must be: At each port and terminal under this part Available for inspection by the COTP and the master, operator, person who is in charge of a ship, or agent for a ship.
Ports and terminals required to have an operations manual under this chapter (33CFR) or under 46CFR chap. 1 must have a copy of the COA issued for the port or terminal, including any waivers, attached to that operations manual.
Reporting inadequate reception facilities. Any person may report to the local Coast Guard COTP that reception facilities required by the regulations or MARPOL 73/78 are inadequate. Reports of inadequate receptions facilities my be made orally, in writing, or by telephone.
Grounds for suspension The COTP may suspend a COA if— Deficiencies reoccur or significantly affect the adequacy of the reception facility. Continued operations will result in the undo delay to ships calling at the port or terminal There is a failure to accept NLS residue from a ship after its cargo tanks are prewashed in accordance with 46CFR153.1120 There is a substantial threat of discharge of oil or NLS into or upon the navigable waters of the U.S
Subpart B (OIL) Each reception facility must hold each, federal, state, and local permit and license required by environmental laws and regulations concerning oily mixtures.
Be capable of— Receiving oily mixture from oceangoing ships with in 24hours after notice by that ship. Completing the reception of ballast water containing oily mixtures from the ship in less than 10hrs after waste transfer operations begin. Completing the reception of other oily mixtures in less than 4hrs after the transfer begins.
Subpart C (NLS) In order for each reception facility to pass the inspection under 158.160 must— Be a reception facility as defined under 158.120 Be available at the port or terminal Meet the requirements of 158.220 Hold each federal, state, and local permit & license required by environmental laws & regulations concerning NLS Be capable of receiving NLS residue from oceangoing ships within 24hrs after notice by that ship of the need for reception facilities. Be capable of completing the transfer of NLS wit in 10hrs after the transfer begins.
Subpart D (Garbage) The PIC of a port or terminal shall ensure that each port or terminals reception facility— Is capable of receiving APHIS regulated garbage at a port or terminal no later than 24hrs after notice under 151.65 unless it only receives ships that: Operate exclusively within the navigable waters of the U.S. Operate exclusively between ports or terminals in the continental U.S. Operates exclusively between continental U.S. ports and terminals and Canadian Ports and Terminals