CGD 81-101, 52 FR 7785, Mar. 12, 1987, unless otherwise noted.
The person in charge of the ship shall ensure that—
(a) The requirements of §§ 153.1102 through 153.1132 are met; and
(b) The procedures in the approved Procedures and Arrangements Manual are followed.
(a) At least 24 hours before a Surveyor is needed, the person wishing the services of a Surveyor must contact the Captain of the Port or the Sector Office that has jurisdiction over the port at which the Surveyor will be needed to—
(1) Arrange for the Coast Guard to provide a Surveyor; or
(2) Inform the Coast Guard of the selection of a Surveyor from one of the organizations accepted by the Coast Guard to provide Surveyors.
(b) Organizations may be accepted by the Coast Guard to provide Surveyors if they—
(1) Are engaged, as a regular part of their business, in performing inspections or tests of bulk liquid cargo tanks or bulk liquid cargo handling equipment;
(2) Are familiar with the references in § 153.0(b) and with the requirements of this part;
(3) Are not controlled by the owners or operators of ships needing the services of the Surveyors or the facilities at which those ships would unload cargo;
(4) Are not dependent on Coast Guard acceptance under this section to remain in business; and
(5) Sign a Memorandum of Understanding with the Coast Guard.
(c) Each application for acceptance as a Surveyor must be submitted to the Commandant (CG-ENG) and must contain the following:
(1) The name and address of the organization, including subsidiaries and divisions, requesting acceptance by the Coast Guard to provide Surveyors.
(2) A statement that the organization is not controlled by the owners or operators of ships needing the services of Surveyors or the facilities at which these ships would unload, or a full disclosure of any ownership or controlling interest held by such parties.
(3) A description of the experience and qualifications of the personnel who would be performing the function of Surveyor.
(4) A statement that the persons who will be performing the function of Surveyor have been trained in and are familiar with the requirements of Annex II and the regulations in this part.
(5) A statement that the Coast Guard may verify the information submitted in the application and may examine the persons who will be performing the function of Surveyor to determine their qualifications.
(d) The acceptance of an organization may be terminated by the Commandant if the organization fails to properly perform or supervise the inspections required in this part.
[CGD 81-101, 52 FR 7785, Mar. 12, 1987, as amended by USCG-2006-25556, 72 FR 36330, July 2, 2007]
(a) Except those Category A NLS residues that must be discharged under paragraph (c) of this section, NLS residue from an NLS whose vapor pressure is 5 kPa (50 mbar) or less at 20 °C (68 °F) must be—
The Marine Protection, Research, and Sanctuaries Act allows specific liquids to be discharged to the sea under permits issued by the EPA.
(1) Unloaded to any consignee;
(2) Returned to the shipper;
(3) Discharged to a reception facility;
(4) Retained on the ship; or
(5) Discharged to the sea under § 153.1126 or § 153.1128.
(b) Except those Category A NLS residues that must be discharged under paragraph (c) of this section, NLS residue from an NLS whose vapor pressure is greater than 5 kPa (50 mbar) at 20 °C must be—
(1) Handled in the same way as the NLS residue under paragraph (a) of this section; or
(2) Ventilated following a ventilation procedure in the approved Procedures and Arrangements Manual.
The Clean Air Act (42 U.S.C. 7401 et seq) allows states to regulate emissions from tank ventilation. There may be other regulations, both local and Federal, that affect the use of tank ventilation for safety or environmental purposes.
(c) NLS residue containing Category A NLS in pumproom bilges and in spill trays at the manifold must be discharged to a reception facility.
[CGD 81-101, 52 FR 7785, Mar. 12, 1987, as amended by CGD 81-101, 53 FR 28975, Aug. 1, 1988 and 54 FR 12629, Mar. 28, 1989]
Before a cargo hose used in discharging an NLS from a ship's cargo tank is disconnected, the hose must be drained back to the transfer terminal unless the tank unloading the cargo has a waiver under § 153.483 or § 153.491.
[CGD 81-101, 53 FR 28975, Aug. 1, 1988 and 54 FR 12629, Mar. 28, 1989]
No tank cleaning agent other than water or steam may be used to clean an NLS residue from a cargo tank except as prescribed in the approved Procedures and Arrangements Manual.
(a) When a high viscosity or solidifying cargo is unloaded from a cargo tank, the cargo tank must be prewashed unless § 153.1114 or paragraph (c) of this section allows the prewash to be omitted.
(b) When a prewash is required for a tank that has unloaded a solidifying cargo or a cargo having a viscosity exceeding 25 mPa sec at 20 °C, the wash water used in the prewash must leave the tank washing machine at a temperature of at least 60 °C (140 °F).
(c) The prewash required under paragraph (a) of this section may be omitted if the approved Procedures and Arrangements Manual contains a procedure for measuring the temperature of all interior cargo tank surfaces throughout unloading and under the measuring procedure the temperature of these surfaces remains above—
(1) The temperature of the cargo's melting point if the cargo is a Category B or C solidifying NLS; or
(2) The temperature at which the cargo's viscosity exceeds—
(i) 25 mPa.s, if the cargo is a high viscosity Category B NLS; or
(ii) 60 mPa.s, if the cargo is a high viscosity Category C NLS.
[CGD 81-101, 53 FR 28975, Aug. 1, 1988 and 54 FR 12629, Mar. 28, 1989]
Unless § 153.1114 allows the prewash to be omitted, a cargo tank that unloads a Category A NLS cargo must be prewashed following the procedures in § 153.1120.
A prewash required by this part may be omitted if one of the following requirements is met:
(a) A Surveyor has signed a statement in the Cargo Record Book that the next cargo has been determined to be one that may be loaded without washing the tank, and the tank is not washed or ballasted before it is loaded with the next cargo.
(b) A Surveyor has signed a statement in the Cargo Record Book that the approved Procedures and Arrangements Manual contains procedures for removing the NLS residue by ventilation, and the cargo tank is not washed or ballasted before being cleaned following the ventilation procedure.
The Clean Air Act (42 U.S.C. 7401 et seq.) allows states to regulate emissions from tank ventilation. There may be other regulations, both local and Federal, that affect the use of tank ventilation for safety or environmental purposes.
If for any reason more Category B or C NLS residue remains in a cargo tank and transfer piping of a ship after unloading than would remain after a normal discharge of the cargo when the unloading procedures in the approved Procedures and Arrangements Manual are followed, the tank must be prewashed following the procedures in § 153.1120 unless—
(a) Section 153.1114 allows the prewash to be omitted; or
(b) The residue is reduced using another procedure, and a Surveyor estimates and states in the Cargo Record Book that the cargo tank and transfer piping contain no more NLS residue than they would if discharged following the procedures in the approved Procedures and Arrangements Manual, and no other prewash is required by this part.
(a) Unless § 153.1114 allows the prewash to be omitted, a cargo tank from which a Category B NLS is unloaded must be prewashed using the procedures in § 153.1120(b) if the tank—
(1) Operates under the interim standard in § 153.481(b); or
(2) Has a waiver issued under § 153.483.
(b) Unless § 153.1114 allows the prewash to be omitted, a cargo tank from which a Category C NLS is unloaded must be prewashed using the procedures in § 153.1120(b) if the tank has a waiver issued under § 153.483.
(a) Except as allowed in paragraphs (b), (c), and (e) of this section, each prewash required by this subpart must be completed and all tank washings must be discharged to a reception facility before the ship leaves the unloading port.
(b) NLS residue from the prewash following the unloading of a Category B NLS may be transferred to a slop tank for discharge under § 153.1126 instead of being discharged under paragraph (a) of this section if the prewash is required solely under § 153.1118(a)(1).
(c) A tank that is required by this part to be prewashed may be prewashed in a port other than the unloading port if the following conditions are met:
(1) The person in charge requests permission from the Commandant (CG-ENG) (tel num: 202-372-1420; email: HazmatStandards@uscg.mil) if the prewash port is a foreign port, or the Captain of the Port having jurisdiction over the unloading port if the prewash port is a U.S. port.
(2) The person in charge supplies with the request required under paragraph (c)(1) of this section—
(i) The name of the ship;
(ii) The name of the owner;
(iii) The name of the NLS;
(iv) The approximate date the tank will be prewashed if the relocation of the prewash port is for one time only;
(v) A written agreement to receive the tank washings by a reception facility in the prewash port;
(vi) When the prewash port or terminal is in a country whose Administration is signatory to MARPOL 73/78, a written attestation from the person in charge of each prewash port or terminal that the Administration has determined the port or terminal to have adequate reception facilities for the NLS residue;
(vii) Written pledges from the person in charge that—
(A) The tank to be prewashed will not be washed or ballasted before being prewashed; and
(B) The ship will be taken to the reception facility and the tank prewashed in accordance with the requirements in § 153.1120; and
(viii) Any additional information the Captain of the Port or Commandant (CG-ENG) requests to evaluate granting the permission.
(3) The Coast Guard or Commandant (CG-ENG) has granted the permission in writing, the permission is carried aboard the ship, and the person in charge of the ship has made an entry in the Cargo Record Book stating that the permission has been granted.
(d) Unless the permission granted under paragraph (c)(4) of this section includes alternate conditions of termination or revocation in writing, the permission is—
(1) Terminated after the tank is prewashed as pledged in paragraph (c)(3)(vii) of this section or loaded with another cargo;
(2) Revoked if either of the pledges in paragraph (c)(3)(vii) of this section is invalidated or the agreement in paragraph (c)(3)(v) of this section is repudiated; and
(3) Revoked at any time the ship is not operated in accordance with the pledges in paragraph (c)(3)(vii) of this section and the conditions listed with the granted permission.
(e) A U.S. ship that would otherwise be required by this part to prewash in a port without reception facilities must obtain permission from Commandant (CG-ENG) to prewash in an alternate port.
[CGD 81-101, 52 FR 7785, Mar. 12, 1987, as amended by USCG-2006-25697, 71 FR 55747, Sept. 25, 2006; USCG-2014-0688, 79 FR 58284, Sept. 29, 2014]
Except where the approved Procedures and Arrangements Manual prescribes a different procedure, each of the following steps must be done in the order listed for the Coast Guard to consider the tanks prewashed under this part:
(a) When this part requires a prewash of a tank containing Category A NLS residue and the alternative prewash procedure in paragraph (b) of this section is not used, the prewash must meet the following:
(1) The prewash may not begin until—
(i) A Surveyor is present; and
(ii) Instrumentation or equipment is available that is capable of measuring the concentration of the Category A NLS in the NLS residue and determining whether it is below 0.1 per cent by weight.
(2) The equipment specified in § 153.484 must be used as prescribed in the approved Procedures and Arrangements Manual for the prewash.
(3) The wash water must be heated if required by § 153.1108, and water or tank washings must pass through the cargo pump and piping, including any stripping equipment, during washing or during discharge of tank washings.
(4) The tank washing machine must be placed in all positions specified for the tank's Category A NLS prewash procedure in the approved Procedures and Arrangements Manual.
(5) The tank must be pumped out each time there are enough tank washings collected in the bottom of the tank for the pump to gain suction, and if the NLS is immiscible with water or is a solidifying cargo, all floating and suspended NLS must be discharged.
(6) The washing machine must be operated until samples of the discharged tank washings taken by the Surveyor are tested using the equipment required by paragraph (a)(1)(ii) of this section and the concentration of NLS is below 0.1 per cent by weight.
(7) After the washing is stopped, the remaining tank washings must be pumped out.
(8) The Cargo Record Book must have items 12 through 14 completed and must show the Surveyor's written certification of their accuracy.
(9) The Cargo Record Book must have the Surveyor's written concurrence that the prewash procedures specified in the approved Procedures and Arrangements Manual were followed.
(b) When this part requires a prewash of a tank containing Category B or C NLS residue or when the procedure in this paragraph is used as an alternative to the prewash procedure under paragraph (a) of this section, the prewash must meet the following:
(1) If the prewash is for a Category A NLS, the prewash may not begin until a Surveyor is present.
(2) The equipment specified in § 153.484 must be used as prescribed in the approved Procedures and Arrangements Manual for the prewash.
(3) The wash water must be heated if required by § 153.1108, and water or tank washings must pass through the cargo pump and piping, including any stripping equipment, during washing or during discharge of tank washings.
(4) Except as required in paragraph (b)(5) of this section, the number of washing machine cycles specified in Table 153.1120 must be completed. If a prewash is required by a section listed under Column 1 of Table 153.1120 and another section listed under Column 2, the number of cycles in Column 1 must be completed but no additional cycles are necessary.
(5) If the approved Procedures and Arrangements Manual specifies that a tank washing machine must be moved for the prewash of a tank from which a Category A NLS or a solidifying NLS has been unloaded, the number of washing machine cycles specified in Table 153.1120 must be completed at each position to which the washing machine is moved.
(6) When the NLS is immiscible with water or is a solidifying cargo, the tank must be pumped out each time enough tank washings collect in the bottom of the tank for the pump to gain suction, or the procedures in paragraphs (b)(3), (b)(4), and (b)(5) of this section must be repeated two additional times with the tank pumped out each time, for a total of three washings.
(7) Items 12 through 14 in the Cargo Record Book must be completed and, if the prewash is for a Category A NLS, verification that the procedures specified in the approved Procedures and Arrangements Manual were followed shown by the Surveyor's endorsement in the Cargo Record Book.
| Number of washing machine cycles | ||
|---|---|---|
| Column 1: Prewash under § 153.1116 or for a solidifying NLS under § 153.1108 | Column 2: Prewashes except those listed under column 1 | |
| Category A NLS | 2 | 1 |
| Category B or C NLS | 1 | 1/2 |
[CGD 81-101, 52 FR 7785, Mar. 12, 1987, as amended by CGD 81-101, 53 FR 28975, Aug. 1, 1988 and 54 FR 12629, Mar. 28, 1989]
Tank washings that do not result from a prewash and that contain Category A, B, or C NLS residues must be discharged to a reception facility or discharged to the sea under § 153.1126 or § 153.1128 except those tank washings resulting from washing a tank that has been cleaned following a ventilation procedure in the approved Procedures and Arrangements Manual.
NLS residue from Category D NLSs must be discharged to a reception facility or discharged to the sea using the following procedure:
(a) Before discharge begins, drain or flush the NLS residue in the tank's piping systems into the tank.
(b) After draining or flushing, discharge the NLS residue to the sea in accordance with § 153.1128 or transfer it to a slop tank and discharge in accordance with § 153.1126.
NLS residue in a slop tank may not be discharged into the sea unless—
(a) The ship meets the conditions for discharging the NLS residue from a cargo tank in § 153.1128; and
(b) For Category B NLS residue transferred to the slop tank under § 153.1119(b), the NLS is discharged—
(1) Through an NLS residue discharge system with the flow recording equipment required in § 153.481(b)(2) operating; and
(2) At a rate maintained at or below Q in the following:
For tank contents that are miscible
For tank contents that are immiscible
Q = KU1.4 L1.6 × 10−5 m3/hr
where:
Q = maximum permissible slops discharge rate in cubic meters per hour.
V = volume of slops in the tank in cubic meters.
K = 4.3, except K = 6.45 if Q is distributed between two NLS residue discharge outlets on opposite sides of the ship (see §§ 153.470(c) and 153.481(b)).
U = ship's speed in knots.
L = ship's length in meters.
N = number of tanks containing Category B NLS residue pumped into the slop tank.
The discharge of NLS residue to the sea must be made with the ship at least 22.24 km (12 nautical miles) from the nearest land, and must meet the following additional conditions:
(a) To discharge the following the ship must be in water at least 25 m (76.2 ft) deep:
(1) Category B or C NLS residue diluted to less than 1 ppm of the NLS.
(2) Category B or C NLS residue resulting from washing a tank after the following washing procedure has been completed:
(i) If the tank is not required to be prewashed under this part, the tank must be washed following the procedures that apply to a prewash of a Category B NLS in § 153.1120 using one washing machine cycle, and the tank washings discharged to a reception facility or to the sea under § 153.1126 or paragraph (a)(1), (c) or (d) of this section.
(ii) After the tank has been prewashed or has been washed under paragraph (a)(2)(i) of this section, the tank must then be washed with one cycle of the tank washing machine, and the tank washings discharged to a reception facility or to the sea in accordance with § 153.1126 or paragraph (a)(1), (c), or (d) of this section.
(b) To discharge a Category D NLS residue to which 10 times its volume in water is added and mixed, the ship must be—
(1) If self-propelled, maintained at a speed of at least 12.97 km/hr (7 knots); and
(2) If not self-propelled, maintained at a speed of at least 7.41 km/hr (4 knots).
(c) Each ship built before July 1, 1986 that discharges Category A, B or C NLS residues before January 1, 1988 must be—
(1) In water at least 25 m (76.2 ft) deep;
(2) If discharging the residue of a Category A NLS cargo, discharging only residue created by washing the Category A NLS's cargo tank after a prewash;
(3) If discharging the residue of a Category B NLS cargo, discharging no more than the larger of 1 m3 or 1/3000th the volume of the Category B cargo loaded;
(4) If discharging the residue of a Category C NLS cargo, discharging no more than the larger of 3 m3 of or
1/1000th the volume of the Category C cargo loaded;
(5) If self-propelled, maintained at a speed of at least 12.97 km/hr (7 knots); and
(6) If not self-propelled, maintained at a speed of at least 7.41 km/hr (4 knots).
(d) To discharge Category A, B, C, or D NLS residue other than as allowed under paragraphs (a) through (c) of this section, the ship must be—
(1) In water at least 25 m (76.2 ft) deep;
(2) Discharging at a rate not exceeding that used for Qd in § 153.470;
(3) If self-propelled, maintained at speed no less than the minimum specified in the approved Procedures and Arrangements Manual but at least 12.97 km/hr (7 knots);
(4) If not self-propelled, maintained at a speed no less than the minimum specified in the approved Procedures and Arrangements Manual but at least 7.41 km/hr (4 knots);
(5) If discharging the residue of a Category A NLS cargo, discharging only residue created by washing the Category A NLS's cargo tank after a prewash;
(6) If discharging the residue of a Category B NLS cargo, discharging no more than the larger of 1 m3 or 1/3000th the volume of the Category B cargo loaded;
(7) If discharging the residue of a Category C NLS cargo, discharging no more than the larger of 3 m3 of or
1/1000th the volume of the Category C cargo loaded;
(8) Discharging through an NLS residue discharge system meeting § 153.470.
[CGD 81-101, 52 FR 7785, Mar. 12, 1987, as amended by CGD 81-101, 53 FR 28976, Aug. 1, 1988 and 54 FR 12629, Mar. 28, 1989]
(a) If equipment required in §§ 153.470 through 153.488 fails, the Coast Guard Marine Inspection Office, Sector Office, or Captain of the Port must be notified within 24 hours after the failure.
(b) No person shall replace a piece of equipment required by §§ 153.470 through 153.488 unless the replacement is—
(1) Identical to the original equipment; or
(2) Allowed as an alternative under § 153.10.
(c) The following conditions apply when discharge recording equipment required under § 153.481(b)(2) fails:
(1) No NLS residue may be discharged unless the approved Procedures and Arrangements Manual contains procedures for discharging with incapacitated discharge recording equipment while meeting the discharge restrictions of § 153.1126(b) and these procedures are followed.
(2) The failure of the discharge recording equipment must be recorded in the Cargo Record Book within 24 hours after the failure.
(3) If the ship operates under a Certificate of Inspection, the failed discharge recording equipment must be repaired or replaced within 60 days after it fails, and the repair or replacement recorded in the Cargo Record Book and reported to the Coast Guard within 24 hours after it is completed.
[CGD 81-101, 52 FR 7785, Mar. 12, 1987, as amended by USCG-2006-25556, 72 FR 36330, July 2, 2007]
The following shall be reported following the procedures applying to oil in 33 CFR 151.15 (c), (d), (g), (h):
(a) All discharges of the NLS that do not meet the requirements of this part.
(b) All spills into the water.