33CFR158

1. 33CFR158 COA

2. 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

3. 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)

4. 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.

5. 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.

6. 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 seasof the U.S. as defined in 33CFR2.22 • Isoperated 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.

7. Which ports and terminals must provide reception facilities? • Terminal- • 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.

8. 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).

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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

17. 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.

18. 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.

19. 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.

20. 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