(a) Each facility must have ready access to enough containment material and equipment to contain any oil or hazardous material discharged on the water from operations at that facility.
(b) For the purpose of this section, “access” may be by direct ownership, joint ownership, cooperative venture, or contractual agreement.
(c) Each facility must establish time limits, subject to approval by the COTP, for deployment of the containment material and equipment required by paragraph (a) of this section considering:
(1) Oil or hazardous material handling rates;
(2) Oil or hazardous material capacity susceptible to being spilled;
(3) Frequency of facility operations;
(4) Tidal and current conditions;
(5) Facility age and configuration; and
(6) Past record of discharges.
(d) The COTP may require a facility to surround each vessel conducting an oil or hazardous material transfer operation with containment material before commencing a transfer operation if -
(1) The environmental sensitivity of the area requires the added protection;
(2) The products transferred at the facility pose a significant threat to the environment;
(3) The past record of discharges at the facility is poor; or
(4) The size or complexity of the transfer operation poses a significant potential for a discharge of oil or hazardous material; and
(5) The use of vessel containment provides the only practical means to reduce the extent of environmental damage.
(e) Equipment and procedures maintained to satisfy the provisions of this chapter may be utilized in the planning requirements of subpart F and subpart H of this part.
[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996; USCG-1999-5149, 65 FR 40825, June 30, 2000]