| Home > 1994 Unified Agenda > ua14no94 DEPARTMENT OF THE TREASURY (TREAS)...
ua14no94 DEPARTMENT OF THE TREASURY (TREAS)...
U.S. Coast Guard 2100 Second Street SW. Washington, DC 20593-0001 202 267-6230 RIN: 2115-AE87 _______________________________________________________________________ DOT--USCG 120. <bullet> +TANK VESSEL RESPONSE PLANS FOR HAZARDOUS SUBSTANCES (94- 032) Legal Authority: 33 USC 1321(j) CFR Citation: 33 CFR 155 Legal Deadline: None Abstract: This project would implement provisions of the Oil Pollution Act of 1990 that require an owner or operator of a tank vessel carrying bulk hazardous substances to develop and operate in accordance with an approved response plan. The regulations would apply to vessels operating on the navigable waters or within the Exclusive Economic Zone (EEZ) of the U.S. that carry bulk hazardous substances regulated under 46 CFR Subchapters D and O. A separate rulemaking under RIN 2115-AE87 would address hazardous substances response plan requirements for marine transportation-related facilities. This action is considered significant because of substantial public interest. Statement of Need: This rulemaking is intended to reduce the impact from hazardous substance spills from vessels. Summary of the Legal Basis: Section 4202(a) of the Oil Pollution Act of 1990 (OPA 90), codified at 33 USC 1321(j)(5), mandates that the President issue regulations requiring the preparation of oil and hazardous substance discharge response plans. Although 4202(b)(4) of OPA 90 established an implementation schedule for these response plans for oil, it did not establish a deadline for submission or approval of hazardous substances response plans. The Coast Guard has issued separate interim rules governing response plan requirements for vessels carrying oil in bulk as cargo and facilities that handle, store, or transport oil in bulk. Under section 1321, ``hazardous substances'' are designated by the Administrator of the Environmental Protection Agency. The Administrator has designated 297 chemicals as hazardous substances under this section. However, the Coast Guard has identified only 83 hazardous substances currently transferred in bulk by marine transportation- related facilities. Alternatives: The Coast Guard intends to determine what types of response strategies would be required to address spills of different types of hazardous substances. For some substances, containment and recovery may be the appropriate response. However, some spilled substances may not be recoverable from the water and other actions may be necessary. Plans would be required, by statute, to address responses to a ``worst case discharge.'' For vessels, a ``worst case discharge'' is ``a discharge in adverse weather conditions of its entire cargo.'' The Coast Guard is considering requirements for response plans for less than ``worst case discharges,'' similar to the requirements adopted in the vessel and facility response plans rules for oil discharges. Additionally, as in the vessel and facility response plans for oil discharges, owners or operators are required by statute to maintain contracts or other acceptable arrangements with spill response organizations. Anticipated Costs and Benefits: The potential costs of this rulemaking may include the costs of developing and implementing a hazardous substance response plan, maintaining contracts with spill-response organizations, reviewing and updating hazardous substance response plans, maintaining any required equipment, and training and exercising response personnel. Potential benefits include enhanced environmental quality from improved ability to respond to, contain, and recover spilled hazardous substances and a reduction in the severity of the impact of accidental hazardous substance discharges. The Coast Guard does not yet have sufficient information to estimate the potential monetary costs and benefits of this rule. A key element in developing effective regulations for hazardous substance response plans will be the development of an approach for addressing different types of hazardous substances. Risks: Response plans are required by statute. A response plan will not prevent a discharge of a hazardous substance, but it may improve the response and, in certain cases, help to minimize personal injury and damage to the environment. This rule should not affect the economic viability of vessels involved in transferring hazardous substances in bulk, or have a significant impact on the volume of hazardous substances shipped by vessel. Most vessels carrying hazardous substances in bulk have developed plans, but there have not been requirements for standardization. Timetable: _______________________________________________________________________ Action DFR Cite _______________________________________________________________________ ANPRM 12/00/94 Small Entities Affected: Undetermined Government Levels Affected: None Analysis: Regulatory Evaluation Agency Contact: Marcia Landman Project Manager G-MS Department of Transportation U.S. Coast Guard 2100 Second Street SW. Washington, DC 20593-0001 202 267-6770 RIN: 2115-AE88 _______________________________________________________________________ DOT--USCG ___________________________________________________________ PROPOSED RULE STAGE ___________________________________________________________ 121. +STRUCTURAL AND OPERATIONAL MEASURES TO REDUCE OIL SPILLS FROM EXISTING TANK VESSELS WITHOUT DOUBLE HULLS (91-045) Legal Authority: 46 USC 3703; PL 101-380 CFR Citation: 33 CFR 157 Legal Deadline: Final, Statutory, August 26, 1991. Abstract: This rulemaking will address the interim measures existing vessels must take to provide substantial protection to the environment. The interim measures will apply to existing vessels until the vessel must comply with the double-hull regulations. No tank vessel without a double hull may operate after January 15, 2015. Interim measures are to include structural and operational standards to provide substantial protection to the environment that are economically and technologically feasible. This rulemaking is considered significant due to substantial public interest and environmental impact. Statement of Need: This rulemaking is intended to reduce the likelihood of, and impact from, oil spills from existing tank vessels. Summary of the Legal Basis: Section 4115(b) of OPA 90, codified at 46 USC 3703a, mandates that the Secretary of Transportation ``... issue a final rule to require that tank vessels over 5,000 gross tons ... comply until January 1, 2015, with structural and operational requirements that the Secretary determines will provide as substantial protection to the environment as is economically and technologically feasible.'' Alternatives: In 1989, the Coast Guard commissioned the National Academy of Sciences to conduct a study of alternative tank vessel designs. The study addressed the feasibility and ramifications of implementing various design options. An advance notice of proposed rulemaking (ANPRM) was published on November 1, 1991, and solicited comments on a number of possible structural and operational measures. Comments were specifically solicited on the number of vessels affected, technical feasibility, and costs of various measures. Based on comments received and the Coast Guard's own analysis, the range of possible alternatives was narrowed. Remaining options included protectively located noncargo tanks (PL/Spaces), emergency rapid transfer systems, emergency rescue systems, underpressure systems, and hydrostatically balanced loading (HBL). Following publication of a notice of proposed rulemaking (NPRM) on October 22, 1993, the Coast Guard conducted a public meeting and received additional comments. Several comments expressed concern over the effectiveness of some of the proposed structural and operational measures, such as protectively located spaces and hydrostatic balance loading. Therefore, the Coast Guard is considering a three-prong approach. A partial final rule addressed emergency lightering equipment and prearrival notification requirements. Future rulemakings will address the other structural measures and solicit additional comments. Anticipated Costs and Benefits: The costs of the proposed rule will depend on what combination of alternatives is eventually selected. Costs may range from approximately $50,000 to create PL/Spaces on a small, pre-MARPOL ship to approximately $25 million to add a double bottom to a very large crude carrier. Lost cargo capacity may also impose substantial costs for certain alternatives, especially HBL, double sides, and double bottoms. The principal benefit of the proposed rule will be a potential reduction in oil spillage into U.S. waters. This should result in reduced cleanup costs and natural resource damages. The proposed regulation would provide environmental benefits during the period of time that single-hull vessels remain in service. Risks: The effectiveness of this rulemaking will depend on the combination of alternatives selected. Timetable: _______________________________________________________________________ Action DFR Cite _______________________________________________________________________ ANPRM 56 FR 56284 11/01/91 ANPRM Comment Period End 12/31/91 ANPRM Comment Pe57 FR 1243ded to 01/30/92 01/13/92 NPRM 58 FR 54870 10/22/93 NPRM Correction 58 FR 61143 11/19/93
Other Popular 1994 Unified Agenda Documents:
|GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.|
Supreme Court Decisions
104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents
1994 Presidential Documents