Home > 1994 Unified Agenda > ua14no94 DEPARTMENT OF THE TREASURY (TREAS)...

ua14no94 DEPARTMENT OF THE TREASURY (TREAS)...


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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

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