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33 CFR Part 153 — Control of Pollution by Oil and Hazardous Substances, Discharge Removal

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PART 153—CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL Authority: 14 U.S.C. 503; 33 U.S.C. 1321, 1903, 1908; 42 U.S.C. 9615; 46 U.S.C. 6101; E.O. 12580, 3 CFR, 1987 Comp., p. 193; E.O. 12777, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4. Source: CGD 73-185, 41 FR 12630, Mar. 25, 1976, unless otherwise noted. Subpart A—General § 153.101 Purpose. The purpose of this part is to prescribe regulations concerning notification to the Coast Guard of the discharge of oil or hazardous substances as required by the Federal Water Pollution Control Act, as amended (FWPCA); the procedures for the removal of a discharge of oil; and the costs that may be imposed or reimbursed for the removal of a discharge of oil or hazardous substances under the FWPCA. [CGD 84-067, 51 FR 17965, May 16, 1986] § 153.103 Definitions. As used in this part: (a) Act et seq. (b) CERCLA et seq. (c) Chemical agents (d) Assistant Commandant for Marine Safety, Security and Environmental Protection (e) Coastal waters et seq. et seq. et seq. Note: Coastal waters are those waters where the Coast Guard has the responsibility for providing On-Scene Coordinators under the National Contingency Plan. Specific dividing lines between coastal and inland waters, and the identification of specified ports and harbors on inland rivers, are contained in Regional Contingency Plans prepared pursuant to the National Contingency Plan. (f) Contiguous zone Federal Register (g) Discharge (h) Hazardous substance (i) Inland waters Note: Inland waters are those waters where the Environmental Protection Agency has the responsibility for providing On-Scene Coordinators under the National Contingency Plan. Specific dividing lines between coastal and inland waters are contained in Regional Contingency Plans prepared pursuant to the National Contingency Plan. (j) Mechanical removal (k) Navigable waters (l) Offshore facility (m) Oil (n) On-Scene Coordinator OSC (o) Onshore facility (p) Person (q) Pollution Fund Fund (r) Public vessel (s) Remove Removal (t) Sorbent (u) Such quantities as may be harmful Note: Regulations that relate to such quantities as may be harmful of oil are published in 40 CFR part 110. Regulations that relate to such quantities as may be harmful (reportable quantities) of hazardous substances are published in 40 CFR part 117 and also listed in 40 CFR part 302. (v) United States (w) Vessel [CGD 84-067, 51 FR 17965, May 16, 1986, as amended by CGD 88-052, 53 FR 25121, July 1, 1988; CGD 96-026, 61 FR 33665, June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002; USCG-2008-0179, 73 FR 35014, June 19, 2008] § 153.105 FWPCA delegations and redelegation. The delegations and redelegations under the Federal Water Pollution Control Act (FWPCA) [33 U.S.C. 1321 et seq. [CGD 91-225, 59 FR 66485, Dec. 27, 1994] § 153.107 [Reserved] § 153.109 CERCLA delegations. The delegations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) are published in § 1.01-70 of this chapter. [CGD 83-009, 49 FR 575, Jan. 5, 1984] Subpart B—Notice of the Discharge of Oil or a Hazardous Substance § 153.201 Purpose. The purpose of this subpart is to prescribe the manner in which the notice required in section 311(b)(5) of the Act is to be given and to list the government officials to receive that notice. § 153.203 Procedure for the notice of discharge. Any person in charge of a vessel or of an onshore or offshore facility shall, as soon as they have knowledge of any discharge of oil or a hazardous substance from such vessel or facility in violation of section 311(b)(3) of the Act, immediately notify the Commandant (CG-MER-3), Attn: Industry and Interagency Coordination Division, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7516, toll free telephone number direct telephone: or Fax: Note: Geographical jurisdiction of Coast Guard and EPA OSC's are specified in the applicable Regional Contingency Plan. Regional Contingency Plans are available at Coast Guard District Offices and EPA Regional Offices as indicated in Table 2. Addresses and telephone numbers for these offices are listed in Table 1. [CGD 84-067, 51 FR 17966, May 16, 1986, as amended by CGD 88-052, 53 FR 25121, July 1, 1988; USCG-2000-6927, 70 FR 74675, Dec. 16, 2005; USCG-2006-25150, 71 FR 39209, July 12, 2006; USCG-2008-0179, 73 FR 35014, June 19, 2008; USCG-2010-0351, 75 FR 36284, June 25, 2010; USCG-2014-0410, 79 FR 38435, July 7, 2014] § 153.205 Fines. Section 311(b)(5) of the Act prescribes that any person who fails to notify the appropriate agency of the United States Government immediately of a discharge is, upon conviction, fined in accordance with Title 18, U.S. Code, or imprisoned for not more than 5 years, or both. Table 1—Addresses and Telephone Numbers of Coast Guard District Offices and EPA Regional Offices Address Telephone EPA Regional Offices Region: 1 1 Congress St., Suite 1100, Boston, MA 02114-2023 617-918-1111 2 290 Broadway, New York, NY 10007-1866 212-637-3000 3 1650 Arch St., Philadelphia, PA 19103-2029 215-814-5000 4 Atlanta Federal Center, 61 Forsyth St., SW, Atlanta, GA 30303-3104 404-562-9900 5 77 West Jackson Boulevard, Chicago, IL 60604-3507 312-353-2000 6 Fountain Place 12th Floor, Suite 1200, 1445 Ross Avenue, Dallas, TX 75202-2733 214-665-2200 7 901 North 5th St., Kansas City, KS 66101 913-551-7003 8 999 18th St., Suite 500, Denver, CO 80202-2466 303-312-6312 9 75 Hawthorne St., San Francisco, CA 94105 415-744-1305 10 1200 Sixth Avenue, Seattle, WA 98101 206-553-1200 Coast Guard District Offices District: USCG Northeast District 408 Atlantic Avenue, Boston, MA 02210-3350 617-223-8480 USCG East District Federal Building, 431 Crawford St., Portsmouth, VA 23704-5004 757-398-6638 USCG Southeast District 909 S.E. First Avenue, Miami, FL 33131-3050 305-536-5651 USCG Heartland District Hale Boggs Federal Bldg., 500 Camp Street, New Orleans, LA 70130-3396 504-589-6901 USCG Great Lakes District 1240 E. 9th St., Cleveland, OH 44199-2060 216-902-6045 USCG Southwest District Coast Guard Island, Building 50-6, Alameda, CA 94501-5100 510-437-2940 USCG Northwest District Jackson Federal Bldg., 915 Second Avenue, Seattle, WA 98174-1067 206-220-7090 USCG Oceania District Prince PJKK Federal Bldg., Room 9212, 300 Ala Moana Blvd., Honolulu, HI 96850-4982 808-541-2114 USCG Arctic District P.O. Box 25517, Juneau, AK 99802-5517 907-463-2199 Table 2—Standard Administrative Regions of States and Corresponding Coast Guard Districts and EPA Regions States and EPA region Coast Guard district Region I: Maine USCG Northeast District New Hampshire USCG Northeast District Vermont: All except Northwestern portion USCG Northeast District Northwestern portion USCG Northeast District Massachusetts USCG Northeast District Connecticut USCG Northeast District Rhode Island USCG Northeast District Region II: New York: Coastal area and Eastern portion USCG Northeast District Great Lakes area and other portions USCG Great Lakes District New Jersey: Upper portion USCG Northeast District Lower portion USCG East District Puerto Rico USCG Southeast District Virgin Islands USCG Southeast District Region III: Pennsylvania: Eastern portion USCG East District Great Lakes area USCG Great Lakes District Southwestern portion USCG Heartland District Maryland USCG East District Delaware USCG East District West Virginia USCG Heartland District Virginia USCG East District District of Columbia USCG East District Region IV: Kentucky USCG Heartland District Tennessee USCG Heartland District North Carolina USCG East District South Carolina USCG Southeast District Georgia USCG Southeast District Florida: Atlantic and Gulf coasts USCG Southeast District Panhandle area USCG Heartland District Alabama USCG Heartland District Mississippi USCG Heartland District Region V: Minnesota: Great Lakes area USCG Great Lakes District Inland rivers area USCG Heartland District Wisconsin: Great Lakes area USCG Great Lakes District Inland rivers area USCG Heartland District Michigan USCG Great Lakes District Illinois: Great Lakes area USCG Great Lakes District Inland rivers area USCG Heartland District Indiana: Great Lakes area USCG Great Lakes District Inland rivers area USCG Heartland District Ohio: Great Lakes area USCG Great Lakes District Inland rivers area USCG Heartland District Region VI: New Mexico USCG Heartland District Texas USCG Heartland District Oklahoma USCG Heartland District Arkansas USCG Heartland District Louisiana USCG Heartland District Region VII: Nebraska USCG Heartland District Iowa USCG Heartland District Kansas USCG Heartland District Missouri USCG Heartland District Region VIII: Montana USCG Northwest District Wyoming USCG Heartland District Utah USCG Southwest District Colorado USCG Heartland District North Dakota USCG Heartland District South Dakota USCG Heartland District Region IX: California USCG Southwest District Nevada USCG Southwest District Arizona USCG Southwest District Hawaii USCG Oceania District Guam USCG Oceania District American Samoa USCG Oceania District Trust Territory of the Pacific Islands USCG Oceania District Northern Mariana Islands USCG Oceania District Region X: Washington USCG Northwest District Oregon USCG Northwest District Idaho USCG Northwest District Alaska USCG Arctic District [CGD 84-067, 51 FR 17967, May 16, 1986, as amended by CGD 88-052, 53 FR 25121, July 1, 1988; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-1998-3799, 63 FR 35530, June 30, 1998; USCG-2000-7223, 65 FR 40057, June 29, 2000; USCG-2025-0716, 90 FR 47587, Oct. 2, 2025] Subpart C—Notification of Arrival, Hazardous Conditions, and Certain Dangerous Cargoes § 153.301 Purpose. The purpose of this subpart is to prescribe methods and procedures to be used to remove discharges of oil from coastal waters. § 153.303 Applicability. The provisions of this subpart apply to any owner or operator of a vessel or onshore or offshore facility from which a discharge of oil into coastal waters occurs who acts to remove or arranges for the removal of such discharges. § 153.305 Methods and procedures for the removal of discharged oil. Each person who removes or arranges for the removal of a discharge of oil from coastal waters shall: (a) Use to the maximum extent possible mechanical methods and sorbents that: (1) Most effectively expedite removal of the discharged oil; and (2) Minimize secondary pollution from the removal operations; Note: The Federal OSC is authorized by the provisions of the National Contingency Plan to require or deny the use of specific mechanical methods and sorbents. Sorbent selection considerations of the OSC include hydrographic and meteorological conditions, characteristics of the sorbent, and availability of a mechanical method for containment and recovery. (b) Control the source of discharge, prevent further discharges, and halt or slow the spread of the discharge by mechanical methods or sorbents or both to the maximum extent possible; (c) Recover the discharged oil from the water or adjoining shorelines by mechanical or manual methods or both to the maximum extent possible; (d) Use chemical agents only in accordance with the provisions of Subpart H of the National Contingency Plan and with the prior approval of the Federal OSC; and (e) Dispose of recovered oil and oil contaminated materials in accordance with applicable State and local government procedures. [CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD 84-067, 51 FR 17966, May 16, 1986] § 153.307 Penalties. Any person who fails or refuses to comply with the provisions of this part, or to comply with an order issued by the Federal On-Scene Coordinator under 33 U.S.C. § 1321(c) or (e)(1)(B), is liable for a civil penalty per day of violation or an amount equal to three times the costs incurred by the Oil Spill Liability Trust Fund as a result of such failure. [USCG-1998-3799, 63 FR 35531, June 30, 1998]

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