(a) Unless the ship is a fixed or floating drilling rig or other platform operating under an National Pollution Discharge Elimination System (NPDES) permit, the master or person in charge of an oceangoing ship that cannot discharge NLS residue into the sea in accordance with 46 CFR 153.1126 or 153.1128 shall ensure that the NLS residue is–
Terms Used In 33 CFR 151.43
- Discharge: means any release, however caused, from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying. See 33 CFR 151.05
- Fixed or floating drilling rig or other platform: means a fixed or floating structure located at sea which is engaged in the exploration, exploitation, or associated offshore processing of sea-bed mineral resources. See 33 CFR 151.05
- High viscosity NLS: includes Category A NLSs having a viscosity of at least 25 mPa. See 33 CFR 151.05
- NLS: means Noxious Liquid Substance. See 33 CFR 151.05
- Person: means an individual, firm, public or private corporation, partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body. See 33 CFR 151.05
- Prewash: means a tank washing operation that meets the procedure in 46 CFR 153. See 33 CFR 151.05
- Ship: means a vessel of any type whatsoever, operating in the marine environment. See 33 CFR 151.05
- Solidifying NLS: means a Category A, B, or C NLS that has a melting point--
(1) Greater than 0 °C but less than 15 °C and a temperature, measured under the procedure in 46 CFR 153. See 33 CFR 151.05
- Special area: means a sea area, where for recognized technical reasons in relation to its oceanographical and ecological condition and to the particular character of the traffic, the adoption of special mandatory methods for the prevention of sea pollution by oil, NLSs, or garbage is required. See 33 CFR 151.05
- Terminal: means an onshore facility or an offshore structure located in the navigable waters of the United States or subject to the jurisdiction of the United States and used, or intended to be used, as a port or facility for the transfer or other handling of a harmful substance. See 33 CFR 151.05
(1) Retained on board; or
(2) Discharged to a reception facility.
(b) If Category A, B, or C NLS cargo or NLS residue is to be transfered at a port or terminal in the United States, the master or person in charge of each oceangoing ship carrying NLS cargo or NLS residue shall notify the port or terminal at least 24 hours before entering the port or terminal of–
(1) The name of the ship;
(2) The name, category and volume of NLS cargo to be unloaded;
(3) If the cargo is a Category B or C high viscosity NLS cargo or solidifying NLS cargo listed in Table 1 of 46 CFR Part 153 with a reference to “§153.908(a)” or “§153.908(b)” in the “Special Requirements” column of that table, the time of day the ship is estimated to be ready to discharge NLS residue to a reception facility;
(4) If the cargo is any Category B or C NLS cargo not under paragraph (b)(3) of this section, whether or not the ship meets the stripping requirements under 46 CFR 153.480, 153.481, or 153.482;
(5) The name and the estimated volume of NLS in the NLS residue to be discharged;
(6) The total volume of NLS residue to be discharged; and
(7) The name and amount of any cleaning agents to be used during the prewash required by 46 CFR 153.1120.
(c) The master or person in charge of a U.S. ship in a special area shall operate the ship in accordance with 46 CFR 153.903.
Note: The master or person in charge of a ship carrying Category A NLS that is required to prewash tanks under the procedures in 46 CFR Part 153.1120 is required under 46 CFR 153.1101 to notify the COTP at least 24 hours before a prewash surveyor is needed.