1、73 SUBCHAPTER BOIL TRANSPORTATION PART 130OIL SPILL PREVENTION AND RESPONSE PLANS Sec. 130.1 Purpose. 130.2 Scope. 130.3 General requirements. 130.5 Definitions. 130.11 Communication requirements. 130.21 Packaging requirements. 130.31 Response plans. 130.33 Response plan implementation. AUTHORITY: 3
2、3 U.S.C. 1321. SOURCE: Amdt. 1302, 61 FR 30541, June 17, 1996, unless otherwise noted. 130.1 Purpose. This part prescribes prevention, con-tainment and response planning re-quirements of the Department of Transportation applicable to transpor-tation of oil by motor vehicles and roll-ing stock. 130.2
3、 Scope. (a) The requirements of this part apply to (1) Any liquid petroleum oil in a packaging having a capacity of 3,500 gallons or more; and (2) Any liquid petroleum or non-pe-troleum oil in a quantity greater than 42,000 gallons per packaging. (b) The requirements of this part have no effect on (
4、1) The applicability of the Hazardous Materials Regulations set forth in sub-chapter C of this chapter; and (2) The discharge notification re-quirements of the United States Coast Guard (33 CFR part 153) and EPA (40 CFR part 110). (c) The requirements of this part do not apply to (1) Any mixture or
5、solution in which oil is in a concentration by weight of less than 10 percent. (2) Transportation of oil by aircraft or vessel. (3) Any petroleum oil carried in a fuel tank for the purpose of supplying fuel for propulsion of the transport ve-hicle to which it is attached. (4) Oil transport exclusive
6、ly within the confines of a non-transportation- related or terminal facility in a vehicle not intended for use in interstate or intrastate commerce (see 40 CFR part 112, appendix A). (d) The requirements in 130.31(b) of this part do not apply to mobile marine transportation-related facilities (see 3
7、3 CFR part 154). 130.3 General requirements. No person may offer or accept for transportation or transport oil subject to this part unless that person (a) Complies with this part; and (b) Has been instructed on the appli-cable requirements of this part. 130.5 Definitions. In this subchapter: Animal
8、fat means a non-petroleum oil, fat, or grease de-rived from animals, not specifically identified elsewhere in this part. Contract or other means is: (1) A written contract with a re-sponse contractor identifying and en-suring the availability of the necessary personnel or equipment within the shorte
9、st practicable time; (2) A written certification by the owner or operator that the necessary personnel or equipment can and will be made available by the owner or oper-ator within the shortest practicable time; or (3) Documentation of membership in an oil spill response organization that ensures the
10、 owners or operators ac-cess to the necessary personnel or equipment within the shortest prac-ticable time. EPA means the U.S. Environmental Protection Agency. Liquid means a material that has a vertical flow of over two inches (50 mm) within a three-minute period, or a material having one gram or m
11、ore liq-uid separation, when determined in ac-cordance with the procedures specified in ASTM D 435984, Standard Test Method for Determining Whether a Ma-terial is a Liquid or a Solid, 1990 edi-tion, which is incorporated by ref-erence. NOTE: This incorporation by reference has been approved by the D
12、irector of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy may be obtained VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00083 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted wit
13、hout license from IHS-,-,-74 49 CFR Ch. I (10110 Edition) 130.11 from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. Copies may be inspected at the Office of Hazardous Materials Safety, Office of Haz-ardous Materials Standards, Room 8422, DOT headquarters b
14、uilding, 400 7th St., SW, Wash-ington, DC 20590, or at the National Archives and Records Administration (NARA). For in-formation on the availability of this mate-rial at NARA, call 2027416030, or go to: http:/www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html. Maximum
15、 extent practicable means the limits of available technology and the practical and technical limits on an owner or operator of an onshore facil-ity in planning the response resources required to provide the on-water recov-ery capability and the shoreline protec-tion and cleanup capability to conduct
16、 response activities for a worst-case dis-charge of oil in adverse weather. Non-petroleum oil means any animal fat, vegetable oil or other non-petro-leum oil. Oil means oil of any kind or in any form, including, but not limited to, pe-troleum, fuel oil, sludge, oil refuse, and oil mixed with wastes
17、other than dredged spoil. NOTE: This definition does not include haz-ardous substances (see 40 CFR part 116). Other non-petroleum oil means a non- petroleum oil of any kind that is not an animal fat or vegetable oil. Packaging means a receptacle and any other components or materials necessary for th
18、e receptacle to perform its containment function in conform-ance with the packaging requirements of this part. A compartmented tank is a single packaging. Person means an individual, firm, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or
19、 any interstate body, as well as a depart-ment, agency, or instrumentality of the executive, legislative or judicial branch of the Federal Government. Petroleum oil means any oil extracted or derived from geological hydrocarbon deposits, including fractions thereof. Qualified individual means an ind
20、i-vidual familiar with the response plan, trained in his or her responsibilities in implementing the plan, and authorized, on behalf of the owner or operator, to initiate all response activities identi-fied in the plan, to enter into response- related contracts and obligate funds for such contracts,
21、 and to act as a liaison with the on-scene coordinator and other responsible officials. The quali-fied individual must be available at all times the owner or operator is engaged in transportation subject to part 130 (alone or in conjunction with an equal-ly qualified alternate), must be fluent in En
22、glish, and must have in his or her possession documentation of the re-quired authority. Transports or Transportation means any movement of oil by highway or rail, and any loading, unloading, or storage incidental thereto. Vegetable oil means a non-petroleum oil or fat derived from plant seeds, nuts,
23、 kernels or fruits, not specifically identified elsewhere in this part. Worst-case discharge means the larg-est foreseeable discharge in adverse weather conditions, as defined at 33 U.S.C. 1321(a)(24). The largest foresee-able discharge from a motor vehicle or rail car is the capacity of the cargo c
24、ontainer. The term maximum poten-tial discharge, used in 130.31(a), is synonymous with worst-case dis-charge. Amdt. 1302, 61 FR 30541, June 17, 1996, as amended by 66 FR 45378, Aug. 28, 2001; 67 FR 61011, Sept. 27, 2002; 69 FR 18803, Apr. 9, 2004 130.11 Communication requirements. (a) No person may
25、offer oil subject to this part for transportation unless that person provides the person accepting the oil for transportation a document indicating the shipment contains oil. (b) No person may transport oil sub-ject to this part unless a readily avail-able document indicating that the shipment conta
26、ins oil is in the posses-sion of the transport vehicle operator during transportation. (c) A material subject to the require-ments of this part need not be specifi-cally identified as oil when the ship-ment document accurately describes the material as: aviation fuel, diesel fuel, fuel oil, gasoline
27、, jet fuel, ker-osene, motor fuel, or petroleum. 130.21 Packaging requirements. Each packaging used for the trans-portation of oil subject to this part VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00084 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided by IHSNot for Resale
28、No reproduction or networking permitted without license from IHS-,-,-75 Pipeline and Hazardous Materials Safety Admin., DOT 130.33 must be designed, constructed, main-tained, closed, and loaded so that, under conditions normally incident to transportation, there will be no release of oil to the envi
29、ronment. 130.31 Response plans. (a) After September 30, 1993, no per-son may transport oil subject to this part unless that person has a current basic written plan that: (1) Sets forth the manner of response to discharges that may occur during transportation; (2) Takes into account the maximum poten
30、tial discharge of the contents from the packaging; (3) Identifies private personnel and equipment available to respond to a discharge; (4) Identifies the appropriate persons and agencies (including their telephone numbers) to be contacted in regard to such a discharge and its handling, in-cluding th
31、e National Response Center; and (5) For each motor carrier, is re-tained on file at that persons principal place of business and at each location where dispatching of motor vehicles occurs; and for each railroad, is re-tained on file at that persons principal place of business and at the dis-patcher
32、s office. (b) After February 18, 1993, no person may transport an oil subject to this part in a quantity greater than 1,000 barrels (42,000 gallons) unless that per-son has a current comprehensive writ-ten plan that: (1) Conforms with all requirements specified in paragraph (a) of this sec-tion; (2)
33、 Is consistent with the require-ments of the National Contingency Plan (40 CFR part 300) and Area Contin-gency Plans; (3) Identifies the qualified individual having full authority to implement re-moval actions, and requires immediate communications between that indi-vidual and the appropriate Federa
34、l offi-cial and the persons providing spill re-sponse personnel and equipment; (4) Identifies, and ensures by contract or other means the availability of, pri-vate personnel (including address and phone number), and the equipment nec-essary to remove, to the maximum ex-tent practicable, a worst case
35、 discharge (including a discharge resulting from fire or explosion) and to mitigate or prevent a substantial threat of such a discharge; (5) Describes the training, equipment testing, periodic unannounced drills, and response actions of facility per-sonnel, to be carried out under the plan to ensure
36、 the safety of the facility and to mitigate or prevent the discharge, or the substantial threat of such a dis-charge; and (6) Is submitted, and resubmitted in the event of any significant change, to the Federal Railroad Administrator (for tank cars), or to the Federal High-way Administrator (for car
37、go tanks) at East Building, 1200 New Jersey Avenue, SE., Washington, DC 205900001. (Approved by the Office of Management and Budget under control number 21370591) Amdt. 1302, 61 FR 30541, June 17, 1996, as amended at 72 FR 55683, Oct. 1, 2007 130.33 Response plan implementa-tion. If, during transpor
38、tation of oil sub-ject to this part, a discharge occurs into or on the navigable waters of the United States; on the adjoining shore-lines to the navigable waters; or that may affect natural resources belonging to, appertaining to, or under the exclu-sive management authority of, the United Statesth
39、e person transporting the oil shall implement the plan re-quired by 130.31, in a manner con-sistent with the National Contingency Plan, 40 CFR part 300, or as otherwise directed by the Federal on-scene coor-dinator. VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00085 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
