---
kind: "section"
citation: "33 C.F.R. § 154.1016"
title: "33"
number: "154.1016"
heading: "Facility classification by COTP."
url: "https://uscodex.org/cfr/33/154.1016"
---

# §154.1016. Facility classification by COTP.

- (a) The COTP may upgrade the classification of:
  - (1) An MTR facility not specified in § [154.1015 (b)](/cfr/33/154.1015.md?p=b) or [(c)](/cfr/33/154.1015.md?p=c) to a facility that could reasonably be expected to cause substantial harm to the environment; or
  - (2) An MTR facility specified in [§ 154.1015(b)](/cfr/33/154.1015.md?p=b) to a facility that could reasonably be expected to cause significant and substantial harm to the environment.
- (b) The COTP may downgrade, the classification of:
  - (1) An MTR facility specified in [§ 154.1015(c)](/cfr/33/154.1015.md?p=c) to a facility that could reasonably be expected to cause substantial harm to the environment; or
  - (2) An MTR facility specified in [§ 154.1015(b)](/cfr/33/154.1015.md?p=b) to a facility that could not reasonably be expected to cause substantial, or significant and substantial harm to the environment.
  - (3) The COTP will consider downgrading an MTR facility's classification only upon receiving a written request for a downgrade of classification from the facility's owner or operator.
- (c) When changing a facility classification the COTP may, as appropriate, consider all relevant factors including, but not limited to: Type and quantity of oils handled in bulk; facility spill history; age of facility; proximity to public and commercial water supply intakes; proximity to navigable waters based on the definition of navigable waters in [33 CFR 2.36](/cfr/33/2.36.md); and proximity to fish and wildlife and sensitive environments.

## Notes

### Amendments

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-2008-0179, 73 FR 35014, June 19, 2008]

### Source

Source: CGD 91-036, 61 FR 7917, Feb. 29, 1996, unless otherwise noted.

### Authority

Authority: 33 U.S.C. 1321(j)(1)(C), (j)(5), (j)(6), and (m)(2); 46 U.S.C. 70011, 70034; sec. 2, E.O. 12777, 56 FR 54757; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.2. Subpart F is also issued under 33 U.S.C. 2735. Vapor control recovery provisions of Subpart P are also issued under 42 U.S.C. 7511b(f)(2).

### Amendments

[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-2008-0179, 73 FR 35014, June 19, 2008]