---
kind: "section"
citation: "33 C.F.R. § 154.545"
title: "33"
number: "154.545"
heading: "Discharge containment equipment."
url: "https://uscodex.org/cfr/33/154.545"
---

# §154.545. Discharge containment equipment.

- (a) Each facility must have ready access to enough containment material and equipment to contain any oil or hazardous material discharged on the water from operations at that facility.
- (b) For the purpose of this section, “access” may be by direct ownership, joint ownership, cooperative venture, or contractual agreement.
- (c) Each facility must establish time limits, subject to approval by the COTP, for deployment of the containment material and equipment required by [paragraph (a)](#a) of this section considering:
  - (1) Oil or hazardous material handling rates;
  - (2) Oil or hazardous material capacity susceptible to being spilled;
  - (3) Frequency of facility operations;
  - (4) Tidal and current conditions;
  - (5) Facility age and configuration; and
  - (6) **Past record of discharges.**
- (d) The COTP may require a facility to surround each vessel conducting an oil or hazardous material transfer operation with containment material before commencing a transfer operation if—
  - (1) The environmental sensitivity of the area requires the added protection;
  - (2) The products transferred at the facility pose a significant threat to the environment;
  - (3) The past record of discharges at the facility is poor; or
  - (4) The size or complexity of the transfer operation poses a significant potential for a discharge of oil or hazardous material; and
  - (5) The use of vessel containment provides the only practical means to reduce the extent of environmental damage.
- (e) Equipment and procedures maintained to satisfy the provisions of this chapter may be utilized in the planning requirements of subpart F and subpart H of this part.

## Notes

### Amendments

[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996; USCG-1999-5149, 65 FR 40825, June 30, 2000]

### 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 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36253, Sept. 4, 1990; CGD 93-056, 61 FR 41460, Aug. 8, 1996; USCG-1999-5149, 65 FR 40825, June 30, 2000]