§ 154.1016. Facility classification by COTP.
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/us/cfr/t33/s§ 154.1016·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The COTP may upgrade the classification of:
(1)An MTR facility not specified in § 154.1015
(b)or
(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) 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) 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) 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; and proximity to fish and wildlife and sensitive environments. \[CGD 91-036, 61 FR 7917, Feb. 29, 1996, as amended by USCG-2008-0179, 73 FR 35014, June 19, 2008\]
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§ 154.1016
Facility classification by COTP.
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