N.J. Admin. Code § 7:1E-2.7 - Marine transfer facilities

Current through Register Vol. 54, No. 7, April 4, 2022

(a) All rules and regulations of the U.S. Coast Guard which apply to oil transfer facilities, in particular 33 CFR 154 and 156, are herein expressly adopted by reference, and are further made applicable as well to all marine transfer facilities which transfer in the liquid state any hazardous substances other than oil.
(b) If oil or other non-miscible lighter-than-water hazardous substances are transferred at the facility, there shall be kept available a length of flotation boom or other containment device sufficient to totally enclose a vessel while engaged in the transfer of hazardous substances from a vessel to the facility or from the facility to a vessel. When transferring between vessels, the containment device shall be capable of encircling both vessels.
(c) A containment device shall be deployed prior to commencing the transfer of any non-miscible lighter-than-water hazardous substance with a flash point in excess of 100 degrees Fahrenheit (38 degrees centigrade) as measured by ASTM D93, incorporated herein by reference, when current and wind conditions permit the effective use of such devices and the device can be safely deployed without endangering any personnel, any vessel, or obstructing any shipping channel. This provision does not apply to the transfer of any hazardous substance to be used as a fuel or a lubricant by the vessel.
(d) When conditions prohibit the immediate deployment of a containment device, such containment device shall be maintained on a standby basis during the transfer for rapid deployment in the event of a discharge.
(e) When transferring hazardous substances to or from a vessel that is moored to a dock, the containment device is to encircle the entire vessel except for the area of the dock the vessel sits adjacent to, if the dock is capable of acting as an effective barrier.
(f) If a containment device is required by the Department to be in place during a transfer of a hazardous substance, the device shall be deployed not less than 15 feet from the vessel prior to commencement of the transfer operation, except in the case where a dock may act as part of the containment, and shall be maintained in a manner that minimizes the potential for any discharged hazardous substance from leaving the contained area.
(g) Transfer operations shall not commence, or if commenced shall be discontinued immediately, upon detection of any of the following:
1. National Weather Service forecasts predict for the vicinity of the facility gale force winds, heavy precipitation or other storm conditions, and the person in charge determines that a transfer cannot be accomplished without increased risk of discharge, or if such weather conditions occur after transfer operations have been commenced;
2. Fire occurs in the vicinity of the transfer operation or a nearby portion of the transfer facility unless such a transfer is necessary to prevent further endangerment of personnel, the vessel or facility;
3. At any time the transfer system is functioning contrary to the standard operating procedures of the facility;
4. A break occurs in the transfer system;
5. There is an apparent discrepancy between the quantity of hazardous substance transferred and received;
6. The communication system is not operative;
7. Hazardous substances are observed in the water near any transfer component, unless it can be ascertained that the hazardous substances are not being discharged from the vessel or the marine transfer facility involved in the transfer operation; or
8. A discharge occurs during transfer. Transfer shall not be resumed until after the discharge has been reported to the Department, and the Department or Federal on-scene coordinator under the National Oil and Hazardous Substances Pollution Contingency Plan pursuant to 40 CFR 300 is satisfied that adequate steps have been taken to contain the discharge and to prevent further discharges. Under certain circumstances, it may be necessary to continue transfer operations even though a discharge has occurred, for example, in order to off-load the contents of a vessel which is leaking.
(h) Prior to the removal of a deployed containment device, all discharged hazardous substances contained by the device shall be properly cleaned up and removed.
(i) Any containment device deployed shall be retrieved and properly secured by the owner or operator upon completion of the transfer, or at such time as it is no longer needed to prevent the spread of or to divert a discharge. If the containment device is contaminated, it shall be properly cleaned or disposed of.
(j) A copy of the requirements of 7:1E-5.3(c), printed in a conspicuous format, shall be displayed by the owner or operator at any transfer areas and the operations center.


N.J. Admin. Code § 7:1E-2.7
Amended by R.1996 d.252, effective 6/3/1996.
See: 27 N.J.R. 2337(a), 27 N.J.R. 2882(a), 28 N.J.R. 2858(a).
Amended by R.1996 d.462, effective 10/7/1996.
See: 28 N.J.R. 2730(a), 28 N.J.R. 4424(b).
Amended by R.2007 d.93, effective 4/2/2007.
See: 38 N.J.R. 4285(a), 39 N.J.R. 1253(a).
In (b), added the last sentence; deleted former (c); recodified (d) and (e) as (c) and (d); in (c), substituted "ASTM D93, incorporated herein by reference" for "the Penske-Martens closed cup flash test (ASTM D-93, incorporated herein by reference)"; recodified (f) and (g) as (e); rewrote (e); recodified (h) through (k) as (f) through (i); in (g)1, substituted "precipitation" for "rain, sleet, snow"; in (g)8, inserted "Oil and Hazardous Substances Pollution" and substituted "300" for "1510"; rewrote (h) and (i); and added (j).

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