Md. Code Regs. 26.10.01.22

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.10.01.22 - Requirements for Tank Vessels

A. Response Plan.

(1) An owner and an operator of a tank vessel shall comply with the requirements of §A(2)-(4) of this regulation.

(2) An owner and an operator of a tank vessel required to have an approved response plan under 33 CFR Part 155, Subpart D may not operate the tank vessel in the State unless the owner and the operator of the tank vessel and the tank vessel are in full compliance with federal requirements for a response plan.

(3) An owner and an operator of a tank vessel shall include in a response plan, at a minimum:

(a) Training elements;

(b) Oil spill, release, or discharge contingency elements;

(c) Removal equipment elements; and

(d) All of the elements required to be included in a response plan under 33 CFR Part 155, Subpart D.

(4) An owner and an operator of a tank vessel shall make an approved response plan available for review by a representative of the Department upon request.

B. Detection and Control of Oil Spills, Releases, and Discharges.

(1) All-weather Escort Tank Vessel.

(a) The requirements of §B(1) and (2) of this regulation do not apply to a public vessel.

(b) An owner and an operator of a tank vessel shall ensure that a tank vessel transporting oil in the State is accompanied by an allweather escort vessel.

(c) The crew on an escort vessel shall continuously check for any evidence of an oil spill, release, or discharge from the escorted tank vessel.

(d) A vessel supplying propulsion to the tank vessel does not fulfill the requirement for an all-weather escort vessel.

(2) Alternative Monitoring. In lieu of meeting the escort vessel requirement under §B(1) of this regulation, an owner and an operator of a tank vessel may:

(a) Equip the tank vessel with a cargo level monitoring system;

(b) Ensure the tank vessel's double hulls are designed in compliance with 33 CFR § 157.10(d); or

(c) Have a Department approved plan prepared by the owner and the operator of the tank vessel that provides for visual or another method of inspection of load lines or draft markings for the tank vessel that will determine the existence of an oil spill, release, or discharge from the tank vessel.

(3) Cargo Level Monitoring System. An owner and an operator of a tank vessel shall:

(a) Maintain the cargo level monitoring system of the tank vessel in full working order; and

(b) Correct a malfunction of equipment before getting the tank vessel underway.

C. Inspection Requirements.

(1) The requirements of this section do not apply to a public vessel.

(2) An owner and an operator of a tank vessel transporting oil in the State shall inspect the tank vessel in accordance with 46 U.S.C. Subtitle II, Part B and 46 CFR Part 2.

(3) The Department may require an owner and an operator of a tank vessel to perform additional inspections if the Department has reason to believe the tank vessel has been damaged or responsible for one or more spills, releases, or discharges due to structural damage.

(4) An owner and an operator of a tank vessel shall display a certificate of inspection issued under 46 U.S.C. Subtitle II, Part B and 46 CFR Part 2 in a conspicuous place on the tank vessel.

Md. Code Regs. 26.10.01.22

Regulation .22 adopted effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .22 repealed effective February 4, 1991 (18:2 Md. R. 151)
Regulations .22 recodified effective January 1, 1996 (22:26 Md. R. 2031); Regulation .22 adopted effective December 28, 1987 (14:26 Md. R. 2743)
Regulations .22 repealed effective February 4, 1991 (18:2 Md. R. 151)
Regulations .22 recodified effective January 1, 1996 (22:26 Md. R. 2031); adopted effective 49:12 Md. R. 642, eff. 6/13/2022