MEMORANDUM
SUBJECT: Work Group Closure for Proposed Shore Protection Act
Regulations: Waste Handling Practices for Vessels and
Waste Transfer Stations, Appendix A - Guidance for
developing operation and maintenance manuals.
40 CFR Part 237
FROM: Joel Salter, Chair
Shore Protection Act Regulations Work Group
TO: Shore Protection Act Work Group Members
The following draft document provides guidance to owners and
operators of municipal and commercial waste transportation
operations for the development of operation and maintenance
manuals. We are sending this out too late for formal review at the
workgroup closure meeting scheduled for January 18, 1994 at
3-00 pm, but, if you would like to submit written comments on this
document at that time please do. We will accept further comment
prior to Red Border Review.
Addresses: Deborah Lebow
David Drelic, OE-Water
Ron Jordan, OW/OST
Paul Cassidy, OSWER
Moira Shoen, OPPE
Andy Gordon, OGC
Brad Mahanes, OW/OWEC
Estelle Bolka, OSWER/OWPE
Stan Siegel, Region II
Janine Tankoos, Region II
Daniel Forger, Region II
Bob Hazen, Region II
Bob Howard, Region IV
Chistopher McArthur, Region IV
Becky Weber, Region VI
Ken Huffman, Region VI
Commander William Chubb, United States Coast Guard
Janice Jackson, United States Coast Guard
Geoff Warren, United States Coast Guard
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APPENDIX A - GUIDANCE ON OPERATION AND MAINTENANCE MANUALS FOR
WASTE SOURCES, VESSELS AND RECEIVING FACILITIES
This appendix provides a basic structure for the development
of operation and maintenance manuals for the regulated entities.
The operation and maintenance manual developed by a vessel
permitted under the Shore Protection Act, or associated waste
source and receiving facility should be a clear statement of
operation and maintenance procedures for preventing waste from
accidentally spilling into coastal waters of the United States.
Each regulated vessel, or associated waste source and receiving
facility should develop an operation and maintenance manual to
suit its particular characteristics.
Applicability
The owners or operators of the following vessels (unless
excluded below) are required to develop and submit an operation
and maintenance manual:
• A vessel transporting municipal or commercial waste in
coastal waters;
• Vessels that regularly transport miscellaneous cargo but are
hired, contracted, or used to transport municipal or
commercial waste for a specific voyage; and
• Vessels that transport operational waste from other vessels
that meet the definition of municipal or commercial waste -
this does not include vessels transporting their own
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operational wastes.
The owners or operators of the following vessels are
excluded from developing and submitting operation and maintenance
manuals:
• Public vessels, defined as vessels that are owned, demise
chartered, and operated by the United States Government or a
government of a foreign party, and do not engage in
commercial service;
• Vessels that transport some quantity of waste incidental to
the predominant business or purpose of the vessel. For
example, a ferry which transports a garbage truck loaded
with municipal or commercial waste; and
• Vessels transporting recreational vessel sewage or
“blackwater” pumped from recreational vessel holding tanks.
The owners or operators of waste sources and receiving
facilities, as defined below and in 237.3(g) and (1) are required
to develop and submit an operation and maintenance manual:
• A facility, vessel, or operation that receives municipal or
commercial waste unloaded from a vessel; and
• A vessel or a facility from which municipal or conunercial
waste is loaded onto a vessel, including any rolling stock
or motor vehicles from which that waste is directly loaded.
The Manual
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The structure and detail of each operation and maintenance
manual may vary as the vessel, waste source, or receiving
facility will vary and as the type of waste transferred and
transported will vary. As a result of the variation in the
physical nature of municipal and commercial waste, the structure
and requirements provided in this appendix are necessarily
generic and will require further elaboration based on the
specifics of the operations and maintenance nuances at your
facility, source, or vessel. However, it is expected that an
operation and maintenance manual meeting the minimum requirements
of this regulation need not exceed 20 to 30 pages in length. It
is recommended that owners and operators of sources, facilities
and vessels review the recommended waste handling practices
provided in the Shore Protection Act Implementation Guidance
document (EPA842—B-94—OO1).
Operation and Maintenance Manuals for Vessels
The operation and maintenance manual for vessels consists of
three parts: 1) waste transfer procedures, 2) waste clean up
procedures, and 3) waste deposit reporting procedures.
The first part of the operation and maintenance manual shall
identify the measures that you will take to minimize the deposit
of waste into coastal waters during transport and transfer
activities. In the operation and maintenance manual you should:
• Describe the roles and responsibilities of each relevant
member of the crew during waste transfer and transport.
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• Provide a detailed step-wise description to the vessel crew
on the implementation of the technologies and techniques
that will be employed during waste transfer and transport.
These should include appropriate containment or diversionary
structures, or other equipment designed to minimize waste
deposits. The technologies and techniques described shall
be appropriate to the size and nature of the vessel and must
represent a responsible effort to minimize the spillage of
waste,
• Instruct the crew to secure the waste in such a way as to
prevent the deposit of waste.
• Direct the crew not to load the vessel in excess of its
capacity.
• Direct the crew that all ports and valves that may be used
for flushing or discharging waste or waste residue from the
hull or tanks must be clearly labelled and that all ports
and valves must be sealed except for the purpose of
transferring wastes.
• Describe record keeping procedures, i.e. record of amount
and type of waste off loaded, or amount and type of waste
received.
The second part of the operation and maintenance manual
describes for the vessel crew the procedures that will be used to
clean up, promptly and thoroughly, any waste deposited into
coastal waters. This section must:
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• Describe the role and responsibilities of each relevant
member of the crew during clean up.
• Describe in detail for the crew the techniques and
technologies that will be employed during waste clean up.
The technologies or techniques must be appropriate to the
waste type and the size and nature of the vessel and must
represent a responsible effort to clean up all waste
promptly and thoroughly.
In the third part of the operation and maintenance manual
describe the procedures to be followed if the vessel’s crew is
unable to clean up all of the waste deposited. In this section
you must:
• Provide a contact name and telephone number of the
designated responsible person (40 CFR 237.5) involved in the
ownership or operation of the vessel. Indicate that this
contact person should be notified immediately by telephone,
marine radio or in writing if the crew is unable to
completely clean up the waste deposited. This contact name
and phone number must be posted on the vessel in a location
visible to the vessel’s crew.
• Provide a contact name and telephone number of the
appropriate USCG official to be contacted by the responsible
person if the crew is unable to completely clean up the
waste deposited. This contact name and phone number must
also be posted on the vessel in a location visible to the
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vessel’s crew.
• Provide an example of a follow up letter to be used by the
responsible person to report the waste deposit to the
appropriate USCG official (Table 1).
• Provide copies of the form that assists record-keeping and
reporting in the event of a waste deposit (EPA guidance
document EPA842—B-94001). The operation and maintenance
manual must instruct the appropriate crew member to complete
one of these forms for each deposit of waste. The record
must include the time and date of the deposit, estimates of
the amount of wastes deposited and amount retrieved, actions
taken to clean up the waste deposit, and any other pertinent
information. If an action was not accomplished or it was
decided to attempt an unsuccessful control strategy, it is
important to document why those actions were taken. Any
actions to prevent further incidents of this type should
also be recorded. All waste deposits must be recorded,
whether cleaned up or not.
4.2 Operation and Maintenance Manuals for Waste Sources and
Receiving Facilities
The operation and maintenance manual for waste sources and
receiving facilities consists of three parts: waste transfer
procedures, waste clean up procedures, and waste deposit
reporting procedures.
The first part of the operation and maintenance manual must
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identify the measures that you will take to prevent the deposit
of waste into coastal waters during the transfer of wastes. In
the operation and maintenance manual you must:
• Describe the roles and responsibilities of each relevant
facility staff member during waste transfer.
• Provide a detailed step-wise description to relevant
employees on the implementation of technologies and
techniques that will be employed during waste transfer.
These should include appropriate containment or diversionary
structures, or other equipment designed to minimize waste
deposits. The technologies or techniques described must be
appropriate to the waste type and size and nature of the
vessels loaded/unloaded, and represent a responsible effort
to minimize the deposit of wastes.
• Describe record keeping procedures, i.e record of amount and
type of waste of floaded, or amount and type of waste
received.
The second part of the operation and maintenance manual
describes for your employees the procedures that will be used to
clean up, promptly and thoroughly, any waste deposited into
coastal waters. This section must:
• Describe the roles and responsibilities of each relevant
employee during waste clean up.
• Describe in detail how to implement the techniques and
technologies that will be employed during waste clean up.
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The technologies and techniques used must be appropriate to
the waste type and size and nature of the vessels, and must
represent a responsible effort to clean up all waste
promptly and thoroughly. The methods described may include
sweeper boats, manned boats to remove waste, shoreline clean
up crews, and booms or other equipment designed to recover
waste deposited near shore.
• Specify that clean up equipment and personnel be in
continuous operation, or on standby at the transfer facility
for waste transfer operations that occur during an ebb tide.
• Direct all employees that all waste that clearly resulted
from, or may have resulted from, waste loading or unloading
operations shall be removed prior to the first high tide
following the completion of any waste transfer operation or
before the waste has had a chance to disperse.
The third part of the operation and maintenance manual
describes the procedures to be followed if the facility’s staff
is unable to clean up all of the waste deposited. This section
must:
• Provide a contact name and telephone number of the
designated responsible person (40 CFR 237.4) involved in the
ownership or operation of the facility. Indicate that this
contact person should be notified immediately by telephone
or in writing if the employees are unable to completely
clean up the waste deposit. This contact name and phone
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number must be posted at the facility in a location visible
to the facility’s employees.
• Provide a contact name and telephone number of the
appropriate EPA official to be contacted if the employees
are unable to completely clean up the deposit. This contact
name and phone number must also be posted at the facility in
a location visible to the facility’s employees.
• Provide an example of a letter to be used by the responsible
person to report the waste deposit to the appropriate EPA
official (Table 2).
• Provide copies of the form that assists record—keeping and
reporting in the event of a waste deposit (Table 3). The
operation and maintenance manual must instruct the
appropriate employee on duty to complete one of these forms
for each waste deposit. The record must include the time
and date of the deposit, estimates of the amount of wastes
deposited and amount retrieved, cause of deposit, actions
taken to clean up the waste deposit, and any other pertinent
information. If an action was not accomplished or it was
decided to attempt an unsuccessful control strategy, it is
important to document why those actions were taken. Any
actions to prevent further incidents of this type should
also be recorded. All waste deposits must be recorded,
whether cleaned up or not.
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