Applicability.

(a) This part applies to each facility that is capable of transferring oil or hazardous materials, in bulk, to or from a vessel, where the vessel has a total capacity, from a combination of all bulk products carried, of 39.75 cubic meters (250 barrels) or more.  This part does not apply to the facility when it is in a caretaker status.  This part does not apply to any offshore facility operating under the jurisdiction of the Secretary of the Department of the Interior.

(b) Upon written notice to the facility operator, the COTP may apply, as necessary for the safety of the facility, its personnel, or the public, all or portions of §154.735 to each facility that is capable of transferring oil or hazardous material, in bulk, only to or from a vessel with a capacity of less than 250 barrels.  If the facility is in caretaker status, the COTP may not apply the provisions of §154.735  to the facility if its storage tanks and piping are gas free.

(c) Upon a determination by the COTP under §154.1016 that an MTR facility, as defined in subpart F, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters, adjoining shorelines, or exclusive economic zones, subpart F of this part is applicable to the facility.